§ 6-1.1-37-7 — Personal property return; various violations and penalties

Indiana § 6-1.1-37-7

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 37: Miscellaneous Penalty and Interest Provisions

Text

(a) If a person fails to file a required personal
property return on or before the due date, the county auditor shall add
a penalty of twenty-five dollars ($25) to the person's next property tax
installment. The county auditor shall also add an additional penalty to
the taxes payable by the person if the person fails to file the personal
property return within thirty (30) days after the due date. The amount
of the additional penalty is:
(1) the lesser of ten percent (10%) of the taxes finally determined
to be due with respect to the personal property which should have
been reported on the return or ten thousand dollars ($10,000) if
the return is filed on or before November 15 of a year; or
(2) the lesser of twenty percent (20%) of the taxes finally
determined to be due with respect to the personal property which
should have been reported on the return or fifty thousand dollars
($50,000) if the return is filed after November 15 of a year.
(b) For purposes of this section, a personal property return is not due
until the expiration of any extension period granted by the township or
county assessor under IC 6-1.1-3-7(b).
(c) The penalties prescribed under this section do not apply to an
individual or the individual's dependents if the individual:
(1) is in the military or naval forces of the United States on the
assessment date; and
(2) is covered by the federal Servicemembers Civil Relief Act (50
U.S.C. App. 501 et seq.) or IC 10-16-20.
(d) If a person subject to IC 6-1.1-3-7(c) fails to include on a
personal property return the information, if any, that the department of
local government finance requires under IC 6-1.1-3-9 or IC 6-1.1-5-13,
the county auditor shall add a penalty to the property tax installment
next due for the return. The amount of the penalty is twenty-five dollars
($25).
(e) If the total assessed value that a person reports on a personal
property return is less than the total assessed value that the person is
required by law to report and if the amount of the undervaluation
exceeds five percent (5%) of the value that should have been reported
on the return, then the county auditor shall add a penalty of twenty
percent (20%) of the additional taxes finally determined to be due as
a result of the undervaluation. The penalty shall be added to the
property tax installment next due for the return on which the property
was undervalued. If a person has complied with all of the requirements
for claiming a deduction, an exemption, or an adjustment for abnormal
obsolescence, then the increase in assessed value that results from a
denial of the deduction, exemption, or adjustment for abnormal
obsolescence is not considered to result from an undervaluation for
purposes of this subsection.
(f) If a person required by IC 6-1.1-3-7.2(e) to declare on the
taxpayer's personal property tax return that the taxpayer's business
personal property is exempt fails to timely file the taxpayer's personal
property tax return with the declaration, the county auditor shall impose
a penalty of twenty-five dollars ($25) that must be paid by the person
with the next property tax installment that is collected. A county shall
include the penalty on a property tax bill associated with the tax district
in which the majority value of the taxpayer's business personal property
within the county is located, as determined by the county assessor.
(g) A penalty is due with an installment under subsection (a), (d),
(e), or (f) whether or not an appeal is filed under IC 6-1.1-15-5 with
respect to the tax due on that installment.
[Pre-1975 Property Tax Recodification Citation:
6-1-32-3.]
Formerly: Acts 1975, P.L.47, SEC.1. As amended by
P.L.69-1983, SEC.10; P.L.71-1985, SEC.1; P.L.2-1998, SEC.22;
P.L.90-2002, SEC.261; P.L.146-2008, SEC.292; P.L.80-2014, SEC.7;
P.L.156-2015, SEC.1; P.L.249-2015, SEC.18; P.L.199-2016, SEC.3;
P.L.273-2019, SEC.5; P.L.257-2019, SEC.66; P.L.153-2021, SEC.2;
P.L.156-2024, SEC.22.