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If You Own Real Property in Indiana — Frequently Asked Questions

To protect and preserve their right to fair and equitable property tax assessments, taxpayers should understand the fundamentals of Indiana’s assessment system and how to challenge excessive valuations. If you own real...more

New Indiana Statute Opens Door to Lower Property Tax Assessments for Apartments in 2024

Indiana apartment owners and operators enter 2024 with new opportunities to lower their real property tax assessments. Under an updated law effective this year, Ind. Code § 6-1.1-4-39 (Section 39), for property tax assessment...more

Commercial and Industrial Tax Assessments Jump Across Iowa: The Protest Window Closes May 1

Property tax assessments have sharply increased across Iowa, particularly for commercial and industrial property. One report in Polk County noted that “most commercial properties saw their valuations jump 18.9%.” That same...more

Marion County, Indiana, Set to Increase Many 2022 Property Tax Assessments 10% or More

Taxpayers in Indianapolis and Marion County, Indiana, may be in for an unpleasant surprise when property tax bills are mailed out in the coming days. Based on assessment data available on the Marion County Assessor’s website,...more

Indiana Tax Court finds no evidence supports increased assessments of convenience store and gas station

Property Type: Convenience store, with gas station - Date Issued: June 14, 2022 - Assessment Years: 2018, 2019 - Synopsis: Assessor defended the subject property’s $1.9 Million assessment with a 2014 sales...more

Twelve Days of Property Tax Protections for Indiana Taxpayers – Day No. 4: Appraisals Not Required by Law to Win a Case

Appraisals can be costly to prepare, in terms of dollars spent and time invested. Taxpayers would be at a disadvantage if they were compelled in every case to pay for appraisals to support claims of excessive assessments....more

Twelve Days of Property Tax Protections for Indiana Taxpayers – Day No. 3: Assessors have the Burden to Prove that Changes to...

In conducting mass valuations, Indiana assessing officials generally apply the cost approach. The 2021 Real Property Assessment Manual states, “The Guidelines adopted by the Department of Local Government Finance provide...more

Twelve Days of Property Tax Protections for Indiana Taxpayers – Day No. 2: The Burden Shifting Rule for Changed Land...

The Indiana General Assembly has gifted Hoosier landowners another property tax protection by assigning the burden of proof on appeal to the assessor responsible for changing a property’s land classification. The notice of...more

Twelve Days of Property Tax Protections for Indiana Taxpayers – Day No. 1: The 5% Burden Shifting Rule

As we dive into the 2021 holiday season, I wanted to reflect over the next few weeks on a dozen (or so) gifts that have been given to Hoosier taxpayers by the Indiana General Assembly to protect them from excessive, unfair...more

Indiana Supreme Court: Application of a negative adjustment to common area land owned by Homeowners’ Associations, as required...

In Muir Woods Section One Association, Inc., et al. v. Marion County Assessor (August 26, 2021), the Indiana Supreme Court concluded that, while determining value for the base rate of land may be a subjective determination,...more

April Brings a Shower of Increased Property Tax Assessments for Iowa Businesses

Despite the crush of the COVID-19 pandemic, April 2021 brings a shower of increased property tax assessments for Iowa businesses. Now is the time to analyze and consider challenging excessive values. Iowa’s commercial...more

Quick Property Tax Cuts:  Indiana Board of Tax Review Final Determinations (June – August 2020) – market data necessary; purchase...

Reports should “set out the main points in a series of short, crisp paragraphs. . . . Let us not shrink from using the short expressive phrase, even if it’s conversational.” Winston Churchill (as quoted in The Splendid and...more

Indiana Board of Tax Review may not “ride in on a white horse to save the day” for Assessor who failed to prove his case

Name: CVS Corporation #2519-01 v. Lake County Assessor and CVS Corporation #0434-01 v. Lake County Assessor - Date Issued: May 22, 2020 - Property Type: Retail pharmacy - Assessment Years: 2007 – 2014, 2012 – 2016...more

Has your Indiana property tax assessment increased? Four reasons the burden of proof may have shifted to the Assessor to prove...

Did you or your company open your property tax bill or assessment notice from an Indiana assessor this spring and experience sticker shock? If so – whether retail, office, apartments, industrial, or something else – you can...more

Hospitals, Hotels and Abatements — Indiana Tax Court tackles Property Tax Caps

In two recent opinions and one from last spring, the Indiana Tax Court considered whether property taxes for hospitals and hotels should be calculated using the 2% or 3% tax caps. In both opinions, the Court held that use of...more

Indiana Tax Court affirms Voluntary Dismissals of Property Tax Appeals, where Assessor had not incurrred a “Substantial Expense”

Assessor had spent little time with limited discovery prosecuting case - Name: Marion County Assessor v. Stutz Business Center, LLC - Date Issued: August 30, 2019 - Property Type: Vacant land - Assessment Years:...more

Indiana Tax Court affirms assessment of vacant lot based on appraisal and testimony of the appraiser

Name: Sheerin v. LaPorte County Assessor - Date Issued: December 11, 2019 - Property Type: Vacant lot - Assessment Year: 2015...more

Indiana Tax Court to Assessor: “Taxpayers deserve more than taxation by trickery”

On May 24, 2018, the Indiana Tax Court in Switzerland County Assessor v. Belterra Resort Indiana, LLC partially reversed the Indiana Board of Tax Review, ordering a further reduction to the values of its hotel, riverboat...more

Evidence of Construction Costs and Comparable Assessments Insufficient to Challenge Indiana Homeowner’s Property Tax Value

In Guthrie v. Clark County Assessor (August 13, 2019), Taxpayer challenged the 2018 assessment of her home, pole barn and other improvements before the Indiana Board of Tax Review....more

Despite Market Value USPAP Appraisal and $0 Acquisition Price, Owner of Special Purpose Property Failed to Prove Assessment of...

Name: Wigwam Holdings LLC v. Madison County Assessor - Date Issued: May 8, 2019 - Property Type: 220,000 SF building, including a natatorium, auditorium and 8,996 seat basketball facility...more

Proceed with Caution: Depending on the Facts of the Property and the Assessment, Taxpayer or Assessor May have the Burden of...

Last week I spoke at a seminar regarding recent developments involving Indiana property tax appeal procedures. Following are summaries of various rulings of the Indiana Board of Tax Review (“IBTR”) involving the burden of...more

Indiana Tax Court affirms removal of Obsolescence Adjustment to Residential Property, as Homeowners fail to show comparable...

Case Name: Marinov and Marinova v. Tippecanoe County Assessor - Date Issued: February 20, 2019 - Property Type: Single-family residence...more

Indiana Tax Court affirms assessment for contaminated foundry land, where Owner failed to provide evidence showing the land had a...

Name: Garrett LLC v. Noble County Assessor - Date Issued: September 24, 2018 - Property Type: Former foundry with environmental contamination...more

Indiana Board of Tax Review adopts appraiser’s cost approach with “minimally credible” adjustments in valuing restaurant

Name: L&R Enterprises, LLC v. Hancock County Assessor - Date Issued: July 2, 2018 - Property Type: Restaurant (freestanding, approximately 5,500 sq. ft.)...more

Don't Get Overtaxed: Successful Tax Assessment Challenge Shows Benefits of Apartment Owner Due Diligence

By statute, a variety of property types are assessed based on specific approaches to value – in some cases, at the lowest value indicated by a number of valuation approaches. Apartments are one such property type and, as...more

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