IC 6-1.1-12.6
Chapter 12.6. Deduction for Model Residence
IC 6-1.1-12.6-0.5 "Affiliated group"
Sec. 0.5. As used in this chapter, "affiliated group" means any
combination of the following:
(1) An affiliated group within the meaning provided in Section
1504 of the Internal Revenue Code (except that the ownership
percentage in Section 1504(a)(2) of the Internal Revenue Code
shall be determined using fifty percent (50%) instead of eighty
percent (80%)) or a relationship described in Section
267(b)(11) of the Internal Revenue Code.
(2) Two (2) or more partnerships (as defined in IC 6-3-1-19),
including limited liability companies and limited liability
partnerships, that have the same degree of mutual ownership as
an affiliated group described in subdivision (1), as determined
under the rules adopted by the department of local government
finance. As added by P.L.70-2008, SEC.1. Amended by P.L.1-2009, SEC.41.
IC 6-1.1-12.6-1 "Model residence"
Sec. 1. (a) As used in this chapter, "model residence" means real
property that consists of a single family residence, single family
townhouse, or single family condominium unit that:
(1) has never been occupied as a principal residence; and
(2) is used for display or demonstration to prospective buyers
or lessees for purposes of potential acquisition or lease of a
similar type of residence, townhouse, or condominium unit on:
(A) the same property; or
(B) other property.
(b) The term does not include any of the land on which the
residence, townhouse, or condominium unit is located.
(c) Real property described in subsection (a) that is used by the
owner as the owner's regular office space may not be considered a
model residence for purposes of this chapter. However, this
subsection does not prohibit the use of a garage or other space in the
real property:
(1) to store or display material used to promote the real property
or other similar properties; or
(2) as a space for meetings with prospective buyers or lessees. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-2 Applicability; amount of deduction; termination of deduction on
sale of residence
Sec. 2. (a) This section applies only to a model residence that is
first assessed as:
(1) a partially completed structure; or
(2) a fully completed structure;
for the assessment date in 2009 or a later year.
(b) Except as provided in subsection (c) and sections 4, 5, and 6
of this chapter, and subject to sections 7 and 8 of this chapter, an
owner of a model residence is entitled to a deduction from the
assessed value of the model residence in the amount of fifty percent
(50%) of the assessed value of the model residence for the following:
(1) Not more than one (1) assessment date for which the model
residence is assessed as a partially completed structure.
(2) The assessment date for which the model residence is first
assessed as a fully completed structure.
(3) The two (2) assessment dates that immediately succeed the
assessment date referred to in subdivision (2).
(c) A deduction allowed for a model residence under this chapter
for a particular assessment date is terminated if the model residence
is sold:
(1) after the assessment date of that year but before January 1
of the following year; and
(2) to a person who does not continue to use the real property
as a model residence.
The county auditor shall immediately mail notice of the termination
to the former owner, the property owner, and the township assessor.
The county auditor shall remove the deduction from the tax duplicate
and shall notify the county treasurer of the termination of the
deduction. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-2.1 Applicability; assessment date in 2008
Sec. 2.1. (a) This section applies only to a model residence that is
first assessed as:
(1) a partially completed structure; or
(2) a fully completed structure;
for the assessment date in 2008 and was still a model residence on
January 1, 2009.
(b) Except as provided in subsection (c) and sections 4, 5, and 6
of this chapter, and subject to sections 7 and 8 of this chapter, an
owner of a model residence is entitled to a deduction from the
assessed value of the model residence in the amount of fifty percent
(50%) of the assessed value of the model residence for the 2008
assessment date. A deduction under this section counts as a
deduction for an assessment date for purposes of section 2 of this
chapter.
(c) A property owner that qualifies for the deduction under this
section must file a statement containing the information required by
subsection (d) with the county auditor to claim the deduction for the
2008 assessment date in the manner prescribed in emergency rules,
which shall be adopted by the department of local government
finance under IC 4-22-2. The township assessor shall verify each
statement filed under this section, and the county auditor shall:
(1) make the deductions; and
(2) notify the county property tax assessment board of appeals
of all deductions approved;
under this section. If the property taxes due for the 2008 assessment
date have been paid, the person that paid the property taxes is
entitled to a refund of the amount that has been overpaid after
applying the deduction under this section. A property owner is not
required to apply for a refund due under this section. The county
auditor shall, without an appropriation being required, issue a
warrant to the property owner payable from the county general fund
for the amount of the refund due the property owner. In the June or
December settlement and apportionment of taxes, or both,
immediately following a refund made under this section the county
auditor shall deduct the amount refunded from the gross tax
collections of the taxing units for which the refunded taxes were
originally paid and shall pay the amount so deducted into the general
fund of the county. However, the county auditor shall make the
deductions and payments required by this subsection not later than
the December settlement and apportionment.
(d) The statement referred to in subsection (c) must be verified
under penalties for perjury and must contain the following
information:
(1) The assessed value of the real property for which the person
is claiming the deduction.
(2) The full name and complete business address of the person
claiming the deduction.
(3) The complete address and a brief description of the real
property for which the person is claiming the deduction.
(4) The name of any other county in which the person has
applied for a deduction under this section for that assessment
date.
(5) The complete address and a brief description of any other
real property for which the person has applied for a deduction
under this section for the 2008 assessment date.
(e) This section expires January 1, 2011. As added by P.L.167-2009, SEC.1.
IC 6-1.1-12.6-3 Statement to claim deduction and information required; filing
requirement; county auditor duties
Sec. 3. (a) A property owner that qualifies for the deduction under
this chapter must file a statement containing the information required
by subsection (b) with the county auditor to claim the deduction for
each assessment date for which the property owner wishes to receive
the deduction in the manner prescribed in rules adopted under section
9 of this chapter. The township assessor shall verify each statement
filed under this section, and the county auditor shall:
(1) make the deductions; and
(2) notify the county property tax assessment board of appeals
of all deductions approved;
under this section.
(b) The statement referred to in subsection (a) must be verified
under penalties for perjury and must contain the following
information:
(1) The assessed value of the real property for which the person
is claiming the deduction.
(2) The full name and complete business address of the person
claiming the deduction.
(3) The complete address and a brief description of the real
property for which the person is claiming the deduction.
(4) The name of any other county in which the person has
applied for a deduction under this chapter for that assessment
date.
(5) The complete address and a brief description of any other
real property for which the person has applied for a deduction
under this chapter for that assessment date. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-4 Limitation of deduction to three residences; procedure for
enforcement
Sec. 4. (a) Subject to section 8 of this chapter, a property owner
is entitled to a deduction under this chapter for an assessment date
for not more than three (3) model residences in Indiana.
(b) The auditor of a county (referred to in this section as the "first
county") with whom a statement is filed under section 3 of this
chapter shall immediately prepare and transmit a copy of the
statement to the auditor of any other county (referred to in this
section as the "second county") if the property owner that claims the
deduction owns or is buying a model residence located in the second
county.
(c) The county auditor of the second county shall note on the copy
of the statement whether the property owner has claimed a deduction
for the current year under section 3 of this chapter for a model
residence located in the second county. The county auditor shall then
return the copy of the statement to the auditor of the first county. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-5 Deduction inapplicable in allocation area
Sec. 5. A property owner may not receive a deduction under this
chapter with respect to a model residence located in an allocation
area (as defined in IC 6-1.1-21.2-3). As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-6 Prohibition against application of the deduction and a deduction
under another statute
Sec. 6. A property owner that qualifies for a deduction for a year
under this chapter and another statute with respect to the same model
residence may not receive a deduction under both statutes for the
model residence for that year. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-7 Application of the deduction on change of ownership
Sec. 7. (a) If ownership of the model residence changes:
(1) a new owner that continues to use the property as a model
residence may claim the deduction under this chapter; and
(2) the deduction may not be applied for an assessment date
other than the assessment dates to which the deduction could
have applied under section 2 of this chapter if ownership had
not changed.
(b) A person who owns a model residence and claims a deduction
under this chapter shall provide to the county auditor a notice that:
(1) informs the auditor of a transfer of the ownership of the
model residence; and
(2) indicates whether the new owner is eligible to receive a
deduction under this chapter.
The notice required by this subsection must be submitted to the
county auditor at the same time that a sales disclosure form is filed
under IC 6-1.1-5.5. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-8 Affiliated group limited to three deductions
Sec. 8. The aggregate number of deductions claimed under this
chapter for a particular assessment date by the owners of model
residences who are a part of an affiliated group may not exceed three
(3). As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-9 Adoption of rules by the department of local government finance
Sec. 9. The department of local government finance shall adopt
rules under IC 4-22-2 to implement this chapter. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6
Chapter 12.6. Deduction for Model Residence
IC 6-1.1-12.6-0.5 "Affiliated group"
Sec. 0.5. As used in this chapter, "affiliated group" means any
combination of the following:
(1) An affiliated group within the meaning provided in Section
1504 of the Internal Revenue Code (except that the ownership
percentage in Section 1504(a)(2) of the Internal Revenue Code
shall be determined using fifty percent (50%) instead of eighty
percent (80%)) or a relationship described in Section
267(b)(11) of the Internal Revenue Code.
(2) Two (2) or more partnerships (as defined in IC 6-3-1-19),
including limited liability companies and limited liability
partnerships, that have the same degree of mutual ownership as
an affiliated group described in subdivision (1), as determined
under the rules adopted by the department of local government
finance. As added by P.L.70-2008, SEC.1. Amended by P.L.1-2009, SEC.41.
IC 6-1.1-12.6-1 "Model residence"
Sec. 1. (a) As used in this chapter, "model residence" means real
property that consists of a single family residence, single family
townhouse, or single family condominium unit that:
(1) has never been occupied as a principal residence; and
(2) is used for display or demonstration to prospective buyers
or lessees for purposes of potential acquisition or lease of a
similar type of residence, townhouse, or condominium unit on:
(A) the same property; or
(B) other property.
(b) The term does not include any of the land on which the
residence, townhouse, or condominium unit is located.
(c) Real property described in subsection (a) that is used by the
owner as the owner's regular office space may not be considered a
model residence for purposes of this chapter. However, this
subsection does not prohibit the use of a garage or other space in the
real property:
(1) to store or display material used to promote the real property
or other similar properties; or
(2) as a space for meetings with prospective buyers or lessees. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-2 Applicability; amount of deduction; termination of deduction on
sale of residence
Sec. 2. (a) This section applies only to a model residence that is
first assessed as:
(1) a partially completed structure; or
(2) a fully completed structure;
for the assessment date in 2009 or a later year.
(b) Except as provided in subsection (c) and sections 4, 5, and 6
of this chapter, and subject to sections 7 and 8 of this chapter, an
owner of a model residence is entitled to a deduction from the
assessed value of the model residence in the amount of fifty percent
(50%) of the assessed value of the model residence for the following:
(1) Not more than one (1) assessment date for which the model
residence is assessed as a partially completed structure.
(2) The assessment date for which the model residence is first
assessed as a fully completed structure.
(3) The two (2) assessment dates that immediately succeed the
assessment date referred to in subdivision (2).
(c) A deduction allowed for a model residence under this chapter
for a particular assessment date is terminated if the model residence
is sold:
(1) after the assessment date of that year but before January 1
of the following year; and
(2) to a person who does not continue to use the real property
as a model residence.
The county auditor shall immediately mail notice of the termination
to the former owner, the property owner, and the township assessor.
The county auditor shall remove the deduction from the tax duplicate
and shall notify the county treasurer of the termination of the
deduction. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-2.1 Applicability; assessment date in 2008
Sec. 2.1. (a) This section applies only to a model residence that is
first assessed as:
(1) a partially completed structure; or
(2) a fully completed structure;
for the assessment date in 2008 and was still a model residence on
January 1, 2009.
(b) Except as provided in subsection (c) and sections 4, 5, and 6
of this chapter, and subject to sections 7 and 8 of this chapter, an
owner of a model residence is entitled to a deduction from the
assessed value of the model residence in the amount of fifty percent
(50%) of the assessed value of the model residence for the 2008
assessment date. A deduction under this section counts as a
deduction for an assessment date for purposes of section 2 of this
chapter.
(c) A property owner that qualifies for the deduction under this
section must file a statement containing the information required by
subsection (d) with the county auditor to claim the deduction for the
2008 assessment date in the manner prescribed in emergency rules,
which shall be adopted by the department of local government
finance under IC 4-22-2. The township assessor shall verify each
statement filed under this section, and the county auditor shall:
(1) make the deductions; and
(2) notify the county property tax assessment board of appeals
of all deductions approved;
under this section. If the property taxes due for the 2008 assessment
date have been paid, the person that paid the property taxes is
entitled to a refund of the amount that has been overpaid after
applying the deduction under this section. A property owner is not
required to apply for a refund due under this section. The county
auditor shall, without an appropriation being required, issue a
warrant to the property owner payable from the county general fund
for the amount of the refund due the property owner. In the June or
December settlement and apportionment of taxes, or both,
immediately following a refund made under this section the county
auditor shall deduct the amount refunded from the gross tax
collections of the taxing units for which the refunded taxes were
originally paid and shall pay the amount so deducted into the general
fund of the county. However, the county auditor shall make the
deductions and payments required by this subsection not later than
the December settlement and apportionment.
(d) The statement referred to in subsection (c) must be verified
under penalties for perjury and must contain the following
information:
(1) The assessed value of the real property for which the person
is claiming the deduction.
(2) The full name and complete business address of the person
claiming the deduction.
(3) The complete address and a brief description of the real
property for which the person is claiming the deduction.
(4) The name of any other county in which the person has
applied for a deduction under this section for that assessment
date.
(5) The complete address and a brief description of any other
real property for which the person has applied for a deduction
under this section for the 2008 assessment date.
(e) This section expires January 1, 2011. As added by P.L.167-2009, SEC.1.
IC 6-1.1-12.6-3 Statement to claim deduction and information required; filing
requirement; county auditor duties
Sec. 3. (a) A property owner that qualifies for the deduction under
this chapter must file a statement containing the information required
by subsection (b) with the county auditor to claim the deduction for
each assessment date for which the property owner wishes to receive
the deduction in the manner prescribed in rules adopted under section
9 of this chapter. The township assessor shall verify each statement
filed under this section, and the county auditor shall:
(1) make the deductions; and
(2) notify the county property tax assessment board of appeals
of all deductions approved;
under this section.
(b) The statement referred to in subsection (a) must be verified
under penalties for perjury and must contain the following
information:
(1) The assessed value of the real property for which the person
is claiming the deduction.
(2) The full name and complete business address of the person
claiming the deduction.
(3) The complete address and a brief description of the real
property for which the person is claiming the deduction.
(4) The name of any other county in which the person has
applied for a deduction under this chapter for that assessment
date.
(5) The complete address and a brief description of any other
real property for which the person has applied for a deduction
under this chapter for that assessment date. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-4 Limitation of deduction to three residences; procedure for
enforcement
Sec. 4. (a) Subject to section 8 of this chapter, a property owner
is entitled to a deduction under this chapter for an assessment date
for not more than three (3) model residences in Indiana.
(b) The auditor of a county (referred to in this section as the "first
county") with whom a statement is filed under section 3 of this
chapter shall immediately prepare and transmit a copy of the
statement to the auditor of any other county (referred to in this
section as the "second county") if the property owner that claims the
deduction owns or is buying a model residence located in the second
county.
(c) The county auditor of the second county shall note on the copy
of the statement whether the property owner has claimed a deduction
for the current year under section 3 of this chapter for a model
residence located in the second county. The county auditor shall then
return the copy of the statement to the auditor of the first county. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-5 Deduction inapplicable in allocation area
Sec. 5. A property owner may not receive a deduction under this
chapter with respect to a model residence located in an allocation
area (as defined in IC 6-1.1-21.2-3). As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-6 Prohibition against application of the deduction and a deduction
under another statute
Sec. 6. A property owner that qualifies for a deduction for a year
under this chapter and another statute with respect to the same model
residence may not receive a deduction under both statutes for the
model residence for that year. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-7 Application of the deduction on change of ownership
Sec. 7. (a) If ownership of the model residence changes:
(1) a new owner that continues to use the property as a model
residence may claim the deduction under this chapter; and
(2) the deduction may not be applied for an assessment date
other than the assessment dates to which the deduction could
have applied under section 2 of this chapter if ownership had
not changed.
(b) A person who owns a model residence and claims a deduction
under this chapter shall provide to the county auditor a notice that:
(1) informs the auditor of a transfer of the ownership of the
model residence; and
(2) indicates whether the new owner is eligible to receive a
deduction under this chapter.
The notice required by this subsection must be submitted to the
county auditor at the same time that a sales disclosure form is filed
under IC 6-1.1-5.5. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-8 Affiliated group limited to three deductions
Sec. 8. The aggregate number of deductions claimed under this
chapter for a particular assessment date by the owners of model
residences who are a part of an affiliated group may not exceed three
(3). As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-9 Adoption of rules by the department of local government finance
Sec. 9. The department of local government finance shall adopt
rules under IC 4-22-2 to implement this chapter. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6
Chapter 12.6. Deduction for Model Residence
IC 6-1.1-12.6-0.5 "Affiliated group"
Sec. 0.5. As used in this chapter, "affiliated group" means any
combination of the following:
(1) An affiliated group within the meaning provided in Section
1504 of the Internal Revenue Code (except that the ownership
percentage in Section 1504(a)(2) of the Internal Revenue Code
shall be determined using fifty percent (50%) instead of eighty
percent (80%)) or a relationship described in Section
267(b)(11) of the Internal Revenue Code.
(2) Two (2) or more partnerships (as defined in IC 6-3-1-19),
including limited liability companies and limited liability
partnerships, that have the same degree of mutual ownership as
an affiliated group described in subdivision (1), as determined
under the rules adopted by the department of local government
finance. As added by P.L.70-2008, SEC.1. Amended by P.L.1-2009, SEC.41.
IC 6-1.1-12.6-1 "Model residence"
Sec. 1. (a) As used in this chapter, "model residence" means real
property that consists of a single family residence, single family
townhouse, or single family condominium unit that:
(1) has never been occupied as a principal residence; and
(2) is used for display or demonstration to prospective buyers
or lessees for purposes of potential acquisition or lease of a
similar type of residence, townhouse, or condominium unit on:
(A) the same property; or
(B) other property.
(b) The term does not include any of the land on which the
residence, townhouse, or condominium unit is located.
(c) Real property described in subsection (a) that is used by the
owner as the owner's regular office space may not be considered a
model residence for purposes of this chapter. However, this
subsection does not prohibit the use of a garage or other space in the
real property:
(1) to store or display material used to promote the real property
or other similar properties; or
(2) as a space for meetings with prospective buyers or lessees. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-2 Applicability; amount of deduction; termination of deduction on
sale of residence
Sec. 2. (a) This section applies only to a model residence that is
first assessed as:
(1) a partially completed structure; or
(2) a fully completed structure;
for the assessment date in 2009 or a later year.
(b) Except as provided in subsection (c) and sections 4, 5, and 6
of this chapter, and subject to sections 7 and 8 of this chapter, an
owner of a model residence is entitled to a deduction from the
assessed value of the model residence in the amount of fifty percent
(50%) of the assessed value of the model residence for the following:
(1) Not more than one (1) assessment date for which the model
residence is assessed as a partially completed structure.
(2) The assessment date for which the model residence is first
assessed as a fully completed structure.
(3) The two (2) assessment dates that immediately succeed the
assessment date referred to in subdivision (2).
(c) A deduction allowed for a model residence under this chapter
for a particular assessment date is terminated if the model residence
is sold:
(1) after the assessment date of that year but before January 1
of the following year; and
(2) to a person who does not continue to use the real property
as a model residence.
The county auditor shall immediately mail notice of the termination
to the former owner, the property owner, and the township assessor.
The county auditor shall remove the deduction from the tax duplicate
and shall notify the county treasurer of the termination of the
deduction. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-2.1 Applicability; assessment date in 2008
Sec. 2.1. (a) This section applies only to a model residence that is
first assessed as:
(1) a partially completed structure; or
(2) a fully completed structure;
for the assessment date in 2008 and was still a model residence on
January 1, 2009.
(b) Except as provided in subsection (c) and sections 4, 5, and 6
of this chapter, and subject to sections 7 and 8 of this chapter, an
owner of a model residence is entitled to a deduction from the
assessed value of the model residence in the amount of fifty percent
(50%) of the assessed value of the model residence for the 2008
assessment date. A deduction under this section counts as a
deduction for an assessment date for purposes of section 2 of this
chapter.
(c) A property owner that qualifies for the deduction under this
section must file a statement containing the information required by
subsection (d) with the county auditor to claim the deduction for the
2008 assessment date in the manner prescribed in emergency rules,
which shall be adopted by the department of local government
finance under IC 4-22-2. The township assessor shall verify each
statement filed under this section, and the county auditor shall:
(1) make the deductions; and
(2) notify the county property tax assessment board of appeals
of all deductions approved;
under this section. If the property taxes due for the 2008 assessment
date have been paid, the person that paid the property taxes is
entitled to a refund of the amount that has been overpaid after
applying the deduction under this section. A property owner is not
required to apply for a refund due under this section. The county
auditor shall, without an appropriation being required, issue a
warrant to the property owner payable from the county general fund
for the amount of the refund due the property owner. In the June or
December settlement and apportionment of taxes, or both,
immediately following a refund made under this section the county
auditor shall deduct the amount refunded from the gross tax
collections of the taxing units for which the refunded taxes were
originally paid and shall pay the amount so deducted into the general
fund of the county. However, the county auditor shall make the
deductions and payments required by this subsection not later than
the December settlement and apportionment.
(d) The statement referred to in subsection (c) must be verified
under penalties for perjury and must contain the following
information:
(1) The assessed value of the real property for which the person
is claiming the deduction.
(2) The full name and complete business address of the person
claiming the deduction.
(3) The complete address and a brief description of the real
property for which the person is claiming the deduction.
(4) The name of any other county in which the person has
applied for a deduction under this section for that assessment
date.
(5) The complete address and a brief description of any other
real property for which the person has applied for a deduction
under this section for the 2008 assessment date.
(e) This section expires January 1, 2011. As added by P.L.167-2009, SEC.1.
IC 6-1.1-12.6-3 Statement to claim deduction and information required; filing
requirement; county auditor duties
Sec. 3. (a) A property owner that qualifies for the deduction under
this chapter must file a statement containing the information required
by subsection (b) with the county auditor to claim the deduction for
each assessment date for which the property owner wishes to receive
the deduction in the manner prescribed in rules adopted under section
9 of this chapter. The township assessor shall verify each statement
filed under this section, and the county auditor shall:
(1) make the deductions; and
(2) notify the county property tax assessment board of appeals
of all deductions approved;
under this section.
(b) The statement referred to in subsection (a) must be verified
under penalties for perjury and must contain the following
information:
(1) The assessed value of the real property for which the person
is claiming the deduction.
(2) The full name and complete business address of the person
claiming the deduction.
(3) The complete address and a brief description of the real
property for which the person is claiming the deduction.
(4) The name of any other county in which the person has
applied for a deduction under this chapter for that assessment
date.
(5) The complete address and a brief description of any other
real property for which the person has applied for a deduction
under this chapter for that assessment date. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-4 Limitation of deduction to three residences; procedure for
enforcement
Sec. 4. (a) Subject to section 8 of this chapter, a property owner
is entitled to a deduction under this chapter for an assessment date
for not more than three (3) model residences in Indiana.
(b) The auditor of a county (referred to in this section as the "first
county") with whom a statement is filed under section 3 of this
chapter shall immediately prepare and transmit a copy of the
statement to the auditor of any other county (referred to in this
section as the "second county") if the property owner that claims the
deduction owns or is buying a model residence located in the second
county.
(c) The county auditor of the second county shall note on the copy
of the statement whether the property owner has claimed a deduction
for the current year under section 3 of this chapter for a model
residence located in the second county. The county auditor shall then
return the copy of the statement to the auditor of the first county. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-5 Deduction inapplicable in allocation area
Sec. 5. A property owner may not receive a deduction under this
chapter with respect to a model residence located in an allocation
area (as defined in IC 6-1.1-21.2-3). As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-6 Prohibition against application of the deduction and a deduction
under another statute
Sec. 6. A property owner that qualifies for a deduction for a year
under this chapter and another statute with respect to the same model
residence may not receive a deduction under both statutes for the
model residence for that year. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-7 Application of the deduction on change of ownership
Sec. 7. (a) If ownership of the model residence changes:
(1) a new owner that continues to use the property as a model
residence may claim the deduction under this chapter; and
(2) the deduction may not be applied for an assessment date
other than the assessment dates to which the deduction could
have applied under section 2 of this chapter if ownership had
not changed.
(b) A person who owns a model residence and claims a deduction
under this chapter shall provide to the county auditor a notice that:
(1) informs the auditor of a transfer of the ownership of the
model residence; and
(2) indicates whether the new owner is eligible to receive a
deduction under this chapter.
The notice required by this subsection must be submitted to the
county auditor at the same time that a sales disclosure form is filed
under IC 6-1.1-5.5. As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-8 Affiliated group limited to three deductions
Sec. 8. The aggregate number of deductions claimed under this
chapter for a particular assessment date by the owners of model
residences who are a part of an affiliated group may not exceed three
(3). As added by P.L.70-2008, SEC.1.
IC 6-1.1-12.6-9 Adoption of rules by the department of local government finance
Sec. 9. The department of local government finance shall adopt
rules under IC 4-22-2 to implement this chapter. As added by P.L.70-2008, SEC.1.
