Indiana Board of Tax Review adopts appraiser’s cost approach with “minimally credible” adjustments in valuing restaurant

Indiana Board of Tax Review adopts appraiser’s cost approach with “minimally credible” adjustments in valuing restaurant

Name:  L&R Enterprises, LLC v. Hancock County Assessor Date Issued:  July 2, 2018 Property Type:  Restaurant (freestanding, approximately 5,500 sq. ft.) Assessment Years:  2015, 2016 Point of Interest:  The Indiana Board of Tax Review assigns a value based on the cost approach in the …

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South Dakota v. Wayfair – United States Supreme Court overturns Quill and the physical presence requirement for the enforcement of sales tax collection by out-of-state sellers

South Dakota v. Wayfair – United States Supreme Court overturns Quill and the physical presence requirement for the enforcement of sales tax collection by out-of-state sellers

On June 21, 2018, the United States Supreme Court decided South Dakota v. Wayfair, Inc., No. 17-494, holding that states can require out-of-state sellers to collect and remit sales tax on goods shipped to the state, even if the seller has no physical presence in the state. In so holding, the Court overruled its …

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Assessors Should Weigh Myriad of Factors When Determining Fair Market Value of Green Buildings

Assessors Should Weigh Myriad of Factors When Determining Fair Market Value of Green Buildings

  A growing number of commercial properties incorporate efficient attributes that exceed basic code requirements. While conserving resources, these sustainable building strategies can also enhance the owner’s bottom line by reducing operating costs. As investors consider developing or buying green …

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Starting in 2019 Indiana General Assembly imposes Heavy Equipment Rental Excise Tax in lieu of Personal Property Tax

Starting in 2019 Indiana General Assembly imposes Heavy Equipment Rental Excise Tax in lieu of Personal Property Tax

In its 2018 legislative session the Indiana General Assembly enacted and the Governor approved House Enrolled Act No. 1323, which starting in 2019 imposes a new excise tax on “heavy rental equipment” while removing such equipment from taxation as personal property.  “Heavy rental equipment” under new Ind. …

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2018 Indiana Property Tax Exemption Applications Due Soon; Preserving Historical Buildings An Exempt Charitable Purpose

2018 Indiana Property Tax Exemption Applications Due Soon; Preserving Historical Buildings An Exempt Charitable Purpose

The Indiana property tax filing season is upon us, with Form 136 exemption applications for the January 1, 2018 assessment date due by April 1st for taxpayers wishing to claim exemptions for real and personal property.  Whether an application is due is a fact specific inquiry, depending in part on the property, …

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Indiana Tax Court Affirms 81% Charitable Purposes Exemption for Mental Health Facility

Indiana Tax Court Affirms 81% Charitable Purposes Exemption for Mental Health Facility

On December 8th, the Indiana Tax Court in Starke County Assessor v. Porter-Starke Services, Inc. upheld a charitable purposes exemption applied to a medical building as of the March 1, 2015 assessment date.  Taxpayer operated a community mental health center (CMHC), which was certified by the Indiana Family and …

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