IC 6-1.1-5.5-1 "Conveyance" defined
Sec. 1. As used in this chapter, "conveyance" means any transfer
of a real property interest for valuable consideration. As added by P.L.63-1993, SEC.1. Amended by P.L.144-2008, SEC.1.
IC 6-1.1-5.5-2 "Conveyance document" defined
Sec. 2. (a) As used in this chapter, "conveyance document" means
any of the following:
(1) Any of the following that purports to transfer a real property
interest for valuable consideration:
(A) A document.
(B) A deed.
(C) A contract of sale.
(D) An agreement.
(E) A judgment.
(F) A lease that includes the fee simple estate and is for a
period in excess of ninety (90) years.
(G) A quitclaim deed serving as a source of title.
(H) Another document presented for recording.
(2) Documents for compulsory transactions as a result of
foreclosure or express threat of foreclosure, divorce, court
order, condemnation, or probate.
(3) Documents involving the partition of land between tenants
in common, joint tenants, or tenants by the entirety.
(b) The term does not include the following:
(1) Security interest documents such as mortgages and trust
deeds.
(2) Leases that are for a term of less than ninety (90) years.
(3) Agreements and other documents for mergers,
consolidations, and incorporations involving solely nonlisted
stock.
(4) Quitclaim deeds not serving as a source of title.
(5) Public utility or governmental easements or rights-of-way. As added by P.L.63-1993, SEC.1. Amended by P.L.144-2008, SEC.2;
P.L.182-2009(ss), SEC.90.
IC 6-1.1-5.5-3 Sales disclosure form filing and review process; forwarding and
use of forms; confidential information; conveyance of multiple
parcels
Sec. 3. (a) For purposes of this section, "party" includes:
(1) a seller of property that is exempt under the seller's
ownership; or
(2) a purchaser of property that is exempt under the purchaser's
ownership;
from property taxes under IC 6-1.1-10.
(b) Subject to subsections (g) and (h), before filing a conveyance
document with the county auditor under IC 6-1.1-5-4, all the parties
to the conveyance must do the following:
(1) Complete and sign a sales disclosure form as prescribed by
the department of local government finance under section 5 of
this chapter. All the parties may sign one (1) form, or if all the
parties do not agree on the information to be included on the
completed form, each party may sign and file a separate form.
For conveyance transactions involving more than two (2)
parties, one (1) transferor and one (1) transferee signing the
sales disclosure form is sufficient.
(2) Before filing a sales disclosure form with the county auditor,
submit the sales disclosure form to the county assessor. The
county assessor must review the accuracy and completeness of
each sales disclosure form submitted immediately upon receipt
of the form and, if the form is accurate and complete, stamp or
otherwise approve the form as eligible for filing with the county
auditor and return the form to the appropriate party for filing
with the county auditor. If multiple forms are filed in a short
period, the county assessor shall process the forms as quickly as
possible. For purposes of this subdivision, a sales disclosure
form is considered to be accurate and complete if:
(A) the county assessor does not have substantial evidence
when the form is reviewed under this subdivision that
information in the form is inaccurate; and
(B) both of the following conditions are satisfied:
(i) The form contains the information required by section
5(a)(1) through 5(a)(16) of this chapter as that section
applies to the conveyance transaction, subject to the
obligation of a party to furnish or correct that information
in the manner required by and subject to the penalty
provisions of section 12 of this chapter. The form may not
be rejected for failure to contain information other than
that required by section 5(a)(1) through 5(a)(16) of this
chapter.
(ii) The form is submitted to the county assessor in a
format usable to the county assessor.
(3) File the sales disclosure form with the county auditor.
(c) The auditor shall review each sales disclosure form and
process any deduction for which the form serves as an application
under IC 6-1.1-12-44. The auditor shall forward each sales disclosure
form to the county assessor. The county assessor shall verify the
assessed valuation of the property for the assessment date to which
the application applies and transmit that assessed valuation to the
auditor. The county assessor shall retain the forms for five (5) years.
The county assessor shall forward the sales disclosure form data to
the department of local government finance and the legislative
services agency in an electronic format specified jointly by the
department of local government finance and the legislative services
agency. The county assessor shall forward a copy of the sales
disclosure forms to the township assessors in the county. The forms
may be used by the county assessing officials, the department of
local government finance, and the legislative services agency for the
purposes established in IC 6-1.1-4-13.6, sales ratio studies,
equalization, adoption of rules under IC 6-1.1-31-3 and
IC 6-1.1-31-6, and any other authorized purpose.
(d) In a county containing a consolidated city, the auditor shall
review each sales disclosure form and process any deduction for
which the form serves as an application under IC 6-1.1-12-44. The
auditor shall forward the sales disclosure form to the appropriate
township assessor (if any). The township assessor shall verify the
assessed valuation of the property for the assessment date to which
the application applies and transmit that assessed valuation to the
auditor. The township or county assessor shall forward the sales
disclosure form to the department of local government finance and
the legislative services agency in an electronic format specified
jointly by the department of local government finance and the
legislative services agency. The forms may be used by the county
assessing officials, the county auditor, the department of local
government finance, and the legislative services agency for the
purposes established in IC 6-1.1-4-13.6, sales ratio studies,
equalization, adoption of rules under IC 6-1.1-31-3 and
IC 6-1.1-31-6, and any other authorized purpose.
(e) If a sales disclosure form includes the telephone number or
Social Security number of a party, the telephone number or Social
Security number is confidential.
(f) County assessing officials, county auditors, and other local
officials may not establish procedures or requirements concerning
sales disclosure forms that substantially differ from the procedures
and requirements of this chapter.
(g) Except as provided in subsection (h), a separate sales
disclosure form is required for each parcel conveyed, regardless of
whether more than one (1) parcel is conveyed under a single
conveyance document.
(h) Only one (1) sales disclosure form is required for the
conveyance under a single conveyance document of two (2) or more
contiguous parcels located entirely within a single taxing district. As added by P.L.63-1993, SEC.1. Amended by P.L.6-1997, SEC.26;
P.L.89-2001, SEC.2; P.L.90-2002, SEC.52; P.L.245-2003, SEC.6;
P.L.1-2004, SEC.9 and P.L.23-2004, SEC.10; P.L.64-2004, SEC.1;
P.L.228-2005, SEC.16; P.L.219-2007, SEC.16; P.L.144-2008,
SEC.3; P.L.146-2008, SEC.94; P.L.1-2009, SEC.28.
IC 6-1.1-5.5-4 Filing fee; exceptions; distribution of revenue
Sec. 4. (a) Except as provided in subsection (b), a person filing a
sales disclosure form under this chapter shall pay a fee of ten dollars
($10) to the county auditor.
(b) No fee is due and payable under subsection (a) if the
conveyance to which the sales disclosure form filing applies is either
or both of the following:
(1) To a charity.
(2) Under a conveyance document described in section 2(a)(2)
or 2(a)(3) of this chapter.
(c) Fifty percent (50%) of the revenue collected under this section
and section 12 of this chapter shall be deposited in the county sales
disclosure fund established under section 4.5 of this chapter. Fifty
percent (50%) of the revenue shall be transferred to the state
treasurer for deposit in the state assessment training fund established
under section 4.7 of this chapter. As added by P.L.63-1993, SEC.1. Amended by P.L.198-2001,
SEC.21; P.L.178-2002, SEC.10; P.L.144-2008, SEC.4.
IC 6-1.1-5.5-4.5 Sales disclosure funds
Sec. 4.5. (a) The fiscal body of each county shall establish a sales
disclosure fund. The county auditor shall deposit into the fund the
money received under section 4 of this chapter. Money in the sales
disclosure fund may be expended only for:
(1) administration of this chapter;
(2) verification of the information contained on a sales
disclosure form;
(3) training of assessing officials; or
(4) purchasing computer software or hardware for a property
record system.
(b) The county fiscal body shall appropriate the money in the
sales disclosure fund for the purposes stated in subsection (a) based
on requests by assessing officials in the county. As added by P.L.198-2001, SEC.22.
IC 6-1.1-5.5-4.7 Establishment of assessment training and administration fund;
permitted uses; investment by treasurer of state; no reversion to
state general fund
Sec. 4.7. (a) The assessment training and administration fund is
established for the purpose of receiving fees deposited under section
4 of this chapter. Money in the fund may be used by:
(1) the department of local government finance:
(A) to cover expenses incurred in the development and
administration of programs for the training of assessment
officials and employees of the department, including the
examination and certification program required by
IC 6-1.1-35.5; and
(B) for data base management expenses; or
(2) the Indiana board to:
(A) conduct appeal activities; or
(B) pay for appeal services.
(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(c) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. As added by P.L.198-2001, SEC.23. Amended by P.L.90-2002,
SEC.53; P.L.1-2004, SEC.10; P.L.23-2004, SEC.11; P.L.2-2005,
SEC.17; P.L.228-2005, SEC.17; P.L.182-2009(ss), SEC.91.
IC 6-1.1-5.5-5 Information required in form; exception
Revisor's Note: P.L.75-2009, SEC.5 required the printing of this
section as follows.
Sec. 5. (a) The department of local government finance shall
prescribe a sales disclosure form for use under this chapter. The form
prescribed by the department of local government finance must
include at least the following information:
(1) The key number (as defined in IC 6-1.1-1-8.5) of each
parcel.
(2) With respect to each parcel, whether the entire parcel is
being conveyed.
(3) The address of each improved parcel.
(4) The date of the execution of the form.
(5) The date the property was transferred.
(6) Whether the transfer includes an interest in land or
improvements, or both.
(7) Whether the transfer includes personal property.
(8) An estimate of the value of any personal property included
in the transfer.
(9) The name, address, and telephone number of:
(A) each transferor and transferee; and
(B) the person that prepared the form.
(10) The mailing address to which the property tax bills or other
official correspondence should be sent.
(11) The ownership interest transferred.
(12) The classification of the property (as residential,
commercial, industrial, agricultural, vacant land, or other).
(13) Subject to subsection (c), the total price actually paid or
required to be paid in exchange for the conveyance, whether in
terms of money, property, a service, an agreement, or other
consideration, but excluding tax payments and payments for
legal and other services that are incidental to the conveyance.
(14) The terms of seller provided financing, such as interest
rate, points, type of loan, amount of loan, and amortization
period, and whether the borrower is personally liable for
repayment of the loan.
(15) Any family or business relationship existing between the
transferor and the transferee.
(16) A legal description of each parcel subject to the
conveyance.
(17) Whether the transferee is using the form to claim one (1)
or more deductions under IC 6-1.1-12-44 for property taxes first
due and payable in a calendar year after 2008.
(18) If the transferee uses the form to claim the standard
deduction under IC 6-1.1-12-37, the information required for a
standard deduction under IC 6-1.1-12-37.
(19) Sufficient instructions and information to permit a party to
terminate a standard deduction under IC 6-1.1-12-37 on any
parcel of property on which the party or the spouse of the party
will no longer be eligible for the standard deduction under
IC 6-1.1-12-37 after the party or the party's spouse begins to
reside at the property that is the subject of the sales disclosure
form, including an explanation of the tax consequences and
applicable penalties if a party unlawfully claims a standard
deduction under IC 6-1.1-12-37.
(20) Other information as required by the department of local
government finance to carry out this chapter.
If a form under this section includes the telephone number or part or
all of the Social Security number of a party, the telephone number or
the Social Security number is confidential.
(b) The instructions for completing the form described in
subsection (a) must include the information described in
IC 6-1.1-12-43(c)(1).
(c) If the conveyance includes more than one (1) parcel as
described in section 3(h) of this chapter, the form:
(1) is not required to include the price referred to in subsection
(a)(13) for each of the parcels subject to the conveyance; and
(2) may state a single combined price for all of those parcels. As added by P.L.63-1993, SEC.1. Amended by P.L.90-2002, SEC.54;
P.L.64-2004, SEC.2; P.L.228-2005, SEC.18; P.L.154-2006, SEC.3;
P.L.144-2008, SEC.5; P.L.75-2009, SEC.1; P.L.87-2009, SEC.1.
IC 6-1.1-5.5-6 Acceptance of form by county auditor; requirements for recording
Sec. 6. (a) The county auditor may not accept a conveyance
document if:
(1) the sales disclosure form signed by all the parties and
attested as required under section 9 of this chapter is not
included with the document; or
(2) the sales disclosure form does not contain the information
required by section 5(a)(1) through 5(a)(16) of this chapter as
that section applies to the conveyance, subject to the obligation
of a party to furnish or correct the information in the manner
required by and subject to the penalty provisions of section 12
of this chapter.
(b) The county recorder shall not record a conveyance document
without evidence that the parties have filed with the county auditor
a sales disclosure form approved by the county assessor as eligible
for filing under section 3(b)(2) of this chapter. As added by P.L.63-1993, SEC.1. Amended by P.L.6-1997, SEC.27;
P.L.154-2006, SEC.4; P.L.144-2008, SEC.6. IC 6-1.1-5.5-7
Repealed
(Repealed by P.L.6-1997, SEC.239.)
IC 6-1.1-5.5-8
Repealed
(Repealed by P.L.89-2001, SEC.8.)
IC 6-1.1-5.5-9 Sales disclosure form; attestation
Sec. 9. A person who signs a sales disclosure form shall attest in
writing and under penalties of perjury that to the best of the person's
knowledge and belief the information contained in the sales
disclosure form is true and correct. As added by P.L.63-1993, SEC.1.
IC 6-1.1-5.5-10 Criminal penalties and infractions
Sec. 10. (a) A person who knowingly and intentionally:
(1) falsifies the value of transferred real property; or
(2) omits or falsifies any information required to be provided in
the sales disclosure form;
commits a Class C felony.
(b) A public official who knowingly and intentionally accepts:
(1) a sales disclosure document for filing that:
(A) falsifies the value of transferred real property; or
(B) omits or falsifies any information required to be
provided in the sales disclosure form; or
(2) a conveyance document for recording in violation of section
6 of this chapter;
commits a Class A infraction. As added by P.L.63-1993, SEC.1. Amended by P.L.6-1997, SEC.28;
P.L.178-2002, SEC.11; P.L.144-2008, SEC.7.
IC 6-1.1-5.5-11
Repealed
(Repealed by P.L.6-1997, SEC.239.)
IC 6-1.1-5.5-12 Civil penalties
Sec. 12. (a) A party to a conveyance who:
(1) either:
(A) files a sales disclosure form that does not contain all of
the information required by this chapter; or
(B) files a sales disclosure form that contains inaccurate
information;
and receives from the township assessor (in a county containing
a consolidated city) or the county assessor (in any other county)
written notice of the problems described in clause (A) or (B);
and
(2) fails to file a correct sales disclosure form that fully
complies with all requirements of this chapter within thirty (30)
days after the date of the notice under subdivision (1);
is subject to a penalty in the amount determined under subsection (b).
(b) The amount of the penalty under subsection (a) is the greater
of:
(1) one hundred dollars ($100); or
(2) twenty-five thousandths percent (0.025%) of the sale price
of the real property transferred under the conveyance document.
(c) The township assessor in a county containing a consolidated
city, or the county assessor in any other county, shall:
(1) determine the penalty imposed under this section;
(2) assess the penalty to the party to a conveyance; and
(3) notify the party to the conveyance that the penalty is payable
not later than thirty (30) days after notice of the assessment.
(d) The county auditor shall:
(1) collect the penalty imposed under this section;
(2) deposit penalty collections as required under section 4 of
this chapter; and
(3) notify the county prosecuting attorney of delinquent
payments.
(e) The county prosecuting attorney shall initiate an action to
recover a delinquent penalty under this section. In a successful action
against a person for a delinquent penalty, the court shall award the
county prosecuting attorney reasonable attorney's fees. As added by P.L.178-2002, SEC.12. Amended by P.L.144-2008,
SEC.8.
IC 6-1.1-5.5-13 Fee for filing sale disclosure form for certain sales; disposition of
fees; training of assessment officials; expiration of section
Sec. 13. (a) Notwithstanding section 4(a) of this chapter, a person
filing a sales disclosure form under this chapter with respect to a sale
of real property that occurs:
(1) after December 31, 2003; and
(2) before January 1, 2012;
shall pay a fee of ten dollars ($10) to the county auditor.
(b) Notwithstanding sections 4(b) and 12(d) of this chapter, fifty
percent (50%) of the revenue collected under:
(1) subsection (a); and
(2) section 12 of this chapter;
for the period referred to in subsection (a) shall be deposited in the
county sales disclosure fund established under section 4.5 of this
chapter. Ten percent (10%) of the revenue collected before July 1,
2005, shall be transferred to the treasurer of state for deposit in the
assessment training and administration fund established by section
4.7 of this chapter. Forty percent (40%) of the revenue collected
before July 1, 2005, shall be transferred to the treasurer of state for
deposit in the state general fund. Fifty percent (50%) of the revenue
collected after June 30, 2005, shall be transferred to the assessment
training and administration fund established by section 4.7 of this
chapter.
(c) The department of local government finance may provide
training of assessment officials and employees of the department
through the Indiana chapter of the International Association of
Assessing Officers on various dates and at various locations in
Indiana.
(d) This section expires January 1, 2012. As added by P.L.16-2009, SEC.13.
IC 6-1.1-5.5-1 "Conveyance" defined
Sec. 1. As used in this chapter, "conveyance" means any transfer
of a real property interest for valuable consideration. As added by P.L.63-1993, SEC.1. Amended by P.L.144-2008, SEC.1.
IC 6-1.1-5.5-2 "Conveyance document" defined
Sec. 2. (a) As used in this chapter, "conveyance document" means
any of the following:
(1) Any of the following that purports to transfer a real property
interest for valuable consideration:
(A) A document.
(B) A deed.
(C) A contract of sale.
(D) An agreement.
(E) A judgment.
(F) A lease that includes the fee simple estate and is for a
period in excess of ninety (90) years.
(G) A quitclaim deed serving as a source of title.
(H) Another document presented for recording.
(2) Documents for compulsory transactions as a result of
foreclosure or express threat of foreclosure, divorce, court
order, condemnation, or probate.
(3) Documents involving the partition of land between tenants
in common, joint tenants, or tenants by the entirety.
(b) The term does not include the following:
(1) Security interest documents such as mortgages and trust
deeds.
(2) Leases that are for a term of less than ninety (90) years.
(3) Agreements and other documents for mergers,
consolidations, and incorporations involving solely nonlisted
stock.
(4) Quitclaim deeds not serving as a source of title.
(5) Public utility or governmental easements or rights-of-way. As added by P.L.63-1993, SEC.1. Amended by P.L.144-2008, SEC.2;
P.L.182-2009(ss), SEC.90.
IC 6-1.1-5.5-3 Sales disclosure form filing and review process; forwarding and
use of forms; confidential information; conveyance of multiple
parcels
Sec. 3. (a) For purposes of this section, "party" includes:
(1) a seller of property that is exempt under the seller's
ownership; or
(2) a purchaser of property that is exempt under the purchaser's
ownership;
from property taxes under IC 6-1.1-10.
(b) Subject to subsections (g) and (h), before filing a conveyance
document with the county auditor under IC 6-1.1-5-4, all the parties
to the conveyance must do the following:
(1) Complete and sign a sales disclosure form as prescribed by
the department of local government finance under section 5 of
this chapter. All the parties may sign one (1) form, or if all the
parties do not agree on the information to be included on the
completed form, each party may sign and file a separate form.
For conveyance transactions involving more than two (2)
parties, one (1) transferor and one (1) transferee signing the
sales disclosure form is sufficient.
(2) Before filing a sales disclosure form with the county auditor,
submit the sales disclosure form to the county assessor. The
county assessor must review the accuracy and completeness of
each sales disclosure form submitted immediately upon receipt
of the form and, if the form is accurate and complete, stamp or
otherwise approve the form as eligible for filing with the county
auditor and return the form to the appropriate party for filing
with the county auditor. If multiple forms are filed in a short
period, the county assessor shall process the forms as quickly as
possible. For purposes of this subdivision, a sales disclosure
form is considered to be accurate and complete if:
(A) the county assessor does not have substantial evidence
when the form is reviewed under this subdivision that
information in the form is inaccurate; and
(B) both of the following conditions are satisfied:
(i) The form contains the information required by section
5(a)(1) through 5(a)(16) of this chapter as that section
applies to the conveyance transaction, subject to the
obligation of a party to furnish or correct that information
in the manner required by and subject to the penalty
provisions of section 12 of this chapter. The form may not
be rejected for failure to contain information other than
that required by section 5(a)(1) through 5(a)(16) of this
chapter.
(ii) The form is submitted to the county assessor in a
format usable to the county assessor.
(3) File the sales disclosure form with the county auditor.
(c) The auditor shall review each sales disclosure form and
process any deduction for which the form serves as an application
under IC 6-1.1-12-44. The auditor shall forward each sales disclosure
form to the county assessor. The county assessor shall verify the
assessed valuation of the property for the assessment date to which
the application applies and transmit that assessed valuation to the
auditor. The county assessor shall retain the forms for five (5) years.
The county assessor shall forward the sales disclosure form data to
the department of local government finance and the legislative
services agency in an electronic format specified jointly by the
department of local government finance and the legislative services
agency. The county assessor shall forward a copy of the sales
disclosure forms to the township assessors in the county. The forms
may be used by the county assessing officials, the department of
local government finance, and the legislative services agency for the
purposes established in IC 6-1.1-4-13.6, sales ratio studies,
equalization, adoption of rules under IC 6-1.1-31-3 and
IC 6-1.1-31-6, and any other authorized purpose.
(d) In a county containing a consolidated city, the auditor shall
review each sales disclosure form and process any deduction for
which the form serves as an application under IC 6-1.1-12-44. The
auditor shall forward the sales disclosure form to the appropriate
township assessor (if any). The township assessor shall verify the
assessed valuation of the property for the assessment date to which
the application applies and transmit that assessed valuation to the
auditor. The township or county assessor shall forward the sales
disclosure form to the department of local government finance and
the legislative services agency in an electronic format specified
jointly by the department of local government finance and the
legislative services agency. The forms may be used by the county
assessing officials, the county auditor, the department of local
government finance, and the legislative services agency for the
purposes established in IC 6-1.1-4-13.6, sales ratio studies,
equalization, adoption of rules under IC 6-1.1-31-3 and
IC 6-1.1-31-6, and any other authorized purpose.
(e) If a sales disclosure form includes the telephone number or
Social Security number of a party, the telephone number or Social
Security number is confidential.
(f) County assessing officials, county auditors, and other local
officials may not establish procedures or requirements concerning
sales disclosure forms that substantially differ from the procedures
and requirements of this chapter.
(g) Except as provided in subsection (h), a separate sales
disclosure form is required for each parcel conveyed, regardless of
whether more than one (1) parcel is conveyed under a single
conveyance document.
(h) Only one (1) sales disclosure form is required for the
conveyance under a single conveyance document of two (2) or more
contiguous parcels located entirely within a single taxing district. As added by P.L.63-1993, SEC.1. Amended by P.L.6-1997, SEC.26;
P.L.89-2001, SEC.2; P.L.90-2002, SEC.52; P.L.245-2003, SEC.6;
P.L.1-2004, SEC.9 and P.L.23-2004, SEC.10; P.L.64-2004, SEC.1;
P.L.228-2005, SEC.16; P.L.219-2007, SEC.16; P.L.144-2008,
SEC.3; P.L.146-2008, SEC.94; P.L.1-2009, SEC.28.
IC 6-1.1-5.5-4 Filing fee; exceptions; distribution of revenue
Sec. 4. (a) Except as provided in subsection (b), a person filing a
sales disclosure form under this chapter shall pay a fee of ten dollars
($10) to the county auditor.
(b) No fee is due and payable under subsection (a) if the
conveyance to which the sales disclosure form filing applies is either
or both of the following:
(1) To a charity.
(2) Under a conveyance document described in section 2(a)(2)
or 2(a)(3) of this chapter.
(c) Fifty percent (50%) of the revenue collected under this section
and section 12 of this chapter shall be deposited in the county sales
disclosure fund established under section 4.5 of this chapter. Fifty
percent (50%) of the revenue shall be transferred to the state
treasurer for deposit in the state assessment training fund established
under section 4.7 of this chapter. As added by P.L.63-1993, SEC.1. Amended by P.L.198-2001,
SEC.21; P.L.178-2002, SEC.10; P.L.144-2008, SEC.4.
IC 6-1.1-5.5-4.5 Sales disclosure funds
Sec. 4.5. (a) The fiscal body of each county shall establish a sales
disclosure fund. The county auditor shall deposit into the fund the
money received under section 4 of this chapter. Money in the sales
disclosure fund may be expended only for:
(1) administration of this chapter;
(2) verification of the information contained on a sales
disclosure form;
(3) training of assessing officials; or
(4) purchasing computer software or hardware for a property
record system.
(b) The county fiscal body shall appropriate the money in the
sales disclosure fund for the purposes stated in subsection (a) based
on requests by assessing officials in the county. As added by P.L.198-2001, SEC.22.
IC 6-1.1-5.5-4.7 Establishment of assessment training and administration fund;
permitted uses; investment by treasurer of state; no reversion to
state general fund
Sec. 4.7. (a) The assessment training and administration fund is
established for the purpose of receiving fees deposited under section
4 of this chapter. Money in the fund may be used by:
(1) the department of local government finance:
(A) to cover expenses incurred in the development and
administration of programs for the training of assessment
officials and employees of the department, including the
examination and certification program required by
IC 6-1.1-35.5; and
(B) for data base management expenses; or
(2) the Indiana board to:
(A) conduct appeal activities; or
(B) pay for appeal services.
(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(c) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. As added by P.L.198-2001, SEC.23. Amended by P.L.90-2002,
SEC.53; P.L.1-2004, SEC.10; P.L.23-2004, SEC.11; P.L.2-2005,
SEC.17; P.L.228-2005, SEC.17; P.L.182-2009(ss), SEC.91.
IC 6-1.1-5.5-5 Information required in form; exception
Revisor's Note: P.L.75-2009, SEC.5 required the printing of this
section as follows.
Sec. 5. (a) The department of local government finance shall
prescribe a sales disclosure form for use under this chapter. The form
prescribed by the department of local government finance must
include at least the following information:
(1) The key number (as defined in IC 6-1.1-1-8.5) of each
parcel.
(2) With respect to each parcel, whether the entire parcel is
being conveyed.
(3) The address of each improved parcel.
(4) The date of the execution of the form.
(5) The date the property was transferred.
(6) Whether the transfer includes an interest in land or
improvements, or both.
(7) Whether the transfer includes personal property.
(8) An estimate of the value of any personal property included
in the transfer.
(9) The name, address, and telephone number of:
(A) each transferor and transferee; and
(B) the person that prepared the form.
(10) The mailing address to which the property tax bills or other
official correspondence should be sent.
(11) The ownership interest transferred.
(12) The classification of the property (as residential,
commercial, industrial, agricultural, vacant land, or other).
(13) Subject to subsection (c), the total price actually paid or
required to be paid in exchange for the conveyance, whether in
terms of money, property, a service, an agreement, or other
consideration, but excluding tax payments and payments for
legal and other services that are incidental to the conveyance.
(14) The terms of seller provided financing, such as interest
rate, points, type of loan, amount of loan, and amortization
period, and whether the borrower is personally liable for
repayment of the loan.
(15) Any family or business relationship existing between the
transferor and the transferee.
(16) A legal description of each parcel subject to the
conveyance.
(17) Whether the transferee is using the form to claim one (1)
or more deductions under IC 6-1.1-12-44 for property taxes first
due and payable in a calendar year after 2008.
(18) If the transferee uses the form to claim the standard
deduction under IC 6-1.1-12-37, the information required for a
standard deduction under IC 6-1.1-12-37.
(19) Sufficient instructions and information to permit a party to
terminate a standard deduction under IC 6-1.1-12-37 on any
parcel of property on which the party or the spouse of the party
will no longer be eligible for the standard deduction under
IC 6-1.1-12-37 after the party or the party's spouse begins to
reside at the property that is the subject of the sales disclosure
form, including an explanation of the tax consequences and
applicable penalties if a party unlawfully claims a standard
deduction under IC 6-1.1-12-37.
(20) Other information as required by the department of local
government finance to carry out this chapter.
If a form under this section includes the telephone number or part or
all of the Social Security number of a party, the telephone number or
the Social Security number is confidential.
(b) The instructions for completing the form described in
subsection (a) must include the information described in
IC 6-1.1-12-43(c)(1).
(c) If the conveyance includes more than one (1) parcel as
described in section 3(h) of this chapter, the form:
(1) is not required to include the price referred to in subsection
(a)(13) for each of the parcels subject to the conveyance; and
(2) may state a single combined price for all of those parcels. As added by P.L.63-1993, SEC.1. Amended by P.L.90-2002, SEC.54;
P.L.64-2004, SEC.2; P.L.228-2005, SEC.18; P.L.154-2006, SEC.3;
P.L.144-2008, SEC.5; P.L.75-2009, SEC.1; P.L.87-2009, SEC.1.
IC 6-1.1-5.5-6 Acceptance of form by county auditor; requirements for recording
Sec. 6. (a) The county auditor may not accept a conveyance
document if:
(1) the sales disclosure form signed by all the parties and
attested as required under section 9 of this chapter is not
included with the document; or
(2) the sales disclosure form does not contain the information
required by section 5(a)(1) through 5(a)(16) of this chapter as
that section applies to the conveyance, subject to the obligation
of a party to furnish or correct the information in the manner
required by and subject to the penalty provisions of section 12
of this chapter.
(b) The county recorder shall not record a conveyance document
without evidence that the parties have filed with the county auditor
a sales disclosure form approved by the county assessor as eligible
for filing under section 3(b)(2) of this chapter. As added by P.L.63-1993, SEC.1. Amended by P.L.6-1997, SEC.27;
P.L.154-2006, SEC.4; P.L.144-2008, SEC.6. IC 6-1.1-5.5-7
Repealed
(Repealed by P.L.6-1997, SEC.239.)
IC 6-1.1-5.5-8
Repealed
(Repealed by P.L.89-2001, SEC.8.)
IC 6-1.1-5.5-9 Sales disclosure form; attestation
Sec. 9. A person who signs a sales disclosure form shall attest in
writing and under penalties of perjury that to the best of the person's
knowledge and belief the information contained in the sales
disclosure form is true and correct. As added by P.L.63-1993, SEC.1.
IC 6-1.1-5.5-10 Criminal penalties and infractions
Sec. 10. (a) A person who knowingly and intentionally:
(1) falsifies the value of transferred real property; or
(2) omits or falsifies any information required to be provided in
the sales disclosure form;
commits a Class C felony.
(b) A public official who knowingly and intentionally accepts:
(1) a sales disclosure document for filing that:
(A) falsifies the value of transferred real property; or
(B) omits or falsifies any information required to be
provided in the sales disclosure form; or
(2) a conveyance document for recording in violation of section
6 of this chapter;
commits a Class A infraction. As added by P.L.63-1993, SEC.1. Amended by P.L.6-1997, SEC.28;
P.L.178-2002, SEC.11; P.L.144-2008, SEC.7.
IC 6-1.1-5.5-11
Repealed
(Repealed by P.L.6-1997, SEC.239.)
IC 6-1.1-5.5-12 Civil penalties
Sec. 12. (a) A party to a conveyance who:
(1) either:
(A) files a sales disclosure form that does not contain all of
the information required by this chapter; or
(B) files a sales disclosure form that contains inaccurate
information;
and receives from the township assessor (in a county containing
a consolidated city) or the county assessor (in any other county)
written notice of the problems described in clause (A) or (B);
and
(2) fails to file a correct sales disclosure form that fully
complies with all requirements of this chapter within thirty (30)
days after the date of the notice under subdivision (1);
is subject to a penalty in the amount determined under subsection (b).
(b) The amount of the penalty under subsection (a) is the greater
of:
(1) one hundred dollars ($100); or
(2) twenty-five thousandths percent (0.025%) of the sale price
of the real property transferred under the conveyance document.
(c) The township assessor in a county containing a consolidated
city, or the county assessor in any other county, shall:
(1) determine the penalty imposed under this section;
(2) assess the penalty to the party to a conveyance; and
(3) notify the party to the conveyance that the penalty is payable
not later than thirty (30) days after notice of the assessment.
(d) The county auditor shall:
(1) collect the penalty imposed under this section;
(2) deposit penalty collections as required under section 4 of
this chapter; and
(3) notify the county prosecuting attorney of delinquent
payments.
(e) The county prosecuting attorney shall initiate an action to
recover a delinquent penalty under this section. In a successful action
against a person for a delinquent penalty, the court shall award the
county prosecuting attorney reasonable attorney's fees. As added by P.L.178-2002, SEC.12. Amended by P.L.144-2008,
SEC.8.
IC 6-1.1-5.5-13 Fee for filing sale disclosure form for certain sales; disposition of
fees; training of assessment officials; expiration of section
Sec. 13. (a) Notwithstanding section 4(a) of this chapter, a person
filing a sales disclosure form under this chapter with respect to a sale
of real property that occurs:
(1) after December 31, 2003; and
(2) before January 1, 2012;
shall pay a fee of ten dollars ($10) to the county auditor.
(b) Notwithstanding sections 4(b) and 12(d) of this chapter, fifty
percent (50%) of the revenue collected under:
(1) subsection (a); and
(2) section 12 of this chapter;
for the period referred to in subsection (a) shall be deposited in the
county sales disclosure fund established under section 4.5 of this
chapter. Ten percent (10%) of the revenue collected before July 1,
2005, shall be transferred to the treasurer of state for deposit in the
assessment training and administration fund established by section
4.7 of this chapter. Forty percent (40%) of the revenue collected
before July 1, 2005, shall be transferred to the treasurer of state for
deposit in the state general fund. Fifty percent (50%) of the revenue
collected after June 30, 2005, shall be transferred to the assessment
training and administration fund established by section 4.7 of this
chapter.
(c) The department of local government finance may provide
training of assessment officials and employees of the department
through the Indiana chapter of the International Association of
Assessing Officers on various dates and at various locations in
Indiana.
(d) This section expires January 1, 2012. As added by P.L.16-2009, SEC.13.
IC 6-1.1-5.5-1 "Conveyance" defined
Sec. 1. As used in this chapter, "conveyance" means any transfer
of a real property interest for valuable consideration. As added by P.L.63-1993, SEC.1. Amended by P.L.144-2008, SEC.1.
IC 6-1.1-5.5-2 "Conveyance document" defined
Sec. 2. (a) As used in this chapter, "conveyance document" means
any of the following:
(1) Any of the following that purports to transfer a real property
interest for valuable consideration:
(A) A document.
(B) A deed.
(C) A contract of sale.
(D) An agreement.
(E) A judgment.
(F) A lease that includes the fee simple estate and is for a
period in excess of ninety (90) years.
(G) A quitclaim deed serving as a source of title.
(H) Another document presented for recording.
(2) Documents for compulsory transactions as a result of
foreclosure or express threat of foreclosure, divorce, court
order, condemnation, or probate.
(3) Documents involving the partition of land between tenants
in common, joint tenants, or tenants by the entirety.
(b) The term does not include the following:
(1) Security interest documents such as mortgages and trust
deeds.
(2) Leases that are for a term of less than ninety (90) years.
(3) Agreements and other documents for mergers,
consolidations, and incorporations involving solely nonlisted
stock.
(4) Quitclaim deeds not serving as a source of title.
(5) Public utility or governmental easements or rights-of-way. As added by P.L.63-1993, SEC.1. Amended by P.L.144-2008, SEC.2;
P.L.182-2009(ss), SEC.90.
IC 6-1.1-5.5-3 Sales disclosure form filing and review process; forwarding and
use of forms; confidential information; conveyance of multiple
parcels
Sec. 3. (a) For purposes of this section, "party" includes:
(1) a seller of property that is exempt under the seller's
ownership; or
(2) a purchaser of property that is exempt under the purchaser's
ownership;
from property taxes under IC 6-1.1-10.
(b) Subject to subsections (g) and (h), before filing a conveyance
document with the county auditor under IC 6-1.1-5-4, all the parties
to the conveyance must do the following:
(1) Complete and sign a sales disclosure form as prescribed by
the department of local government finance under section 5 of
this chapter. All the parties may sign one (1) form, or if all the
parties do not agree on the information to be included on the
completed form, each party may sign and file a separate form.
For conveyance transactions involving more than two (2)
parties, one (1) transferor and one (1) transferee signing the
sales disclosure form is sufficient.
(2) Before filing a sales disclosure form with the county auditor,
submit the sales disclosure form to the county assessor. The
county assessor must review the accuracy and completeness of
each sales disclosure form submitted immediately upon receipt
of the form and, if the form is accurate and complete, stamp or
otherwise approve the form as eligible for filing with the county
auditor and return the form to the appropriate party for filing
with the county auditor. If multiple forms are filed in a short
period, the county assessor shall process the forms as quickly as
possible. For purposes of this subdivision, a sales disclosure
form is considered to be accurate and complete if:
(A) the county assessor does not have substantial evidence
when the form is reviewed under this subdivision that
information in the form is inaccurate; and
(B) both of the following conditions are satisfied:
(i) The form contains the information required by section
5(a)(1) through 5(a)(16) of this chapter as that section
applies to the conveyance transaction, subject to the
obligation of a party to furnish or correct that information
in the manner required by and subject to the penalty
provisions of section 12 of this chapter. The form may not
be rejected for failure to contain information other than
that required by section 5(a)(1) through 5(a)(16) of this
chapter.
(ii) The form is submitted to the county assessor in a
format usable to the county assessor.
(3) File the sales disclosure form with the county auditor.
(c) The auditor shall review each sales disclosure form and
process any deduction for which the form serves as an application
under IC 6-1.1-12-44. The auditor shall forward each sales disclosure
form to the county assessor. The county assessor shall verify the
assessed valuation of the property for the assessment date to which
the application applies and transmit that assessed valuation to the
auditor. The county assessor shall retain the forms for five (5) years.
The county assessor shall forward the sales disclosure form data to
the department of local government finance and the legislative
services agency in an electronic format specified jointly by the
department of local government finance and the legislative services
agency. The county assessor shall forward a copy of the sales
disclosure forms to the township assessors in the county. The forms
may be used by the county assessing officials, the department of
local government finance, and the legislative services agency for the
purposes established in IC 6-1.1-4-13.6, sales ratio studies,
equalization, adoption of rules under IC 6-1.1-31-3 and
IC 6-1.1-31-6, and any other authorized purpose.
(d) In a county containing a consolidated city, the auditor shall
review each sales disclosure form and process any deduction for
which the form serves as an application under IC 6-1.1-12-44. The
auditor shall forward the sales disclosure form to the appropriate
township assessor (if any). The township assessor shall verify the
assessed valuation of the property for the assessment date to which
the application applies and transmit that assessed valuation to the
auditor. The township or county assessor shall forward the sales
disclosure form to the department of local government finance and
the legislative services agency in an electronic format specified
jointly by the department of local government finance and the
legislative services agency. The forms may be used by the county
assessing officials, the county auditor, the department of local
government finance, and the legislative services agency for the
purposes established in IC 6-1.1-4-13.6, sales ratio studies,
equalization, adoption of rules under IC 6-1.1-31-3 and
IC 6-1.1-31-6, and any other authorized purpose.
(e) If a sales disclosure form includes the telephone number or
Social Security number of a party, the telephone number or Social
Security number is confidential.
(f) County assessing officials, county auditors, and other local
officials may not establish procedures or requirements concerning
sales disclosure forms that substantially differ from the procedures
and requirements of this chapter.
(g) Except as provided in subsection (h), a separate sales
disclosure form is required for each parcel conveyed, regardless of
whether more than one (1) parcel is conveyed under a single
conveyance document.
(h) Only one (1) sales disclosure form is required for the
conveyance under a single conveyance document of two (2) or more
contiguous parcels located entirely within a single taxing district. As added by P.L.63-1993, SEC.1. Amended by P.L.6-1997, SEC.26;
P.L.89-2001, SEC.2; P.L.90-2002, SEC.52; P.L.245-2003, SEC.6;
P.L.1-2004, SEC.9 and P.L.23-2004, SEC.10; P.L.64-2004, SEC.1;
P.L.228-2005, SEC.16; P.L.219-2007, SEC.16; P.L.144-2008,
SEC.3; P.L.146-2008, SEC.94; P.L.1-2009, SEC.28.
IC 6-1.1-5.5-4 Filing fee; exceptions; distribution of revenue
Sec. 4. (a) Except as provided in subsection (b), a person filing a
sales disclosure form under this chapter shall pay a fee of ten dollars
($10) to the county auditor.
(b) No fee is due and payable under subsection (a) if the
conveyance to which the sales disclosure form filing applies is either
or both of the following:
(1) To a charity.
(2) Under a conveyance document described in section 2(a)(2)
or 2(a)(3) of this chapter.
(c) Fifty percent (50%) of the revenue collected under this section
and section 12 of this chapter shall be deposited in the county sales
disclosure fund established under section 4.5 of this chapter. Fifty
percent (50%) of the revenue shall be transferred to the state
treasurer for deposit in the state assessment training fund established
under section 4.7 of this chapter. As added by P.L.63-1993, SEC.1. Amended by P.L.198-2001,
SEC.21; P.L.178-2002, SEC.10; P.L.144-2008, SEC.4.
IC 6-1.1-5.5-4.5 Sales disclosure funds
Sec. 4.5. (a) The fiscal body of each county shall establish a sales
disclosure fund. The county auditor shall deposit into the fund the
money received under section 4 of this chapter. Money in the sales
disclosure fund may be expended only for:
(1) administration of this chapter;
(2) verification of the information contained on a sales
disclosure form;
(3) training of assessing officials; or
(4) purchasing computer software or hardware for a property
record system.
(b) The county fiscal body shall appropriate the money in the
sales disclosure fund for the purposes stated in subsection (a) based
on requests by assessing officials in the county. As added by P.L.198-2001, SEC.22.
IC 6-1.1-5.5-4.7 Establishment of assessment training and administration fund;
permitted uses; investment by treasurer of state; no reversion to
state general fund
Sec. 4.7. (a) The assessment training and administration fund is
established for the purpose of receiving fees deposited under section
4 of this chapter. Money in the fund may be used by:
(1) the department of local government finance:
(A) to cover expenses incurred in the development and
administration of programs for the training of assessment
officials and employees of the department, including the
examination and certification program required by
IC 6-1.1-35.5; and
(B) for data base management expenses; or
(2) the Indiana board to:
(A) conduct appeal activities; or
(B) pay for appeal services.
(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(c) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. As added by P.L.198-2001, SEC.23. Amended by P.L.90-2002,
SEC.53; P.L.1-2004, SEC.10; P.L.23-2004, SEC.11; P.L.2-2005,
SEC.17; P.L.228-2005, SEC.17; P.L.182-2009(ss), SEC.91.
IC 6-1.1-5.5-5 Information required in form; exception
Revisor's Note: P.L.75-2009, SEC.5 required the printing of this
section as follows.
Sec. 5. (a) The department of local government finance shall
prescribe a sales disclosure form for use under this chapter. The form
prescribed by the department of local government finance must
include at least the following information:
(1) The key number (as defined in IC 6-1.1-1-8.5) of each
parcel.
(2) With respect to each parcel, whether the entire parcel is
being conveyed.
(3) The address of each improved parcel.
(4) The date of the execution of the form.
(5) The date the property was transferred.
(6) Whether the transfer includes an interest in land or
improvements, or both.
(7) Whether the transfer includes personal property.
(8) An estimate of the value of any personal property included
in the transfer.
(9) The name, address, and telephone number of:
(A) each transferor and transferee; and
(B) the person that prepared the form.
(10) The mailing address to which the property tax bills or other
official correspondence should be sent.
(11) The ownership interest transferred.
(12) The classification of the property (as residential,
commercial, industrial, agricultural, vacant land, or other).
(13) Subject to subsection (c), the total price actually paid or
required to be paid in exchange for the conveyance, whether in
terms of money, property, a service, an agreement, or other
consideration, but excluding tax payments and payments for
legal and other services that are incidental to the conveyance.
(14) The terms of seller provided financing, such as interest
rate, points, type of loan, amount of loan, and amortization
period, and whether the borrower is personally liable for
repayment of the loan.
(15) Any family or business relationship existing between the
transferor and the transferee.
(16) A legal description of each parcel subject to the
conveyance.
(17) Whether the transferee is using the form to claim one (1)
or more deductions under IC 6-1.1-12-44 for property taxes first
due and payable in a calendar year after 2008.
(18) If the transferee uses the form to claim the standard
deduction under IC 6-1.1-12-37, the information required for a
standard deduction under IC 6-1.1-12-37.
(19) Sufficient instructions and information to permit a party to
terminate a standard deduction under IC 6-1.1-12-37 on any
parcel of property on which the party or the spouse of the party
will no longer be eligible for the standard deduction under
IC 6-1.1-12-37 after the party or the party's spouse begins to
reside at the property that is the subject of the sales disclosure
form, including an explanation of the tax consequences and
applicable penalties if a party unlawfully claims a standard
deduction under IC 6-1.1-12-37.
(20) Other information as required by the department of local
government finance to carry out this chapter.
If a form under this section includes the telephone number or part or
all of the Social Security number of a party, the telephone number or
the Social Security number is confidential.
(b) The instructions for completing the form described in
subsection (a) must include the information described in
IC 6-1.1-12-43(c)(1).
(c) If the conveyance includes more than one (1) parcel as
described in section 3(h) of this chapter, the form:
(1) is not required to include the price referred to in subsection
(a)(13) for each of the parcels subject to the conveyance; and
(2) may state a single combined price for all of those parcels. As added by P.L.63-1993, SEC.1. Amended by P.L.90-2002, SEC.54;
P.L.64-2004, SEC.2; P.L.228-2005, SEC.18; P.L.154-2006, SEC.3;
P.L.144-2008, SEC.5; P.L.75-2009, SEC.1; P.L.87-2009, SEC.1.
IC 6-1.1-5.5-6 Acceptance of form by county auditor; requirements for recording
Sec. 6. (a) The county auditor may not accept a conveyance
document if:
(1) the sales disclosure form signed by all the parties and
attested as required under section 9 of this chapter is not
included with the document; or
(2) the sales disclosure form does not contain the information
required by section 5(a)(1) through 5(a)(16) of this chapter as
that section applies to the conveyance, subject to the obligation
of a party to furnish or correct the information in the manner
required by and subject to the penalty provisions of section 12
of this chapter.
(b) The county recorder shall not record a conveyance document
without evidence that the parties have filed with the county auditor
a sales disclosure form approved by the county assessor as eligible
for filing under section 3(b)(2) of this chapter. As added by P.L.63-1993, SEC.1. Amended by P.L.6-1997, SEC.27;
P.L.154-2006, SEC.4; P.L.144-2008, SEC.6. IC 6-1.1-5.5-7
Repealed
(Repealed by P.L.6-1997, SEC.239.)
IC 6-1.1-5.5-8
Repealed
(Repealed by P.L.89-2001, SEC.8.)
IC 6-1.1-5.5-9 Sales disclosure form; attestation
Sec. 9. A person who signs a sales disclosure form shall attest in
writing and under penalties of perjury that to the best of the person's
knowledge and belief the information contained in the sales
disclosure form is true and correct. As added by P.L.63-1993, SEC.1.
IC 6-1.1-5.5-10 Criminal penalties and infractions
Sec. 10. (a) A person who knowingly and intentionally:
(1) falsifies the value of transferred real property; or
(2) omits or falsifies any information required to be provided in
the sales disclosure form;
commits a Class C felony.
(b) A public official who knowingly and intentionally accepts:
(1) a sales disclosure document for filing that:
(A) falsifies the value of transferred real property; or
(B) omits or falsifies any information required to be
provided in the sales disclosure form; or
(2) a conveyance document for recording in violation of section
6 of this chapter;
commits a Class A infraction. As added by P.L.63-1993, SEC.1. Amended by P.L.6-1997, SEC.28;
P.L.178-2002, SEC.11; P.L.144-2008, SEC.7.
IC 6-1.1-5.5-11
Repealed
(Repealed by P.L.6-1997, SEC.239.)
IC 6-1.1-5.5-12 Civil penalties
Sec. 12. (a) A party to a conveyance who:
(1) either:
(A) files a sales disclosure form that does not contain all of
the information required by this chapter; or
(B) files a sales disclosure form that contains inaccurate
information;
and receives from the township assessor (in a county containing
a consolidated city) or the county assessor (in any other county)
written notice of the problems described in clause (A) or (B);
and
(2) fails to file a correct sales disclosure form that fully
complies with all requirements of this chapter within thirty (30)
days after the date of the notice under subdivision (1);
is subject to a penalty in the amount determined under subsection (b).
(b) The amount of the penalty under subsection (a) is the greater
of:
(1) one hundred dollars ($100); or
(2) twenty-five thousandths percent (0.025%) of the sale price
of the real property transferred under the conveyance document.
(c) The township assessor in a county containing a consolidated
city, or the county assessor in any other county, shall:
(1) determine the penalty imposed under this section;
(2) assess the penalty to the party to a conveyance; and
(3) notify the party to the conveyance that the penalty is payable
not later than thirty (30) days after notice of the assessment.
(d) The county auditor shall:
(1) collect the penalty imposed under this section;
(2) deposit penalty collections as required under section 4 of
this chapter; and
(3) notify the county prosecuting attorney of delinquent
payments.
(e) The county prosecuting attorney shall initiate an action to
recover a delinquent penalty under this section. In a successful action
against a person for a delinquent penalty, the court shall award the
county prosecuting attorney reasonable attorney's fees. As added by P.L.178-2002, SEC.12. Amended by P.L.144-2008,
SEC.8.
IC 6-1.1-5.5-13 Fee for filing sale disclosure form for certain sales; disposition of
fees; training of assessment officials; expiration of section
Sec. 13. (a) Notwithstanding section 4(a) of this chapter, a person
filing a sales disclosure form under this chapter with respect to a sale
of real property that occurs:
(1) after December 31, 2003; and
(2) before January 1, 2012;
shall pay a fee of ten dollars ($10) to the county auditor.
(b) Notwithstanding sections 4(b) and 12(d) of this chapter, fifty
percent (50%) of the revenue collected under:
(1) subsection (a); and
(2) section 12 of this chapter;
for the period referred to in subsection (a) shall be deposited in the
county sales disclosure fund established under section 4.5 of this
chapter. Ten percent (10%) of the revenue collected before July 1,
2005, shall be transferred to the treasurer of state for deposit in the
assessment training and administration fund established by section
4.7 of this chapter. Forty percent (40%) of the revenue collected
before July 1, 2005, shall be transferred to the treasurer of state for
deposit in the state general fund. Fifty percent (50%) of the revenue
collected after June 30, 2005, shall be transferred to the assessment
training and administration fund established by section 4.7 of this
chapter.
(c) The department of local government finance may provide
training of assessment officials and employees of the department
through the Indiana chapter of the International Association of
Assessing Officers on various dates and at various locations in
Indiana.
(d) This section expires January 1, 2012. As added by P.L.16-2009, SEC.13.
