Indiana Code — Title 6 (Taxation)
IC 6-1.1-27-5
Prosecuting attorney; duties
Sec. 5. (a) The state comptroller shall notify the prosecuting attorney of the appropriate judicial circuit if:
# (1)
the money due the state as shown by a certificate of settlement is not paid to the state treasurer by the time required under section 3 of this chapter; and
# (2)
the nonpayment is caused by the failure of:
# (A)
the county auditor to prepare and deliver a certificate of settlement to the county treasurer;
# (B)
the county treasurer to make payment; or
# (C)
the county auditor to issue a warrant for the amount due the state.
(b) When a prosecuting attorney receives the notice required by this section, the prosecuting attorney shall initiate a suit in the name of the state against the defaulting county auditor or treasurer. The defaulting party is liable in an amount equal to one hundred fifteen percent (115%) of the amount due the state.
[Pre-1975 Property Tax Recodification Citation: 6-1-59-3 part.]
Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.86-2018, SEC.58; P.L.9-2024,
SEC.175; P.L.148-2024, SEC.4.
Amendment history
Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.86-2018, SEC.58; P.L.9-2024, SEC.175; P.L.148-2024, SEC.4.
Source: view the official text
Nearby sections (25 sections)
- 6-1.1-26-3 · Repealed
- 6-1.1-26-3.1 · Credit for overpayment
- 6-1.1-26-4 · Repealed
- 6-1.1-26-4.1 · Expired
- 6-1.1-26-4.2 · Refund in excess of $500,000 as a result of a property…
- 6-1.1-26-5 · Repealed
- 6-1.1-26-6 · Surplus tax fund; application of fund; schedule of excess
- 6-1.1-26-7 · Court order concerning overpayment of taxes or relief from
- 6-1.1-27-1 · Audit of monthly report; certificate of settlement;…
- 6-1.1-27-2 · Settlement of county treasurer with county auditor
- 6-1.1-27-3 · Copies of certificate of settlement and statement of
- 6-1.1-27-4 · Liability of treasurer for failure to settle
- 6-1.1-27-5 · Prosecuting attorney; duties
- 6-1.1-27-6 · Overpayments or erroneous payments by county treasurer
- 6-1.1-27-7 · Evidence in suit against county treasurer
- 6-1.1-27-8 · Failure of lessee or assignee to pay taxes on real or…
- 6-1.1-27-9 · Expired
- 6-1.1-28-0.1 · Multiple county property tax assessment board of appeals;
- 6-1.1-28-0.2 · Multiple county property tax assessment board of appeals;
- 6-1.1-28-0.3 · Multiple county property tax assessment board of appeals;
- 6-1.1-28-0.4 · Multiple county property tax assessment board of appeals;
- 6-1.1-28-0.5 · Multiple county property tax assessment board of appeals;
- 6-1.1-28-0.6 · Multiple county property tax assessment board of appeals;
- 6-1.1-28-0.7 · Multiple county property tax assessment board of appeals;
- 6-1.1-28-0.8 · Multiple county property tax assessment board of appeals;