CHAPTER 2. IMPOSITION OF TAX
IC 6-1.1-2
Chapter 2. Imposition of Tax
IC 6-1.1-2-1
Property subject to tax
Sec. 1. Except as otherwise provided by law, all tangible propertywhich is within the jurisdiction of this state on the assessment dateof a year is subject to assessment and taxation for that year.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-2-2
Assessment methods
Sec. 2. All tangible property which is subject to assessment shallbe assessed on a just valuation basis and in a uniform and equalmanner. Personal property which is subject to assessment andtaxation shall be assessed annually in the manner prescribed in thisarticle. Real property which is subject to assessment and taxationshall be assessed in the manner and at the times prescribed in thisarticle.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-2-3
Rate of tax; use of revenues
Sec. 3. The total tax rate to be imposed on each one hundreddollars ($100) of the assessed value of property shall be determinedin the manner provided by law. Property tax revenues shall be usedfor state expenditures and for the support of the political subdivisionsof this state.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-2-4
Liability for tax; assessment of improvement or appurtenanceseparately from land
Sec. 4. (a) The owner of any real property on the assessment dateof a year is liable for the taxes imposed for that year on the property,unless a person holding, possessing, controlling, or occupying anyreal property on the assessment date of a year is liable for the taxesimposed for that year on the property under a memorandum of leaseor other contract with the owner that is recorded with the countyrecorder before January 1, 1998. A person holding, possessing,controlling, or occupying any personal property on the assessmentdate of a year is liable for the taxes imposed for that year on theproperty unless:
(1) the person establishes that the property is being assessed andtaxed in the name of the owner; or
(2) the owner is liable for the taxes under a contract with thatperson.
When a person other than the owner pays any property taxes, asrequired by this section, that person may recover the amount paidfrom the owner, unless the parties have agreed to other terms in a
contract.
(b) An owner on the assessment date of a year of real propertythat has an improvement or appurtenance that is:
(1) assessed as real property; and
(2) owned, held, possessed, controlled, or occupied on theassessment date of a year by a person other than the owner ofthe land;
is jointly liable for the taxes imposed for the year on theimprovement or appurtenance with the person holding, possessing,controlling, or occupying the improvement or appurtenance on theassessment date.
(c) An improvement or appurtenance to land that, on theassessment date of a year, is held, possessed, controlled, or occupiedby a different person than the owner of the land may be listed andassessed separately from the land only if the improvement orappurtenance is held, possessed, controlled, or occupied under amemorandum of lease or other contract that is recorded with thecounty recorder before January 1, 1998.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1981,P.L.63, SEC.1; P.L.51-1997, SEC.1.
IC 6-1.1-2-5
Partnership property
Sec. 5. The tangible property of a partnership shall be listed andassessed in the firm name. Each partner is jointly and severally liablefor the property taxes so assessed.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-2-6
Repealed
(Repealed by P.L.1-1990, SEC.65.)
IC 6-1.1-2-7
Exempt property
Sec. 7. (a) As used in this section, "nonbusiness personalproperty" means personal property that is not:
(1) held for sale in the ordinary course of a trade or business;
(2) held, used, or consumed in connection with the productionof income; or
(3) held as an investment.
(b) The following property is not subject to assessment andtaxation under this article:
(1) A commercial vessel that is subject to the net tonnage taximposed under IC 6-6-6.
(2) A motor vehicle that is subject to the annual license excisetax imposed under IC 6-6-5.
(3) A motorized boat or sailboat that is subject to the boatexcise tax imposed under IC 6-6-11.
(4) Property used by a cemetery (as defined in IC 23-14-33-7)if the cemetery: (A) does not have a board of directors, board of trustees, orother governing authority other than the state or a politicalsubdivision; and
(B) has had no business transaction during the precedingcalendar year.
(5) A commercial vehicle that is subject to the annual excise taximposed under IC 6-6-5.5.
(6) Inventory.
(7) A recreational vehicle or truck camper that is subject to theannual excise tax imposed under IC 6-6-5.1.
(8) The following types of nonbusiness personal property:
(A) All-terrain vehicles.
(B) Snowmobiles.
(C) Rowboats, canoes, kayaks, and other human poweredboats.
(D) Invalid chairs.
(E) Yard and garden tractors.
(F) Trailers that are not subject to an excise tax under:
(i) IC 6-6-5-5.5;
(ii) IC 6-6-5.1; or
(iii) IC 6-6-5.5.
As added by P.L.1-1990, SEC.66. Amended by P.L.52-1997, SEC.1;P.L.181-1999, SEC.1; P.L.146-2008, SEC.50; P.L.131-2008, SEC.3;P.L.1-2009, SEC.27.