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Indiana Department of Local Government Finance issues FAQ regarding personal property tax filings, waiver of penalties, 2020...

As posted earlier, on March 19, 2020, Indiana Governor Eric Holcomb issued Executive Order 20-05. Section 6(B) of the Order states: Property taxes remain due on May 11, 2020, however counties are to waive penalties on...more

Indiana Governor Extends Stay At Home Order to April 20th: Legal and Real Estate / Appraisal / Title Services should be conducted...

Indiana Governor Eric Holcomb has extended the State’s Stay at Home Order in Executive Order 20-18 until April 20, 2020. In the Order, the Governor admonishes that “legal services” and “real estate services (including...more

Indiana Governor Orders Extension of Property Tax Exemption filing deadline from April 1st to June 30th

Indiana’s real and personal property tax exemption petitions (Form 136) are normally due on or before April 1st annually. On March 26, 2020, Indiana Governor Holcomb issued Executive Order 20-12, extending the deadline to...more

Additional Guidance on Penalties for Indiana Property Tax Payments due May 11th and Personal Property Tax Returns Due May 15th

Property Taxes Must be Paid on or before July 10th to avoid penalties. On March 20th I discussed the Indiana Governor’s Executive Order No. 20-05, which calls for property payments (for the January 1, 2019 assessment date...more

Indiana Governor: Property tax payments still due May 11th, but penalties waived for 60 days

On March 19, 2020, Indiana Governor Eric Holcomb issued Executive Order 20-05. Section 6(B) of the Order states...more

Own a Tax-Exempt Property? Be Sure to Timely File Your Applications

The annual exercise of filing real and personal property tax exemption applications is once again upon Indiana taxpayers, as the April 1 deadline for these applications draws near. If an application is required and not filed,...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 “cannot ignore the parties’ and the Indiana Board’s misapprehension of the law” – applies 1% tax cap to...

Name: Purdom v. Knox County Assessor, Knox County Property Tax Assessment Board of Appeals, and Indiana Board of Tax Review - Date Issued: Feb. 11, 2020 - Property Type: Single-family residence - Assessment Date:...more

Declining to reweigh the evidence, Indiana Tax Court affirms assessments of CVS store based on cost approach

Name: CVS Corporation v. Elkhart County Assessor Date Issued: December 9, 2019 - Property Type: Retail pharmacy - Assessment Years: 2012 – 2015...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 Military Museum loses the Educational Purpose Exemption Battle but wins a 75% Charitable Purpose Exemption

Name: McClain Museum, Inc. v. Madison County Assessor - Date Issued: November 7, 2019 - Property Type: Museum - Assessment Year: 2014...more

11/18/2019  /  Museums , Tax Court , Tax Exemptions

Indiana Board of Tax Review may not ignore Taxpayer’s legal arguments; Totality of Evidence supported 100% charitable purpose...

Name: Hebron-Vision, LLC v. Porter County Assessor - Date Issued: October 28, 2019 - Property Type: 80-unit apartment complex - Assessment Years: 2012-2015...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

Indiana Tax Case Study: Avoiding Procedural Pitfalls, Churches Attain Property Tax Exemptions

Indiana law provides several avenues to achieve property tax exemptions for property used to advance religious purposes. In June 2019, The Indiana Board of Tax Review approved application of property tax exemptions to a...more

Tax Court rejects Indiana Board’s “Throwing Darts” to Conclude to a Capitalization Rate That Neither Party’s Appraiser Offered...

Name: Madison County Assessor v. Sedd Realty Company - Date Issued: May 22, 2019 - Property Type: Shopping Center - Assessment Dates: 2009-2012...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

Summary of 2019 Property Tax Legislation Passed by the Indiana General Assembly

The Indiana General Assembly concluded its 2019 legislative session last week, and several bills that passed address Indiana property tax issues, both procedural and substantive. Below is a high level summary of several...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

Environmental monitoring services and cooling towers not subject to Indiana sales tax

On December 26, 2018, the Indiana Department of Revenue, in Letter of Findings No. 04-20171229, sustained Manufacturer’s protest against the assessments of sales tax against environmental monitoring services and cooling...more

The Wrong Stutz – Indiana Tax Court denies motion to dismiss Assessor’s property tax appeal on procedural grounds

In Marion County Assessor v. Stutz Business Center, LLC (January 11, 2019), Owner fell short in its effort to cut short an appeal by a County Assessor challenging the Owner’s voluntary withdrawal of its 2012 to 2014 real...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

Supreme Court Decides South Dakota v. Wayfair, Inc.

On June 21, 2018, the United States Supreme Court decided South Dakota v. Wayfair, Inc., No. 17-494, holding that states can require out-of-state sellers to collect and remit sales tax on goods shipped to the state, even if...more

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