Indiana Code — Title 6 (Taxation)
IC 6-1.1-12-45
Automatic one year carryover of deductions; limitations;
specification of year for which deduction claim applies
Sec. 45. (a) Subject to subsections (b) and (c), a deduction under this chapter applies for an assessment date and for the property taxes due and payable based on the assessment for that assessment date, regardless of whether with respect to the real property or mobile home or manufactured home not assessed as real property:
# (1)
the title is conveyed one (1) or more times; or
# (2)
one (1) or more contracts to purchase are entered into;
after that assessment date and on or before the next succeeding assessment date.
(b) Subsection (a) applies regardless of whether:
(1) one (1) or more grantees of title under subsection (a)(1); or
(2) one (1) or more contract purchasers under subsection (a)(2);
file a statement under this chapter to claim the deduction.
(c) A deduction applies under subsection (a) for only one (1) year. The requirements of this chapter for filing a statement to apply for a deduction under this chapter apply to subsequent years. A person who fails to apply for a deduction or credit under this article by the deadlines prescribed by this article may not apply for the deduction or credit retroactively.
(d) If:
(1) a taxpayer wishes to claim a deduction under this chapter for a desired calendar year in which property taxes are first due and payable;
(2) the taxpayer files a statement under this chapter on or before January 15 of the calendar year in which the property taxes are first due and payable; and
# (3)
the eligibility criteria for the deduction are met;
the deduction applies for the desired calendar year in which the property taxes are first due and payable.
(e) A person who is required to record a contract with a county recorder in order to qualify for a deduction under this article must record the contract, or a memorandum of the contract, before, or concurrently with, the filing of the corresponding deduction application.
(f) Before a county auditor terminates a deduction under this article, the county auditor shall give to the person claiming the deduction written notice that states the county auditor's intention to terminate the deduction and the county auditor's reason for terminating the deduction. The county auditor may send the notice to the taxpayer claiming the deduction by first class mail or by electronic mail. A notice issued under this subsection is not appealable under IC 6-1.1-15. However, after a deduction is terminated by a county auditor, the taxpayer may appeal the county auditor's action under IC 6-1.1-15.
As added by P.L.144-2008, SEC.38. Amended by P.L.183-2014, SEC.16; P.L.255-2017,
SEC.14; P.L.214-2019, SEC.18; P.L.257-2019, SEC.29; P.L.174-2022, SEC.24;
P.L.136-2024, SEC.17.
Amendment history
As added by P.L.144-2008, SEC.38. Amended by P.L.183-2014, SEC.16; P.L.255-2017, SEC.14; P.L.214-2019, SEC.18; P.L.257-2019, SEC.29; P.L.174-2022, SEC.24; P.L.136-2024, SEC.17.
Source: view the official text
Nearby sections (25 sections)
- 6-1.1-12-35.5 · Claims for deductions related to hydroelectric and…
- 6-1.1-12-36 · Deductions; eligibility for following year
- 6-1.1-12-37 · Standard deduction for homesteads; amount; statement to
- 6-1.1-12-37.5 · Supplemental deduction for homesteads
- 6-1.1-12-38 · Deduction for improvements to comply with fertilizer…
- 6-1.1-12-39 · Person not qualified for exemption purchasing exempt
- 6-1.1-12-40 · Deductions for real property located in enterprise zones
- 6-1.1-12-40.5 · Limits on deductions for mobile or manufactured homes
- 6-1.1-12-41 · Repealed
- 6-1.1-12-42 · Statewide property tax deduction for inventory
- 6-1.1-12-43 · Residential mortgage transactions; closing agent's duty to
- 6-1.1-12-44 · Sales disclosure form serves as application for certain
- 6-1.1-12-45 · Automatic one year carryover of deductions; limitations;
- 6-1.1-12-46 · Eligibility of transferred property for certain deductions
- 6-1.1-12-47 · Deduction for property subject to the 2% property tax cap
- 6-1.1-12.1-0.3 · Legalization of designation of economic revitalization…
- 6-1.1-12.1-1 · Definitions
- 6-1.1-12.1-2 · Findings by designating body; economic revitalization…
- 6-1.1-12.1-2.3 · Repealed
- 6-1.1-12.1-2.5 · Economic revitalization area; maps; boundaries;…
- 6-1.1-12.1-2.6 · Formal tax abatement or incentive request for a…
- 6-1.1-12.1-3 · Statement of benefits; form; findings; period of…
- 6-1.1-12.1-4 · Annual deduction; amount; percentage; period of…
- 6-1.1-12.1-4.1 · Application of sections; residentially distressed…
- 6-1.1-12.1-4.5 · Statement of benefits; findings by designating body;…