reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.3. Distressed Political Subdivisions › 6-1.1-20.3-15. Requests for Technical Assistance From the Board

Sec. 15. (a) The executive of a political subdivision or a majority of the members of the fiscal body of a political subdivision may request technical assistance from the board in helping prevent the political subdivision from becoming a distressed political subdivision. The board, by using the fiscal and qualitative indicators developed under IC 20-19-7 or the fiscal health indicators developed under IC 5-14-3.8-8, shall determine whether to provide assistance to the political subdivision.
(b) The board may do any of the following for a political subdivision that receives assistance under subsection (a):
(1) Provide information and technical assistance with respect to the data management, accounting, or other aspects of the fiscal management of the political subdivision.
(2) Assist the political subdivision in obtaining assistance from state agencies and other resources.
As added by P.L.84-2014, SEC.8. Amended by P.L.255-2017, SEC.16; P.L.213-2018(ss), SEC.13; P.L.184-2023, SEC.9; P.L.236-2023, SEC.38.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.3. Distressed Political Subdivisions › 6-1.1-20.3-16. Distressed School Corporations; Governing Body; Employee Reductions

Sec. 16. (a) This section applies to a school corporation during the time the school corporation is a distressed political subdivision.
(b) The governing body of the distressed political subdivision may not meet more often than once every six (6) months. This limit on the number of meetings of the governing body does not apply to the emergency manager.
(c) A per diem may not be paid to a member of the governing body of the distressed political subdivision.
(d) The emergency manager is the school employer for purposes of IC 20-29.
(e) In addition to any reduction in force under IC 20-28, the emergency manager may cancel any employee's contract or terminate an employee's employment as part of a reduction in force as provided in this subsection. Notification for a reduction in force of certificated employees under this subsection may be delivered after September 30 and before November 1 of the contract year. Notification for a reduction in force of noncertificated employees under this subsection may be delivered at any time. The maximum reduction in force of certificated employees under this subsection may not exceed five percent (5%) of the full-time equivalency for all employees for the school corporation as of September 1. The emergency manager shall provide any certificated employee whose contract is being canceled under this subsection with notice at least ninety (90) days before the effective date of the cancellation of the contract.
As added by P.L.213-2018(ss), SEC.14.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.3. Distressed Political Subdivisions › 6-1.1-20.3-17. Loans or Advances From the Common School Fund; Extension of Term; Establishment of a School Improvement Fund; Expenditures; Levy

Sec. 17. (a) If the distressed unit appeal board delays or suspends, for a period determined by the board, any payments on loans or advances from the common school fund under section 6.8 of this chapter, the distressed unit appeal board may recommend to the state board of finance that the term of the loans or advances be extended. If the distressed unit appeal board makes a recommendation to extend the term of the loan or advances, the state board of finance may extend the term of the loans or advances for a period of time that is equal to or less than the number of months for which the payments are delayed or suspended.
(b) If payments on loans or advances from the common school fund are suspended under section 6.8 of this chapter, the distressed unit appeal board shall require that the school corporation:
(1) establish a school improvement fund; and
(2) transfer to the school improvement fund an amount equal to the payments that are delayed or suspended for calendar year 2020.
(c) A school improvement fund established under subsection (b)(1) may be used only for the following purposes:
(1) Repair, renovation, or other improvements to school buildings and property being used for education purposes as of July 1, 2020.
(2) Demolition of school buildings or other structures on school property in existence as of July 1, 2020.
(d) All expenditures from a school improvement fund established under subsection (b)(1) must be approved by the distressed unit appeal board.
(e) A school corporation may, on an annual basis, levy a tax in the debt service fund equal to the amount that would have been deducted from the distribution of state tuition support for the payment of loans made under section 6.8 of this chapter during calendar year 2020 if the loans had not been suspended. The amount received from a tax under this subsection must be transferred from the debt service fund to the education fund.
(f) With the approval of the distressed unit appeal board, a school corporation may spend other funds of the school corporation for the purposes described in subsection (c) and reimburse the expenditures from a school improvement fund established under subsection (b)(1).
(g) This section expires January 1, 2025.
As added by P.L.257-2019, SEC.55. Amended by P.L.154-2020, SEC.7; P.L.165-2021, SEC.68.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.4. Local Homestead Credits › 6-1.1-20.4-1. "Homestead"

Sec. 1. As used in this chapter, "homestead" has the meaning set forth in IC 6-1.1-12-37.
As added by P.L.246-2005, SEC.61. Amended by P.L.1-2009, SEC.44.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.4. Local Homestead Credits › 6-1.1-20.4-2. "Property Tax Liability"

Sec. 2. As used in this chapter, "property tax liability" means liability for the tax imposed on property under this article determined after application of all credits and deductions under this article, except the credit under this chapter, but does not include any interest or penalty imposed under this article.
As added by P.L.246-2005, SEC.61.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.4. Local Homestead Credits › 6-1.1-20.4-4. Requirement for Credit; Adoption of Ordinance or Resolution

Sec. 4. (a) A political subdivision may adopt an ordinance or resolution each year to provide for the use of revenue for the purpose of providing a homestead credit the following year to homesteads. An ordinance must be adopted under this section before December 31 for credits to be provided in the following year. The ordinance applies only to the immediately following year.
(b) A homestead credit under this chapter is to be applied to the net property tax liability due on the homestead.
As added by P.L.246-2005, SEC.61. Amended by P.L.146-2008, SEC.212.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.4. Local Homestead Credits › 6-1.1-20.4-5. Calculation of Credit

Sec. 5. An ordinance or resolution adopted under this chapter must provide for a homestead credit that is either a uniform:
(1) percentage of the net property taxes due on the homestead after the application of all other deductions and credits; or
(2) dollar amount applicable to each homestead.
The ordinance or resolution must specify the percentage or the dollar amount.
As added by P.L.246-2005, SEC.61.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.4. Local Homestead Credits › 6-1.1-20.4-6. Credit Applicable Only to Homestead

Sec. 6. If the credit under this chapter is authorized for property taxes first due and payable in a calendar year, a person is entitled to a credit against the person's property tax liability for property taxes first due and payable in that calendar year attributable to the person's homestead located in the county.
As added by P.L.246-2005, SEC.61.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.4. Local Homestead Credits › 6-1.1-20.4-7. Exemption From Filing Requirement

Sec. 7. A person is not required to file an application for the credit under this chapter. The county auditor shall:
(1) identify qualified homesteads in the political subdivision that are eligible for the credit under this chapter; and
(2) apply the credit under this chapter to property tax liability on the identified homestead.
As added by P.L.246-2005, SEC.61.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.4. Local Homestead Credits › 6-1.1-20.4-8. Adjustment of Distributions to Reflect Credit

Sec. 8. If an ordinance or resolution is adopted under this chapter, the county auditor shall, for the calendar year in which a homestead credit is authorized under this chapter, account for the revenue used to provide the homestead credit in a manner so that no other political subdivision in the county suffers a revenue loss because of the allowance of the homestead credit.
As added by P.L.246-2005, SEC.61.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.4. Local Homestead Credits › 6-1.1-20.4-9. Limitations on Recovering Lost Revenue

Sec. 9. The application of the credit under this chapter results in a reduction of the property tax collections of the political subdivision which provided the credit. A political subdivision may not increase its property tax levy to make up for that reduction.
As added by P.L.246-2005, SEC.61.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-0.3. General Assembly Findings

Sec. 0.3. The general assembly finds and determines the following:
(1) Lake County and St. Joseph County are counties for which limits to property tax liability under this chapter (and as described in the proposed subsection (h) of Article 10, Section 1 of the Constitution of the State of Indiana as included in Senate Joint Resolution 1 of the 2008 session of the general assembly) are expected to reduce in 2010 the aggregate property tax revenue that would otherwise be collected by all units of local government and school corporations in the county by at least twenty percent (20%).
(2) Lake County and St. Joseph County are each an eligible county for purposes of:
(A) the proposed subsection (h) of Article 10, Section 1 of the Constitution of the State of Indiana as included in Senate Joint Resolution 1 of the 2008 session of the general assembly; and
(B) this chapter.
As added by P.L.220-2011, SEC.127.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-0.5. "Agricultural Land"

Sec. 0.5. As used in this chapter, "agricultural land" refers to land assessed as agricultural land under the real property assessment rules and guidelines of the department of local government finance.
As added by P.L.146-2008, SEC.213.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-1.2. "Common Areas"

Sec. 1.2. (a) This section applies to credit determinations after 2013.
(b) As used in this chapter, "common areas" means any of the following:
(1) Residential property improvements on real property on which a building that includes two (2) or more dwelling units, a mobile home, or a manufactured home is located, including all roads, swimming pools, tennis courts, basketball courts, playgrounds, carports, garages, other parking areas, gazebos, decks, and patios.
(2) The land and all appurtenances to the land used in connection with a building or structure described in subdivision (1), including land that is outside the footprint of the building, mobile home, manufactured home, or improvement.
As added by P.L.288-2013, SEC.21.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-1.6. "Gross Assessed Value"

Sec. 1.6. As used in this chapter, "gross assessed value" refers to the assessed value of property after the application of all exemptions under IC 6-1.1-10 or any other provision.
As added by P.L.146-2008, SEC.214.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-2. "Homestead"

Sec. 2. (a) As used in this chapter, "homestead" refers to a homestead that has been granted a standard deduction under IC 6-1.1-12-37.
(b) The term includes a house or apartment that is owned or leased by a cooperative housing corporation (as defined in 26 U.S.C. 216(b)).
As added by P.L.246-2005, SEC.62. Amended by P.L.146-2008, SEC.215; P.L.182-2009(ss), SEC.151; P.L.257-2013, SEC.28.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-2.3. "Long Term Care Property"

Sec. 2.3. As used in this chapter, "long term care property" means property that:
(1) is used for the long term care of an impaired individual; and
(2) is one (1) of the following:
(A) A health facility licensed under IC 16-28.
(B) A housing with services establishment (as defined in IC 12-10-15-3) that is allowed to use the term "assisted living" to describe the housing with services establishment's services and operations to the public.
(C) An independent living home that, under contractual agreement, serves not more than eight (8) individuals who:
(i) have a mental illness or developmental disability;
(ii) require regular but limited supervision; and
(iii) reside independently of their families.
As added by P.L.146-2008, SEC.216.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-2.4. "Manufactured Home"; "Mobile Home"

Sec. 2.4. As used in this chapter:
(1) "manufactured home" has the meaning set forth in IC 22-12-1-16; and
(2) "mobile home" has the meaning set forth in IC 16-41-27-4.
As added by P.L.146-2008, SEC.217.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-2.5. "Nonresidential Real Property"

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 2.5. (a) As used in this chapter, "nonresidential real property" refers to either of the following:
(1) Real property that:
(A) is not:
(i) a homestead; or
(ii) residential property; and
(B) consists of:
(i) a building or other land improvement; and
(ii) the land, not exceeding the area of the building footprint or improvement footprint, on which the building or improvement is located.
(2) Undeveloped land in the amount of the remainder of:
(A) the area of a parcel; minus
(B) the area of the parcel that is part of:
(i) a homestead; or
(ii) residential property.
(b) The term does not include agricultural land.
As added by P.L.146-2008, SEC.218.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-2.5-b. "Nonresidential Real Property"

Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024.
Sec. 2.5. As used in this chapter, "nonresidential real property" refers to real property that is not:
(1) a homestead;
(2) residential property;
(3) long term care property; or
(4) agricultural land.
As added by P.L.146-2008, SEC.218. Amended by P.L.182-2023, SEC.3.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-3. "Property Tax Liability"

Sec. 3. As used in this chapter, "property tax liability" means, for purposes of:
(1) this chapter, other than section 8.5 of this chapter, liability for the tax imposed on property under this article determined after application of all credits and deductions under this article or IC 6-3.6, except the credit under this chapter, but does not include any interest or penalty imposed under this article; and
(2) section 8.5 of this chapter, liability for the tax imposed on property under this article determined after application of all credits and deductions under this article or IC 6-3.6, including the credit granted by section 7 or 7.5 of this chapter, but not including the credit granted under section 8.5 of this chapter or any interest or penalty imposed under this article.
As added by P.L.246-2005, SEC.62. Amended by P.L.146-2008, SEC.219; P.L.197-2016, SEC.17.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-4. "Residential Property"

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 4. As used in this chapter, "residential property" refers to real property that consists of any of the following:
(1) A single family dwelling that is not part of a homestead and the land, not exceeding one (1) acre, on which the dwelling is located.
(2) Real property that consists of:
(A) a building that includes two (2) or more dwelling units;
(B) any common areas shared by the dwelling units (including any land that is a common area, as described in section 1.2(b)(2) of this chapter); and
(C) the land on which the building is located.
(3) Land rented or leased for the placement of a manufactured home or mobile home, including any common areas shared by the manufactured homes or mobile homes.
The term includes a single family dwelling that is under construction and the land, not exceeding one (1) acre, on which the dwelling will be located. The term does not include real property that consists of a commercial hotel, motel, inn, tourist camp, or tourist cabin.
As added by P.L.246-2005, SEC.62. Amended by P.L.162-2006, SEC.7; P.L.146-2008, SEC.221; P.L.131-2008, SEC.4; P.L.288-2013, SEC.22; P.L.166-2014, SEC.4.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-4-b. "Residential Property"

Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024.
Sec. 4. As used in this chapter, "residential property" refers to real property that consists of any of the following:
(1) A single family dwelling that is not part of a homestead and the land on which the dwelling is located.
(2) Real property that consists of:
(A) a building that includes two (2) or more dwelling units;
(B) any common areas shared by the dwelling units (including any land that is a common area, as described in section 1.2(b)(2) of this chapter); and
(C) the land on which the building is located.
(3) Land rented or leased for the placement of a manufactured home or mobile home, including any common areas shared by the manufactured homes or mobile homes.
(4) For assessment dates after December 31, 2023, any other land, building, or residential yard structure including a deck, patio, gazebo, or pool that:
(A) is not part of a homestead; and
(B) is predominantly used for a residential purpose.
The term includes a single family dwelling that is under construction and the land on which the dwelling will be located. The term does not include real property that consists of a commercial hotel, motel, inn, tourist camp, or tourist cabin.
As added by P.L.246-2005, SEC.62. Amended by P.L.162-2006, SEC.7; P.L.146-2008, SEC.221; P.L.131-2008, SEC.4; P.L.288-2013, SEC.22; P.L.166-2014, SEC.4; P.L.182-2023, SEC.4.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-6. Repealed

As added by P.L.246-2005, SEC.62. Amended by P.L.162-2006, SEC.8. Repealed by P.L.146-2008, SEC.811.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-6.5. Repealed

As added by P.L.162-2006, SEC.9. Amended by P.L.1-2007, SEC.43; P.L.224-2007, SEC.37. Repealed by P.L.146-2008, SEC.811.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-7. Calculation of Credit

Sec. 7. (a) This subsection applies to property taxes first due and payable in 2009. A person is entitled to a credit against the person's property tax liability for property taxes first due and payable in 2009. The amount of the credit is the amount by which the person's property tax liability attributable to the person's:
(1) homestead exceeds one and five-tenths percent (1.5%);
(2) residential property exceeds two and five-tenths percent (2.5%);
(3) long term care property exceeds two and five-tenths percent (2.5%);
(4) agricultural land exceeds two and five-tenths percent (2.5%);
(5) nonresidential real property exceeds three and five-tenths percent (3.5%); or
(6) personal property exceeds three and five-tenths percent (3.5%);
of the gross assessed value of the property that is the basis for determination of property taxes for that calendar year.
(b) This subsection applies to property taxes first due and payable in 2009. Property taxes imposed after being approved by the voters in a referendum or local public question shall not be considered for purposes of calculating a person's credit under this section.
(c) This subsection applies to property taxes first due and payable in 2009. As used in this subsection, "eligible county" means only a county for which the general assembly determines in 2008 that limits to property tax liability under this chapter are expected to reduce in 2010 the aggregate property tax revenue that would otherwise be collected by all units of local government and school corporations in the county by at least twenty percent (20%). Property taxes imposed in an eligible county to pay debt service or make lease payments for bonds or leases issued or entered into before July 1, 2008, shall not be considered for purposes of calculating a person's credit under this section.
As added by P.L.246-2005, SEC.62. Amended by P.L.162-2006, SEC.10; P.L.224-2007, SEC.38; P.L.146-2008, SEC.222; P.L.1-2010, SEC.30.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-7.5. Calculation of Credit

Sec. 7.5. (a) A person is entitled to a credit against the person's property tax liability for property taxes first due and payable after 2009. The amount of the credit is the amount by which the person's property tax liability attributable to the person's:
(1) homestead exceeds one percent (1%);
(2) residential property exceeds two percent (2%);
(3) long term care property exceeds two percent (2%);
(4) agricultural land exceeds two percent (2%);
(5) nonresidential real property exceeds three percent (3%); or
(6) personal property exceeds three percent (3%);
of the gross assessed value of the property that is the basis for determination of property taxes for that calendar year.
(b) This subsection applies to property taxes first due and payable after 2009. Property taxes imposed after being approved by the voters in a referendum or local public question shall not be considered for purposes of calculating a person's credit under this section.
(c) This subsection applies to property taxes first due and payable after 2009. As used in this subsection, "eligible county" means only a county for which the general assembly determines in 2008 that limits to property tax liability under this chapter are expected to reduce in 2010 the aggregate property tax revenue that would otherwise be collected by all units of local government and school corporations in the county by at least twenty percent (20%). Property taxes imposed in an eligible county:
(1) to pay debt service:
(A) on bonds issued before July 1, 2008; or
(B) on bonds that:
(i) are issued to refund bonds originally issued before July 1, 2008; and
(ii) have a maturity date that is not later than the maturity date of the bonds refunded;
(2) to make lease payments on leases entered into before July 1, 2008, to secure bonds;
(3) to make lease payments on leases:
(A) that are amended to refund bonds secured by leases entered into before July 1, 2008; and
(B) that have a term that is not longer than the term of the leases amended; or
(4) to make lease payments on leases:
(A) that secure bonds:
(i) issued to refund bonds originally issued before July 1, 2008; and
(ii) that have a maturity date that is not later than the maturity date of the bonds refunded; and
(B) that have a term that ends not later than the maturity date of the bonds refunded;
shall not be considered for purposes of calculating a person's credit under this section.
As added by P.L.146-2008, SEC.223. Amended by P.L.205-2013, SEC.77.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-8. Exemption From Filing Requirement

Sec. 8. Except as provided in section 8.5 of this chapter, a person is not required to file an application for the credit under this chapter. The county auditor shall:
(1) identify the property in the county eligible for the credit under this chapter; and
(2) apply the credit under this chapter to property tax liability on the identified property.
As added by P.L.246-2005, SEC.62. Amended by P.L.162-2006, SEC.11; P.L.146-2008, SEC.224.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-9. Repealed

As added by P.L.246-2005, SEC.62. Amended by P.L.162-2006, SEC.12; P.L.2-2006, SEC.56; P.L.1-2007, SEC.44. Repealed by P.L.146-2008, SEC.810.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-9.5. Effect of Credit on Revenues

Sec. 9.5. (a) This section applies only to credits under this chapter against property taxes first due and payable after December 31, 2006.
(b) The application of the credit under this chapter results in a reduction of the property tax collections of each political subdivision in which the credit is applied. Except as provided in IC 20-46-1 and IC 20-46-9, a political subdivision may not increase its property tax levy to make up for that reduction.
(c) A political subdivision may not borrow money to compensate the political subdivision or any other political subdivision for the reduction of property tax collections referred to in subsection (b).
As added by P.L.162-2006, SEC.13. Amended by P.L.172-2011, SEC.41; P.L.218-2013, SEC.11; P.L.272-2019, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-10. Payment of Debt Service Obligations

Sec. 10. (a) As used in this section, "debt service obligations of a political subdivision" refers to:
(1) the principal and interest payable during a calendar year on bonds; and
(2) lease rental payments payable during a calendar year on leases;
of a political subdivision payable from ad valorem property taxes.
(b) Political subdivisions are required by law to fully fund the payment of their debt obligations in an amount sufficient to pay any debt service or lease rentals on outstanding obligations, regardless of any reduction in property tax collections due to the application of tax credits granted under this chapter.
(c) Upon the failure of a political subdivision to pay any of the political subdivision's debt service obligations during a calendar year when due, the treasurer of state, upon being notified of the failure by a claimant, shall pay the unpaid debt service obligations that are due from money in the possession of the state that would otherwise be available for distribution to the political subdivision under any other law, deducting the payment from the amount distributed. A deduction under this subsection must be made:
(1) first from local income tax distributions under IC 6-3.6-9; and
(2) second from any other undistributed funds of the political subdivision in the possession of the state.
(d) This section shall be interpreted liberally so that the state shall to the extent legally valid ensure that the debt service obligations of each political subdivision are paid when due. However, this section does not create a debt of the state.
As added by P.L.146-2008, SEC.226. Amended by P.L.172-2011, SEC.43; P.L.137-2012, SEC.36; P.L.197-2016, SEC.18.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-11. Report; Effect of Circuit Breaker on Taxing Unit Revenues

Sec. 11. The department of local government finance shall annually publish a report on its Internet web site that lists the amount that each taxing unit's distribution of property taxes will be reduced under section 9.5 of this chapter as a result of the granting of the credits.
As added by P.L.146-2008, SEC.227. Amended by P.L.137-2012, SEC.37.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-11.1. Department of Local Government Finance Estimates of Reduction of Property Taxes by Credits; Information to Be Provided by Taxing Units

Sec. 11.1. (a) Before August 1 of each year, the department of local government finance shall provide to each taxing unit that levies property taxes an estimate of the amount by which the taxing unit's distribution of property taxes will be reduced under section 9.5 of this chapter in the ensuing year.
(b) To determine the estimates required by subsection (a), the department of local government finance shall use the best available assessed value data and the levy limitation estimates determined under IC 6-1.1-18.5-24.
(c) The department of local government finance may also require taxing units to provide information on proposed debt issuance, excess levy appeals, and fund establishments occurring in the current year that may affect the tax levies and tax rates for the ensuing year. This information shall be collected in a manner prescribed by the department of local government finance. Taxing units shall provide the requested information to the department of local government finance by the deadline established by the department of local government finance, which may not be later than June 30 of each year.
As added by P.L.184-2016, SEC.20.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-12. Application of Credit of Excise Tax Distribution Calculations

Sec. 12. For purposes of computing and distributing after 2008 any excise taxes or local option income taxes for which the distribution is based on the amount of a taxing unit's property tax levy, the computation and distribution of the excise tax or local option income tax shall be based on the taxing unit's property tax levy as calculated before any reduction due to credits provided to taxpayers under this chapter.
As added by P.L.146-2008, SEC.228.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 20.6. Credit for Excessive Property Taxes › 6-1.1-20.6-13. Allocation of Credits by Distressed Political Subdivisions

Sec. 13. (a) A political subdivision is eligible to allocate credits proportionately under this section if the distressed unit appeal board has approved the waiver request of the emergency manager for the political subdivision under IC 6-1.1-20.3-8.5.
(b) For a political subdivision that has been granted a waiver under IC 6-1.1-20.3-8.5, the political subdivision may allocate the effect of the credits granted under this chapter proportionately among all the political subdivision's property tax funds that are not exempt under section 7.5(b) or 7.5(c) of this chapter, based on the levy for each fund and without taking into account the requirements of section 9.8 of this chapter regarding protected taxes.
As added by P.L.241-2017, SEC.16.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21. Repealed

[Pre-1975 Property Tax Recodification Citations:
6-1.1-21-1formerly 6-1-68-16-1.1-21-2formerly 6-1-68-2 part6-1.1-21-3formerly 6-1-68-36-1.1-21-4formerly 6-1-68-46-1.1-21-5formerly 6-1-68-56-1.1-21-6formerly 6-1-68-66-1.1-21-7formerly 6-1-68-76-1.1-21-8formerly 6-1-68-86-1.1-21-9formerly 6-1-68-96-1.1-21-10formerly 6-1-68-106-1.1-21-11formerly 6-1-68-116-1.1-21-12formerly 6-1-68-12.]
Repealed by P.L.146-2008, SEC.813.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.1. Rainy Day Fund Loans to the City of Laporte › 6-1.1-21.1-1. "Board"

Sec. 1. As used in this chapter, "board" refers to the state board of finance.
As added by P.L.182-2009(ss), SEC.153.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.1. Rainy Day Fund Loans to the City of Laporte › 6-1.1-21.1-2. Findings of General Assembly

Sec. 2. The general assembly finds that:
(1) distributions of property tax revenue for 2008 and 2009 to the city of LaPorte either:
(A) have not been made; or
(B) have been delayed by more than sixty (60) days after either due date specified in IC 6-1.1-22-9;
as a result of a state ordered reassessment of property in the county; and
(2) the city is having severe difficulty carrying out the governmental functions committed to it by law as a result of the delay in the distribution of tax revenue to the city.
As added by P.L.182-2009(ss), SEC.153.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.1. Rainy Day Fund Loans to the City of Laporte › 6-1.1-21.1-3. City May Apply to Board for Loan

Sec. 3. The city of LaPorte, with the approval of the fiscal body of the city, may apply to the board for a loan from the counter-cyclical revenue and economic stabilization fund.
As added by P.L.182-2009(ss), SEC.153.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.1. Rainy Day Fund Loans to the City of Laporte › 6-1.1-21.1-4. Board Determines Terms of Any Loan After Review by Budget Committee

Sec. 4. Subject to this chapter, the board, after review by the budget committee, shall determine the terms of any loan made under this chapter.
As added by P.L.182-2009(ss), SEC.153.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.1. Rainy Day Fund Loans to the City of Laporte › 6-1.1-21.1-5. Interest on Loan

Sec. 5. Interest may be imposed on the loan at a rate determined by the board.
As added by P.L.182-2009(ss), SEC.153.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.1. Rainy Day Fund Loans to the City of Laporte › 6-1.1-21.1-6. Limit on Amount of Loan

Sec. 6. The total amount of all loans under this chapter for all calendar years may not exceed the amount of revenue that the board determines has not been collected by the city of LaPorte from property taxes in 2008 and 2009 on the date of the loan.
As added by P.L.182-2009(ss), SEC.153.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.1. Rainy Day Fund Loans to the City of Laporte › 6-1.1-21.1-7. Term of Loan Repayment; Penalty

Sec. 7. If the city of LaPorte receives a loan under this chapter, the city must repay the loan within seventy-two (72) months after the date on which the loan is made. No penalty may be imposed for repaying a loan before the term of the loan.
As added by P.L.182-2009(ss), SEC.153.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.1. Rainy Day Fund Loans to the City of Laporte › 6-1.1-21.1-8. Disbursement of Loan Proceeds by Board

Sec. 8. The board may disburse in installments the proceeds of a loan made under this chapter.
As added by P.L.182-2009(ss), SEC.153.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.1. Rainy Day Fund Loans to the City of Laporte › 6-1.1-21.1-9. Repayment of Loan by City From Any Revenue Sources

Sec. 9. The city of LaPorte may repay a loan made under this chapter from any sources of revenue.
As added by P.L.182-2009(ss), SEC.153.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.1. Rainy Day Fund Loans to the City of Laporte › 6-1.1-21.1-10. Obligation to Repay Loan Not Basis to Obtain Excessive Tax Levy

Sec. 10. The obligation to repay a loan made under this chapter is not a basis for the city of LaPorte to obtain an excessive tax levy.
As added by P.L.182-2009(ss), SEC.153.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.1. Rainy Day Fund Loans to the City of Laporte › 6-1.1-21.1-11. Deposit by Board of Loan Payments

Sec. 11. Whenever the board receives a payment on a loan made under this chapter, the board shall deposit the amount paid in the counter-cyclical revenue and economic stabilization fund.
As added by P.L.182-2009(ss), SEC.153.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.1. Rainy Day Fund Loans to the City of Laporte › 6-1.1-21.1-12. Loan Proceeds Received Not Considered Part of Levy Excess

Sec. 12. The proceeds of a loan received by an eligible taxing unit under this chapter are not considered to be part of the ad valorem property tax levy actually collected by the city of LaPorte for taxes first due and payable during a particular calendar year for the purpose of calculating levy excess.
As added by P.L.182-2009(ss), SEC.153.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.1. Rainy Day Fund Loans to the City of Laporte › 6-1.1-21.1-13. Chapter Constitutes Complete Authority for Loans

Sec. 13. The notes and the authorization, issuance, sale, and delivery of the notes are not subject to any general statute concerning obligations issued by the local governmental entity borrower. This chapter contains full and complete authority for the making of the loan, the authorization, issuance, sale, and delivery of the notes, and the repayment of the loan by the borrower, and no law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by any officer, department, agency, or instrument of the state or of any political subdivision is required to make the loan, issue the notes, or repay the loan except as prescribed in this chapter.
As added by P.L.182-2009(ss), SEC.153.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.1. Rainy Day Fund Loans to the City of Laporte › 6-1.1-21.1-14. Treasurer of State Payment of Delinquent Loan Payments From City Funds Held by State

Sec. 14. Upon the failure of the city of LaPorte to make any of the city's payments on a loan granted under this chapter when due, the treasurer of state, upon being notified of the failure by the board, may pay the unpaid amount that is due from the funds held by the state that would be otherwise distributable to the city.
As added by P.L.182-2009(ss), SEC.153.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.2. Tax Increment Replacement › 6-1.1-21.2-2. Applicability of Definitions in Ic 36

Sec. 2. Except as otherwise provided, the definitions in IC 36 apply throughout this chapter.
As added by P.L.192-2002(ss), SEC.44.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.2. Tax Increment Replacement › 6-1.1-21.2-3. "Allocation Area"

Sec. 3. As used in this chapter, "allocation area" refers to an area that is established under the authority of any of the following statutes and in which tax increment revenues are collected:
(1) IC 6-1.1-39.
(2) IC 8-22-3.5.
(3) IC 36-7-14.
(4) IC 36-7-14.5.
(5) IC 36-7-15.1.
(6) IC 36-7-30.
(7) IC 36-7-30.5.
As added by P.L.192-2002(ss), SEC.44. Amended by P.L.146-2008, SEC.231.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.2. Tax Increment Replacement › 6-1.1-21.2-4. "Base Assessed Value"

Sec. 4. As used in this chapter, "base assessed value" means the base assessed value as that term is defined or used in:
(1) IC 6-1.1-39-5(h);
(2) IC 8-22-3.5-9(a);
(3) IC 8-22-3.5-9.5;
(4) IC 36-7-14-39(a);
(5) IC 36-7-14-39.2;
(6) IC 36-7-14-39.3(c);
(7) IC 36-7-14-48;
(8) IC 36-7-14.5-12.5;
(9) IC 36-7-15.1-26(a);
(10) IC 36-7-15.1-26.2(c);
(11) IC 36-7-15.1-35(a);
(12) IC 36-7-15.1-35.5;
(13) IC 36-7-15.1-53;
(14) IC 36-7-15.1-55(c);
(15) IC 36-7-30-25(a)(2);
(16) IC 36-7-30-26(c);
(17) IC 36-7-30.5-30; or
(18) IC 36-7-30.5-31.
As added by P.L.192-2002(ss), SEC.44. Amended by P.L.1-2003, SEC.27; P.L.146-2008, SEC.232.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.2. Tax Increment Replacement › 6-1.1-21.2-5. "District"

Sec. 5. As used in this chapter, "district" refers to the following:
(1) An economic development district under IC 6-1.1-39.
(2) An eligible entity (as defined in IC 8-22-3.5-2.5).
(3) A redevelopment district, for an allocation area established under:
(A) IC 36-7-14; or
(B) IC 36-7-15.1.
(4) A special taxing district, as described in:
(A) IC 36-7-14.5-12.5(d); or
(B) IC 36-7-30-3(b).
(5) A military base development area under IC 36-7-30.5-16.
As added by P.L.192-2002(ss), SEC.44. Amended by P.L.146-2008, SEC.233.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.2. Tax Increment Replacement › 6-1.1-21.2-6. "Governing Body"

Sec. 6. As used in this chapter, "governing body" means the following:
(1) For an allocation area created under IC 6-1.1-39, the fiscal body of the county (as defined in IC 36-1-2-6).
(2) For an allocation area created under IC 8-22-3.5, the commission (as defined in IC 8-22-3.5-2).
(3) For an allocation area created under IC 36-7-14, the redevelopment commission.
(4) For an allocation area created under IC 36-7-14.5, the redevelopment authority.
(5) For an allocation area created under IC 36-7-15.1, the metropolitan development commission.
(6) For an allocation area created under IC 36-7-30, the military base reuse authority.
(7) For an allocation area created under IC 36-7-30.5, the military base development authority.
As added by P.L.192-2002(ss), SEC.44. Amended by P.L.146-2008, SEC.234.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.2. Tax Increment Replacement › 6-1.1-21.2-6.6. "Obligation"

Sec. 6.6. As used in this chapter, "obligation" means an obligation to repay:
(1) the principal and interest on bonds;
(2) lease rentals on leases; or
(3) any other contractual obligation;
payable from tax increment revenues. The term includes a guarantee of repayment from tax increment revenues if other revenues are insufficient to make a payment.
As added by P.L.146-2008, SEC.235.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.2. Tax Increment Replacement › 6-1.1-21.2-7. "Property Taxes"

Sec. 7. As used in this chapter, "property taxes" means:
(1) property taxes, as defined in:
(A) IC 6-1.1-39-5(g);
(B) IC 36-7-14-39(a);
(C) IC 36-7-14-39.2;
(D) IC 36-7-14-39.3(c);
(E) IC 36-7-14.5-12.5;
(F) IC 36-7-15.1-26(a);
(G) IC 36-7-15.1-26.2(c);
(H) IC 36-7-15.1-53(a);
(I) IC 36-7-15.1-55(c);
(J) IC 36-7-30-25(a)(3);
(K) IC 36-7-30-26(c);
(L) IC 36-7-30.5-30; or
(M) IC 36-7-30.5-31; or
(2) for allocation areas created under IC 8-22-3.5, the taxes assessed on taxable tangible property in the allocation area.
As added by P.L.192-2002(ss), SEC.44. Amended by P.L.146-2008, SEC.236.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.2. Tax Increment Replacement › 6-1.1-21.2-8. "Special Fund"

Sec. 8. As used in this chapter, "special fund" means:
(1) the special funds referred to in IC 6-1.1-39-5;
(2) the special funds referred to in IC 8-22-3.5-9(e);
(3) the allocation fund referred to in IC 36-7-14-39(b)(4);
(4) the allocation fund referred to in IC 36-7-14.5-12.5(d);
(5) the special fund referred to in IC 36-7-15.1-26(b)(3);
(6) the special fund referred to in IC 36-7-15.1-53(b)(3);
(7) the allocation fund referred to in IC 36-7-30-25(b)(3); or
(8) the allocation fund referred to in IC 36-7-30.5-30(b)(3).
As added by P.L.192-2002(ss), SEC.44. Amended by P.L.146-2008, SEC.237; P.L.203-2011, SEC.2; P.L.236-2023, SEC.40.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.2. Tax Increment Replacement › 6-1.1-21.2-9. "Tax Increment Replacement Amount"

Sec. 9. As used in this chapter, "tax increment replacement amount" means the tax increment replacement amount determined under section 11 of this chapter.
As added by P.L.192-2002(ss), SEC.44.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.2. Tax Increment Replacement › 6-1.1-21.2-10. "Tax Increment Revenues"

Sec. 10. As used in this chapter, "tax increment revenues" means the property taxes attributable to the assessed value of property in excess of the base assessed value.
As added by P.L.192-2002(ss), SEC.44.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.2. Tax Increment Replacement › 6-1.1-21.2-11. Tax Increment Replacement Amount; Calculation

Sec. 11. (a) The governing body shall estimate the tax increment replacement amount for each allocation area under the jurisdiction of the governing body for the next calendar year on the schedule prescribed by the department of local government finance.
(b) The tax increment replacement amount is the greater of zero (0) or the net amount by which:
(1) laws enacted by the general assembly; and
(2) actions taken by the department of local government finance;
after the establishment of the allocation area have decreased the tax increment revenues of the allocation area for the next calendar year (after adjusting for any increases resulting from laws or actions of the department of local government finance) below the sum of the amount needed to make all payments that are due in the next calendar year on obligations payable from tax increment revenues and to maintain any tax increment revenue to obligation payment ratio required by an agreement on which any of the obligations are based.
As added by P.L.192-2002(ss), SEC.44. Amended by P.L.256-2003, SEC.25; P.L.146-2008, SEC.238.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.2. Tax Increment Replacement › 6-1.1-21.2-14. Repealed

As added by P.L.192-2002(ss), SEC.44. Amended by P.L.256-2003, SEC.26. Repealed by P.L.146-2008, SEC.803.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.2. Tax Increment Replacement › 6-1.1-21.2-15. Special Assessment and Tax Collections Deposited in Special Fund; Inapplicability of Certain Provisions to Special Assessments and Taxes; Exception From Levy Limits

Sec. 15. (a) As the special assessment or tax imposed under this chapter is collected by the county treasurer, it shall be transferred to the governing body and accumulated and kept in the special fund for the allocation area.
(b) A special assessment or tax levied under this chapter is not subject to IC 6-1.1-20.
(c) A special assessment or tax levied under this chapter and the use of revenues from a special assessment or tax levied under this chapter by a governing body do not create a constitutional or statutory debt, pledge, or obligation of the governing body, the district, or any county, city, town, or township.
(d) The ad valorem property tax levy limits imposed by IC 6-1.1-18.5-3 or another provision of IC 6-1.1-18.5 do not apply to a special assessment or tax imposed under this chapter. For purposes of computing the ad valorem property tax levy limit imposed on a civil taxing unit under IC 6-1.1-18.5-3 or another provision of IC 6-1.1-18.5, the civil taxing unit's ad valorem property tax levy for a particular calendar year does not include a special assessment or tax imposed under this chapter.
As added by P.L.192-2002(ss), SEC.44. Amended by P.L.224-2007, SEC.40; P.L.146-2008, SEC.240; P.L.182-2009(ss), SEC.155.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.2. Tax Increment Replacement › 6-1.1-21.2-16. Adjustment for Tax Benefit

Sec. 16. (a) This section applies if the tax increment replacement amount for an allocation area in a district is less than zero (0).
(b) The governing body of a district shall increase the base assessed value of property in the allocation area to an amount sufficient so that the tax increment replacement amount is equal to zero (0).
As added by P.L.146-2008, SEC.241.