CHAPTER 2. IMPOSITION OF TAX
IC 6-1.1-2
Chapter 2. Imposition of Tax
IC 6-1.1-2-1
Property subject to tax
Sec. 1. Except as otherwise provided by law, all tangible property
which is within the jurisdiction of this state on the assessment date
of a year is subject to assessment and taxation for that year.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-2-2
Assessment methods
Sec. 2. All tangible property which is subject to assessment shall
be assessed on a just valuation basis and in a uniform and equal
manner. Personal property which is subject to assessment and
taxation shall be assessed annually in the manner prescribed in this
article. Real property which is subject to assessment and taxation
shall be assessed in the manner and at the times prescribed in this
article.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-2-3
Rate of tax; use of revenues
Sec. 3. The total tax rate to be imposed on each one hundred
dollars ($100) of the assessed value of property shall be determined
in the manner provided by law. Property tax revenues shall be used
for state expenditures and for the support of the political subdivisions
of this state.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-2-4
Liability for tax; assessment of improvement or appurtenance
separately from land
Sec. 4. (a) The owner of any real property on the assessment date
of a year is liable for the taxes imposed for that year on the property,
unless a person holding, possessing, controlling, or occupying any
real property on the assessment date of a year is liable for the taxes
imposed for that year on the property under a memorandum of lease
or other contract with the owner that is recorded with the county
recorder before January 1, 1998. A person holding, possessing,
controlling, or occupying any personal property on the assessment
date of a year is liable for the taxes imposed for that year on the
property unless:
(1) the person establishes that the property is being assessed and
taxed in the name of the owner; or
(2) the owner is liable for the taxes under a contract with that
person.
When a person other than the owner pays any property taxes, as
required by this section, that person may recover the amount paid
from the owner, unless the parties have agreed to other terms in a
contract.
(b) An owner on the assessment date of a year of real property
that has an improvement or appurtenance that is:
(1) assessed as real property; and
(2) owned, held, possessed, controlled, or occupied on the
assessment date of a year by a person other than the owner of
the land;
is jointly liable for the taxes imposed for the year on the
improvement or appurtenance with the person holding, possessing,
controlling, or occupying the improvement or appurtenance on the
assessment date.
(c) An improvement or appurtenance to land that, on the
assessment date of a year, is held, possessed, controlled, or occupied
by a different person than the owner of the land may be listed and
assessed separately from the land only if the improvement or
appurtenance is held, possessed, controlled, or occupied under a
memorandum of lease or other contract that is recorded with the
county recorder before January 1, 1998.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1981,
P.L.63, SEC.1; P.L.51-1997, SEC.1.
IC 6-1.1-2-5
Partnership property
Sec. 5. The tangible property of a partnership shall be listed and
assessed in the firm name. Each partner is jointly and severally liable
for the property taxes so assessed.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-2-6
Repealed
(Repealed by P.L.1-1990, SEC.65.)
IC 6-1.1-2-7
Exempt property
Sec. 7. (a) As used in this section, "nonbusiness personal
property" means personal property that is not:
(1) held for sale in the ordinary course of a trade or business;
(2) held, used, or consumed in connection with the production
of income; or
(3) held as an investment.
(b) The following property is not subject to assessment and
taxation under this article:
(1) A commercial vessel that is subject to the net tonnage tax
imposed under IC 6-6-6.
(2) A motor vehicle that is subject to the annual license excise
tax imposed under IC 6-6-5.
(3) A motorized boat or sailboat that is subject to the boat
excise tax imposed under IC 6-6-11.
(4) Property used by a cemetery (as defined in IC 23-14-33-7)
if the cemetery:
(A) does not have a board of directors, board of trustees, or
other governing authority other than the state or a political
subdivision; and
(B) has had no business transaction during the preceding
calendar year.
(5) A commercial vehicle that is subject to the annual excise tax
imposed under IC 6-6-5.5.
(6) Inventory.
(7) A recreational vehicle or truck camper that is subject to the
annual excise tax imposed under IC 6-6-5.1.
(8) The following types of nonbusiness personal property:
(A) All-terrain vehicles.
(B) Snowmobiles.
(C) Rowboats, canoes, kayaks, and other human powered
boats.
(D) Invalid chairs.
(E) Yard and garden tractors.
(F) Trailers that are not subject to an excise tax under:
(i) IC 6-6-5-5.5;
(ii) IC 6-6-5.1; or
(iii) IC 6-6-5.5.
As added by P.L.1-1990, SEC.66. Amended by P.L.52-1997, SEC.1;
P.L.181-1999, SEC.1; P.L.146-2008, SEC.50; P.L.131-2008, SEC.3;
P.L.1-2009, SEC.27.