Pharmacy has prescription for defeating higher Indiana property tax assessment; Court would not apply contract rent in sale-leaseback to increase values

Pharmacy has prescription for defeating higher Indiana property tax assessment; Court would not apply contract rent in sale-leaseback to increase values

The Indiana Tax Court affirmed the Indiana Board of Tax Review’s final determinations of a pharmacy’s real property tax values for the March 1, 2007 and 2008 assessment dates.  In Shelby County Assessor v. CVS Pharmacy, Inc. #6637-02, Cause No. 49T10-1112-TA-96 (Sept. 23, 2013), CVS and the Assessor both presented … [Read more...]

Vacant lot subjected to 3% Indiana property tax “cap” as “nonresidential real property”

Vacant lot subjected to 3% Indiana property tax “cap” as “nonresidential real property”

Indiana applies “caps” to taxpayers’ property tax liabilities, depending on the type of property.  The caps are really credits against taxes imposed above the designated percentage.  For the March 1, 2010 assessment date (for taxes payable in 2011), the cap / credit under Ind. Code § 6-1.1-20.6-7.5 applied as … [Read more...]

Indiana Church loses property tax exemption due to its failure to file application on time, while a Diocese “barely” proved it timely mailed forms

Indiana Church loses property tax exemption due to its failure to file application on time, while a Diocese “barely” proved it timely mailed forms

Two exemption determinations from August 2013 illustrate the importance of meeting filing deadlines (and being able to prove it).  These cases also show why the parties must carefully lead the Indiana Board of Tax Review through their arguments and evidence; they can’t expect the Board to do their work for them by … [Read more...]

Bowling alley, banks spared increased property tax assessments; Indiana assessors can’t use sales ratio studies to support individual assessments

Bowling alley, banks spared increased property tax assessments; Indiana assessors can’t use sales ratio studies to support individual assessments

In three August rulings, the Indiana Board of Tax Review found that an Indiana Assessor missed the mark (or hit the gutters) in arguing that evidence regarding uniform assessments for classes of property supported the individual assessments for a bowling alley and two banks.  In each case, the properties’ 2006 … [Read more...]

“No indication” that comps had similar, significant features, so purportedly comparable assessments don’t support Assessor’s property tax value

“No indication” that comps had similar, significant features, so purportedly comparable assessments don’t support Assessor’s property tax value

From the perspective of contested assessed value – $3,500 assessed v. $1,800 requested for an unimproved, residential lot in Goshen – the decision in Myers v. Elkhart County Assessor (Aug. 9, 2013) is irrelevant.  The tax dollars at issue would not justify the expense to the parties to prosecute the case and for … [Read more...]

Little Lamb receives Big Property Tax Exemption:  Partial exemption applied for building owned by individual and used by for-profit daycare

Little Lamb receives Big Property Tax Exemption: Partial exemption applied for building owned by individual and used by for-profit daycare

In Duke v. Hamilton County Assessor, Pet. Nos. 29-014-08-2-8-00003 et al (August 9, 2013) (March 1, 2009 to 2011 assessment dates), Charles Duke requested an 84% exemption for his 5,298 square foot daycare facility and supporting land.  The property was used by and exclusively for the operations of Little Lamb … [Read more...]