§ 6-1.1-3-7.5 — Amended returns; tax adjustments; credits

Indiana § 6-1.1-3-7.5

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 3: Procedures for Personal Property Assessment

Text

5. (a) A taxpayer may file an amended
personal property tax return, in conformity with the rules adopted by
the department of local government finance, not more than six (6)
months, if the filing date for the original personal property tax return
is before May 15, 2011, or twelve (12) months, if the filing date for the
original personal property tax return is after May 14, 2011, after the
later of the following:
(1) The filing date for the original personal property tax return, if
the taxpayer is not granted an extension in which to file under
section 7 of this chapter.
(2) The extension date for the original personal property tax
return, if the taxpayer is granted an extension under section 7 of
this chapter.
(b) A tax adjustment related to an amended personal property tax
return shall be made in conformity with rules adopted under IC 4-22-2
by the department of local government finance.
(c) If a taxpayer wishes to correct an error made by the taxpayer on
the taxpayer's original personal property tax return, the taxpayer must
file an amended personal property tax return under this section within
the time required by subsection (a). A taxpayer may claim on an
amended personal property tax return any adjustment or exemption that
would have been allowable under any statute or rule adopted by the
department of local government finance if the adjustment or exemption
had been claimed on the original personal property tax return.
(d) Notwithstanding any other provision, if:
(1) a taxpayer files an amended personal property tax return under
this section in order to correct an error made by the taxpayer on
the taxpayer's original personal property tax return; and
(2) the taxpayer is entitled to a refund of personal property taxes
paid by the taxpayer under the original personal property tax
return;
the taxpayer is not entitled to interest on the refund.
(e) If a taxpayer files an amended personal property tax return for
a year before July 16 of that year, the taxpayer shall pay taxes payable
in the immediately succeeding year based on the assessed value
reported on the amended return.
(f) If a taxpayer files an amended personal property tax return for a
year after July 15 of that year, the taxpayer shall pay taxes payable in
the immediately succeeding year based on the assessed value reported
on the taxpayer's original personal property tax return. Subject to
subsection (l), a taxpayer that paid taxes under this subsection is
entitled to a credit in the amount of taxes paid by the taxpayer on the
remainder of:
(1) the assessed value reported on the taxpayer's original personal
property tax return; minus
(2) the finally determined assessed value that results from the
filing of the taxpayer's amended personal property tax return.
Except as provided in subsection (k), the county auditor may apply the
credit against the taxpayer's property taxes on personal property
payable in the year or years that immediately succeed the year in which
the taxes were paid, as applicable. The county is not required to pay
interest on any amounts that a taxpayer is entitled to receive as a credit
under this section.
(g) A county auditor may carry a credit to which the taxpayer is
entitled under subsection (f) forward to the immediately succeeding
year or years, as applicable, and use the credit against the taxpayer's
property taxes on personal property as follows:
(1) If the amount of the credit to which the taxpayer is initially
entitled under subsection (f) does not exceed twenty-five
thousand dollars ($25,000), the county auditor may carry the
credit forward to the year immediately succeeding the year in
which the taxes were paid.
(2) If the amount of the credit to which the taxpayer is initially
entitled under subsection (f) exceeds twenty-five thousand dollars
($25,000), the county auditor may carry the credit forward for not
more than three (3) consecutive years immediately succeeding the
year in which the taxes were paid.
The credit is reduced each time the credit is applied to the taxpayer's
property taxes on personal property in succeeding years by the amount
applied.
(h) If an excess credit remains after the credit is applied in the final
year to which the credit may be carried forward under subsection (g),
the county auditor shall refund to the taxpayer the amount of any
excess credit that remains after application of the credit under
subsection (g) not later than December 31 of the final year to which the
excess credit may be carried.
(i) The taxpayer is not required to file an application for:
(1) a credit under subsection (f) or (g); or
(2) a refund under subsection (h).
(j) Before August 1 of each year, the county auditor shall provide to
each taxing unit in the county an estimate of the total amount of the
credits under subsection (f) or (g) that will be applied against taxes
imposed by the taxing unit that are payable in the immediately
succeeding year.
(k) A county auditor may refund a credit amount to a taxpayer
before the time the credit would otherwise be applied against property
tax payments under this section.
(l) If a person:
(1) files an amended personal property tax return more than six
(6) months, but less than twelve (12) months, after the filing date
or (if the taxpayer is granted an extension under section 7 of this
chapter) the extension date for the original personal property tax
return being amended; and
(2) is entitled to a credit or refund as a result of the amended
return;
the county auditor shall reduce the credit or refund payable to the
person. The amount of the reduction is ten percent (10%) of the credit
or refund amount.

Legislative History

As added by P.L.6-1997, SEC.8. Amended by P.L.198-2001, SEC.6; P.L.90-2002, SEC.23; P.L.172-2011, SEC.26; P.L.111-2014, SEC.6; P.L.148-2015, SEC.1.