Sec. 5. (a) If the delinquent taxes, penalties, and collection expenses are not paid before the time set for the sale, the county treasurer shall sell sufficient personal property of the taxpayer to pay the delinquent taxes, penalties, and collection expenses. The county treasurer shall, at the time and place designated in the notice, sell the personal property at public auction to the highest bidder. The county treasurer shall keep a record of all sales in the form prescribed by the state board of accounts. The proceeds of the sale shall be paid into the county treasury and applied as follows:
(1) First, to the collection expenses.
(2) Second, to the payment of the delinquent taxes and penalties.
(3) Third, to the payment of other tax delinquencies of the taxpayer in the order provided in subsection (b).
(4) Fourth, any balance remaining shall be paid to the delinquent taxpayer.
(b) Any surplus funds to be applied to the other delinquent taxes of a taxpayer under subsection (a)(3) or under IC 6-1.1-24-7(a)(2) shall be applied as follows:
(1) First, to the payment of delinquent personal property taxes owed in the county by the taxpayer.
(2) Second, to the payment of delinquent real property taxes owed in the county by the taxpayer.
(3) Third, to the payment of delinquent personal property taxes owed by the taxpayer and certified from another county.
[Pre-1975 Property Tax Recodification Citations: 6-1-51-4; 6-1-53-6.]
Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.86-2018, SEC.56.
Structure Indiana Code
Chapter 23. Provisions for Collection of Delinquent Personal Property Taxes
6-1.1-23-0.1. Choice of Procedures for Mobile Homes Assessed as Personal Property
6-1.1-23-1. Written Demand; Service; Content
6-1.1-23-1.2. Documents to Be Signed; Official Documents
6-1.1-23-1.5. Contracts; Collection Fees
6-1.1-23-2. Levy and Sale of Property for Delinquent Taxes
6-1.1-23-3. Levy Procedure; Taxpayer's Bond
6-1.1-23-5. Auction of Property; Record; Proceeds of Sale
6-1.1-23-6. Scope of Levy and Sale Provisions; Exemption of Household Goods
6-1.1-23-7. Collection Expenses; Payment; Fees; Disposition
6-1.1-23-8. Delinquent Taxpayer About to Remove Property From County; Levy and Sale Procedure
6-1.1-23-9. Record of Delinquencies
6-1.1-23-10. Notice of Judgment and Execution; Restraining Orders; Remedies; Attorney's Fees
6-1.1-23-11. Certificate of Judgment to Treasurers of Other Counties; Indexing; Execution; Audits