Sec. 41. (a) For purposes of this section, "low income rental property" means real property used to provide low income housing eligible for federal income tax credits awarded under Section 42 of the Internal Revenue Code, including during the time period during which the property is subject to an extended low income housing commitment under Section 42(h)(6)(B) of the Internal Revenue Code.
(b) For assessment dates after February 28, 2006, the true tax value of low income rental property is the greater of the true tax value:
(1) determined using the income capitalization approach; or
(2) that results in a gross annual tax liability equal to five percent (5%) of the total gross rent received from the rental of all units in the property for the most recent taxpayer fiscal year that ends before the assessment date.
(c) For assessment dates after December 31, 2017, the total true tax value of low income rental property that offers or is used to provide Medicaid assisted living services is equal to the total true tax value that results in a gross annual tax liability equal to five percent (5%) of the total gross rent received from the rental of all living units in the property for the most recent taxpayer fiscal year that ends before the assessment date. The total true tax value shall not include the gross receipts from, or value of, any assisted living services provided.
(d) The department of local government finance may adopt rules under IC 4-22-2 to implement this section.
As added by P.L.199-2005, SEC.4. Amended by P.L.1-2006, SEC.132; P.L.255-2017, SEC.7.
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