IC 6-1.1-9
    Chapter 9. Assessment of Omitted or Undervalued TangibleProperty

IC 6-1.1-9-1
Notice to taxpayers
    Sec. 1. If a township assessor (if any), county assessor, or countyproperty tax assessment board of appeals believes that any taxabletangible property has been omitted from or undervalued on theassessment rolls or the tax duplicate for any year or years, the officialor board shall give written notice under IC 6-1.1-3-20 orIC 6-1.1-4-22 of the assessment or increase in assessment. The noticeshall contain a general description of the property and a statementdescribing the taxpayer's right to a review with the county propertytax 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 tangibleproperty is assessed or its assessed valuation is increased, the boardor official who makes the adjustment shall file with the countyauditor 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 fraudulentfiling
    Sec. 3. (a) If a taxpayer files a personal property return for aparticular year, personal property which is omitted from orundervalued on the return may be assessed, or its assessed value maybe increased, only if the notice required under section 1 of thischapter is given within three (3) years after the date the return isfiled. However, if the taxpayer's personal property return for aparticular year substantially complies with the provisions of thisarticle and the regulations of the department of local governmentfinance, an assessing official or a county property tax assessmentboard of appeals may change the assessed value claimed by thetaxpayer on the return only within the time period prescribed inIC 6-1.1-16-1.
    (b) If a taxpayer fails to file a personal property return for aparticular year, the taxpayer's personal property may be assessed forthat year only if the notice required by section 1 of this chapter isgiven within ten (10) years after the date on which the return for thatyear 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 propertytaxes, 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; lienexemptions
    Sec. 4. (a) Real property may be assessed, or its assessed valueincreased, for a prior year under this chapter only if the noticerequired by section 1 of this chapter is given within three (3) yearsafter the assessment date for that prior year.
    (b) With respect to real property which is owned by a bona fidepurchaser without knowledge, no lien attaches for any property taxeswhich result from an assessment, or an increase in assessed value,made under this chapter for any period before his purchase of theproperty.
(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 countyauditor shall immediately make changes in the tax duplicate to reflectthe assessment adjustments made under this chapter. If a timelypetition for review is filed, the county auditor may not make thechanges until the adjustments are finally determined on review andappeal.
(Formerly: Acts 1975, P.L.47, SEC.1.)

IC 6-1.1-9-6
Discovering undervalued or omitted property; examination ofrecord
    Sec. 6. The county assessor shall obtain from the county auditoror the township assessors (if any) all returns for tangible propertymade by the township assessors of the county and all assessmentlists, schedules, statements, maps, and other books and papers filedwith the county auditor by the township assessors. For purposes ofdiscovering undervalued or omitted property, the county assessorshall carefully examine the county tax duplicates and all otherpertinent records and papers of the county auditor, treasurer,recorder, clerk, sheriff, and surveyor. The county assessor shall, inthe manner prescribed in this article, assess all omitted orundervalued 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 thusnecessary to examine any records, property, or persons situatedoutside the county, he shall inform the county board ofcommissioners of his belief. If the board is satisfied that theexamination is necessary, the board may direct the county assessorto conduct it. If the board so directs, the county assessor shall makethe examination. The board of commissioners shall pay the expensesincurred by the county assessor in making the examination if hesubmits an itemized statement of his expenses and a voucher for eachitem 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 financeis not necessary with respect to any assessment, or increase inassessed 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 personalproperty assessment under this chapter an assessing official or theassessing official's representative or contractor discovers an errorindicating that the taxpayer has overreported a personal propertyassessment, 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 ofIC 6-1.1-11-1.
As added by P.L.154-2006, SEC.9.