This text of Indiana § 6-1.1-37-9 (Property taxes; deadlines; interest rate; penalties) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)This section applies when:
(1)an assessment is made or increased after the date or dates on
which the taxes for the year for which the assessment is made
were originally due;
(2)the assessment upon which a taxpayer has been paying taxes
under IC 6-1.1-15-10(a)(1) or IC 6-1.1-15-10(a)(2) while a
petition for review or a judicial proceeding has been pending is
less than the assessment that results from the final determination
of the petition for review or judicial proceeding; or
(3)the collection of certain ad valorem property taxes has been
enjoined under IC 33-26-6-2, and under the final determination of
the petition for judicial review the taxpayer is liable for at least
part of those taxes.
(b)Except as provided in subsections (c) and (g), a taxpayer shall
pay interest on the tax
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(a) This section applies when:
(1) an assessment is made or increased after the date or dates on
which the taxes for the year for which the assessment is made
were originally due;
(2) the assessment upon which a taxpayer has been paying taxes
under IC 6-1.1-15-10(a)(1) or IC 6-1.1-15-10(a)(2) while a
petition for review or a judicial proceeding has been pending is
less than the assessment that results from the final determination
of the petition for review or judicial proceeding; or
(3) the collection of certain ad valorem property taxes has been
enjoined under IC 33-26-6-2, and under the final determination of
the petition for judicial review the taxpayer is liable for at least
part of those taxes.
(b) Except as provided in subsections (c) and (g), a taxpayer shall
pay interest on the taxes the taxpayer is required to pay as a result of an
action or a determination described in subsection (a) at the rate
established by the commissioner of the department of state revenue
under IC 6-8.1-10-1 from the original due date or dates for those taxes
to:
(1) the date of payment; or
(2) the date on which penalties for the late payment of a tax
installment may be charged under subsection (e) or (f);
whichever occurs first. The interest shall be computed using the rate in
effect for each particular year in which the interest accrued.
(c) Except as provided in subsection (g), a taxpayer shall pay
interest on the taxes the taxpayer is ultimately required to pay in excess
of the amount that the taxpayer is required to pay under IC 6-1.1-15-10(a)(1) while a petition for review or a judicial proceeding
has been pending at the overpayment rate established under Section
6621(c)(1) of the Internal Revenue Code in effect on the original due
date or dates for those taxes from the original due date or dates for
those taxes to:
(1) the date of payment; or
(2) the date on which penalties for the late payment of a tax
installment may be charged under subsection (e) or (f);
whichever occurs first.
(d) With respect to an action or determination described in
subsection (a), the taxpayer shall pay the taxes resulting from that
action or determination and the interest prescribed under subsection (b)
or (c) on or before:
(1) the next May 10; or
(2) the next November 10;
whichever occurs first.
(e) A taxpayer shall begin paying the penalty prescribed in section
10 of this chapter on the day after the date for payment prescribed in
subsection (d) if:
(1) the taxpayer has not paid the amount of taxes resulting from
the action or determination; and
(2) the taxpayer either:
(A) received notice of the taxes the taxpayer is required to pay
as a result of the action or determination at least thirty (30) days
before the date for payment; or
(B) voluntarily signed and filed an assessment return for the
taxes.
(f) If subsection (e) does not apply, a taxpayer who has not paid the
amount of taxes resulting from the action or determination shall begin
paying the penalty prescribed in section 10 of this chapter on:
(1) the next May 10 which follows the date for payment
prescribed in subsection (d); or
(2) the next November 10 which follows the date for payment
prescribed in subsection (d);
whichever occurs first.
(g) A taxpayer is not subject to the payment of interest on real
property assessments under subsection (b) or (c) if:
(1) an assessment is made or increased after the date or dates on
which the taxes for the year for which the assessment is made
were due;
(2) the assessment or the assessment increase is made as the result
of error or neglect by the assessor or by any other official
involved with the assessment of property or the collection of
property taxes; and
(3) the assessment:
(A) would have been made on the normal assessment date if the
error or neglect had not occurred; or
(B) increase would have been included in the assessment on the
normal annual assessment date if the error or neglect had not
occurred.
[Pre-1975 Property Tax Recodification Citation: 6-1-32-7
part.]
Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1981,
P.L.76, SEC.1; P.L.63-1986, SEC.2; P.L.90-1987, SEC.1;
P.L.198-2001, SEC.92; P.L.1-2004, SEC.45 and P.L.23-2004, SEC.48;
P.L.67-2006, SEC.10; P.L.219-2007, SEC.81; P.L.1-2010, SEC.33;
P.L.56-2012, SEC.16; P.L.120-2012, SEC.5; P.L.235-2013, SEC.3;
P.L.288-2013, SEC.24; P.L.251-2015, SEC.31; P.L.232-2017,
SEC.38.