Sec. 8. (a) If a final determination by the Indiana board is not affirmed under the decision of the tax court, the matter shall be remanded to the Indiana board with instructions to the Indiana board. The Indiana board may, under the tax court's instructions, conduct further proceedings or refer the matter to the:
(1) department of local government finance with respect to an appeal of a determination made by the department; or
(2) county board with respect to an appeal of a determination made by the county board;
to take action that is consistent with the court's opinion. Upon remand, the Indiana board may take action only on those issues specified in the decision of the tax court.
(b) The department of local government finance or the county board shall take action on a case referred to it by the Indiana board under subsection (a) not later than ninety (90) days after the date the referral is made. The department of local government finance or the county board may petition the Indiana board at any time for an extension of the ninety (90) day period. An extension shall be granted upon a showing of reasonable cause.
(c) The taxpayer in a case remanded under subsection (a) may petition the tax court for an order requiring the department of local government finance or the county board to show cause why action has not been taken pursuant to the Indiana board's referral under subsection (a) if:
(1) at least ninety (90) days have elapsed since the referral was made;
(2) the department of local government finance or the county board has not taken action on the issues specified in the tax court's decision; and
(3) an appeal of the tax court's decision has not been filed.
(d) If a case remanded under subsection (a) is appealed under section 5 of this chapter, the ninety (90) day period provided in subsection (b) is tolled until the appeal is concluded.
[Pre-1975 Property Tax Recodification Citation: 6-1-31-4 part.]
Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.86-1995, SEC.2; P.L.198-2001, SEC.47; P.L.178-2002, SEC.20; P.L.219-2007, SEC.42; P.L.232-2017, SEC.13; P.L.121-2019, SEC.9.
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