Section 6-1.1-11-4 - Exemption application not required in certain cases; transfer or change in use of property after assessment date(a) The exemption application referred to in section 3 of this chapter is not required if the exempt property is owned by the United States, the state, an agency of this state, or a political subdivision (as defined in IC 36-1-2-13). However, this subsection applies only when the property is used, and in the case of real property occupied, by the owner.(b) The exemption application referred to in section 3 of this chapter is not required if the exempt property is a cemetery: (1) described by IC 6-1.1-2-7; or(2) maintained by a township executive under IC 23-14-68.(c) The exemption application referred to in section 3 of this chapter is not required if the exempt property is owned by the bureau of motor vehicles commission established under IC 9-14-9.(d) The exemption application referred to in section 3 or 3.5 of this chapter is not required if:(1) the exempt property is: (A) tangible property used for religious purposes described in IC 6-1.1-10-21;(B) tangible property owned by a church or religious society used for educational purposes described in IC 6-1.1-10-16;(C) other tangible property owned, occupied, and used by a person for educational, literary, scientific, religious, or charitable purposes described in IC 6-1.1-10-16; or(D) other tangible property owned by a fraternity or sorority (as defined in IC 6-1.1-10-24);(2) the exemption application referred to in section 3 or 3.5 of this chapter was filed properly at least once for a religious use under IC 6-1.1-10-21, an educational, literary, scientific, religious, or charitable use under IC 6-1.1-10-16, or use by a fraternity or sorority under IC 6-1.1-10-24; and(3) the property continues to meet the requirements for an exemption under IC 6-1.1-10-16, IC 6-1.1-10-21, or IC 6-1.1-10-24.(e) If, after an assessment date, an exempt property is transferred or its use is changed resulting in its ineligibility for an exemption under IC 6-1.1-10, the county assessor shall terminate the exemption for the next assessment date. However, if the property remains eligible for an exemption under IC 6-1.1-10 following the transfer or change in use, the exemption shall be left in place for that assessment date. For the following assessment date, the person that obtained the exemption or the current owner of the property, as applicable, shall, under section 3 of this chapter and except as provided in this section, file a certified application in duplicate with the county assessor of the county in which the property that is the subject of the exemption is located. In all cases, the person that obtained the exemption or the current owner of the property shall notify the county assessor for the county where the tangible property is located of the change in ownership or use in the year that the change occurs. The notice must be in the form prescribed by the department of local government finance.(f) If the county assessor discovers that title to or use of property granted an exemption under IC 6-1.1-10 has changed, the county assessor shall notify the persons entitled to a tax statement under IC 6-1.1-22-8.1 for the property of the change in title or use and indicate that the county auditor will suspend the exemption for the property until the persons provide the county assessor with an affidavit, signed under penalties of perjury, that identifies the new owners or use of the property and indicates whether the property continues to meet the requirements for an exemption under IC 6-1.1-10. Upon receipt of the affidavit, the county assessor shall reinstate the exemption under IC 6-1.1-15-12.1. However, a claim under IC 6-1.1-26-1.1 for a refund of all or a part of a tax installment paid and any correction of error under IC 6-1.1-15-12.1 must be filed not later than three (3) years after the taxes are first due.(g) This section shall not be construed to limit the authority of the county property tax assessment board of appeals to review the ongoing eligibility of a property for an exemption. A county property tax assessment board of appeals shall disapprove an exemption application in any year following the initial approval of the application if the property is not eligible for an exemption.Pre-1975 Property Tax Recodification Citation: 6-1-22-3.
Amended by P.L. 174-2022,SEC. 11, eff. 3/21/2022.Amended by P.L. 159-2020,SEC. 15, eff. 7/1/2020.Amended by P.L. 86-2018,SEC. 41, eff. 3/15/2018.Amended by P.L. 198-2016, SEC. 21, eff. 7/1/2016.Amended by P.L. 183-2014, SEC. 6, eff. 7/1/2014.Amended by P.L. 173-2011, SEC. 3, eff. 1/1/2008 (RETROACTIVE).(Formerly: Acts1975 , P.L. 47, SEC.1.) As amended by P.L. 53-1988, SEC.2; P.L. 1-1990, SEC.67; P.L. 2-1991, SEC.36; P.L. 6-1997, SEC.38; P.L. 14-2000, SEC.15; P.L. 182-2009 (ss), SEC.107.