Proceed with Caution:  Depending on the Facts of the Property and the Assessment, Taxpayer or Assessor May have the Burden of Proof for Indiana Property Tax Appeals

Proceed with Caution: Depending on the Facts of the Property and the Assessment, Taxpayer or Assessor May have the Burden of Proof for Indiana Property Tax Appeals

Last week I spoke at a seminar regarding recent developments involving Indiana property tax appeal procedures.  Following are summaries of various rulings of the Indiana Board of Tax Review ("IBTR") involving the burden of proof in property tax appeals.  The following addresses two statutes -- Ind. Code §§ … [Read more...]

Summary of 2019 Property Tax Legislation Passed by the Indiana General Assembly

Summary of 2019 Property Tax Legislation Passed by the Indiana General Assembly

The Indiana General Assembly concluded its 2019 legislative session last week, and several bills that passed address Indiana property tax issues, both procedural and substantive.  Below is a high level summary of several noteworthy bills.  Each bill has passed both legislative chambers, but most have not yet been … [Read more...]

Indiana Tax Court affirms removal of Obsolescence Adjustment to Residential Property, as Homeowners fail to show comparable subdivision sales were similar.

Indiana Tax Court affirms removal of Obsolescence Adjustment to Residential Property, as Homeowners fail to show comparable subdivision sales were similar.

Case Name: Marinov and Marinova v. Tippecanoe County Assessor Date Issued: February 20, 2019 Property Type: Single-family residence Assessment Year(s): 2014 Point of Interest: Assessor removed an obsolescence adjustment, causing a 26% assessment increase for a home over its 2013 value. Assessor offered … [Read more...]

Indiana Tax Court denies motion to dismiss Assessor’s property tax appeal on procedural grounds

Indiana Tax Court denies motion to dismiss Assessor’s property tax appeal on procedural grounds

In Marion County Assessor v. Stutz Business Center, LLC (January 11, 2019), Owner fell short in its effort to cut short an appeal by a County Assessor challenging the Owner’s voluntary withdrawal of its 2012 to 2014 real property tax appeals. Owner withdrew its appeals five days before the scheduled administrative … [Read more...]

Indiana Tax Court denies petition to enjoin the collection of property tax, where Taxpayer failed to show former school building and athletic facility had zero value

Indiana Tax Court denies petition to enjoin the collection of property tax, where Taxpayer failed to show former school building and athletic facility had zero value

Name:  Wigwam Holdings LLC v. Madison County Assessor Date Issued: December 14, 2018 Property Type: 220,000 SF building, including a natatorium, auditorium and 8,996 seat basketball facility Assessment Date: March 1, 2015 Point of Interest: Wigwam Holdings LLC (“Holdings”) claimed that an appraisal and … [Read more...]

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, … [Read more...]