§ 6-1.1-42-27 — Certified deduction application

Indiana § 6-1.1-42-27

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 42: Brownfield Revitalization Zone Tax Abatement

Text

(a) A property owner who desires to obtain
the deduction provided by section 24 of this chapter must file a
certified deduction application, on forms prescribed by the department
of local government finance, with the auditor of the county in which the
property is located. Except as otherwise provided in subsection (b) or
(e), the deduction application must be filed before May 10 of the year
in which the addition to assessed valuation is made.
(b) If notice of the addition to assessed valuation or new assessment
for any year is not given to the property owner before April 10 of that
year, the deduction application required by this section may be filed not
later than thirty (30) days after the date such a notice is mailed to the
property owner at the address shown on the records of the township or
county assessor.
(c) The certified deduction application required by this section must
contain the following information:
(1) The name of each owner of the property.
(2) A certificate of completion of a voluntary remediation under
IC 13-25-5-16.
(3) Proof that each owner who is applying for the deduction:
(A) has never had an ownership interest in an entity that
contributed; and
(B) has not contributed;
a contaminant (as defined in IC 13-11-2-42) that is the subject of
the voluntary remediation, as determined under the written
standards adopted by the department of environmental
management.
(4) Proof that the deduction was approved by the appropriate
designating body.
(5) A description of the property for which a deduction is claimed
in sufficient detail to afford identification.
(6) The assessed value of the improvements before remediation
and redevelopment.
(7) The increase in the assessed value of improvements resulting
from remediation and redevelopment.
(8) The amount of the deduction claimed for the first year of the
deduction.
(d) A certified deduction application filed under subsection (a) or
(b) is applicable for the year in which the addition to assessed value or
assessment of property is made and each subsequent year to which the
deduction applies under the resolution adopted under section 24 of this
chapter.
(e) A property owner who desires to obtain the deduction provided
by section 24 of this chapter but who has failed to file a deduction
application within the dates prescribed in subsection (a) or (b) may file
a deduction application between March 10 and May 10 of a subsequent
year which is applicable for the year filed and the subsequent years
without any additional certified deduction application being filed for
the amounts of the deduction which would be applicable to such years
under this chapter if such a deduction application had been filed in
accordance with subsection (a) or (b).
(f) On verification of the correctness of a certified deduction
application by the assessor of the township in which the property is
located, or the county assessor if there is no township assessor for the
township, the county auditor shall, if the property is covered by a
resolution adopted under section 24 of this chapter, make the
appropriate deduction.
(g) The amount and period of the deduction provided for property
by section 24 of this chapter are not affected by a change in the
ownership of the property if the new owner of the property:
(1) is a person that:
(A) has never had an ownership interest in an entity that
contributed; and
(B) has not contributed;
a contaminant (as defined in IC 13-11-2-42) that is the subject of
the voluntary remediation, as determined under the written
standards adopted by the department of environmental
management;
(2) continues to use the property in compliance with any
standards established under sections 7 and 23 of this chapter; and
(3) files an application in the manner provided by subsection (e).
(h) The township assessor, or the county assessor if there is no
township assessor for the township, shall include a notice of the
deadlines for filing a deduction application under subsections (a) and
(b) with each notice to a property owner of an addition to assessed
value or of a new assessment.

Legislative History

As added by P.L.59-1997, SEC.1. Amended by P.L.119-1999, SEC.8; P.L.90-2002, SEC.284; P.L.146-2008, SEC.303; P.L.245-2015, SEC.17.