Ind. Code § 6-1.1-46.2-1 "District"
Sec. 1. As used in this chapter, "district" refers to an entrepreneur and enterprise district designated under IC 5-28-15.5.
As added by P.L.238-2017, SEC.18.
Ind. Code ch. 6-1.1-46.2
Ind. Code ch. 6-1.1-46.2
in effectInd. Code § 6-1.1-46.2-2 "District board"
Sec. 2. As used in this chapter, "district board" refers to an entrepreneur and enterprise district board designated under IC 5-28-15.5-2(d).
As added by P.L.238-2017, SEC.18.
Ind. Code § 6-1.1-46.2-3 "Eligible vacant building"
Sec. 3. As used in this chapter, "eligible vacant building" means a building that:
(1) is zoned for commercial or industrial purposes; and
(2) is unoccupied for at least one (1) year before the owner of the building or a tenant of the owner occupies the building, as evidenced by a valid certificate of occupancy, paid utility receipts, executed lease agreements, or any other evidence of occupation that the district board requires.
As added by P.L.238-2017, SEC.18.
Ind. Code § 6-1.1-46.2-4 Application for deduction; district board; statement of benefits; contents
Sec. 4. The owner of an eligible vacant building may apply to a district board for a deduction under this chapter for the occupation of an eligible vacant building within a district. An application under this section must:
(1) be submitted to the district board before the owner or tenant of the eligible vacant building occupies the eligible vacant building; and
(2) include a statement of benefits specifying the following information:
(A) A description of the eligible vacant building that the property owner or a tenant of the property owner will occupy.
(B) An estimate of the number of individuals who will be employed or whose employment will be retained by the property owner or the tenant as a result of the occupation of the eligible vacant building, and an estimate of the annual salaries of those individuals.
(C) Information regarding efforts by the owner or a previous owner to sell, lease, or rent the eligible vacant building during the period the eligible vacant building was unoccupied.
(D) Information regarding the amount for which the eligible vacant building was offered for sale, lease, or rent by the owner or a previous owner during the period the eligible vacant building was unoccupied.
(E) Any other information required by the district board.
As added by P.L.238-2017, SEC.18.
Ind. Code § 6-1.1-46.2-5 Form; application and statement of benefits; public record
Sec. 5. The department of local government finance shall prescribe a form for the application and statement of benefits under section 4 of this chapter. The application and statement of benefits are public records that may be inspected and copied under IC 5-14-3.
As added by P.L.238-2017, SEC.18.
Ind. Code § 6-1.1-46.2-6 District board review of application; resolution to approve deduction; required findings; approval by fiscal body of municipality
Sec. 6. (a) The district board shall review an application and statement of benefits submitted under section 4 of this chapter, and the district board shall determine whether the property owner should be granted a deduction under this chapter after the district board has made the following findings:
(1) Whether the estimate of the number of individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed occupation of the eligible vacant building.
(2) Whether the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed occupation of the eligible vacant building.
(3) Whether any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed occupation of the eligible vacant building.
(4) Whether the occupation of the eligible vacant building will increase the tax base and assist in the rehabilitation of the district.
(5) Whether the totality of benefits is sufficient to justify the deduction.
(b) A district board may adopt a resolution approving the application and statement of benefits and granting a deduction under this chapter if:
(1) the district board makes the findings required by subsection (a); and
(2) the granting of the deduction is approved by the fiscal body of the municipality in which the district is located.
As added by P.L.238-2017, SEC.18.
Ind. Code § 6-1.1-46.2-7 Entitlement to deduction; eligible vacant building used for commercial or industrial purposes
Sec. 7. Except as otherwise provided in this chapter, if an application is approved by resolution of the district board and by resolution of the fiscal body of the municipality under section 6 of this chapter, the owner of the eligible vacant building is entitled to a deduction from the assessed value of the building if the property owner or a tenant of the property owner occupies the eligible vacant building and uses it for commercial or industrial purposes. The property owner is entitled to the deduction:
(1) for the first year in which the property owner or a tenant of the property owner occupies the eligible vacant building and uses it for commercial or industrial purposes; and
(2) for subsequent years determined in the abatement schedule under section 8 of this chapter in which the property owner or a tenant of the property owner occupies the eligible vacant building and uses it for commercial or industrial purposes.
As added by P.L.238-2017, SEC.18.
Ind. Code § 6-1.1-46.2-8 Abatement schedule; duration
Sec. 8. The district board, with the approval of the fiscal body of the municipality in which the district is located, shall determine the abatement schedule for a deduction granted under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten (10) years.
As added by P.L.238-2017, SEC.18.
Ind. Code § 6-1.1-46.2-9 Amount of deduction
Sec. 9. Subject to the requirements of this chapter, the amount of the deduction a property owner is entitled to receive under this chapter for a particular year equals the product of:
(1) the assessed value of the building or part of the building that is occupied by the property owner or a tenant of the property owner; multiplied by
(2) the percentage determined for the assessment date by the district board under section 8 of this chapter.
As added by P.L.238-2017, SEC.18.
Ind. Code § 6-1.1-46.2-10 Process to claim deduction; compliance information
Sec. 10. (a) The district board shall send to the county auditor a certified copy of a resolution approving a deduction under this chapter. A property owner who desires to obtain a deduction under this chapter for an assessment date must file a certified deduction application, on forms prescribed by the department of local government finance, with the auditor of the county in which the property is located. The property owner must file the deduction application with the county auditor before May 15 of the year that includes the assessment date and must provide a copy of the deduction application to the district board.
(b) A deduction application filed by the property owner with the county auditor must provide the county auditor and the district board with information showing the extent to which there has been compliance with the statement of benefits approved under section 6 of this chapter. This information must be included in the deduction application and must also be updated each year in which the deduction is applicable according to a schedule determined by the district board.
As added by P.L.238-2017, SEC.18.
Ind. Code § 6-1.1-46.2-11 Failure to comply with statement of benefits; hearing; determination; resolution; notice; appeal
Sec. 11. (a) Not later than forty-five (45) days after receipt of the information described in section 10(b) of this chapter concerning compliance with the statement of benefits, the district board may determine whether the property owner has substantially complied with the statement of benefits. If the district board determines that the property owner has not substantially complied with the statement of benefits and that the failure to substantially comply was not caused by factors beyond the control of the property owner, the district board shall mail a written notice to the property owner. The written notice must include the following provisions:
(1) An explanation of the reasons for the district board's determination.
(2) The date, time, and place of a hearing to be conducted by the district board for the purpose of further considering the property owner's compliance with the statement of benefits. The date of the hearing may not be more than thirty (30) days after the date on which the notice is mailed.
(b) On the date specified in the notice described in subsection (a)(2), the district board shall conduct a hearing for the purpose of further considering the property owner's compliance with the statement of benefits. Based on the information presented at the hearing by the property owner and other interested parties, the district board shall again determine whether the property owner has made reasonable efforts to substantially comply with the statement of benefits and whether any failure to substantially comply was caused by factors beyond the control of the property owner. If the district board determines that the property owner has not made reasonable efforts to comply with the statement of benefits, the district board shall adopt a resolution terminating the property owner's deduction under this chapter. If the district board adopts such a resolution, the deduction does not apply to the next installment of property taxes owed by the property owner or to any subsequent installment of property taxes.
(c) If the district board adopts a resolution terminating a deduction under subsection (b), the district board shall immediately mail a certified copy of the resolution to:
(1) the property owner;
(2) the county auditor; and
(3) the county assessor.
The county auditor shall remove the deduction from the tax duplicate and shall notify the county treasurer of the termination of the deduction. If the district board's resolution is adopted after the county treasurer has mailed the statement required by IC 6-1.1-22-8.1, the county treasurer shall immediately mail the property owner a revised statement that reflects the termination of the deduction.
(d) A property owner whose deduction is terminated by the district board under this section may appeal the district board's decision by filing a complaint in the office of the clerk of the circuit or superior court together with a bond conditioned to pay the costs of the appeal if the appeal is determined against the property owner. An appeal under this subsection shall be promptly heard by the court without a jury and determined not later than thirty (30) days after the time of the filing of the appeal. The court shall hear evidence on the appeal and may confirm the action of the district board or sustain the appeal. The judgment of the court is final and conclusive unless an appeal is taken as in other civil actions.
(e) If an appeal under subsection (d) is pending, the taxes resulting from the termination of the deduction are not due until after the appeal is finally adjudicated and the termination of the deduction is finally determined.
As added by P.L.238-2017, SEC.18.
Ind. Code § 6-1.1-46.2-12 Fee for filing an application; standards for granting a deduction
Sec. 12. A district board may, by resolution, do the following:
(1) Impose a fee for the filing of an application for a deduction under this chapter. The fee may be sufficient to defray actual processing and administrative costs associated with the application.
(2) Establish general written standards for the granting of a deduction under this chapter. The written standards must be reasonably related to accomplishing the purposes of this chapter.
As added by P.L.238-2017, SEC.18.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/6Fetched: 10/17/2026