Section 6-1.1-5.5-3 - Sales disclosure form filing and review process; forwarding and use of forms; confidential information; conveyance of multiple parcels(a) For purposes of this section, "party" includes:(1) a seller of property that is exempt under the seller's ownership; or(2) a purchaser of property that is exempt under the purchaser's ownership; from property taxes under IC 6-1.1-10.
(b) Subject to subsections (g) and (h), before filing a conveyance document with the county auditor under IC 6-1.1-5-4, all the parties to the conveyance must do the following: (1) Complete and sign a sales disclosure form as prescribed by the department of local government finance under section 5 of this chapter. All the parties may sign one (1) form, or if all the parties do not agree on the information to be included on the completed form, each party may sign and file a separate form. For conveyance transactions involving more than two (2) parties, one (1) transferor and one (1) transferee signing the sales disclosure form is sufficient.(2) Before filing a sales disclosure form with the county auditor, submit the sales disclosure form to the county assessor. The county assessor must review the accuracy and completeness of each sales disclosure form submitted immediately upon receipt of the form and, if the form is accurate and complete, stamp or otherwise approve the form as eligible for filing with the county auditor and return the form to the appropriate party for filing with the county auditor. If multiple forms are filed in a short period, the county assessor shall process the forms as quickly as possible. For purposes of this subdivision, a sales disclosure form is considered to be accurate and complete if: (A) the county assessor does not have substantial evidence when the form is reviewed under this subdivision that information in the form is inaccurate; and(B) both of the following conditions are satisfied:(i) The form contains the information required by section 5(a)(1) through 5(a)(16) of this chapter as that section applies to the conveyance transaction, subject to the obligation of a party to furnish or correct that information in the manner required by and subject to the penalty provisions of section 12 of this chapter. The form may not be rejected for failure to contain information other than that required by section 5(a)(1) through 5(a)(16) of this chapter.(ii) The form is submitted to the county assessor in a format usable to the county assessor.(3) File the sales disclosure form with the county auditor.(4) After December 31, 2023, a county assessor or county auditor may not refuse to accept a sales disclosure form for filing because the sales disclosure form is an electronic document.(c) The auditor shall review each sales disclosure form and process any deduction for which the form serves as an application under IC 6-1.1-12-44. The auditor shall forward each sales disclosure form to the county assessor. The county assessor shall verify the assessed valuation of the property for the assessment date to which the application applies and transmit that assessed valuation to the auditor. The county assessor shall retain the forms for five (5) years. The county assessor shall forward the sales disclosure form data to the department of local government finance in an electronic format specified by the department of local government finance on or before April 1 in a year ending before January 1, 2016, and on or before February 1 in a year beginning after December 31, 2015. The county assessor shall forward a copy of the sales disclosure forms to the township assessors in the county. The department of local government finance shall make sales disclosure form data received from a county assessor available to the legislative services agency. The forms may be used by the county assessing officials, the department of local government finance, and the legislative services agency for the purposes established in IC 6-1.1-4-13.6, sales ratio studies, equalization, adoption of rules under IC 6-1.1-31-3 and IC 6-1.1-31-6, and any other authorized purpose.(d) In a county containing a consolidated city, the auditor shall review each sales disclosure form and process any deduction for which the form serves as an application under IC 6-1.1-12-44. The auditor shall forward the sales disclosure form to the appropriate township assessor (if any). The township assessor shall verify the assessed valuation of the property for the assessment date to which the application applies and transmit that assessed valuation to the auditor. The township or county assessor shall forward the sales disclosure form to the department of local government finance in an electronic format specified by the department of local government finance. The department of local government finance shall make sales disclosure form data received from a township or county assessor available to the legislative services agency. The forms may be used by the county assessing officials, the county auditor, the department of local government finance, and the legislative services agency for the purposes established in IC 6-1.1-4-13.6, sales ratio studies, equalization, adoption of rules under IC 6-1.1-31-3 and IC 6-1.1-31-6, and any other authorized purpose.(e) If a sales disclosure form includes the telephone number or Social Security number of a party, the telephone number or Social Security number is confidential.(f) County assessing officials, county auditors, and other local officials may not establish procedures or requirements concerning sales disclosure forms that substantially differ from the procedures and requirements of this chapter.(g) Except as provided in subsection (h), a separate sales disclosure form is required for each parcel conveyed, regardless of whether more than one (1) parcel is conveyed under a single conveyance document.(h) Only one (1) sales disclosure form is required for the conveyance under a single conveyance document of two (2) or more contiguous parcels located entirely within a single taxing district.Amended by P.L. 26-2022,SEC. 2, eff. 7/1/2022.Amended by P.L. 159-2020,SEC. 8, eff. 7/1/2020.Amended by P.L. 111-2014, SEC. 17, eff. 7/1/2014.As added by P.L. 63-1993, SEC.1. Amended by P.L. 6-1997, SEC.26; P.L. 89-2001, SEC.2; P.L. 90-2002, SEC.52; P.L. 245-2003, SEC.6; P.L. 1-2004, SEC.9 and P.L. 23-2004, SEC.10; P.L. 64-2004, SEC.1; P.L. 228-2005, SEC.16; P.L. 219-2007, SEC.16; P.L. 144-2008, SEC.3; P.L. 146-2008, SEC.94; P.L. 1-2009, SEC.28.