Sec. 39. (a) For assessment dates after February 28, 2005, except as provided in subsections (c) and (e), the true tax value of real property regularly used to rent or otherwise furnish residential accommodations for periods of thirty (30) days or more and that has more than four (4) rental units is the lowest valuation determined by applying each of the following appraisal approaches:
(1) Cost approach that includes an estimated reproduction or replacement cost of buildings and land improvements as of the date of valuation together with estimates of the losses in value that have taken place due to wear and tear, design and plan, or neighborhood influences.
(2) Sales comparison approach, using data for generally comparable property.
(3) Income capitalization approach, using an applicable capitalization method and appropriate capitalization rates that are developed and used in computations that lead to an indication of value commensurate with the risks for the subject property use.
(b) The gross rent multiplier method is the preferred method of valuing:
(1) real property that has at least one (1) and not more than four (4) rental units; and
(2) mobile homes assessed under IC 6-1.1-7.
(c) A township assessor (if any) or the county assessor is not required to appraise real property referred to in subsection (a) using the three (3) appraisal approaches listed in subsection (a) if the assessor and the taxpayer agree before notice of the assessment is given to the taxpayer under section 22 of this chapter to the determination of the true tax value of the property by the assessor using one (1) of those appraisal approaches.
(d) To carry out this section, the department of local government finance may adopt rules for assessors to use in gathering and processing information for the application of the income capitalization method and the gross rent multiplier method. If a taxpayer wishes to have the income capitalization method or the gross rent multiplier method used in the initial formulation of the assessment of the taxpayer's property, the taxpayer must submit the necessary information to the assessor not later than the assessment date. However, the taxpayer is not prejudiced in any way and is not restricted in pursuing an appeal, if the data is not submitted by the assessment date. A taxpayer must verify under penalties for perjury any information provided to the township or county assessor for use in the application of either method. All information related to earnings, income, profits, losses, or expenditures that is provided to the assessor under this section is confidential under IC 6-1.1-35-9 to the same extent as information related to earnings, income, profits, losses, or expenditures of personal property is confidential under IC 6-1.1-35-9.
(e) The true tax value of low income rental property (as defined in section 41 of this chapter) is not determined under subsection (a). The assessment method prescribed in section 41 of this chapter is the exclusive method for assessment of that property. This subsection does not impede any rights to appeal an assessment.
As added by P.L.1-2004, SEC.8 and P.L.23-2004, SEC.9. Amended by P.L.199-2005, SEC.3; P.L.146-2008, SEC.85; P.L.146-2012, SEC.2; P.L.111-2014, SEC.15.
Structure Indiana Code
Chapter 4. Procedures for Real Property Assessment
6-1.1-4-1. Place of Assessment; Person Liable
6-1.1-4-2. Assessment of Property Held by Fiduciary
6-1.1-4-3. Heirs or Devisees; Assessment
6-1.1-4-4.2. County Reassessment Plan; Approval by Department of Local Government Finance
6-1.1-4-4.7. Training of Assessors and County Auditors in Sales Disclosure Form Verification
6-1.1-4-4.8. Reassessment of Covered Projects
6-1.1-4-5.5. Petition for Reassessment Under County Reassessment Plan
6-1.1-4-10. Notice of Reassessments; Publication
6-1.1-4-11. Destroyed Property; Order of Reassessment by County Assessor
6-1.1-4-12. Circumstances Under Which Undeveloped Land May Be Reassessed
6-1.1-4-12.4. "Oil or Gas Interest"; Assessment
6-1.1-4-12.6. Assessed Value of Oil or Gas Interests; Schedule; Penalty
6-1.1-4-13. Agricultural Land; Assessment; Soil Productivity Factors
6-1.1-4-13.6. Determination and Review of Land Values
6-1.1-4-14. Adjacent Property Holders; Assessment or Exemption of Various Rights-of-Way
6-1.1-4-15. Appraisal; Examination of Buildings
6-1.1-4-16. Assessors' Assistants; Appropriation
6-1.1-4-17. Employment of Professional Appraisers as Technical Advisors
6-1.1-4-18.5. Professional Appraisal; Contract for Services; Bids Required
6-1.1-4-19.5. Professional Appraising Services; Standard Contract or Contract Provisions
6-1.1-4-20. Professional Appraisal; Contract Deadline
6-1.1-4-21.4. Appraisal Completion Date and Reporting Requirements Under County Reassessment Plan
6-1.1-4-22. Amounts of Assessment or Reassessment; Notice
6-1.1-4-24. Notice to County Auditor of Assessed Value
6-1.1-4-25. Record Keeping; Electronic Data Files
6-1.1-4-26. Adoption or Promulgation of Documents by the Department of Local Government Finance
6-1.1-4-27.5. Property Reassessment Fund; Tax Levies; Petition to Increase Levy; Appeal
6-1.1-4-28.5. Property Reassessment Funds; Use of Money; Soil Maps
6-1.1-4-29. Expenses of Reassessment
6-1.1-4-30. Interim Assessments or Reassessments; Rules and Regulations
6-1.1-4-39. Assessment of Rental Property and Mobile Homes; Low Income Rental Housing Exclusion
6-1.1-4-39.5. Assessment of Qualified Real Property
6-1.1-4-41. Assessment of Low Income Rental Housing
6-1.1-4-45. Assessment of Land on Which an Outdoor Sign Is Located