Section 6-1.1-5.5-12 - Civil penalties(a) A party to a conveyance who:(1) either: (A) files a sales disclosure form that does not contain all of the information required by this chapter; or(B) files a sales disclosure form that contains inaccurate information; and receives from the township assessor (in a county containing a consolidated city) or the county assessor (in any other county) written notice of the problems described in clause (A) or (B); and
(2) fails to file a correct sales disclosure form that fully complies with all requirements of this chapter within thirty (30) days after the date of the notice under subdivision (1); is subject to a penalty in the amount determined under subsection (b).
(b) The amount of the penalty under subsection (a) is the greater of:(1) one hundred dollars ($100); or(2) twenty-five thousandths percent (0.025%) of the sale price of the real property transferred under the conveyance document.(c) The township assessor in a county containing a consolidated city, or the county assessor in any other county, shall:(1) determine the penalty imposed under this section;(2) assess the penalty to the party to a conveyance; and(3) notify the party to the conveyance that the penalty is payable not later than thirty (30) days after notice of the assessment.(d) The county auditor shall:(1) collect the penalty imposed under this section;(2) deposit penalty collections as required under section 4 of this chapter; and(3) notify the prosecuting attorney of the appropriate judicial circuit of delinquent payments.(e) The prosecuting attorney of the appropriate judicial circuit shall initiate an action to recover a delinquent penalty under this section. In a successful action against a person for a delinquent penalty, the court shall award the prosecuting attorney reasonable attorney's fees.Amended by P.L. 148-2024,SEC. 1, eff. 7/1/2024.As added by P.L. 178-2002, SEC.12. Amended by P.L. 144-2008, SEC.8.