§ 6-1.1-51.3-1 — Credit for person 65 or older; limitations; cost of living adjustment; surviving spouse

Indiana § 6-1.1-51.3-1

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 51.3: Local Property Tax Credits

Text

(a) An individual is entitled to a credit
against local property taxes imposed on the individual's real property,
or mobile home or manufactured home within the county, if:
(1) the individual is at least sixty-five (65) years of age on or
before December 31 of the calendar year preceding the year in
which the credit is claimed;
(2) the individual has owned the real property, mobile home, or
manufactured home for at least one (1) year before claiming the
credit; or the individual has been buying the real property, mobile
home, or manufactured home under a contract that provides that
the individual is to pay the property taxes on the real property,
mobile home, or manufactured home for at least one (1) year
before claiming the credit, and the contract or a memorandum of
the contract is recorded in the county recorder's office;
(3) the individual:
(A) owns the real property, mobile home, or manufactured
home; or
(B) is buying the real property, mobile home, or manufactured
home under contract;
on the date the credit is claimed; and
(4) the:
(A) individual had, in the case of an individual who filed a
single return, adjusted gross income (as defined in Section 62
of the Internal Revenue Code) not exceeding sixty thousand
dollars ($60,000);
(B) individual had, in the case of an individual who filed a joint
income tax return with the individual's spouse, combined
adjusted gross income (as defined in Section 62 of the Internal
Revenue Code) not exceeding seventy thousand dollars
($70,000); or
(C) combined adjusted gross income (as defined in Section 62
of the Internal Revenue Code) of the individual and all other
individuals with whom:
(i) the individual shares ownership; or
(ii) the individual is purchasing the property under a contract;
as joint tenants or tenants in common did not exceed seventy
thousand dollars ($70,000);
for the calendar year preceding by two (2) years the calendar year
in which the property taxes are first due and payable.
(b) The amount of the credit is equal to one hundred fifty dollars
($150).
(c) An individual may not be denied the credit provided under this
section because the individual is absent from the real property, mobile
home, or manufactured home while in a nursing home or hospital.
(d) For purposes of this section, if real property, a mobile home, or
a manufactured home is owned by:
(1) tenants by the entirety;
(2) joint tenants; or
(3) tenants in common;
only one (1) credit may be allowed. However, the age requirement is
satisfied if any one (1) of the tenants is at least sixty-five (65) years of
age.
(e) A surviving spouse is entitled to the credit provided by this
section if:
(1) the surviving spouse is at least sixty (60) years of age on or
before December 31 of the calendar year preceding the year in
which the credit is claimed;
(2) the surviving spouse's deceased husband or wife was at least
sixty-five (65) years of age at the time of a death; and
(3) the surviving spouse has not remarried.
(f) An individual who has sold real property to another person under
a contract that provides that the contract buyer is to pay the property
taxes on the real property may not claim the credit provided under this
section against that real property.
(g) If individuals share ownership or are purchasing the property
under a contract as joint tenants or tenants in common and all of the
tenants are not at least sixty-five (65) years of age, the credit allowed
under this section shall be reduced by an amount equal to the credit
multiplied by a fraction. The numerator of the fraction is the number of
tenants who are not at least sixty-five (65) years of age, and the
denominator is the total number of tenants.
(h) An individual wishing to claim a credit under this section must
file a statement, on forms prescribed by the department of local
government finance, with the county auditor and provide
documentation necessary to substantiate the individual's eligibility for
the credit. The statement must be completed and dated on or before
January 15 of the calendar year in which the property taxes are first due
and payable. The statement may be filed in person or by mail. If
mailed, the mailing must be postmarked on or before the last day for
filing. An individual who remains eligible for the credit in the
following year is not required to file a statement to apply for the credit
in the following year. However, an individual who receives a credit
under this section in a particular year and who becomes ineligible for
the credit in the following year shall notify the auditor of the county in
which the homestead is located of the individual's ineligibility not later
than sixty (60) days after the individual becomes ineligible.

Legislative History

As added by P.L.68-2025, SEC.84.