Note: This version of section effective until 1-1-2023. See also following version of this section, effective 1-1-2023.
Sec. 45. (a) Subject to subsections (b) and (c), a deduction under this chapter applies for an assessment date and for the property taxes due and payable based on the assessment for that assessment date, regardless of whether with respect to the real property or mobile home or manufactured home not assessed as real property:
(1) the title is conveyed one (1) or more times; or
(2) one (1) or more contracts to purchase are entered into;
after that assessment date and on or before the next succeeding assessment date.
(b) Subsection (a) applies regardless of whether:
(1) one (1) or more grantees of title under subsection (a)(1); or
(2) one (1) or more contract purchasers under subsection (a)(2);
file a statement under this chapter to claim the deduction.
(c) A deduction applies under subsection (a) for only one (1) year. The requirements of this chapter for filing a statement to apply for a deduction under this chapter apply to subsequent years. A person who fails to apply for a deduction or credit under this article by the deadlines prescribed by this article may not apply for the deduction or credit retroactively.
(d) If:
(1) a taxpayer wishes to claim a deduction under this chapter for a desired calendar year in which property taxes are first due and payable;
(2) the taxpayer files a statement under this chapter on or before January 5 of the calendar year in which the property taxes are first due and payable; and
(3) the eligibility criteria for the deduction are met;
the deduction applies for the desired calendar year in which the property taxes are first due and payable.
(e) If a person who is receiving a deduction under section 1 of this chapter subsequently refinances the property, desires to continue claiming the deduction, and remains eligible for the deduction, the person must reapply for the deduction for the following assessment date.
(f) A person who is required to record a contract with a county recorder in order to qualify for a deduction under this article must record the contract, or a memorandum of the contract, before, or concurrently with, the filing of the corresponding deduction application.
(g) Before a county auditor terminates a deduction under this article, the county auditor shall give to the person claiming the deduction written notice that states the county auditor's intention to terminate the deduction and the county auditor's reason for terminating the deduction. The county auditor may send the notice to the taxpayer claiming the deduction by first class mail or by electronic mail. A notice issued under this subsection is not appealable under IC 6-1.1-15. However, after a deduction is terminated by a county auditor, the taxpayer may appeal the county auditor's action under IC 6-1.1-15.
As added by P.L.144-2008, SEC.38. Amended by P.L.183-2014, SEC.16; P.L.255-2017, SEC.14; P.L.214-2019, SEC.18; P.L.257-2019, SEC.29.
Structure Indiana Code
Chapter 12. Assessed Value Deductions and Deduction Procedures
6-1.1-12-0.5. Basis for Taxation After Deduction
6-1.1-12-0.7. Mortgage Deduction; Filing; Appointees to Act for Elderly, Blind, or Disabled Persons
6-1.1-12-4. Procedure for Claim by Member of Armed Forces
6-1.1-12-6. Mortgage or Contract Deductions; Transmission of Application to Second County
6-1.1-12-7. Mortgage or Contract Deductions; Granting
6-1.1-12-10.1. Persons Over 65 or Surviving Spouse; Filing Claim
6-1.1-12-11. Deduction for Blind or Disabled Person; Limitations; Contract Purchaser
6-1.1-12-12. Blind Persons; Filing Claim; Proof of Blindness; Contents of Application
6-1.1-12-15. Claim by Veteran; Guardianship; Contract Purchaser
6-1.1-12-16. Deduction for Surviving Spouse of Veteran; Limitations; Contract Purchaser
6-1.1-12-17. Claim by Surviving Spouse of Veteran
6-1.1-12-17.9. Trust Eligibility for Certain Deductions; Requirements
6-1.1-12-18. Deduction for Rehabilitated Residential Real Property; Limitations; Expiration
6-1.1-12-19. Rehabilitated Residential Property; Duration of Deduction; Expiration
6-1.1-12-20. Claim for Deduction for Rehabilitated Residential Real Property; Expiration
6-1.1-12-21. Rehabilitated Real Property; Reassessment; Notice of Deductions Required
6-1.1-12-22. Deduction for Rehabilitated Property; Limitations; Expiration
6-1.1-12-23. Rehabilitated Property; Duration of Deduction; Expiration
6-1.1-12-24. Claim for Deduction for Rehabilitated Property; Expiration
6-1.1-12-25.5. Rehabilitated Property; Deductions; Denial; Appeal
6-1.1-12-26. Solar Energy Heating or Cooling System
6-1.1-12-26.1. Solar Power Devices
6-1.1-12-26.2. Property Tax Deduction for Heritage Barns
6-1.1-12-27.1. Claim for Deduction for Solar Energy Heating or Cooling System; Solar Power Device
6-1.1-12-28.5. Resource Recovery System; Prerequisites for Deduction; Definitions
6-1.1-12-29. Wind Power Device; Definition
6-1.1-12-30. Claim for Deduction for Wind Power Device
6-1.1-12-33. Deduction for Hydroelectric Power Device; Limitations
6-1.1-12-34. Deduction for Geothermal Energy Heating or Cooling Device; Limitations
6-1.1-12-36. Deductions; Eligibility for Following Year
6-1.1-12-37.5. Supplemental Deduction for Homesteads
6-1.1-12-40. Deductions for Real Property Located in Enterprise Zones
6-1.1-12-40.5. Limits on Deductions for Mobile or Manufactured Homes
6-1.1-12-42. Statewide Property Tax Deduction for Inventory
6-1.1-12-44. Sales Disclosure Form Serves as Application for Certain Deductions; Limitations
6-1.1-12-46. Eligibility of Transferred Property for Certain Deductions
6-1.1-12-46-b. Eligibility of Transferred Property for Certain Deductions