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Statutes > Indiana > Title6 > Ar1.1 > Ch9

IC 6-1.1-9

    

Chapter 9. Assessment of Omitted or Undervalued Tangible
Property

IC 6-1.1-9-1

Notice to taxpayers
    

Sec. 1. If a township assessor (if any), county assessor, or county
property tax assessment board of appeals believes that any taxable
tangible property has been omitted from or undervalued on the
assessment rolls or the tax duplicate for any year or years, the official
or board shall give written notice under IC 6-1.1-3-20 or
IC 6-1.1-4-22 of the assessment or increase in assessment. The notice
shall contain a general description of the property and a statement
describing the taxpayer's right to a review with the county property
tax assessment board of appeals under IC 6-1.1-15-1.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.41-1993,
SEC.7; P.L.6-1997, SEC.33; P.L.1-2004, SEC.12 and P.L.23-2004,
SEC.13; P.L.219-2007, SEC.23; P.L.146-2008, SEC.102.

IC 6-1.1-9-2

Adjustment statement; filing
    

Sec. 2. If under this chapter any omitted or undervalued tangible
property is assessed or its assessed valuation is increased, the board
or official who makes the adjustment shall file with the county
auditor a written statement which contains:
    (1) the reasons why the action was taken; and
    (2) the facts or evidence on which the reasons are based.
(Formerly: Acts 1975, P.L.47, SEC.1.)

IC 6-1.1-9-3

Increasing assessment; limitation; failure to file or fraudulent
filing
    

Sec. 3. (a) If a taxpayer files a personal property return for a
particular year, personal property which is omitted from or
undervalued on the return may be assessed, or its assessed value may
be increased, only if the notice required under section 1 of this
chapter is given within three (3) years after the date the return is
filed. However, if the taxpayer's personal property return for a
particular year substantially complies with the provisions of this
article and the regulations of the department of local government
finance, an assessing official or a county property tax assessment
board of appeals may change the assessed value claimed by the
taxpayer on the return only within the time period prescribed in
IC 6-1.1-16-1.
    (b) If a taxpayer fails to file a personal property return for a
particular year, the taxpayer's personal property may be assessed for
that year only if the notice required by section 1 of this chapter is
given within ten (10) years after the date on which the return for that
year should have been filed.
    (c) If a taxpayer files a fraudulent personal property return, or

fails to file a return with the intent to evade the payment of property
taxes, the assessment limitations prescribed in subsections (a) and (b)
do not apply.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.6-1997,
SEC.34; P.L.90-2002, SEC.97.

IC 6-1.1-9-4

Prior year assessments; notice; bona fide purchasers; lien
exemptions
    

Sec. 4. (a) Real property may be assessed, or its assessed value
increased, for a prior year under this chapter only if the notice
required by section 1 of this chapter is given within three (3) years
after the assessment date for that prior year.
    (b) With respect to real property which is owned by a bona fide
purchaser without knowledge, no lien attaches for any property taxes
which result from an assessment, or an increase in assessed value,
made under this chapter for any period before his purchase of the
property.
(Formerly: Acts 1975, P.L.47, SEC.1.)

IC 6-1.1-9-5

Petition for review; changing tax duplicate
    

Sec. 5. If a timely petition for review is not filed, the county
auditor shall immediately make changes in the tax duplicate to reflect
the assessment adjustments made under this chapter. If a timely
petition for review is filed, the county auditor may not make the
changes until the adjustments are finally determined on review and
appeal.
(Formerly: Acts 1975, P.L.47, SEC.1.)

IC 6-1.1-9-6

Discovering undervalued or omitted property; examination of
record
    

Sec. 6. The county assessor shall obtain from the county auditor
or the township assessors (if any) all returns for tangible property
made by the township assessors of the county and all assessment
lists, schedules, statements, maps, and other books and papers filed
with the county auditor by the township assessors. For purposes of
discovering undervalued or omitted property, the county assessor
shall carefully examine the county tax duplicates and all other
pertinent records and papers of the county auditor, treasurer,
recorder, clerk, sheriff, and surveyor. The county assessor shall, in
the manner prescribed in this article, assess all omitted or
undervalued tangible property which is subject to assessment.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.146-2008,
SEC.103.

IC 6-1.1-9-7

Examination of records; expenses
    

Sec. 7. If a county assessor believes that a taxpayer of his county

has not properly reported any personal property and that it is thus
necessary to examine any records, property, or persons situated
outside the county, he shall inform the county board of
commissioners of his belief. If the board is satisfied that the
examination is necessary, the board may direct the county assessor
to conduct it. If the board so directs, the county assessor shall make
the examination. The board of commissioners shall pay the expenses
incurred by the county assessor in making the examination if he
submits an itemized statement of his expenses and a voucher for each
item of expense.
(Formerly: Acts 1975, P.L.47, SEC.1.)

IC 6-1.1-9-8

Repealed

    (Repealed by P.L.41-1993, SEC.52.)

IC 6-1.1-9-9

Petition to department of local government finance not required
    

Sec. 9. A petition to the department of local government finance
is not necessary with respect to any assessment, or increase in
assessed valuation, which is made under this chapter.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.98.

IC 6-1.1-9-10

Correction of overreporting
    

Sec. 10. (a) If in the course of a review of a taxpayer's personal
property assessment under this chapter an assessing official or the
assessing official's representative or contractor discovers an error
indicating that the taxpayer has overreported a personal property
assessment, the assessing official shall:
        (1) adjust the personal property assessment to correct the error;
and
        (2) process a refund or credit for any resulting overpayment.
    (b) Application of subsection (a) is subject to the restrictions of
IC 6-1.1-11-1.
As added by P.L.154-2006, SEC.9.