Title 6, TITLE 6. TAXATION

unenforceability Sec. 34. (a) A contract is not valid or enforceable in any court of this state if: (1) the contract is related to tangible property which is given, devised, or bequeathed to an educational, literary, scientific, religious, or charitable institution; (2) the contr…

Sec. 35. (a) For purposes of this chapter, school lands have been sold if: (1) a certificate of sale has been issued to the purchaser or recorded in the proper office; (2) the purchaser has paid all or part of the purchase money; and (3) the purchaser has or could have entered in…

[Pre-1975 Property Tax Recodification Citation: 6-1-1-3.] Formerly: Acts 1975, P.L.47, SEC.1. Repealed by P.L.66-1983, SEC.3.

applicability of exemption; limitations Sec. 36.3. (a) For purposes of this section, property is predominantly used or occupied for one (1) or more stated purposes if it is used or occupied for one (1) or more of those purposes during more than fifty percent (50%) of the time tha…

business Sec. 36.5. (a) Tangible property is not exempt from property taxation under sections 16 through 28 of this chapter or under section 33 of this chapter if it is used by the exempt organization in a trade or business, not substantially related to the exercise or performanc…

Sec. 37. (a) This section does not apply to the lease of a dwelling unit within a public housing project by the tenant of that dwelling unit. (b) If real property that is exempt from taxation is leased to another whose property is not exempt and the leasing of the real property d…

improvements; exemption procedures; review by the county board Sec. 37.5. (a) As used in this section, "common area" means a parcel of land, including improvements, in a residential development that: (1) is legally reserved for the exclusive use and enjoyment of all lot owners, o…

of members Sec. 37.8. For assessment dates after December 31, 2015, tangible personal property is exempt from property taxation if that tangible personal property: (1) is owned by a homeowners association (as defined in IC 32-25.5-2-4); and (2) is held by the homeowners associati…

Sec. 38. This chapter does not contain all of the property tax exemption provisions. The property taxation exemption provisions include, but are not limited to, the following sections: IC 4-20.5-14-3 IC 21-35-2-19 IC 4-20.5-19 IC 21-35-3-20 IC 5-1-4-26 IC 20-47-2-21 IC 6-1.1-10-5…

Sec. 39. Intangible personal property, including the following, is exempt from taxation under this article: (1) A promissory note. (2) A share of stock in a foreign corporation. (3) A bond. (4) A debenture. (5) A postal savings certificate. (6) Equity in a brokerage or trading ac…

Sec. 4. Except as otherwise provided by law, the property owned by a political subdivision of this state is exempt from property taxation. [Pre-1975 Property Tax Recodification Citations: 6-1-1-2(2), (3), (17); 6-1-12-2 part.] Formerly: Acts 1975, P.L.47, SEC.1.

As added by P.L.54-1991, SEC.2. Amended by P.L.64-1993, SEC.1; P.L.90-2002, SEC.103. Repealed by P.L.146-2008, SEC.800.

not qualifying for exemption Sec. 41. (a) This section does not apply to a contract described in section 5.5 of this chapter. (b) If real or personal property that is exempt from taxation under section 2 or 4 of this chapter: (1) is being purchased under a contract of sale by ano…

Sec. 42. (a) A corporation that is: (1) nonprofit; and (2) participates in the small business incubator program under IC 5-28-21; is exempt from property taxation to the extent of tangible property used for small business incubation. (b) A corporation that wishes to obtain an exe…

As added by P.L.74-2003, SEC.3. Repealed by P.L.146-2008, SEC.800.

Sec. 44. (a) As used in this section, "designating body" means the fiscal body of: (1) a county that does not contain a consolidated city; or (2) a municipality. (b) As used in this section, "eligible business" means an entity that meets the following requirements: (1) The entity…

Sec. 45. (a) Tangible personal property consisting of a sign that is manufactured for the Indiana department of transportation in order for the department to comply with 23 U.S.C. 131 is exempt from personal property taxation. (b) The owner of personal property that wishes to obt…

provider Sec. 46. (a) Tangible property owned, occupied, or used by a for-profit provider of early childhood education services to children who are at least four (4) but less than six (6) years of age is exempt from property taxation under section 16 of this chapter only if all t…

centers Sec. 47. (a) This section applies to an assessment date occurring after December 31, 2017. (b) Tangible property owned by a nonprofit corporation is exempt from property taxation if the following apply: (1) The owner is an organization exempt from taxation under Section 5…

and community center Sec. 48. (a) This section applies to assessment dates occurring after December 31, 2016. (b) Tangible property is exempt from property taxation if: (1) it is owned by an Indiana nonprofit public benefit corporation exempt from taxation under Section 501(c)(3)…

Sec. 5. (a) Property is exempt from property taxation if it is owned by a city or town and is used to provide a municipal service. (b) For purposes of this section, property used to provide a municipal service includes: (1) a public school or library; (2) a municipally owned park…

Sec. 5.5. Real property that is held under IC 36-7-17 or IC 36-7-17.1 and that is conveyed by contract with retention of the deed by the city is deemed to be the property of the city held for municipal purposes and is exempt from property taxation. Formerly: Acts 1975, P.L.195, S…

development district Sec. 50. Property designated as exempt under IC 36-7-32.5-15(b) by an executive or the Indiana economic development corporation is exempt from property taxation. As added by P.L.135-2022, SEC.4.

Sec. 6. (a) Property which is owned by a domestic corporation of this state is exempt from property taxation if: (1) the corporation owns a water system or waterworks; (2) the corporation is, pursuant to a contract, supplying its entire output of water at wholesale rates to a cit…

Sec. 7. Property is exempt from property taxation if it is owned by a non-profit corporation which is engaged in the sale and distribution of water. However, this exemption only applies if the corporation is operated on a not-for-profit basis. [Pre-1975 Property Tax Recodificatio…

Sec. 8. Property is exempt from property taxation if it is owned by a non-profit corporation which is engaged in a sewage disposal service within a rural area of this state. However, this exemption only applies if the corporation is operated on a not-for-profit basis. [Pre-1975 P…

Sec. 9. (a) For purposes of this section, "industrial waste control facility" means personal property which is: (1) included either as a part of or an adjunct to a privately owned manufacturing or industrial plant or coal mining operation; and (2) used predominantly to: (A) preve…

Sec. 1. (a) The department shall account for all state gross retail and use taxes that it collects. (b) Of all the state gross retail and use taxes that the department collects, the department shall determine separately the parts that: (1) the department collects under IC 6-2.5-3…

As added by Acts 1980, P.L.52, SEC.1. Amended by P.L.19-1986, SEC.13; P.L.192-2002(ss), SEC.66. Repealed by P.L.146-2020, SEC.20.

As added by Acts 1980, P.L.52, SEC.1. Repealed by P.L.28-1997, SEC.31. IC 6-2.5-10-4 Repealed As added by Acts 1980, P.L.52, SEC.1. Repealed by P.L.28-1997, SEC.31.

Sec. 5. (a) As used in this section, "NAICS code" refers to the code used to classify a particular industry in the current edition of the North American Industry Classification System Manual - United States, published by the National Technical Information Service of the United St…

As added by P.L.53-2017, SEC.2. Repealed by P.L.98-2020, SEC.2.

Sec. 1. As used in this chapter, "enterprise zone" means an enterprise zone created under IC 5-28-15. As added by P.L.9-1986, SEC.8. Amended by P.L.4-2005, SEC.56.

Sec. 1.7. As used in this chapter, "pass through entity" means: (1) a corporation that is exempt from the adjusted gross income tax under IC 6-3-2-2.8(2); (2) a partnership; (3) a limited liability company; or (4) a limited liability partnership. As added by P.L.57-1996, SEC.1.…

Sec. 10. (a) Notwithstanding any other law and except as provided in subsection (b), a taxpayer is entitled to receive a credit under this chapter only for a qualified investment made before January 1, 2018. (b) A taxpayer is entitled to receive a credit for a qualified investmen…

Sec. 2. As used in this chapter, "qualified investment" means the purchase of an ownership interest in a business located in an enterprise zone if the purchase is approved by the Indiana economic development corporation under section 8 of this chapter. As added by P.L.9-1986, SEC…

Sec. 2.5. As used in this chapter, "SIC Manual" refers to the current edition of the Standard Industrial Classification Manual of the United States Office of Management and Budget. As added by P.L.379-1987(ss), SEC.9. Amended by P.L.24-1995, SEC.23.

Sec. 3. As used in this chapter, "state tax liability" means a taxpayer's total tax liability that is incurred under IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax), as computed after the application of the credits that, under IC 6-3.1-1-2, are to be applied before the …

Sec. 4. (a) As used in this chapter, "taxpayer" means any individual that has any state tax liability. (b) Notwithstanding subsection (a), for a credit for a qualified investment in a business located in an enterprise zone in a county having a population of more than one hundred …

Sec. 5. As used in this chapter, "transfer ownership" means to purchase existing investment in a business, including real property, improvements to real property, or equipment. As added by P.L.9-1986, SEC.8.

Sec. 6. (a) A taxpayer is entitled to a credit against the taxpayer's state tax liability for a taxable year if the taxpayer makes a qualified investment in that taxable year. (b) The amount of the credit to which a taxpayer is entitled is the percentage determined under section …

Sec. 6.5. (a) If a pass through entity is entitled to a credit under section 6 of this chapter but does not have state tax liability against which the tax credit may be applied, an individual who is a shareholder, partner, or member of the pass through entity is entitled to a tax…

Sec. 7. (a) If the amount determined under section 6(b) of this chapter for a taxpayer in a taxable year exceeds the taxpayer's state tax liability for that taxable year, the taxpayer may carry the excess over to the following taxable years. The amount of the credit carryover fro…

certification of credit percentage; application of credit on transfer of ownership Sec. 8. (a) To be entitled to a credit, a taxpayer must request the Indiana economic development corporation to determine: (1) whether a purchase of an ownership interest in a business located in a…

Sec. 9. To receive the credit provided by this chapter, a taxpayer must claim the credit on the taxpayer's annual state tax return or returns in the manner prescribed by the department of state revenue. The taxpayer shall submit to the department of state revenue the certificatio…

Sec. 0.5. (a) This section applies to an ordinance adopted under this chapter and in effect on January 1, 2020. (b) An adopting municipality is not required to amend an ordinance subject to this section as a result of amendments to this chapter concerning vehicle type or weight c…

Sec. 1. The following definitions apply throughout this chapter: (1) "Adopting municipality" means an eligible municipality that has adopted the surtax. (2) "Eligible municipality" means a municipality having a population of at least five thousand (5,000). (3) "Fiscal body" has t…

Sec. 10. (a) The fiscal officer of an adopting municipality shall deposit the surtax revenues in a fund to be known as the "municipal surtax fund". (b) An adopting municipality may use the surtax revenues that the adopting municipality receives under this section: (1) to construc…

Sec. 11. On or before October 1 of each year, the fiscal officer of an adopting municipality shall provide the fiscal body of the adopting municipality with an estimate of the surtax revenues to be received by the adopting municipality during the next calendar year. The adopting …

Sec. 12. The following, as applicable, may impose a service charge of fifteen cents ($0.15) for each surtax collected under this chapter: (1) The department. (2) The bureau of motor vehicles under IC 9-14-8-3. As added by P.L.146-2016, SEC.11. Amended by P.L.256-2017, SEC.13.…