The Assessment of Common Area Land:  Indiana Tax Court rejects Taxpayers’ Appeals, General Assembly creates a new exemption

The Assessment of Common Area Land: Indiana Tax Court rejects Taxpayers’ Appeals, General Assembly creates a new exemption

Indiana allows taxpayers to correct certain property tax assessment mistakes using a Form 133 Petition for Correction of an Error.  In Muir Woods, Inc. v. Marion County Assessor (June 18, 2015), the Indiana Tax Court held that Taxpayers could not use a Form 133 Petition to correct the assessments of their common … [Read more...]

Indiana Tax Court upholds property tax exemption for early learning center

Indiana Tax Court upholds property tax exemption for early learning center

On April 1, 2015, the Indiana Tax Court in Johnson County PTABOA and Assessor v. KC Propco LLC d/b/a Kindercare Learning Center affirmed the grant of a 100% real property tax educational purpose exemption for property used as an early learning center as of the March 1, 2009 assessment date.  KC Propco was the real … [Read more...]

Can an Indiana Chamber of Commerce’s Building Qualify for a Property Tax Exemption?  Not Without Evidence of Predominate Use for an Exempt Purpose.

Can an Indiana Chamber of Commerce’s Building Qualify for a Property Tax Exemption? Not Without Evidence of Predominate Use for an Exempt Purpose.

In Greater Portage Chamber of Commerce v. Porter County Assessor, Pet. No. 64-016-10-2-8-00001 (January 2, 2015), the Indiana Board of Tax Review confirmed the denial of a property tax exemption where the taxpayer failed to prove it owned, occupied and used the property for an exempt purpose. The Greater … [Read more...]

A Deluge of Dismissals:  Indiana Tax Court dismisses 11 property tax exemption appeals for lack of jurisdiction

A Deluge of Dismissals: Indiana Tax Court dismisses 11 property tax exemption appeals for lack of jurisdiction

When it rains, it pours.  On January 20, the Indiana Tax Court issued eleven rulings dismissing property tax exemption appeals for lack of jurisdiction. Exempt today, gone tomorrow. The appeals involved the same basic facts.  Taxpayers owned multi-family cooperative apartment complexes, which served low-income … [Read more...]

Indiana Tax Court Finds Use of Appraisals Strategic, Not Mandatory

Indiana Tax Court Finds Use of Appraisals Strategic, Not Mandatory

The Indiana Tax Court recently reiterated its rules regarding the deference it gives to Indiana Board of Tax Review (IBTR) decisions, as well as clarifying how appraisal evidence is used.  In Howard County Assessor v. Kokomo Mall LLC, 14 N.E.3d 895 (Ind. Tax Ct. 2014), the Assessor appealed a decision of the IBTR … [Read more...]

It’s Reassessment Time in Indiana. Can the Tax Assessor Waltz into Your Home or Business?

It’s Reassessment Time in Indiana. Can the Tax Assessor Waltz into Your Home or Business?

Not under the U.S. Constitution.  However, the chapter of Indiana’s property tax code addressing real property assessment provides that a county assessor or authorized representative “may, after first making known the assessor’s or representative’s intention to the owner or occupant, enter and fully examine all … [Read more...]