Sec. 2.5. (a) This section applies to a notice filed by a taxpayer under section 1.1 of this chapter with respect to the assessment of the taxpayer's tangible property.
(b) Instead of a hearing before the county board, a taxpayer and a township or county official or, if the claim concerns a matter that is in the discretion of the county auditor, the county auditor may enter into an agreement in which both parties:
(1) agree to waive a determination by the county board and submit the dispute directly to the Indiana board; or
(2) stipulate to the assessed value of the tangible property in dispute as determined by an independent appraisal under terms and conditions in subsection (e).
A taxpayer and a township or county official may still enter into an agreement under section 1.2(b) of this chapter and not be subject to the requirements of this section.
(c) An agreement under this section may not be entered into more than one hundred twenty (120) days after the date of the notice under subsection (a).
(d) The township or county official or county auditor, whichever applies, shall immediately forward an agreement entered into under this section to the county board.
(e) An agreement entered into by a taxpayer and a township or county official under subsection (b)(2) must include the following provisions:
(1) The county board shall select three (3) Indiana registered appraisers as potential appraisers to conduct an independent appraisal under the agreement.
(2) Not later than fifteen (15) days after the county board's selection of potential appraisers, the:
(A) taxpayer; and
(B) township or county official;
may each strike one (1) appraiser from the list of potential appraisers by providing written notice to the county board of the name of the appraiser to strike from the list.
(3) Not later than sixty (60) days after the date of the agreement, an appraisal shall be conducted by the Indiana registered appraiser who is:
(A) not struck from the list of potential appraisers, if two (2) potential appraisers are struck from the list under subdivision (2); or
(B) selected by the county board from the list of potential appraisers, if fewer than two (2) potential appraisers are struck from the list under subdivision (2).
(4) The appraisal conducted under subdivision (3) shall be:
(A) prepared in accordance with usual and customary professional standards for an Indiana registered appraiser;
(B) notarized; and
(C) filed with the county board not later than three (3) days after its completion.
(5) The taxpayer and the township or county official stipulate for purposes of review by the county board that the correct assessed value of the tangible property in dispute is the appraised value of the tangible property as determined by the appraisal conducted under subdivision (3).
(6) The taxpayer and the township or county official retain the right to initiate a proceeding for review of a stipulated determination entered by the county board under subsection (g) before the Indiana board under section 3 of this chapter.
(7) Any other provision the department of local government finance considers appropriate.
(f) The department of local government finance shall prescribe a standard form agreement that must be used for purposes of this section. The department shall require the form agreement to be notarized.
(g) Upon receipt of an independent appraisal conducted under this section, the county board shall enter a stipulated determination of assessed value:
(1) based on the agreement of the parties under subsection (b)(2); and
(2) equal to the appraised value of the property as determined by the independent appraisal.
(h) A taxpayer or a township or county official may initiate a proceeding for review of a stipulated determination entered by a county board under this section before the Indiana board as required by section 3 of this chapter.
As added by P.L.248-2015, SEC.2. Amended by P.L.149-2016, SEC.22; P.L.232-2017, SEC.12; P.L.121-2019, SEC.4.
Structure Indiana Code
Chapter 15. Procedures for Review and Appeal of Assessment and Correction of Errors
6-1.1-15-0.3. Transfer of Certain Petitions for Review to Indiana Board of Tax Review; Governing Law
6-1.1-15-1.1. Taxpayer's Appeal of an Assessment; Exceptions; Prohibited Claims; Deadlines
6-1.1-15-4. Indiana Board Appeal Procedures; Determination
6-1.1-15-5. Rehearing; Judicial Review; Procedure
6-1.1-15-6. Record for Judicial Review
6-1.1-15-9. Appeal of Determination After Further Proceedings
6-1.1-15-10. Pending Review; Effect on Tax Payment; Posting of Bond; Separate Assessed Value Record
6-1.1-15-10.7. Reimbursement of County Assessor for Defending Certain Appeals; Adoption of Ordinance
6-1.1-15-12.5. Correction of Error on Township Assessor's Initiative
6-1.1-15-15. Class Action Suits
6-1.1-15-16. Evidence to Be Considered by County Board and Indiana Board of Tax Review
6-1.1-15-17.4. Certain Rule Void to Extent It Establishes Shelter Allowance for Residence