§ 6-1.1-49-10 — Ineligibility for the credit; civil penalty

(a) If an individual who is receiving the
credit provided by this chapter:
(1) knows or should have known that the individual does not
qualify for the credit under this chapter; or
(2) changes the use of the individual's property so that part or all
of the property no longer qualifies for the credit under this
chapter;
the individual must file a certified statement with the county auditor,
notifying the county auditor that subdivision (1) or (2) applies, not
more than sixty (60) days after the date subdivision (1) or (2) first
applies.
(b) An individual who fails to file the statement required by this
section is liable for any additional taxes that would have been due on
the property if the individual had filed the statement as required by this
section, plus a civil penalty equal to ten percent (10%) of the additional
taxes due. The additional taxes owed plus the civil penalty become part
of the property tax liability for purposes of this article.
(c) The civil penalty imposed under this section is in addition to any
interest and penalties for a delinquent payment that might otherwise be
due. One percent (1%) of the total civil penalty collected under this
section shall be transferred by the county to the department of local
government finance for use by the department in establishing and
maintaining the homestead property data base under IC 6-1.1-12-37(j)
and, to the extent there is money remaining, for any other purposes of
the department.

Legislative History

As added by P.L.95-2023, SEC.1. Amended by P.L.136-2024, SEC.29.