reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.3. Rainy Day Fund Loans for Taxing Units Affected by Transmission Manufacturer Bankruptcy › 6-1.1-21.3-1. "Board", "Qualified Taxing Unit", and "Qualifying Taxpayer"

Sec. 1. (a) As used in this chapter, "board" refers to the state board of finance.
(b) As used in this chapter, "qualified taxing unit" means a taxing unit:
(1) in which a qualifying taxpayer has tangible property subject to taxation; and
(2) that has experienced or is expected to experience a significant revenue shortfall as a result of a default or an expected default described in subsection (c)(3).
(c) As used in this chapter, "qualifying taxpayer" means a taxpayer that:
(1) casts and manufactures motor vehicle transmissions as part of its business;
(2) has filed a petition to reorganize under the federal bankruptcy code; and
(3) has defaulted, or has notified the county fiscal body of the county in which the taxpayer is subject to property taxes that the taxpayer will default, on all or part of one (1) or more of its property tax payments with respect to taxes first due and payable in 2009 or 2010, or both.
As added by P.L.182-2009(ss), SEC.156.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.3. Rainy Day Fund Loans for Taxing Units Affected by Transmission Manufacturer Bankruptcy › 6-1.1-21.3-2. Qualifying Taxing Unit May Apply to Board for Loan

Sec. 2. A qualified taxing unit may apply to the board for one (1) or more loans from the counter-cyclical revenue and economic stabilization fund.
As added by P.L.182-2009(ss), SEC.156.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.3. Rainy Day Fund Loans for Taxing Units Affected by Transmission Manufacturer Bankruptcy › 6-1.1-21.3-3. Determination of Terms of Loan by Board; Loan Conditions; Disbursement of Installments by Board; Loan Repayment; Obligation to Repay Not Basis for Excessive Tax Levy; Deposit by Board of Loan Payments Received

Sec. 3. (a) The board, after review by the budget committee, shall determine the terms of a loan made under this chapter, subject to the following:
(1) The loan must be repaid not later than ten (10) years after the date on which the loan is made.
(2) The terms of the loan must allow for prepayment of the loan without penalty.
(3) The maximum amount of the loan that a qualified taxing unit may receive with respect to a default described in section 1(c)(3) of this chapter on one (1) or more payments of property taxes first due and payable in a calendar year is the amount, as determined by the board, of revenue shortfall for the qualified taxing unit that results from the default for that calendar year.
(b) The board may disburse in installments the proceeds of a loan made under this chapter.
(c) A qualified taxing unit may repay a loan made under this chapter from any of the following:
(1) Property tax revenues of the qualified taxing unit that are subject to the levy limitations imposed by IC 6-1.1-18.5.
(2) Property tax revenues of the qualified taxing unit that are not subject to levy limitations as provided in IC 6-1.1-18.5-21(a).
(3) The qualified taxing unit's debt service fund.
(4) Any other source of revenues (other than property taxes) that is legally available to the qualified taxing unit.
The payment of any installment on a loan made under this chapter constitutes a first charge against the property tax revenues described in subdivision (1) or (2) that are collected by the qualified taxing unit during the calendar year the installment is due and payable.
(d) The obligation to repay a loan made under this chapter is not a basis for the qualified taxing unit to obtain an excessive tax levy under IC 6-1.1-18.5 or IC 20-44-3.
(e) 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.156. Amended by P.L.236-2023, SEC.41.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.3. Rainy Day Fund Loans for Taxing Units Affected by Transmission Manufacturer Bankruptcy › 6-1.1-21.3-4. Certain Amounts Not Considered for Determination of Levy Excess; Use of Delinquent Tax and Effect on Remaining Loan Balance; Use of Loan Proceeds

Sec. 4. (a) As used in this section, "delinquent tax" means any tax not paid during the calendar year in which the tax was first due and payable.
(b) Except as provided in subsection (c), the following are not considered to be part of the ad valorem property tax levy actually collected by the qualified taxing unit for taxes first due and payable during a particular calendar year for the purpose of calculating the levy excess under IC 6-1.1-18.5-17 and IC 20-44-3:
(1) The proceeds of a loan received by the qualified taxing unit under this chapter.
(2) The receipt by a qualified taxing unit of any payment of delinquent tax owed by a qualifying taxpayer.
(c) Delinquent tax owed by a qualifying taxpayer received by a qualified taxing unit:
(1) must first be used toward the retirement of an outstanding loan made under this chapter; and
(2) is considered, only to the extent that the amount received exceeds the amount of the outstanding loan, to be part of the ad valorem property tax levy actually collected by the qualified taxing unit for taxes first due and payable during a particular calendar year for the purpose of calculating the levy excess under IC 6-1.1-18.5-17 and IC 20-44-3.
(d) If a qualifying taxpayer pays delinquent tax during the term of repayment of an outstanding loan made under this chapter, the remaining loan balance is repayable in equal installments over the remainder of the original term of repayment.
(e) Proceeds of a loan made under this chapter may be expended by a qualified taxing unit only to pay obligations of the qualified taxing unit that have been incurred under appropriations for operating expenses made by the qualified taxing unit and approved by the department of local government finance.
As added by P.L.182-2009(ss), SEC.156.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.3. Rainy Day Fund Loans for Taxing Units Affected by Transmission Manufacturer Bankruptcy › 6-1.1-21.3-5. Loan Not Bonded Indebtedness

Sec. 5. A loan under this chapter is not bonded indebtedness for purposes of IC 6-1.1-18.5.
As added by P.L.182-2009(ss), SEC.156.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.4. Rainy Day Fund Loans for Eligible School Corporations › 6-1.1-21.4-0.5. "Adm"

Sec. 0.5. As used in this chapter, "ADM" refers to a school corporation's average daily membership as determined under IC 20-43-4-2.
As added by P.L.145-2012, SEC.15.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.4. Rainy Day Fund Loans for Eligible School Corporations › 6-1.1-21.4-2. "Eligible School Corporation"

Sec. 2. As used in this chapter, "eligible school corporation" refers to any of the following:
(1) A school corporation located in a county in which distributions of property tax revenue for 2007 or 2008 to the taxing units (as defined in IC 6-1.1-1-21) of the county:
(A) have not been made; or
(B) were delayed by more than sixty (60) days after either due date specified in IC 6-1.1-22-9.
(2) A school corporation that is:
(A) designated by the distressed unit appeal board as a distressed political subdivision under IC 6-1.1-20.3; or
(B) approved for a loan by the distressed unit appeal board under IC 6-1.1-20.3-8.3.
(3) A school corporation that had a loan from the counter-cyclical revenue and economic stabilization fund denied in October 2013. However, the school corporation is not an eligible school corporation if in 2014 the voters approve a referendum tax levy for the school corporation under IC 20-46-1.
As added by P.L.131-2008, SEC.5. Amended by P.L.145-2012, SEC.16; P.L.166-2014, SEC.5.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.4. Rainy Day Fund Loans for Eligible School Corporations › 6-1.1-21.4-3. Eligible School Corporation; Maximum Loan; Loan Terms

Sec. 3. (a) An eligible school corporation may apply to the board for a loan from the counter-cyclical revenue and economic stabilization fund.
(b) Subject to subsections (c) and (d) and section 3.5 of this chapter, an eligible school corporation described in section 2(2) of this chapter may apply to the board for a loan. The maximum amount of a loan that the board may approve for the eligible school corporation is the lesser of the following:
(1) Five million dollars ($5,000,000).
(2) The product of:
(A) one thousand dollars ($1,000); multiplied by
(B) the school corporation's 2012 ADM.
(c) At the time the distressed unit appeal board designates a school corporation as a distressed political subdivision under IC 6-1.1-20.3 or recommends under IC 6-1.1-20.3-8.3 that a loan from the fund be approved for a school corporation, the distressed unit appeal board may also recommend to the state board of finance that a loan from the fund to the school corporation be contingent upon any of the following:
(1) The sale of specified unused property by the school board.
(2) The school corporation modifying one (1) or more specified contracts entered into by the school corporation.
(d) In making a loan from the fund to a school corporation, the state board of finance may make the loan contingent upon any condition recommended by the distressed unit appeal board under subsection (c).
(e) This subsection applies only to an eligible school corporation described in section 2(3) of this chapter. The board shall make the loan to the eligible school corporation. The following apply to a loan made under this subsection:
(1) The maximum amount of a loan set forth in subsection (b).
(2) Sections 3.5 through 7 of this chapter.
In addition, an eligible school corporation receiving a loan under this subsection shall sell any unimproved land owned by the eligible school corporation that on April 1, 2014, is not contiguous to the grounds of any school.
As added by P.L.131-2008, SEC.5. Amended by P.L.145-2012, SEC.17; P.L.166-2014, SEC.6.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.4. Rainy Day Fund Loans for Eligible School Corporations › 6-1.1-21.4-3.5. Termination of Authority to Make Loans

Sec. 3.5. The board may not approve a loan under this chapter after December 31, 2017.
As added by P.L.145-2012, SEC.18.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.4. Rainy Day Fund Loans for Eligible School Corporations › 6-1.1-21.4-4. Board Determination of Loan Amount; Disbursement of Funds; Loan Repayment; No Excessive Levy; Deposit of Payments Received

Sec. 4. (a) The board, after review by the budget committee, shall determine the terms of any loan made under this chapter. The interest rate on the loan is the interest rate established by the commissioner of the department of state revenue under IC 6-8.1-10-1 minus two percent (2%), but in no case shall the interest rate be less than one percent (1%).
(b) The total amount of loans under this chapter may not exceed the following:
(1) Six million dollars ($6,000,000) for all calendar years ending before January 1, 2012.
(2) The sum of the amounts approved under section 3(b) of this chapter for all calendar years beginning after December 31, 2011, plus the outstanding balance of all loans that were made under this chapter before 2012.
(c) An eligible school corporation receiving a loan under this chapter must repay the loan within seventy-two (72) months after the date on which the loan is made.
(d) The board may disburse in installments the proceeds of a loan made under this chapter.
(e) An eligible school corporation may repay a loan made under this chapter from any sources of revenue.
(f) The obligation to repay a loan made under this chapter is not a basis for an eligible school corporation to obtain an excessive tax levy under IC 6-1.1-19.
(g) 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.131-2008, SEC.5. Amended by P.L.145-2012, SEC.19.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.4. Rainy Day Fund Loans for Eligible School Corporations › 6-1.1-21.4-5. Effects on Levy Excess Funds

Sec. 5. The proceeds of a loan received by an eligible school corporation under this chapter are not considered to be part of the ad valorem property tax levy actually collected by the eligible school corporation for taxes first due and payable during a particular calendar year for the purpose of calculating levy excess.
As added by P.L.131-2008, SEC.5.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.4. Rainy Day Fund Loans for Eligible School Corporations › 6-1.1-21.4-6. Loan Is Not Bonded Indebtedness

Sec. 6. A loan under this chapter is not bonded indebtedness for purposes of IC 6-1.1-18.5 or IC 6-1.1-20.
As added by P.L.131-2008, SEC.5. Amended by P.L.145-2012, SEC.20.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.4. Rainy Day Fund Loans for Eligible School Corporations › 6-1.1-21.4-7. Failure to Repay Loan

Sec. 7. Upon the failure of a school corporation to repay any of the school corporation's obligations under this chapter during a calendar year when due, the treasurer of state, upon being notified of the failure by the board, shall pay the unpaid obligations that are due from money in the possession of the state that would otherwise be available for distribution to the school corporation under any other law, deducting the payment from the amount distributed. However, the treasurer of state may not impair the rights of the school corporation's bondholders.
As added by P.L.145-2012, SEC.21.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.5. Loans to Qualified Taxing Units › 6-1.1-21.5-1. "Qualified Taxing Unit"

Sec. 1. As used in this chapter, "qualified taxing unit" means each of the following:
(1) A city having a population of more than twenty-six thousand (26,000) and less than twenty-eight thousand (28,000).
(2) The sanitary district of a city described in subdivision (1).
(3) The library district of a city described in subdivision (1).
(4) The school corporation located in a city described in subdivision (1).
As added by P.L.380-1987(ss), SEC.5. Amended by P.L.12-1992, SEC.23; P.L.170-2002, SEC.21; P.L.119-2012, SEC.35; P.L.104-2022, SEC.25.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.5. Loans to Qualified Taxing Units › 6-1.1-21.5-3. Loan Application; Prerequisites to Grant of Loan

Sec. 3. Before January 1, 2002, a qualified taxing unit may apply to the board for a loan from the counter-cyclical revenue and economic stabilization fund. The board may make a loan from the fund to the taxing unit if:
(1) a taxpayer with tangible property subject to taxation by the qualified taxing unit has filed a petition to reorganize under the federal bankruptcy code;
(2) the taxpayer has defaulted on one (1) of its property tax payments;
(3) the qualified taxing unit has experienced and will continue to experience a significant revenue shortfall as a result of the default; and
(4) the taxpayer is a steel manufacturer that owns at least eighteen percent (18%) of the assessed value within the taxing unit.
As added by P.L.380-1987(ss), SEC.5. Amended by P.L.291-2001, SEC.207.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.5. Loans to Qualified Taxing Units › 6-1.1-21.5-4. Maximum Amount of Loan

Sec. 4. The maximum amount that the board may loan to a qualified taxing unit under this chapter is set forth in the following table:
MAXIMUM
TYPE OF TAXING UNIT
LOAN
City
$
5,500,000
Sanitary District
$
1,900,000
Library District
$
800,000
School Corporation
$
8,000,000
As added by P.L.380-1987(ss), SEC.5. Amended by P.L.291-2001, SEC.208.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.5. Loans to Qualified Taxing Units › 6-1.1-21.5-5. Terms of Loan; Interest; Repayment; Depository

Sec. 5. (a) The board shall determine the terms of a loan made under this chapter. However, interest may not be charged on the loan, and the loan must be repaid not later than ten (10) years after the date on which the loan was made.
(b) The loan shall be repaid only from property tax revenues of the qualified taxing unit that are subject to the levy limitations imposed by IC 6-1.1-18.5. The payment of any installment of principal constitutes a first charge against such property tax revenues as collected by the qualified taxing unit during the calendar year the installment is due and payable.
(c) The obligation to repay the loan is not a basis for the qualified taxing unit to obtain an excessive tax levy under IC 6-1.1-18.5.
(d) 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.
(e) This section may not be construed to prevent the qualified taxing unit from repaying a loan made under this chapter before the date specified in subsection (a) if a taxpayer described in section 3 of this chapter resumes paying property taxes to the qualified taxing unit.
As added by P.L.380-1987(ss), SEC.5. Amended by P.L.291-2001, SEC.209; P.L.2-2006, SEC.59; P.L.146-2008, SEC.242.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.5. Loans to Qualified Taxing Units › 6-1.1-21.5-6. Loan Proceeds and Delinquent Tax Payments; Levy Excess

Sec. 6. (a) The receipt by the qualified taxing unit of the loan proceeds is not considered to be part of the ad valorem property tax levy actually collected by the qualified taxing unit for taxes first due and payable during a particular calendar year for the purpose of calculating the levy excess under IC 6-1.1-18.5-17 and IC 20-44-3. The receipt by the qualified taxing unit of any payment of delinquent tax owed by a taxpayer in bankruptcy is considered to be part of the ad valorem property tax levy actually collected by the qualified taxing unit for taxes first due and payable during a particular calendar year for the purpose of calculating the levy excess under IC 6-1.1-18.5-17 and IC 20-44-3.
(b) The loan proceeds and any payment of delinquent tax may be expended by the qualified taxing unit only to pay debts of the qualified taxing unit that have been incurred pursuant to duly adopted appropriations approved by the department of local government finance for operating expenses.
(c) In the event the sum of the receipts of the qualified taxing unit that are attributable to:
(1) the loan proceeds; and
(2) the payment of property taxes owed by a taxpayer in a bankruptcy proceeding initially filed in 2000 and payable in 2001;
exceeds sixteen million dollars ($16,000,000), the excess as received during any calendar year or years shall be set aside and treated for the calendar year when received as a levy excess subject to IC 6-1.1-18.5-17 or IC 20-44-3. In calculating the payment of property taxes as provided in subdivision (2), the amount of property tax credit finally allowed under IC 6-1.1-21-5 (before its repeal) in respect to such taxes is considered a payment of such property taxes.
(d) As used in this section, "delinquent tax" means any tax owed by a taxpayer in a bankruptcy proceeding initially filed in 2000 and that is not paid during the calendar year for which it was first due and payable.
As added by P.L.380-1987(ss), SEC.5. Amended by P.L.291-2001, SEC.210; P.L.90-2002, SEC.202; P.L.2-2006, SEC.60; P.L.146-2008, SEC.243.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.8. Rainy Day Fund Loans to Qualified Taxing Units › 6-1.1-21.8-1. "Board" Defined

Sec. 1. As used in this chapter, "board" refers to the state board of finance.
As added by P.L.157-2002, SEC.1.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.8. Rainy Day Fund Loans to Qualified Taxing Units › 6-1.1-21.8-2. "Qualified Taxing Unit"

Sec. 2. As used in this chapter, "qualified taxing unit" means a taxing unit located in a county having a population of more than one hundred seventy thousand (170,000) and less than one hundred seventy-four thousand (174,000).
As added by P.L.157-2002, SEC.1. Amended by P.L.119-2012, SEC.36; P.L.104-2022, SEC.26.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.8. Rainy Day Fund Loans to Qualified Taxing Units › 6-1.1-21.8-3. Loan Application; Prerequisites to Grant of Loan

Sec. 3. A qualified taxing unit may apply to the board for one (1) or more loans from the counter-cyclical revenue and economic stabilization fund. The board may make a loan from the fund to the qualified taxing unit if:
(1) a taxpayer with tangible property subject to taxation by the qualified taxing unit has filed a petition to reorganize under the federal bankruptcy code;
(2) the taxpayer has defaulted on one (1) or more of its property tax payments;
(3) the qualified taxing unit has experienced and will continue to experience a significant revenue shortfall as a result of the default; and
(4) the taxpayer is a steel manufacturer.
As added by P.L.157-2002, SEC.1.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.8. Rainy Day Fund Loans to Qualified Taxing Units › 6-1.1-21.8-5. Maximum Loan Amount for a Particular Qualified Taxing Unit

Sec. 5. The maximum amount that the board may loan to a qualified taxing unit is determined under STEP FOUR of the following formula:
STEP ONE: Determine the amount of the taxpayer's property taxes due and payable in November 2001 that are attributable to the qualified taxing unit as determined by the department of local government finance.
STEP TWO: Multiply the STEP ONE amount by one and thirty-one thousandths (1.031).
STEP THREE: Multiply the STEP TWO product by two (2).
STEP FOUR: Add the STEP ONE amount to the STEP THREE product.
However, in the case of a qualified taxing unit that is a school corporation, the amount determined under STEP FOUR shall be reduced by the board to the extent that the school corporation receives relief in the form of adjustments to the school corporation's net assessed valuation under IC 6-1.1-17-0.5 or assessed valuation under IC 6-1.1-19-5.3.
As added by P.L.157-2002, SEC.1. Amended by P.L.2-2006, SEC.63; P.L.146-2008, SEC.245; P.L.137-2012, SEC.38.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.8. Rainy Day Fund Loans to Qualified Taxing Units › 6-1.1-21.8-6. "Delinquent Tax"; Loan Proceeds and Delinquent Tax Payments; Calculation of Levy Excess; Expenditure of Loan Receipts

Sec. 6. (a) As used in this section, "delinquent tax" means any tax:
(1) owed by a taxpayer in a bankruptcy proceeding initially filed in 2001; and
(2) not paid during the calendar year in which it was first due and payable.
(b) Except as provided in subsection (d), the proceeds of a loan received by the qualified taxing unit under this chapter are not considered to be part of the ad valorem property tax levy actually collected by the qualified taxing unit for taxes first due and payable during a particular calendar year for the purpose of calculating the levy excess under IC 6-1.1-18.5-17 and IC 20-44-3. The receipt by a qualified taxing unit of any payment of delinquent tax owed by a taxpayer in bankruptcy is considered to be part of the ad valorem property tax levy actually collected by the qualified taxing unit for taxes first due and payable during a particular calendar year for the purpose of calculating the levy excess under IC 6-1.1-18.5-17 and IC 20-44-3.
(c) The proceeds of a loan made under this chapter must first be used to retire any outstanding loans made by the department of commerce (including any loans made by the department of commerce that are transferred to the Indiana economic development corporation) to cover a qualified taxing unit's revenue shortfall resulting from the taxpayer's default on property tax payments. Any remaining proceeds of a loan made under this chapter and any payment of delinquent taxes by the taxpayer may be expended by the qualified taxing unit only to pay obligations of the qualified taxing unit that have been incurred under appropriations for operating expenses made by the qualified taxing unit and approved by the department of local government finance.
(d) If the sum of the receipts of a qualified taxing unit that are attributable to:
(1) the loan proceeds; and
(2) the payment of property taxes owed by a taxpayer in a bankruptcy proceeding and payable in November 2001, May 2002, or November 2002;
exceeds the sum of the taxpayer's property tax liability attributable to the qualified taxing unit for property taxes payable in November 2001, May 2002, and November 2002, the excess as received during any calendar year or years shall be set aside and treated for the calendar year when received as a levy excess subject to IC 6-1.1-18.5-17 or IC 20-44-3. In calculating the payment of property taxes as referred to in subdivision (2), the amount of property tax credit finally allowed under IC 6-1.1-21-5 (before its repeal) in respect to those taxes is considered to be a payment of those property taxes.
As added by P.L.157-2002, SEC.1. Amended by P.L.4-2005, SEC.42; P.L.2-2006, SEC.64; P.L.146-2008, SEC.246.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.9. Rainy Day Fund Loans for Qualified Taxing Units › 6-1.1-21.9-1. Definitions

Sec. 1. (a) As used in this chapter, "board" refers to the state board of finance.
(b) As used in this chapter, "qualified taxing unit" means a taxing unit:
(1) in which a qualifying taxpayer has tangible property subject to taxation; and
(2) that has experienced or is expected to experience a significant revenue shortfall as a result of a default or an expected default described in subsection (c)(3).
(c) As used in this chapter, "qualifying taxpayer" means a taxpayer that:
(1) manufactures microelectronics as part of its business;
(2) has filed a petition to reorganize under the federal bankruptcy code; and
(3) has defaulted, or has notified the county fiscal body of the county in which the taxpayer is subject to property taxes that the taxpayer will default, on all or part of one (1) or more of its property tax payments.
As added by P.L.114-2006, SEC.3.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.9. Rainy Day Fund Loans for Qualified Taxing Units › 6-1.1-21.9-2. Qualified Taxing Unit

Sec. 2. A qualified taxing unit may apply to the board for one (1) or more loans from the counter-cyclical revenue and economic stabilization fund.
As added by P.L.114-2006, SEC.3.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.9. Rainy Day Fund Loans for Qualified Taxing Units › 6-1.1-21.9-3. Board Determines Terms of Loan and Disburses Installments; Loan Repayment; No Excessive Levy; Deposit of Payments Received

Sec. 3. (a) The board, not later than December 31, 2009, and after review by the budget committee, shall determine the terms of a loan made under this chapter, subject to the following:
(1) The board may not charge interest on the loan.
(2) The loan must be repaid not later than ten (10) years after the date on which the loan was made.
(3) The terms of the loan must allow for prepayment of the loan without penalty.
(4) The maximum amount of the loan that a qualifying taxing unit may receive with respect to a default described in section 1(c)(3) of this chapter on one (1) or more payments of property taxes first due and payable in a calendar year is the amount, as determined by the board, of revenue shortfall for the qualifying taxing unit that results from the default for that calendar year.
(5) The total amount of all loans under this chapter for all calendar years may not exceed thirteen million dollars ($13,000,000).
(b) The board may disburse in installments the proceeds of a loan made under this chapter.
(c) A qualified taxing unit may repay a loan made under this chapter from any of the following:
(1) Property tax revenues of the qualified taxing unit that are subject to the levy limitations imposed by IC 6-1.1-18.5 or (before January 1, 2009) IC 6-1.1-19.
(2) Property tax revenues of the qualified taxing unit that are not subject to levy limitations as provided in IC 6-1.1-18.5-21(a) or (before January 1, 2009) IC 6-1.1-19-13.
(3) The qualified taxing unit's debt service fund.
(4) Any other source of revenues (other than property taxes) that is legally available to the qualified taxing unit.
The payment of any installment on a loan made under this chapter constitutes a first charge against the property tax revenues described in subdivision (1) or (2) that are collected by the qualified taxing unit during the calendar year the installment is due and payable.
(d) The obligation to repay a loan made under this chapter is not a basis for the qualified taxing unit to obtain an excessive tax levy under IC 6-1.1-18.5 or (before January 1, 2009) IC 6-1.1-19.
(e) 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.114-2006, SEC.3. Amended by P.L.131-2008, SEC.6; P.L.146-2008, SEC.247; P.L.1-2009, SEC.45; P.L.236-2023, SEC.42.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.9. Rainy Day Fund Loans for Qualified Taxing Units › 6-1.1-21.9-4. Effects on Levy Excess Funds; Effects of Receipt of Delinquent Taxes

Sec. 4. (a) As used in this section, "delinquent tax" means any tax not paid during the calendar year in which the tax was first due and payable.
(b) Except as provided in subsection (c), the following are not considered to be part of the ad valorem property tax levy actually collected by the qualified taxing unit for taxes first due and payable during a particular calendar year for the purpose of calculating the levy excess under IC 6-1.1-18.5-17 and IC 20-44-2.
(1) The proceeds of a loan received by the qualified taxing unit under this chapter.
(2) The receipt by a qualified taxing unit of any payment of delinquent tax owed by a qualified taxpayer.
(c) Delinquent tax owed by a qualified taxpayer received by a qualified taxing unit:
(1) must first be used toward the retirement of an outstanding loan made under this chapter; and
(2) is considered, only to the extent that the amount received exceeds the amount of the outstanding loan, to be part of the ad valorem property tax levy actually collected by the qualified taxing unit for taxes first due and payable during a particular calendar year for the purpose of calculating the levy excess under IC 6-1.1-18.5-17 and IC 20-44-2.
(d) If a qualified taxpayer pays delinquent tax during the term of repayment of an outstanding loan made under this chapter, the remaining loan balance is repayable in equal installments over the remainder of the original term of repayment.
(e) Proceeds of a loan made under this chapter may be expended by a qualified taxing unit only to pay obligations of the qualified taxing unit that have been incurred under appropriations for operating expenses made by the qualified taxing unit and approved by the department of local government finance.
As added by P.L.114-2006, SEC.3. Amended by P.L.146-2008, SEC.248.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 21.9. Rainy Day Fund Loans for Qualified Taxing Units › 6-1.1-21.9-5. Loan Is Not Bonded Indebtedness

Sec. 5. A loan under this chapter is not bonded indebtedness for purposes of IC 6-1.1-18.5.
As added by P.L.114-2006, SEC.3.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 22. General Procedures for Property Tax Collection › 6-1.1-22-1. "Personal Property" Defined

Sec. 1. Except as otherwise provided by law, it is sufficient for purposes of assessment and taxation to describe personal property on all records and notices by using the words "personal property" to include all types of personal property assessed to a person under this article.
[Pre-1975 Property Tax Recodification Citation: 6-1-51-5.]
Formerly: Acts 1975, P.L.47, SEC.1.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 22. General Procedures for Property Tax Collection › 6-1.1-22-2. Description of Real Property; Sufficiency

Sec. 2. (a) Real property is sufficiently described for the purpose of listing, assessing, and collecting the taxes on it when it is described by:
(1) reference to the name of the subdivision and lot number, if the tract of land has been platted into lots or subdivided and a plat of the tract has been recorded in the office of the county recorder; or
(2) use of an abbreviated description which indicates its key number, if any, and the quarter section in which the land lies and the number of acres it contains if the land is unplatted.
(b) Real property is sufficiently described for the purpose of conveying title to it when it is sold for the nonpayment of taxes if it is described by:
(1) reference to the name of the subdivision and lot number if the tract of land has been platted into lots or subdivided and a plat of the tract has been recorded in the office of the county recorder;
(2) reference to its key number, if any, and the description, including the number of acres, contained in a deed, mortgage, will, or other public record of the county; or
(3) reference to a description prepared by the county surveyor under subsection (c) of this section.
(c) Whenever a sufficient description is not available for real property which is to be sold for nonpayment of taxes, the county surveyor, at the request of the county auditor, shall survey and plat the land and prepare a correct description of it. The county surveyor shall file a certified copy of the plat and the description with the county recorder, who shall record the instrument in the deed record. The county recorder shall not charge a fee for this service.
[Pre-1975 Property Tax Recodification Citation: 6-1-51-6.]
Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.60-1988, SEC.1.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 22. General Procedures for Property Tax Collection › 6-1.1-22-3. Tax Duplicate; Contents; Maintenance; Delivery

Sec. 3. (a) Except as provided in subsection (b), the auditor of each county shall, before March 15 of each year, prepare a roll of property taxes payable in that year for the county. This roll shall be known as the "tax duplicate" and shall show:
(1) the value of all the assessed property of the county;
(2) the person liable for the taxes on the assessed property; and
(3) any other information that the state board of accounts, with the advice and approval of the department of local government finance, may prescribe.
(b) If the county auditor receives a copy of an appeal petition under IC 6-1.1-18.5-12(g) before the county auditor completes preparation of the tax duplicate under subsection (a), the county auditor shall complete preparation of the tax duplicate when the appeal is resolved by the department of local government finance.
(c) If the county auditor receives a copy of an appeal petition under IC 6-1.1-18.5-12(g) after the county auditor completes preparation of the tax duplicate under subsection (a), the county auditor shall prepare a revised tax duplicate when the appeal is resolved by the department of local government finance that reflects the action of the department.
(d) The county auditor shall comply with the instructions issued by the state board of accounts for the preparation, preservation, alteration, and maintenance of the tax duplicate. The county auditor shall deliver a copy of the tax duplicate prepared under subsection (a) to the county treasurer when preparation of the tax duplicate is completed.
[Pre-1975 Property Tax Recodification Citation: 6-1-51-7.]
Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.45-1990, SEC.2; P.L.49-1996, SEC.6; P.L.90-2002, SEC.210; P.L.67-2006, SEC.5; P.L.146-2008, SEC.249; P.L.42-2011, SEC.10.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 22. General Procedures for Property Tax Collection › 6-1.1-22-4. Notice of Tax Rate

Sec. 4. (a) Immediately upon the receipt of the tax duplicate, the county auditor shall give notice of the rate of tax per one hundred dollars ($100) of assessed valuation to be collected in the county for each purpose and the total of the rates in each taxing district. This notice shall be published in the form prescribed by the department of local government finance three (3) times with each publication one (1) week apart.
(b) The notice required by this section shall be printed in two (2) newspapers which represent different political parties and which are published in the county. However, if two (2) newspapers which represent different political parties are not published in the county, the notice shall be printed in one (1) newspaper.
[Pre-1975 Property Tax Recodification Citations: 6-1-51-3; 6-1-52-1.]
Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.90-2002, SEC.211; P.L.42-2011, SEC.11; P.L.194-2015, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 22. General Procedures for Property Tax Collection › 6-1.1-22-5. Preparation and Delivery to the Department of Local Government Finance by County Auditor; Information to Be Included in the Abstract; Abstract as Public Record

Sec. 5. (a) On or before March 15 of each year, the county auditor shall prepare and deliver to the department of local government finance and the county treasurer a certified copy of an abstract of the property, assessments, taxes, deductions, and exemptions for taxes payable in that year in each taxing district of the county. The county auditor shall prepare the abstract in such a manner that the information concerning property tax deductions reflects the total amount of each type of deduction. The abstract shall also contain a statement of the taxes and penalties unpaid in each taxing unit at the time of the last settlement between the county auditor and county treasurer and the status of these delinquencies.
(b) The county auditor shall prepare the abstract in the manner prescribed by the department of local government finance. The department of local government finance, county auditor, and county treasurer shall each keep a copy of the abstract as a public record.
[Pre-1975 Property Tax Recodification Citation: 6-1-51-8.]
Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1977, P.L.67, SEC.3; P.L.45-1990, SEC.3; P.L.49-1996, SEC.7; P.L.67-2006, SEC.6; P.L.146-2008, SEC.250; P.L.182-2009(ss), SEC.157; P.L.201-2023, SEC.89.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 22. General Procedures for Property Tax Collection › 6-1.1-22-6. Register of Taxes and Special Assessments

Sec. 6. The county treasurer shall keep a register of taxes and special assessments in the manner and on the form prescribed by the state board of accounts. He shall enter each payment of the taxes and special assessments in the register on the day the payment is received.
[Pre-1975 Property Tax Recodification Citation: 6-1-51-9.]
Formerly: Acts 1975, P.L.47, SEC.1.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 22. General Procedures for Property Tax Collection › 6-1.1-22-6.5. Refusal of Third Party to Pay Upon Proper Presentment

Sec. 6.5. Notwithstanding IC 26-1-3.1-310, if a payment subject to this article is made by:
(1) check;
(2) bank draft;
(3) money order;
(4) bank card or credit card; or
(5) any other draft or financial instrument that is payable by a third party;
and the third party refuses to pay the amount of the payment to the county treasurer after proper presentment, the county treasurer shall adjust the county treasurer's records to remove any credit made for the payment. If the financial instrument is subsequently honored, the county treasurer shall record the payment as being made on the date the financial instrument is honored. However, the county treasurer may deduct any costs described in section 12.1 of this chapter before crediting the payment.
As added by P.L.56-1996, SEC.1.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 22. General Procedures for Property Tax Collection › 6-1.1-22-7. Daily Cash Book

Sec. 7. The county treasurer shall keep a daily cash book on the form prescribed by the state board of accounts. He shall enter all funds received by him in the cash book on the day the funds are received. The county treasurer shall also record in the cash book all the deposits, withdrawals, and other entries required to be made in order to correctly reflect the financial condition of the funds for which the county treasurer is responsible.
[Pre-1975 Property Tax Recodification Citation: 6-1-51-10.]
Formerly: Acts 1975, P.L.47, SEC.1.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 22. General Procedures for Property Tax Collection › 6-1.1-22-8. Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-52-2.]
Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1976, P.L.14, SEC.1; P.L.57-1986, SEC.2; P.L.60-1991, SEC.1; P.L.6-1997, SEC.89; P.L.64-2004, SEC.13; P.L.162-2006, SEC.15; P.L.169-2006, SEC.10; P.L.1-2007, SEC.46. Repealed by P.L.3-2008, SEC.269.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 22. General Procedures for Property Tax Collection › 6-1.1-22-8.2. Donations of Taxpayers in County With Consolidated City; Ordinance

Sec. 8.2. (a) This section applies to a county containing a consolidated city.
(b) The legislative body of a county may adopt an ordinance:
(1) allowing a taxpayer to include a donation of money to the county with a payment under section 9 of this chapter;
(2) establishing a separate fund to receive donations under this section; and
(3) establishing a board of at least five (5) members to determine permissible expenditures by the county from the fund established under subdivision (2).
(c) If an ordinance is adopted under subsection (b), the treasurer of the adopting county shall transfer donations received under this section to the fund established under subsection (b)(2). Money in the fund at the end of a fiscal year does not revert to the county's general fund.
As added by P.L.54-1990, SEC.1.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 22. General Procedures for Property Tax Collection › 6-1.1-22-8.3. Donation Procedure Notice

Sec. 8.3. If an ordinance is adopted under section 8.2 of this chapter, the treasurer of the adopting county shall include with each statement mailed under section 8.1 of this chapter a notice describing:
(1) the manner in which a taxpayer may donate money to the county under section 8.2 of this chapter; and
(2) the permissible expenditures of money donated under section 8.2 of this chapter.
As added by P.L.54-1990, SEC.2. Amended by P.L.3-2008, SEC.54.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 22. General Procedures for Property Tax Collection › 6-1.1-22-8.5. Deductions; Contents of Tax Statements; Notice of Ineligibility

Sec. 8.5. The county treasurer shall include on every statement mailed under section 8.1 of this chapter the following language: "If any circumstances have changed that would make you ineligible for a deduction that you have been allowed in the exemption block on this tax bill, you must notify the county auditor. If such a change in circumstances has occurred and you have not notified the county auditor, the deduction will be disallowed and you will be liable for taxes and penalties on the amount deducted.".
As added by Acts 1982, P.L.44, SEC.8. Amended by P.L.3-2008, SEC.55.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 22. General Procedures for Property Tax Collection › 6-1.1-22-9.5. Alternative Schedule of Installment Payments

Sec. 9.5. (a) This section applies only to property taxes first due and payable in a year that begins after December 31, 2003:
(1) with respect to a homestead (as defined in IC 6-1.1-12-37); and
(2) that are not payable in one (1) installment under section 9(c) of this chapter.
(b) At any time before the mailing or transmission of tax statements for a year under section 8.1 of this chapter, a county may petition the department of local government finance to establish a schedule of installments for the payment of property taxes with respect to:
(1) real property that are based on the assessment of the property in the immediately preceding year; or
(2) a mobile home or manufactured home that is not assessed as real property that are based on the assessment of the property in the current year.
The county fiscal body (as defined in IC 36-1-2-6) must approve a petition under this subsection.
(c) The department of local government finance:
(1) may not establish a date for:
(A) an installment payment that is earlier than May 10 of the year in which the tax statement is mailed or transmitted;
(B) the first installment payment that is later than November 10 of the year in which the tax statement is mailed or transmitted; or
(C) the last installment payment that is later than May 10 of the year immediately following the year in which the tax statement is mailed or transmitted; and
(2) shall:
(A) prescribe the form of the petition under subsection (b);
(B) determine the information required on the form; and
(C) notify the county fiscal body, the county auditor, and the county treasurer of the department's determination on the petition not later than twenty (20) days after receiving the petition.
(d) Revenue from property taxes paid under this section in the year immediately following the year in which the tax statement is mailed or transmitted under section 8.1 of this chapter:
(1) is not considered in the determination of a levy excess under IC 6-1.1-18.5-17 or IC 20-44-3 for the year in which the property taxes are paid; and
(2) may be:
(A) used to repay temporary loans entered into by a political subdivision for; and
(B) expended for any other reason by a political subdivision in the year the revenue is received under an appropriation from;
the year in which the tax statement is mailed or transmitted under section 8.1 of this chapter.
As added by P.L.1-2004, SEC.36 and P.L.23-2004, SEC.39. Amended by P.L.67-2006, SEC.8; P.L.2-2006, SEC.65; P.L.1-2007, SEC.48; P.L.3-2008, SEC.57; P.L.146-2008, SEC.253.
2023 Indiana Code › Title 6. Taxation › Article 1.1. Property Taxes › Chapter 22. General Procedures for Property Tax Collection › 6-1.1-22-9.9. Property Tax Payment Due Dates; Delayed Assessment Change

Sec. 9.9. If:
(1) the owner of the real property makes changes to the real property described in IC 6-1.1-5-15(a);
(2) the owner of the real property complies with IC 6-1.1-5-15(a) or IC 6-1.1-5-15(b), as applicable; and
(3) the assessing officials responsible for assessing the real property subsequently fail to make a correct assessment of the real property in one (1) or more years by failing to take the changes described in subdivision (1) into account;
when the assessing officials responsible for assessing the real property make a correct assessment of the real property after taking the changes described in subdivision (1) into account, the owner may pay the amount due for the property taxes attributable to these changes in the assessment over the same number of years that match the number of years that the assessing officials took to make the correct assessment.
As added by P.L.218-2013, SEC.13.