Ind. Code ch. 6-1.1-17

in effect

Ind. Code § 6-1.1-17-0.3 "Nonconforming"; application

Sec. 0.3. (a) "Nonconforming" means any action of a person under this chapter that does not strictly conform to the requirements, standards, computations, or thresholds prescribed by the statute or statutes that govern the action. This includes any: (1) filing; (2) report; (3) determination; (4) calculation; or (5) other action; required under this chapter. (b) This subsection applies to a review by a public agency or court of competent jurisdiction of an action of a person taken under this chapter. To the extent that a statute prescribes a requirement, standard, computation, or threshold by which an action may or may not be taken, a person may not be held to have satisfied the requirement, standard, computation, or threshold if the action is nonconforming with respect to the statute that governs the action. (c) This subsection applies to any: (1) filing; (2) report; (3) determination; (4) calculation; or (5) other action; required under this chapter. Notwithstanding the principle of substantial compliance with statutory requirements, an action described in this subsection may not be deemed to have substantially complied with the applicable statutory requirement if the form or content of that action is less than, or different from, what is expressly described as being required in the statute. As added by P.L.38-2021, SEC.23.

Ind. Code § 6-1.1-17-0.5 Exclusion by county auditor of certain assessed value on tax duplicate; county auditor reduction of assessed value used to set tax rates; limitation on reduction; reduction may not be offered as evidence in appeal

Sec. 0.5. (a) For purposes of this section, "net assessed value" means assessed value after the application of deductions, exemptions, and abatements. (b) The county auditor may exclude and keep separate on the tax duplicate for taxes payable in a calendar year the net assessed value of tangible property that meets the following conditions: (1) The net assessed value of the property is at least nine percent (9%) of the net assessed value of all tangible property subject to taxation by a taxing district. (2) The property is or has been part of a bankruptcy estate that is subject to protection under the federal bankruptcy code. (3) The owner of the property has discontinued all business operations on the property. (4) There is a high probability that the taxpayer will not pay property taxes due on the property in the following year. (c) This section does not limit, restrict, or reduce in any way the property tax liability on the property. (d) For each taxing district located in the county, the county auditor may reduce for a calendar year the taxing district's net assessed value that is certified to the department of local government finance under section 1 of this chapter and used to set tax rates for the taxing district for taxes first due and payable in the immediately succeeding calendar year. The county auditor may reduce a taxing district's net assessed value under this subsection only to enable the taxing district to absorb the effects of reduced property tax collections in the immediately succeeding calendar year that are expected to result from any or a combination of the following: (1) Successful appeals of the assessed value of property located in the taxing district. (2) Deductions under IC 6-1.1-12-37 and IC 6-1.1-12-37.5 that result from the granting of applications for the standard deduction for the calendar year under IC 6-1.1-12-37 or IC 6-1.1-12-44 after the county auditor certifies net assessed value as described in this section. (3) Deductions that result from the granting of applications for deductions for the calendar year under IC 6-1.1-12-44 after the county auditor certifies net assessed value as described in this section. (4) Reassessments of real property under IC 6-1.1-4-11.5. Not later than July 31 of each year, the county auditor shall send a certified statement, under the seal of the board of county commissioners, to the fiscal officer of each political subdivision of the county and to the department of local government finance. The certified statement must list any adjustments to the amount of the reduction under this subsection and the information submitted under section 1 of this chapter that are necessary. The county auditor shall keep separately on the tax duplicate the amount of any reductions made under this subsection. The maximum amount of the reduction authorized under this subsection is determined under subsection (e). (e) The amount of the reduction in a taxing district's net assessed value for a calendar year under subsection (d) may not exceed two percent (2%) of the net assessed value of tangible property subject to assessment in the taxing district in that calendar year. (f) The amount of a reduction under subsection (d) may not be offered in a proceeding before the: (1) county property tax assessment board of appeals; (2) Indiana board; or (3) Indiana tax court; as evidence that a particular parcel has been improperly assessed. As added by P.L.291-2001, SEC.206. Amended by P.L.154-2006, SEC.41; P.L.144-2008, SEC.39; P.L.90-2009, SEC.2; P.L.182-2009(ss), SEC.113; P.L.137-2012, SEC.20; P.L.184-2016, SEC.3.

Ind. Code § 6-1.1-17-0.7 Estimates of debt service; property tax rates and revenue; report of annexations

Sec. 0.7. (a) Before June 15 of each year after 2019, the fiscal officer of each political subdivision shall provide the department of local government finance with: (1) an estimate of the total amount of the political subdivision's debt service obligations (as defined in IC 6-1.1-20.6-9.8) that will be due in the last six (6) months of the current year and in the ensuing year; and (2) a report of any annexations that took place within the county and were effective on or after January 1 of the preceding year but before January 1 of the current year. (b) Before July 15 of each year after 2017, the department of local government finance shall provide the following to each political subdivision: (1) An estimate of the maximum property tax rate that may be imposed by the political subdivision for property taxes payable in the ensuing year for each cumulative fund or other fund for which a maximum property tax rate is established by law. (2) An estimate of the property tax rates that would be imposed by the political subdivision for property taxes payable in the ensuing year for debt service. (c) The department of local government finance shall before August 1 of each year after 2017 provide to each political subdivision an estimate of the maximum amount of net property tax revenue and miscellaneous revenue that the political subdivision will receive in the ensuing year if the political subdivision's property tax rates are imposed at the maximum allowed under law and if the political subdivision imposes the maximum permissible ad valorem property tax levy allowed under law for the political subdivision. In making each of the estimates under this subsection, the department of local government finance shall consider the estimated amount of any credits that will be granted under IC 6-1.1-20.6 against property taxes imposed by the political subdivision. As added by P.L.184-2016, SEC.4. Amended by P.L.159-2020, SEC.21; P.L.38-2021, SEC.24.

Ind. Code § 6-1.1-17-1 County auditor certified statement; amendment of statement; submission of parcel level data

Sec. 1. (a) On or before August 1 of each year, the county auditor shall submit a certified statement of the assessed value for the ensuing year to the department of local government finance in the manner prescribed by the department. (b) The department of local government finance shall make the certified statement available on the department's computer gateway. (c) Subject to subsection (d), after the county auditor submits a certified statement under subsection (a) or an amended certified statement under this subsection with respect to a political subdivision and before the department of local government finance certifies its action with respect to the political subdivision under section 16(i) of this chapter, the county auditor may amend the information concerning assessed valuation included in the earlier certified statement. The county auditor shall, in a manner prescribed by the department, submit a certified statement amended under this subsection to the department of local government finance by the later of: (1) September 1; (2) fifteen (15) days after the original certified statement is submitted to the department under subsection (a); or (3) fifteen (15) days after the department of local government finance notifies the county auditor of an error in the original certified statement submitted under subsection (a) that the department determines must be corrected. (d) Before the county auditor makes an amendment under subsection (c), the county auditor must provide written notice of the amendment to the county fiscal body, the department of local government finance, and the fiscal officers of the affected taxing units within the county. If the county auditor makes the amendment as a result of information provided to the county auditor by an assessor, the county auditor shall also give notice of the amendment to the assessor. (e) Beginning in 2018, each county auditor shall submit to the department of local government finance parcel level data of certified net assessed values as required by the department. A county auditor shall submit the parcel level data in the manner and format required by the department and according to a schedule determined by the department. (f) If the county auditor fails to submit a certified statement of the assessed value for the ensuing year to the department of local government finance on or before August 1 in accordance with subsection (a), then the county auditor shall provide electronic notice by August 1 of the same calendar year to the county fiscal body, the department of local government finance, and each political subdivision in the county subject to section 16 of this chapter. The electronic notice must include a written statement acknowledging noncompliance and detail the reasons why the statutory deadline set forth in subsection (a) was not met. (g) The department of local government finance shall, before February 2, 2027, and before February 2 of each year thereafter, submit a report of the counties that failed to meet the statutory deadline set forth in subsection (a) to the legislative services agency for distribution to the members of the legislative council. The report must be in an electronic format under IC 5-14-6. [Pre-1975 Property Tax Recodification Citations: 6-1-1-22 part; 6-1-1-33.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.37-1992, SEC.4; P.L.49-1996, SEC.1; P.L.50-1996, SEC.1; P.L.90-2002, SEC.147; P.L.154-2006, SEC.42; P.L.146-2008, SEC.146; P.L.1-2010, SEC.25; P.L.137-2012, SEC.21; P.L.112-2012, SEC.33; P.L.137-2012, SEC.22; P.L.184-2016, SEC.5; P.L.174-2022, SEC.35; P.L.236-2023, SEC.27; P.L.156-2024, SEC.12; P.L.230-2025, SEC.41; P.L.157-2026, SEC.64.

Ind. Code § 6-1.1-17-2 Budget estimates

Sec. 2. (a) When formulating an annual budget estimate, the proper officers of a political subdivision shall prepare an estimate of the amount of revenue which the political subdivision will receive from the state for and during the budget year for which the budget is being formulated. These estimated revenues shall be shown in the budget estimate and shall be taken into consideration in calculating the tax levy which is to be made for the ensuing calendar year. However, this section does not apply to funds to be received from the state or the federal government for: (1) township assistance; (2) unemployment relief; (3) old age pensions; or (4) other funds which may at any time be made available under "The Economic Security Act" or under any other federal act which provides for civil and public works projects. (b) When formulating an annual budget estimate, the proper officers of a political subdivision shall prepare an estimate of the amount of revenue that the political subdivision will receive under a development agreement (as defined in IC 36-1-8-9.5) for and during the budget year for which the budget is being formulated. Revenue received under a development agreement may not be used to reduce the political subdivision's maximum levy under IC 6-1.1-18.5 but may be used at the discretion of the political subdivision to reduce the property tax levy of the political subdivision for a particular year. [Pre-1975 Property Tax Recodification Citation: 6-1-45-1 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.50-1996, SEC.2; P.L.73-2005, SEC.1; P.L.199-2005, SEC.12; P.L.1-2006, SEC.135.

Ind. Code § 6-1.1-17-3 Formulation of local budgets, tax rates, and levies; public notice; availability on computer gateway; solid waste management districts; township trustee estimate of cost of township assistance

Sec. 3. (a) The proper officers of a political subdivision shall formulate its estimated budget and its proposed tax rate and tax levy on the form prescribed by the department of local government finance and approved by the state board of accounts. In formulating a political subdivision's estimated budget under this section, the proper officers of the political subdivision must consider the net property tax revenue that will be collected by the political subdivision during the ensuing year, after taking into account the estimate by the department of local government finance under IC 6-1.1-20.6-11.1 of the amount by which the political subdivision's distribution of property taxes will be reduced by credits under IC 6-1.1-20.6-9.5 in the ensuing year, after taking into account the estimate by the department of local government finance under section 0.7 of this chapter of the maximum amount of net property tax revenue and miscellaneous revenue that the political subdivision will receive in the ensuing year, and after taking into account all payments for debt service obligations that are to be made by the political subdivision during the ensuing year. The political subdivision or appropriate fiscal body, if the political subdivision is subject to section 20 of this chapter, shall submit the following information to the department's computer gateway: (1) The estimated budget. (2) The estimated maximum permissible levy, as provided by the department under IC 6-1.1-18.5-24. (3) The current and proposed tax levies of each fund. (4) The percentage change between the current and proposed tax levies of each fund. (5) The amount by which the political subdivision's distribution of property taxes may be reduced by credits granted under IC 6-1.1-20.6, as estimated by the department of local government finance under IC 6-1.1-20.6-11.1. (6) The amounts of excessive levy appeals to be requested. (7) The time and place at which the political subdivision or appropriate fiscal body will hold a public hearing on the items described in subdivisions (1) through (6). (8) The amount of any increase in the tax rate and tax levies of the political subdivision in an ordinance adopted under section 23 of this chapter. (9) The time and place at which the political subdivision or appropriate fiscal body will meet to fix the budget, tax rate, and levy under section 5 of this chapter. (10) The date, time, and place of the final adoption of the budget, tax rate, and levy under section 5 of this chapter. Except as provided in section 5.6(b) of this chapter, the political subdivision or appropriate fiscal body shall submit this information to the department's computer gateway at least ten (10) days before the public hearing required by this subsection in the manner prescribed by the department. If the date, time, or place of the final adoption subsequently changes, the political subdivision shall update the information submitted to the department's computer gateway. The department shall make this information available to taxpayers, at least ten (10) days before the public hearing, through its computer gateway and provide a telephone number through which taxpayers may request mailed copies of a political subdivision's information under this subsection. The department's computer gateway must allow a taxpayer to search for the information under this subsection by the taxpayer's address. The department shall review only the submission to the department's computer gateway for compliance with this section. (b) The board of directors of a solid waste management district established under IC 13-21 or IC 13-9.5-2 (before its repeal) may conduct the public hearing required under subsection (a): (1) in any county of the solid waste management district; and (2) in accordance with the annual notice of meetings published under IC 13-21-5-2. (c) The trustee of each township in the county shall estimate the amount necessary to meet the cost of township assistance in the township for the ensuing calendar year. The township board shall, subject to section 23 of this chapter, adopt with the township budget a tax rate sufficient to meet the estimated cost of township assistance. The taxes collected as a result of the tax rate adopted under this subsection are credited to the township assistance fund. (d) A political subdivision for which any of the information under subsection (a) is not submitted to the department's computer gateway in the manner prescribed by the department shall have its most recent annual appropriations and annual tax levy continued for the ensuing budget year. (e) If a political subdivision or appropriate fiscal body timely submits the information under subsection (a) but subsequently discovers the information contains an error, the political subdivision or appropriate fiscal body may submit amended information to the department's computer gateway. However, submission of an amendment to information described in subsection (a)(1) through (a)(7) must occur at least ten (10) days before the public hearing held under subsection (a), and submission of an amendment to information described in subsection (a)(8) through (a)(9) must occur at least twenty-four (24) hours before the time in which the meeting to fix the budget, tax rate, and levy was originally advertised to commence. (f) Each year, the governing body of a school corporation that imposes property taxes to pay debt service on bonds or lease rentals on a lease for a controlled project under IC 6-1.1-20, property taxes under an operating referendum tax levy under IC 20-46-1, or property taxes under a school safety referendum tax levy under IC 20-46-9, shall submit the following information at least ten (10) days before the public hearing required by subsection (a) in the manner prescribed by the department: (1) the purposes specified in the public question submitted to the voters or any revenue spending plans adopted under IC 6-1.1-20-13, IC 20-46-1-8, or IC 20-46-9-6 for: (A) debt service on bonds or lease rentals on a lease for a controlled project under IC 6-1.1-20; (B) an operating referendum tax levy approved by the voters of the school corporation under IC 20-46-1; or (C) a school safety referendum tax levy approved by the voters of the school corporation under IC 20-46-9; as applicable; and (2) the debt service levy fund, operating referendum tax levy fund, or school safety referendum tax levy fund of the school corporation, whichever is applicable; to show whether the school corporation is using revenue collected from the referendum tax levy in the amounts and for the purposes established in the purposes specified in the public question submitted to the voters or the revenue spending plan, as applicable. The department shall make this information available to taxpayers at least ten (10) days before the public hearing. [Pre-1975 Property Tax Recodification Citations: 6-1-1-24 part; 6-1-46-5 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1981, P.L.45, SEC.5; P.L.34-1994, SEC.1; P.L.33-1994, SEC.1; P.L.1-1996, SEC.41; P.L.51-1996, SEC.1; P.L.49-1996, SEC.2; P.L.2-1997, SEC.17; P.L.50-1996, SEC.3; P.L.90-2002, SEC.148; P.L.178-2002, SEC.23; P.L.256-2003, SEC.14; P.L.73-2005, SEC.2; P.L.234-2005, SEC.3; P.L.162-2006, SEC.3; P.L.219-2007, SEC.49; P.L.224-2007, SEC.5; P.L.3-2008, SEC.41; P.L.146-2008, SEC.147; P.L.87-2009, SEC.6; P.L.136-2009, SEC.6; P.L.182-2009(ss), SEC.114; P.L.137-2012, SEC.23; P.L.183-2014, SEC.20; P.L.184-2016, SEC.6; P.L.257-2019, SEC.33; P.L.159-2020, SEC.22; P.L.38-2021, SEC.25; P.L.136-2021, SEC.2; P.L.220-2021, SEC.2; P.L.68-2025, SEC.55.

Ind. Code § 6-1.1-17-3.1 School corporation operating referendum tax levy; maximum amount

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 3.1. (a) This section: (1) applies only to an operating referendum tax levy under IC 20-46-1 approved by the voters before January 1, 2023, that is imposed by a school corporation for taxes first due and payable in 2024 and 2025; (2) does not apply to an operating referendum tax levy under IC 20-46-1: (A) approved by the voters during a time that the school corporation imposing the levy was designated as a distressed political subdivision; or (B) approved by the voters after December 31, 2022, and before January 1, 2025, that is imposed by a school corporation for taxes first due and payable in 2024 or 2025; and (3) does not apply to any other tax year. (b) As used in this section, "ADM" refers to the school corporation's average daily membership used to determine the state tuition support distribution under IC 20-43. In the case of a school corporation that has entered into an agreement with one (1) or more charter schools to participate as an innovation network charter school under IC 20-25.7-5, the term includes the average daily membership of any innovation network charter school that is treated as a school operated by the school corporation when calculating the total amount of state tuition support to be distributed to the school corporation. (c) Notwithstanding any increase in the assessed value of property from the previous assessment date, for taxes first due and payable in 2024, the total amount of operating referendum tax that may be levied by a school corporation may not exceed the lesser of: (1) the maximum operating referendum tax that could have been levied by the school corporation if the maximum referendum rate was imposed for taxes first due and payable in 2023 multiplied by one and three-hundredths (1.03); or (2) the maximum operating referendum tax that could otherwise be levied by the school corporation for taxes first due and payable in 2024. The tax rate for an operating referendum tax levy shall be decreased, if necessary, to comply with this limitation. (d) Notwithstanding any increase in the assessed value of property from the previous assessment date, for taxes first due and payable in 2025, the total amount of operating referendum tax that may be levied by a school corporation may not exceed the lesser of the following: (1) The maximum operating referendum tax that could have been levied by the school corporation if the maximum referendum rate was imposed for taxes first due and payable in the immediately preceding calendar year, as adjusted by this section, multiplied by the result determined under STEP SEVEN of the following formula: STEP ONE: Subtract: (i) the school corporation's spring count of ADM made in the calendar year preceding by five (5) years the calendar year in which the property taxes are first due and payable; from (ii) the school corporation's spring count of ADM made in the immediately preceding calendar year. STEP TWO: Divide the STEP ONE result by four (4). STEP THREE: Divide the STEP TWO result by the school corporation's spring count of ADM made in the calendar year preceding by five (5) years the calendar year in which the property taxes are first due and payable. STEP FOUR: Multiply the STEP THREE amount by one and five-tenths (1.5). STEP FIVE: Add the STEP FOUR result and one and six-hundredths (1.06). STEP SIX: Determine the greater of the STEP FIVE result or one and six-hundredths (1.06). STEP SEVEN: Determine the lesser of the STEP SIX result or one and twelve-hundredths (1.12). (2) The maximum operating referendum tax that could otherwise be levied by the school corporation for taxes first due and payable in the current calendar year. The tax rate for an operating referendum tax levy shall be decreased, if necessary, to comply with this limitation. (e) The department of education shall provide to the department of local government finance each school corporation's applicable ADM counts as needed to make the determinations under this section. As added by P.L.239-2023, SEC.4. Amended by P.L.136-2024, SEC.20.

Ind. Code § 6-1.1-17-3.1 School corporation operating referendum tax levy; maximum amount

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 3.1. (a) This section: (1) applies only to an operating referendum tax levy under IC 20-46-1 approved by the voters before January 1, 2023, that is imposed by a school corporation for taxes first due and payable in 2024 and 2025; (2) does not apply to an operating referendum tax levy under IC 20-46-1: (A) approved by the voters during a time that the school corporation imposing the levy was designated as a distressed political subdivision; or (B) approved by the voters after December 31, 2022, and before January 1, 2025, that is imposed by a school corporation for taxes first due and payable in 2024 or 2025; and (3) does not apply to any other tax year. (b) As used in this section, "ADM" refers to the school corporation's average daily membership used to determine the state tuition support distribution under IC 20-43. In the case of a school corporation that has entered into an agreement with one (1) or more charter schools to participate as an innovation network charter school under IC 20-25.7-5, the term includes the following: (1) For a participating innovation network charter school described in IC 20-25.7-5-2(a), the average daily membership of any innovation network charter school that is treated as a school operated by the school corporation when calculating the total amount of state tuition support to be distributed to the school corporation. (2) For a participating innovation network charter school described in IC 20-25.7-5-2.5(a), the average daily membership of students described in IC 20-25.7-5-2.5(c)(2) of any innovation network charter school that is treated as a school operated by the school corporation with regard to students described in IC 20-25.7-5-2.5(c)(2) when calculating the total amount of state tuition support to be distributed to the school corporation. (c) Notwithstanding any increase in the assessed value of property from the previous assessment date, for taxes first due and payable in 2024, the total amount of operating referendum tax that may be levied by a school corporation may not exceed the lesser of: (1) the maximum operating referendum tax that could have been levied by the school corporation if the maximum referendum rate was imposed for taxes first due and payable in 2023 multiplied by one and three-hundredths (1.03); or (2) the maximum operating referendum tax that could otherwise be levied by the school corporation for taxes first due and payable in 2024. The tax rate for an operating referendum tax levy shall be decreased, if necessary, to comply with this limitation. (d) Notwithstanding any increase in the assessed value of property from the previous assessment date, for taxes first due and payable in 2025, the total amount of operating referendum tax that may be levied by a school corporation may not exceed the lesser of the following: (1) The maximum operating referendum tax that could have been levied by the school corporation if the maximum referendum rate was imposed for taxes first due and payable in the immediately preceding calendar year, as adjusted by this section, multiplied by the result determined under STEP SEVEN of the following formula: STEP ONE: Subtract: (i) the school corporation's spring count of ADM made in the calendar year preceding by five (5) years the calendar year in which the property taxes are first due and payable; from (ii) the school corporation's spring count of ADM made in the immediately preceding calendar year. STEP TWO: Divide the STEP ONE result by four (4). STEP THREE: Divide the STEP TWO result by the school corporation's spring count of ADM made in the calendar year preceding by five (5) years the calendar year in which the property taxes are first due and payable. STEP FOUR: Multiply the STEP THREE amount by one and five-tenths (1.5). STEP FIVE: Add the STEP FOUR result and one and six-hundredths (1.06). STEP SIX: Determine the greater of the STEP FIVE result or one and six-hundredths (1.06). STEP SEVEN: Determine the lesser of the STEP SIX result or one and twelve-hundredths (1.12). (2) The maximum operating referendum tax that could otherwise be levied by the school corporation for taxes first due and payable in the current calendar year. The tax rate for an operating referendum tax levy shall be decreased, if necessary, to comply with this limitation. (e) The department of education shall provide to the department of local government finance each school corporation's applicable ADM counts as needed to make the determinations under this section. As added by P.L.239-2023, SEC.4. Amended by P.L.136-2024, SEC.20; P.L.151-2026, SEC.2.

Ind. Code § 6-1.1-17-3.5 Repealed

As added by P.L.146-2008, SEC.148. Amended by P.L.182-2009(ss), SEC.115; P.L.137-2012, SEC.24; P.L.257-2013, SEC.7. Repealed by P.L.184-2016, SEC.7.

Ind. Code § 6-1.1-17-3.6 County fiscal body review of levy limits and tax reductions from credits; meeting by county fiscal body; recommendations

Sec. 3.6. (a) At the first meeting of the county fiscal body in August, the county fiscal body shall review the following: (1) The estimated levy limits provided by the department of local government finance under IC 6-1.1-18.5-24. (2) The estimate provided by the department of local government finance under IC 6-1.1-20.6-11.1 of how each taxing unit's distribution of property taxes will be reduced by credits under IC 6-1.1-20.6. (b) The county fiscal body may request that representatives from the taxing units located within the county attend the meeting described in subsection (a). (c) The county fiscal body must allow a representative of a taxing unit that attends the meeting described in subsection (a) to comment on the taxing unit's proposed budgets, tax levies, and tax rates for the ensuing calendar year. (d) After the county fiscal body has held the meeting required by this section, the county fiscal body may prepare and distribute a written recommendation for taxing units in the county. If the county fiscal body does not prepare a written recommendation, the minutes of the meeting held under this section shall be distributed by the county auditor to all taxing units in the county after the minutes have been approved by the county fiscal body. As added by P.L.184-2016, SEC.8.

Ind. Code § 6-1.1-17-3.7 Repealed

As added by P.L.257-2013, SEC.8. Amended by P.L.53-2014, SEC.72. Repealed by P.L.184-2016, SEC.9.

Ind. Code § 6-1.1-17-4 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-1-24 part.] Formerly: Acts 1975, P.L.47, SEC.1. Repealed by Acts 1981, P.L.45, SEC.105.

Ind. Code § 6-1.1-17-5 Time for meetings; objections; required information; carryover; information on adopting document

Sec. 5. (a) The officers of political subdivisions shall meet each year to fix the budget, tax rate, and tax levy of their respective subdivisions for the ensuing budget year as follows: (1) The board of school trustees of a school corporation that is located in a city having a population of more than one hundred thousand (100,000) and less than one hundred ten thousand (110,000), not later than: (A) the time required in section 5.6(b) of this chapter; or (B) November 1 if a resolution adopted under section 5.6(d) of this chapter is in effect. (2) Except as provided in section 5.2 of this chapter, the proper officers of all other political subdivisions that are not school corporations, not later than November 1. (3) The governing body of a school corporation (other than a school corporation described in subdivision (1)) that elects to adopt a budget under section 5.6 of this chapter for budget years beginning after June 30, 2011, not later than the time required under section 5.6(b) of this chapter for budget years beginning after June 30, 2011. (4) The governing body of a school corporation that is not described in subdivision (1) or (3), not later than November 1. Except in a consolidated city and county and in a second class city, the public hearing required by section 3 of this chapter must be completed at least ten (10) days before the proper officers of the political subdivision meet to fix the budget, tax rate, and tax levy. In a consolidated city and county and in a second class city, that public hearing, by any committee or by the entire fiscal body, may be held at any time after introduction of the budget. (b) Ten (10) or more taxpayers may object to a budget, tax rate, or tax levy of a political subdivision fixed under subsection (a) by filing an objection petition with the proper officers of the political subdivision not more than seven (7) days after the hearing. The objection petition must specifically identify the provisions of the budget, tax rate, and tax levy to which the taxpayers object. (c) If a petition is filed under subsection (b), the fiscal body of the political subdivision shall adopt with its budget a finding concerning the objections in the petition and any testimony presented at the adoption hearing. (d) A political subdivision shall file the budget adopted by the political subdivision with the department of local government finance not later than five (5) business days after the budget is adopted under subsection (a). The filing with the department of local government finance must be in a manner prescribed by the department. (e) In a consolidated city and county and in a second class city, the clerk of the fiscal body shall, notwithstanding subsection (d), file the adopted budget and tax ordinances with the department of local government finance within five (5) business days after the ordinances are signed by the executive, or within five (5) business days after action is taken by the fiscal body to override a veto of the ordinances, whichever is later. (f) If a fiscal body does not fix the budget, tax rate, and tax levy of the political subdivisions for the ensuing budget year as required under this section, the most recent annual appropriations and annual tax levy are continued for the ensuing budget year. (g) When fixing a budget, tax rate, or tax levy under subsection (a), the political subdivision shall indicate on its adopting document, in the manner prescribed by the department, whether the political subdivision intends to: (1) issue debt after December 1 of the year preceding the budget year; or (2) file a shortfall appeal under IC 6-1.1-18.5-16. [Pre-1975 Property Tax Recodification Citations: 6-1-1-22 part; 6-1-1-32 part; 6-1-46-4 part; 6-1-46-5 part. Pre-Local Government Recodification Citations: 6-1.1-17-5; 17-3-78-1; 17-3-78-2; 17-3-78-3; 18-4-4-4.5 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1979, P.L.57, SEC.1; Acts 1980, P.L.8, SEC.53; Acts 1981, P.L.52, SEC.2; P.L.8-1987, SEC.11; P.L.8-1989, SEC.24; P.L.81-1989, SEC.1; P.L.44-1991, SEC.2; P.L.1-1992, SEC.15; P.L.35-1994, SEC.1; P.L.34-1994, SEC.2; P.L.1-1996, SEC.42; P.L.49-1996, SEC.3; P.L.50-1996, SEC.4; P.L.96-2000, SEC.1; P.L.178-2001, SEC.1; P.L.177-2002, SEC.6; P.L.170-2002, SEC.19; P.L.178-2002, SEC.24; P.L.1-2003, SEC.23; P.L.169-2006, SEC.8; P.L.219-2007, SEC.50; P.L.224-2007, SEC.6; P.L.3-2008, SEC.42; P.L.146-2008, SEC.149; P.L.182-2009(ss), SEC.116; P.L.111-2010, SEC.1; P.L.119-2012, SEC.30; P.L.257-2019, SEC.34; P.L.159-2020, SEC.23; P.L.11-2023, SEC.23.

Ind. Code § 6-1.1-17-5.1 Repealed

As added by P.L.50-1996, SEC.5. Amended by P.L.2-1997, SEC.18. Repealed by P.L.96-2000, SEC.8.

Ind. Code § 6-1.1-17-5.2 Veto of ordinance after October 1

Sec. 5.2. If an ordinance to fix a city budget, tax rate, and tax levy is: (1) vetoed by the city executive under IC 36-4-6-16(a)(2); or (2) considered vetoed under IC 36-4-6-16(b); and the veto is effective on a date later than October 1, the city's legislative body has thirty (30) days from the effective date of the veto to override the veto in accordance with IC 36-4-6-16(c) to fix the budget, tax rate, and tax levy for the ensuing budget year. As added by P.L.257-2019, SEC.35.

Ind. Code § 6-1.1-17-5.3 School corporation anticipated transfer amount

Sec. 5.3. A school corporation shall specify in its proposed budget the anticipated amount that will be transferred from the total revenue deposited in the school corporation's education fund to its operations fund during the next calendar year. At its public hearing to adopt a budget under this chapter, the school corporation shall acknowledge whether the school corporation's anticipated transfer amount will be more than fifteen percent (15%) of the total revenue deposited in the school corporation's education fund to its operations fund during the next calendar year. As added by P.L.161-2019, SEC.1.

Ind. Code § 6-1.1-17-5.4 Attestation by political subdivision of upload of fire or emergency services contract; budget or supplemental appropriation approval

Sec. 5.4. (a) Not later than March 2 of each year, the fiscal officer of a political subdivision shall submit a statement to the department of local government finance attesting that the political subdivision uploaded any contract entered into during the immediately preceding year: (1) if the total cost of the contract to the political subdivision exceeds fifty thousand dollars ($50,000) during the term of the contract as required by IC 5-14-3.8-3.5(c); and (2) related to the provision of fire services or emergency medical services to the Indiana transparency website as required by IC 5-14-3.8-3.5(d). (b) The department of local government finance may not approve the budget of a political subdivision or a supplemental appropriation for a political subdivision until the political subdivision files the attestation under subsection (a). As added by P.L.156-2024, SEC.13. Amended by P.L.230-2025, SEC.42; P.L.157-2026, SEC.65.

Ind. Code § 6-1.1-17-5.6 School corporation resolutions to adopt fiscal year budgets

Sec. 5.6. (a) Each school corporation may elect to adopt a budget under this section that applies from July 1 of the year through June 30 of the following year. In the initial budget adopted by a school corporation under this section, the first six (6) months of that initial budget must be consistent with the last six (6) months of the budget adopted by the school corporation for the calendar year in which the school corporation elects by resolution to begin adopting budgets that correspond to the state fiscal year. A corporation shall submit a copy of the resolution to the department of local government finance and the department of education not more than thirty (30) days after the date the governing body adopts the resolution. (b) Before April 1 of each year, the officers of the school corporation shall meet to fix the budget for the school corporation for the ensuing budget year, with notice given by the same officers. The school corporation shall submit the information described in section 3(a) of this chapter to the department's computer gateway at least ten (10) days before the meeting required by this subsection in the manner prescribed by the department. The department shall make this information available to taxpayers at least ten (10) days before the public hearing through its computer gateway, and provide a telephone number through which taxpayers may request mailed copies of a political subdivision's information under this subsection. However, if a resolution adopted under subsection (d) is in effect, the officers shall meet to fix the budget for the ensuing budget year before November 1. A school corporation that adopts a resolution under subsection (d) shall submit the information described in section 3(a) of this chapter in the manner prescribed by that section. (c) A school corporation that adopts a budget as provided in this section shall file the budget adopted by the school corporation with the department of local government finance not later than five (5) business days after the budget is adopted under subsection (b). The filing with the department of local government finance must be in a manner prescribed by the department. (d) The governing body of the school corporation may adopt a resolution to cease using a school year budget year and return to using a calendar year budget year. A resolution adopted under this subsection must be adopted after January 1 and before July 1. The school corporation's initial calendar year budget year following the adoption of a resolution under this subsection begins on January 1 of the year following the year the resolution is adopted. The first six (6) months of the initial calendar year budget for the school corporation must be consistent with the last six (6) months of the final school year budget fixed by the department of local government finance before the adoption of a resolution under this subsection. (e) A resolution adopted under subsection (d) may be rescinded by a subsequent resolution adopted by the governing body. If the governing body of the school corporation rescinds a resolution adopted under subsection (d) and returns to a school year budget year, the school corporation's initial school year budget year begins on July 1 following the adoption of the rescinding resolution and ends on June 30 of the following year. The first six (6) months of the initial school year budget for the school corporation must be consistent with the last six (6) months of the last calendar year budget fixed by the department of local government finance before the adoption of a rescinding resolution under this subsection. As added by P.L.178-2001, SEC.2. Amended by P.L.90-2002, SEC.149; P.L.177-2002, SEC.7; P.L.219-2007, SEC.51; P.L.224-2007, SEC.7; P.L.3-2008, SEC.43; P.L.146-2008, SEC.150; P.L.182-2009(ss), SEC.117; P.L.111-2010, SEC.2; P.L.119-2012, SEC.31; P.L.111-2014, SEC.26; P.L.233-2015, SEC.16; P.L.184-2016, SEC.10; P.L.257-2019, SEC.36; P.L.38-2021, SEC.26.

Ind. Code § 6-1.1-17-6 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-46-5 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.50-1996, SEC.6; P.L.178-2001, SEC.3; P.L.224-2007, SEC.8; P.L.146-2008, SEC.151. Repealed by P.L.257-2019, SEC.37.

Ind. Code § 6-1.1-17-7 Multiple county political subdivision; filing budget, tax levy, and tax rate

Sec. 7. If the boundaries of a political subdivision cross one (1) or more county lines, the budget, tax levy, and tax rate fixed by the political subdivision shall be filed with the county auditor of each affected county in the manner prescribed in section 5 or 5.6 of this chapter. [Pre-1975 Property Tax Recodification Citation: 6-1-46-4 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.50-1996, SEC.7; P.L.178-2001, SEC.4; P.L.224-2007, SEC.9; P.L.146-2008, SEC.152; P.L.257-2019, SEC.38.

Ind. Code § 6-1.1-17-8 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-46-5 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.90-2002, SEC.150; P.L.228-2005, SEC.19; P.L.2-2006, SEC.37; P.L.224-2007, SEC.10; P.L.146-2008, SEC.153. Repealed by P.L.257-2019, SEC.39.

Ind. Code § 6-1.1-17-8.5 Review by department if assessed value reduced; appeal

Sec. 8.5. (a) If a county auditor reduces a taxing unit's net assessed valuation under section 0.5(d) of this chapter, the department of local government finance shall, in the manner prescribed in section 16 of this chapter, review the budget, tax rate, and tax levy of the taxing unit. (b) The county auditor may appeal to the department of local government finance to reduce a taxing unit's net assessed valuation by an amount that exceeds the limits set forth in section 0.5(e) of this chapter. The department of local government finance: (1) may require the county auditor to submit supporting information with the county auditor's appeal; (2) shall consider the appeal at the time of the review required by subsection (a); and (3) may approve, modify and approve, or reject the amount of the reduction sought in the appeal. As added by P.L.154-2006, SEC.43. Amended by P.L.137-2012, SEC.25.

Ind. Code § 6-1.1-17-9 Repealed

[Pre-1975 Property Tax Recodification Citations: 6-1-46-5 part; 6-1-46-8 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1981, P.L.52, SEC.3; P.L.44-1991, SEC.3; P.L.224-2007, SEC.11; P.L.146-2008, SEC.154; P.L.182-2009(ss), SEC.118. Repealed by P.L.257-2019, SEC.40.

Ind. Code § 6-1.1-17-10 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-46-5 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.90-2002, SEC.151; P.L.224-2007, SEC.12; P.L.146-2008, SEC.155. Repealed by P.L.257-2019, SEC.41.

Ind. Code § 6-1.1-17-11 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-46-5 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.50-1996, SEC.8; P.L.90-2002, SEC.152; P.L.224-2007, SEC.13; P.L.146-2008, SEC.156. Repealed by P.L.257-2019, SEC.42.

Ind. Code § 6-1.1-17-12 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-46-5 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1981, P.L.52, SEC.4; P.L.224-2007, SEC.14; P.L.146-2008, SEC.157; P.L.182-2009(ss), SEC.119. Repealed by P.L.257-2019, SEC.43.

Ind. Code § 6-1.1-17-13 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-46-5 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.90-2002, SEC.153; P.L.178-2002, SEC.25; P.L.1-2003, SEC.24; P.L.228-2005, SEC.20; P.L.182-2009(ss), SEC.120. Repealed by P.L.257-2019, SEC.44.

Ind. Code § 6-1.1-17-14 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-46-5 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.90-2002, SEC.154; P.L.73-2005, SEC.3; P.L.234-2005, SEC.4; P.L.224-2007, SEC.15; P.L.146-2008, SEC.158; P.L.182-2009(ss), SEC.121. Repealed by P.L.257-2019, SEC.45.

Ind. Code § 6-1.1-17-15 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-46-8 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.41-1993, SEC.18; P.L.90-2002, SEC.155; P.L.224-2007, SEC.16; P.L.146-2008, SEC.159; P.L.182-2009(ss), SEC.122. Repealed by P.L.257-2019, SEC.46.

Ind. Code § 6-1.1-17-16 Department of local government finance certification of tax rates, tax levies, and budgets; public hearing requests; deadline for completion; limitations on levy for lease payments; judicial review of department action

Sec. 16. (a) The department of local government finance shall certify the tax rates and tax levies for all funds of political subdivisions subject to the department of local government finance's review. (b) For a fund of a political subdivision subject to levy limits under IC 6-1.1-18.5-3, the department of local government finance shall calculate and certify the allowable budget of the fund if the political subdivision adopts a tax levy that exceeds the estimated maximum levy limits as provided by the department of local government finance under IC 6-1.1-18.5-24. (c) For a fund of a political subdivision subject to levy limits under IC 6-1.1-18.5-3 and for which the political subdivision adopts a tax levy that is not more than the levy limits under IC 6-1.1-18.5-3, the department of local government finance shall review the fund to ensure the adopted budget is fundable based on the unit's adopted tax levy and estimates of available revenues. If the adopted budget is fundable, the department of local government finance shall use the adopted budget as the approved appropriation for the fund for the budget year. As needed, the political subdivision may complete the additional appropriation process through IC 6-1.1-18-5 for these funds during the budget year. (d) For a fund of the political subdivision subject to levy limits under IC 6-1.1-18.5-3 and for which the political subdivision adopts a tax levy that is not more than the levy limits under IC 6-1.1-18.5-3, if the department of local government finance has determined the adopted budget is not fundable based on the unit's adopted tax levy and estimates of available revenues, the department of local government finance shall calculate and certify the allowable budget that is fundable based on the adopted tax levy and the department's estimates of available revenues. (e) For all other funds of a political subdivision not described in subsections (b), (c), and (d), the department of local government finance shall certify a budget for the fund. (f) Except as provided in section 16.1 of this chapter, the department of local government finance is not required to hold a public hearing before the department of local government finance reviews, revises, reduces, or increases a political subdivision's budget by fund, tax rate, or tax levy under this section. (g) Except as provided in subsection (l), IC 20-46, or IC 6-1.1-18.5, the department of local government finance may not increase a political subdivision's budget by fund, tax rate, or tax levy to an amount which exceeds the amount originally fixed by the political subdivision. However, if the department of local government finance determines that IC 5-3-1-2.3(b) applies to the tax rate, tax levy, or budget of the political subdivision, the maximum amount by which the department may increase the tax rate, tax levy, or budget is the amount originally fixed by the political subdivision, and not the amount that was incorrectly published or omitted in the notice described in IC 5-3-1-2.3(b). The department of local government finance shall give the political subdivision notification electronically in the manner prescribed by the department of local government finance specifying any revision, reduction, or increase the department proposes in a political subdivision's tax levy or tax rate. The political subdivision has ten (10) calendar days from the date the political subdivision receives the notice to provide a response electronically in the manner prescribed by the department of local government finance. The response may include budget reductions, reallocation of levies, a revision in the amount of miscellaneous revenues, and further review of any other item about which, in the view of the political subdivision, the department is in error. The department of local government finance shall consider the adjustments as specified in the political subdivision's response if the response is provided as required by this subsection and shall deliver a final decision to the political subdivision. The department of local government finance may not consider any adjustments that are suggested by the political subdivision after the expiration of the ten (10) day period allowed for the political subdivision's response. (h) The department of local government finance may not approve a levy for lease payments by a city, town, county, library, or school corporation if the lease payments are payable to a building corporation for use by the building corporation for debt service on bonds and if: (1) no bonds of the building corporation are outstanding; or (2) the building corporation has enough legally available funds on hand to redeem all outstanding bonds payable from the particular lease rental levy requested. (i) The department of local government finance shall certify its action to: (1) the county auditor; (2) if the budget and levy of the political subdivision are being continued: (A) the state board of accounts; (B) the state comptroller; and (C) the department of state revenue; (3) the political subdivision if the department acts pursuant to an appeal initiated by the political subdivision; and (4) a taxpayer that owns property that represents at least ten percent (10%) of the taxable assessed valuation in the political subdivision. (j) The following may petition for judicial review of the final determination of the department of local government finance under subsection (i): (1) If the department acts under an appeal initiated by a political subdivision, the political subdivision. (2) A taxpayer that owns property that represents at least ten percent (10%) of the taxable assessed valuation in the political subdivision. The petition must be filed in the tax court not more than forty-five (45) days after the department certifies its action under subsection (i). (k) The department of local government finance is expressly directed to complete the duties assigned to it under this section as follows: (1) Not later than December 31 of the year preceding that budget year, unless subdivision (2) applies. (2) Not later than January 15 of the budget year if any of the following are true: (A) A taxing unit in a county intends to issue debt after December 1 in the year preceding the budget year and has indicated its intent to issue debt after December 1 in the year preceding the budget year as specified in section 5 of this chapter. (B) A taxing unit intends to file a shortfall appeal under IC 6-1.1-18.5-16 and has indicated its intent to file a shortfall appeal as specified in section 5 of this chapter. (C) The deadline for a city in the county to fix the budget, tax rate, and tax levy has been extended, in accordance with section 5.2 of this chapter, due to the executive's veto of the ordinance fixing the budget, tax rate, and tax levy. (l) Subject to the provisions of all applicable statutes, and notwithstanding IC 6-1.1-18-1, the department of local government finance shall, unless the department finds extenuating circumstances, increase a political subdivision's tax levy to an amount that exceeds the amount originally advertised or adopted by the political subdivision if: (1) the increase is requested in writing by the officers of the political subdivision; (2) the request includes: (A) the corrected budget, tax rate, or levy, as applicable; and (B) the time and place of the meeting described in subdivision (4); (3) the political subdivision publishes the requested increase on the department's advertising website; (4) the political subdivision adopts the needed changes to its budget, tax levy, or rate in a public meeting of the governing body; and (5) notice is given to the county fiscal body of the department's correction. The political subdivision shall publish notice of the meeting described in subdivision (4) on the Indiana transparency website in the manner prescribed by the department not later than forty-eight (48) hours (excluding weekends and holidays) before the meeting. If the department increases a levy beyond what was advertised or adopted under this subsection, it shall, unless the department finds extenuating circumstances, reduce the certified levy affected below the maximum allowable levy by the lesser of five percent (5%) of the difference between the advertised or adopted levy and the increased levy, or one hundred thousand dollars ($100,000). (m) If the department of local government finance has determined that the proposed tax levy for a political subdivision's budget exceeds the permissible tax levy for the political subdivision under section 23 of this chapter, the department of local government finance shall calculate and certify the allowable tax levy and tax rate for the political subdivision based on the provisions in section 23 of this chapter. [Pre-1975 Property Tax Recodification Citations: 6-1-1-24.5; 6-1-46-8 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.73-1983, SEC.7; P.L.35-1990, SEC.7; P.L.35-1994, SEC.2; P.L.85-1995, SEC.3; P.L.86-1995, SEC.5; P.L.49-1996, SEC.4; P.L.50-1996, SEC.9; P.L.90-2002, SEC.156; P.L.256-2003, SEC.15; P.L.228-2005, SEC.21; P.L.2-2006, SEC.38; P.L.154-2006, SEC.44; P.L.169-2006, SEC.9; P.L.1-2007, SEC.42; P.L.146-2008, SEC.160; P.L.182-2009(ss), SEC.123; P.L.137-2012, SEC.26; P.L.218-2013, SEC.2; P.L.183-2014, SEC.21; P.L.149-2016, SEC.23; P.L.184-2016, SEC.11; P.L.257-2019, SEC.47; P.L.159-2020, SEC.24; P.L.38-2021, SEC.27; P.L.9-2024, SEC.169; P.L.68-2025, SEC.56.

Ind. Code § 6-1.1-17-16.1 Political subdivision budget, tax rates, levies; public hearing request

Sec. 16.1. (a) If twenty-five (25) or more taxpayers of a political subdivision request a public hearing in the manner required by subsection (b) before the department of local government finance reviews, revises, reduces, or increases a political subdivision's budget by fund, tax rate, or tax levy under section 16 of this chapter, the department of local government finance shall hold the hearing in the county in which the political subdivision is located. (b) A written request for a public hearing may be filed with the county auditor or directly with the department of local government finance in either a paper or electronic format. At least twenty-five (25) taxpayers of a political subdivision must sign the request. A county auditor shall forward any requests received under this section to the department of local government finance within two (2) business days of receipt. The department of local government finance is not required to hold a public hearing under this section unless it receives the request before November 3. (c) The department of local government finance may consider the budgets by fund, tax rates, and tax levies of several political subdivisions at the same public hearing. (d) At least five (5) days before the date fixed for a public hearing, the department of local government finance shall give notice of the time and place of the hearing and of the budgets by fund, levies, and tax rates to be considered at the hearing. The department of local government finance may hold the hearing through electronic means. The department of local government finance shall publish the notice in two (2) newspapers of general circulation published in the county where the request arose. However, if only one (1) newspaper of general circulation is published in the county, the department of local government finance shall publish the notice in that newspaper. As added by P.L.218-2013, SEC.3. Amended by P.L.38-2021, SEC.28.

Ind. Code § 6-1.1-17-16.2 No approval of budget or supplemental appropriations due to noncompliance

Note: This version of section amended by P.L.184-2015, SEC.8, effective 7-1-2015. See also following version of this section amended by P.L.245-2015, SEC.12, effective 1-1-2016. Sec. 16.2. (a) The department of local government finance may not approve the budget of a taxing unit or a supplemental appropriation for a taxing unit until the taxing unit files an annual report under IC 5-11-1-4 or IC 5-11-13 for the preceding calendar year, unless the taxing unit did not exist as of March 1 of the calendar year preceding the ensuing calendar year by two (2) years. This section applies to a taxing unit that is the successor to another taxing unit or the result of a consolidation or merger of more than one (1) taxing unit, if an annual report under IC 5-11-1-4 or IC 5-11-13 has not been filed for each predecessor taxing unit. (b) After June 30, 2016, the department of local government finance may not approve the budget of a taxing unit or a supplemental appropriation for a taxing unit if the department of local government finance receives information from the state board of accounts that the political subdivision has not corrected a violation under IC 5-11-1-27(i)(1) or IC 5-11-1-27(i)(2) within the period set forth in IC 5-11-1-27(i). As added by P.L.172-2011, SEC.33. Amended by P.L.184-2015, SEC.8.

Ind. Code § 6-1.1-17-16.2 Certain reports required before approval of budgets and supplemental appropriations

Note: This version of section amended by P.L.245-2015, SEC.12, effective 1-1-2016. See also preceding version of this section amended by P.L.184-2015, SEC.8, effective 7-1-2015. Sec. 16.2. The department of local government finance may not approve the budget of a taxing unit or a supplemental appropriation for a taxing unit until the taxing unit files an annual report under IC 5-11-1-4 or IC 5-11-13 for the preceding calendar year, unless the taxing unit did not exist as of the assessment date of the calendar year preceding the ensuing calendar year by two (2) years. This section applies to a taxing unit that is the successor to another taxing unit or the result of a consolidation or merger of more than one (1) taxing unit, if an annual report under IC 5-11-1-4 or IC 5-11-13 has not been filed for each predecessor taxing unit. As added by P.L.172-2011, SEC.33. Amended by P.L.245-2015, SEC.12.

Ind. Code § 6-1.1-17-16.5 Cumulative building or sinking fund proposal; action by department of local government finance

Sec. 16.5. This section applies in each case in which the department of local government finance has the power to approve or disapprove the tax levy for a cumulative building or sinking fund proposed to be established by a political subdivision. The department may: (1) approve the tax levy; (2) disapprove the tax levy; or (3) modify the tax levy by approving it at any amount less than the tax levy proposed to be established. [Pre-Local Government Recodification Citation: 18-6-16-1.] As added by Acts 1981, P.L.11, SEC.23. Amended by P.L.90-2002, SEC.157.

Ind. Code § 6-1.1-17-16.7 Proposals to establish cumulative funds or sinking funds; submission to department of local government finance

Sec. 16.7. (a) A political subdivision that in any year adopts a proposal to establish a cumulative fund or sinking fund under any of the following provisions must submit the proposal to the department of local government finance before August 2 of that year, for years before 2018, and before May 1 of that year, for years after 2017: IC 3-11-6 IC 8-10-5 IC 8-16-3 IC 8-16-3.1 IC 8-22-3 IC 14-27-6 IC 14-33-21 IC 16-22-5 IC 16-22-8 IC 36-8-8-14.2 IC 36-8-14 IC 36-9-4 IC 36-9-14 IC 36-9-14.5 IC 36-9-15 IC 36-9-15.5 IC 36-9-16 IC 36-9-17 IC 36-9-26 IC 36-9-27 IC 36-10-3 IC 36-10-4 IC 36-10-7.5 (b) If a proposal described in subsection (a) is not submitted to the department of local government finance before August 2 of a year, for years before 2018, and before May 1 of a year, for years after 2017, the political subdivision may not levy a tax for the cumulative fund or sinking fund in the ensuing year. As added by P.L.41-1993, SEC.17. Amended by P.L.2-1995, SEC.23; P.L.1-1995, SEC.45; P.L.90-2002, SEC.158; P.L.184-2016, SEC.12; P.L.159-2020, SEC.25.

Ind. Code § 6-1.1-17-17 Increase in tax rate and levy by department of local government finance

Sec. 17. Subject to the limitations contained in IC 6-1.1-18.5 and IC 20-46, and notwithstanding section 23 of this chapter, the department of local government finance may at any time increase the tax rate and tax levy of a political subdivision for the following reasons: (1) To pay the principal or interest upon a funding, refunding, or judgment funding obligation of a political subdivision. (2) To pay the interest or principal upon an outstanding obligation of the political subdivision. (3) To pay a judgment rendered against the political subdivision. (4) To pay lease rentals that have become an obligation of the political subdivision under IC 20-47-2 or IC 20-47-3. [Pre-1975 Property Tax Recodification Citation: 6-1-1-24 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.73-1983, SEC.8; P.L.90-2002, SEC.159; P.L.2-2006, SEC.39; P.L.146-2008, SEC.161; P.L.68-2025, SEC.57.

Ind. Code § 6-1.1-17-18 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-46-10.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.2-1992, SEC.59; P.L.36-1994, SEC.1; P.L.55-1997, SEC.1. Repealed by P.L.273-1999, SEC.66.

Ind. Code § 6-1.1-17-19 Conflicting provisions

Sec. 19. If there is a conflict between the provisions of this chapter and the provisions of IC 6-1.1-18.5 or IC 20-46, the provisions of IC 6-1.1-18.5 and IC 20-46 control with respect to the adoption of, review of, and limitations on budgets, tax rates, and tax levies. [1975 Property Tax Recodification Citation: New.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.73-1983, SEC.9; P.L.2-2006, SEC.40; P.L.146-2008, SEC.162.

Ind. Code § 6-1.1-17-20 Review of proposed budget and levy of taxing unit (other than public libraries) without an elected governing body by city, town, or county fiscal body

Sec. 20. (a) This section: (1) applies to each governing body of a taxing unit that is not comprised of a majority of officials who are elected to serve on the governing body; and (2) does not apply to the public education corporation. For purposes of this section, an individual who qualifies to be appointed to a governing body or serves on a governing body because of the individual's status as an elected official of another taxing unit shall be treated as an official who was not elected to serve on the governing body. (b) As used in this section, "taxing unit" has the meaning set forth in IC 6-1.1-1-21, except that the term does not include a public library or an entity whose tax levies are subject to review and modification by a city-county legislative body under IC 36-3-6-9. (c) If: (1) the assessed valuation of a taxing unit is entirely contained within a city or town; or (2) the assessed valuation of a taxing unit is not entirely contained within a city or town but: (A) the taxing unit was originally established by the city or town; or (B) the majority of the individuals serving on the governing body of the taxing unit are appointed by the city or town; the governing body shall submit its proposed budget and property tax levy to the city or town fiscal body. The proposed budget and levy shall be submitted to the city or town fiscal body in the manner prescribed by the department of local government finance before September 2 of a year. (d) If subsection (c) does not apply, the governing body of the taxing unit shall submit its proposed budget and property tax levy to the county fiscal body in the county where the taxing unit has the most assessed valuation. The proposed budget and levy shall be submitted to the county fiscal body in the manner prescribed by the department of local government finance before September 2 of a year. (e) The fiscal body of the city, town, or county (whichever applies) shall review each budget and proposed tax levy and adopt a final budget and tax levy for the taxing unit. The fiscal body may reduce or modify but not increase the proposed budget or tax levy. (f) If a taxing unit fails to file the information required in subsection (c) or (d), whichever applies, with the appropriate fiscal body by the time prescribed by this section, when calculating the maximum ad valorem property tax levy under IC 6-1.1-18.5-3(a) for the taxing unit for the ensuing budget year, instead of multiplying the maximum levy growth quotient determined under IC 6-1.1-18.5-2(b) or IC 6-1.1-18.5-2(e) (as applicable) for the year by the taxing unit's maximum permissible ad valorem property tax levy for the preceding calendar year as prescribed in STEP TWO of IC 6-1.1-18.5-3(a), for purposes of STEP TWO of IC 6-1.1-18.5-3(a), the taxing unit's maximum permissible ad valorem property tax levy for the preceding calendar year must instead be multiplied by the result of the following: STEP ONE: Determine: (A) the result of STEP FOUR of IC 6-1.1-18.5-2(b) or STEP FIVE of IC 6-1.1-18.5-2(e) (as applicable); minus (B) one (1). STEP TWO: Multiply: (A) the STEP ONE result; by (B) eight-tenths (0.8). STEP THREE: Add one (1) to the STEP TWO result. However, if the taxing unit files the information as required in subsection (c) or (d), whichever applies, for the budget year immediately following the budget year for which the formula under this subsection is applied, when calculating the maximum ad valorem property tax levy under IC 6-1.1-18.5-3(a) for the taxing unit for the subsequent budget year, the taxing unit's maximum permissible ad valorem property tax levy must be calculated as if the formula under this subsection had not been applied for the affected budget year. (g) If the appropriate fiscal body fails to complete the requirements of subsection (e) before the adoption deadline in section 5 of this chapter for any taxing unit subject to this section, when calculating the maximum ad valorem property tax levy under IC 6-1.1-18.5-3(a) for the city, town, or county for the ensuing budget year, instead of multiplying the maximum levy growth quotient determined under IC 6-1.1-18.5-2(b) or IC 6-1.1-18.5-2(e) (as applicable) for the year by the city's, town's, or county's maximum permissible ad valorem property tax levy for the preceding calendar year as prescribed in STEP TWO of IC 6-1.1-18.5-3(a), for purposes of STEP TWO of IC 6-1.1-18.5-3(a), the city's, town's, or county's maximum permissible ad valorem property tax levy for the preceding calendar year must instead be multiplied by the result of the following: STEP ONE: Determine: (A) the result of STEP FOUR of IC 6-1.1-18.5-2(b) or STEP FIVE of IC 6-1.1-18.5-2(e) (as applicable); minus (B) one (1). STEP TWO: Multiply: (A) the STEP ONE result; by (B) eight-tenths (0.8). STEP THREE: Add one (1) to the STEP TWO result. However, if the city, town, or county files the information as required in subsection (e) for the budget year immediately following the budget year for which the formula under this subsection is applied, when calculating the maximum ad valorem property tax levy under IC 6-1.1-18.5-3(a) for the city, town, or county for the subsequent budget year, the unit's maximum permissible ad valorem property tax levy must be calculated as if the formula under this subsection had not been applied for the affected budget year. As added by P.L.25-1995, SEC.26. Amended by P.L.1-2004, SEC.19 and P.L.23-2004, SEC.20; P.L.199-2005, SEC.13; P.L.227-2005, SEC.5; P.L.1-2006, SEC.136; P.L.146-2008, SEC.163; P.L.182-2009(ss), SEC.124; P.L.113-2010, SEC.29; P.L.137-2012, SEC.27; P.L.257-2013, SEC.9; P.L.230-2025, SEC.43; P.L.101-2026, SEC.3.

Ind. Code § 6-1.1-17-20.3 Review of proposed budget and levy of public libraries without an elected governing body by city, town, or county fiscal body

Sec. 20.3. (a) Except as provided in section 20.4 of this chapter, this section applies only to the governing body of a public library that: (1) is not comprised of a majority of officials who are elected to serve on the governing body; and (2) has a percentage increase in the proposed budget for the taxing unit for the ensuing calendar year that is equal to or more than the result of: (A) the maximum levy growth quotient determined under IC 6-1.1-18.5-2 for the ensuing calendar year, rounded to the nearest thousandth (0.001), minus one (1); multiplied by (B) five-tenths (0.5). For purposes of this section, an individual who qualifies to be appointed to a governing body or serves on a governing body because of the individual's status as an elected official of another taxing unit shall be treated as an official who was not elected to serve on the governing body. (b) This section does not apply to an entity whose tax levies are subject to review and modification by a city-county legislative body under IC 36-3-6-9. (c) If: (1) the assessed valuation of a public library's territory is entirely contained within a city or town; or (2) the assessed valuation of a public library's territory is not entirely contained within a city or town but more than fifty percent (50%) of the assessed valuation of the public library's territory is contained within the city or town; the governing body shall submit its proposed budget and property tax levy to the city or town fiscal body in the manner prescribed by the department of local government finance before September 2 of a year. However, the governing body shall submit its proposed budget and property tax levy to the county fiscal body in the manner provided in subsection (d), rather than to the city or town fiscal body, if more than fifty percent (50%) of the parcels of real property within the jurisdiction of the public library are located outside the city or town. (d) If subsection (c) does not apply or the public library's territory covers more than one (1) county, the governing body of the public library shall submit its proposed budget and property tax levy to the county fiscal body in the county where the public library has the most assessed valuation. The proposed budget and levy shall be submitted to the county fiscal body in the manner prescribed by the department of local government finance before September 2 of a year. (e) The fiscal body of the city, town, or county (whichever applies) shall review each budget and proposed tax levy and adopt a final budget and tax levy for the public library. The fiscal body may reduce or modify but not increase the proposed budget or tax levy. (f) If a public library fails to file the information required in subsection (c) or (d), whichever applies, with the appropriate fiscal body by the time prescribed by this section, when calculating the maximum ad valorem property tax levy under IC 6-1.1-18.5-3(a) for the public library for the ensuing budget year, instead of multiplying the maximum levy growth quotient determined under IC 6-1.1-18.5-2(b) or IC 6-1.1-18.5-2(e) (as applicable) for the year by the public library's maximum permissible ad valorem property tax levy for the preceding calendar year as prescribed in STEP TWO of IC 6-1.1-18.5-3(a), for purposes of STEP TWO of IC 6-1.1-18.5-3(a), the public library's maximum permissible ad valorem property tax levy for the preceding calendar year must instead be multiplied by the result of the following: STEP ONE: Determine: (A) the result of STEP FOUR of IC 6-1.1-18.5-2(b) or STEP FIVE of IC 6-1.1-18.5-2(e) (as applicable); minus (B) one (1). STEP TWO: Multiply: (A) the STEP ONE result; by (B) forty-nine hundredths (0.49). STEP THREE: Add one (1) to the STEP TWO result. However, if the public library files the information as required in subsection (c) or (d), whichever applies, for the budget year immediately following the budget year for which the formula under this subsection is applied, when calculating the maximum ad valorem property tax levy under IC 6-1.1-18.5-3(a) for the public library for the subsequent budget year, the public library's maximum permissible ad valorem property tax levy must be calculated as if the formula under this subsection had not been applied for the affected budget year. (g) If the appropriate fiscal body fails to complete the requirements of subsection (e) before the adoption deadline in section 5 of this chapter for any public library subject to this section, when calculating the maximum ad valorem property tax levy under IC 6-1.1-18.5-3(a) for the city, town, or county for the ensuing budget year, instead of multiplying the maximum levy growth quotient determined under IC 6-1.1-18.5-2(b) or IC 6-1.1-18.5-2(e) (as applicable) for the year by the city's, town's, or county's maximum permissible ad valorem property tax levy for the preceding calendar year as prescribed in STEP TWO of IC 6-1.1-18.5-3(a), for purposes of STEP TWO of IC 6-1.1-18.5-3(a), the city's, town's, or county's maximum permissible ad valorem property tax levy for the preceding calendar year must instead be multiplied by the result of the following: STEP ONE: Determine: (A) the result of STEP FOUR of IC 6-1.1-18.5-2(b) or STEP FIVE of IC 6-1.1-18.5-2(e) (as applicable); minus (B) one (1). STEP TWO: Multiply: (A) the STEP ONE result; by (B) eight-tenths (0.8). STEP THREE: Add one (1) to the STEP TWO result. However, if the city, town, or county files the information as required in subsection (e) for the budget year immediately following the budget year for which the formula under this subsection is applied, when calculating the maximum ad valorem property tax levy under IC 6-1.1-18.5-3(a) for the city, town, or county for the subsequent budget year, the unit's maximum permissible ad valorem property tax levy must be calculated as if the formula under this subsection had not been applied for the affected budget year. As added by P.L.137-2012, SEC.28. Amended by P.L.252-2019, SEC.1; P.L.88-2020, SEC.1; P.L.159-2020, SEC.26; P.L.38-2021, SEC.29; P.L.230-2025, SEC.44; P.L.162-2026, SEC.6.

Ind. Code § 6-1.1-17-20.4 Review of proposed budget and levy of public libraries with excessive cash balance of funds derived from tax revenue

Sec. 20.4. (a) This section applies only if on December 31, as reported in the public library's annual report under IC 5-11-1-4, the cash balance of all funds of the public library derived from tax revenue is greater than one hundred fifty percent (150%) of the public library's certified budget for the ensuing year. (b) If section 20.3(a)(2) of this chapter does not apply, the fiscal body of a city, town, or county may adopt a resolution to require the public library to submit its proposed budget and property tax levy to the city, town, or county fiscal body as set forth in section 20.3(c) or 20.3(d) of this chapter (whichever is applicable) for binding review and approval as set forth under section 20.3 of this chapter. However, the fiscal body of the city, town, or county may not reduce a public library's proposed budget or tax levy in a budget year under this section by more than ten percent (10%) of the public library's operating levy in the immediately preceding budget year. (c) A resolution may be adopted under this section not later than July 1. A resolution adopted under this section remains in full force and effect until the December 31 cash balance of all funds of the public library derived from tax revenue, as reported in the public library's annual report under IC 5-11-1-4, no longer exceed one hundred fifty percent (150%) of the public library's certified budget for the ensuing year. (d) Before a fiscal body may adopt a resolution under this section, the fiscal body must hold a public hearing on the proposed resolution and provide the public with notice of the time and place where the public hearing will be held. The notice required by this subsection must be given in accordance with IC 5-3-1 and include the proposed resolution. In addition to the notice required by this subsection, the fiscal body shall also provide a copy of the notice to all taxing units in the city, town, or county at least thirty (30) days before the public hearing. (e) A resolution adopted by a fiscal body under this section shall be submitted to: (1) the department of local government finance; and (2) the public library; not later than five (5) days after the date the resolution is adopted. As added by P.L.252-2019, SEC.2. Amended by P.L.88-2020, SEC.2.

Ind. Code § 6-1.1-17-20.5 Circumstances under which a taxing unit's proposed bonds or lease must be reviewed by the city, town, or county fiscal body

Sec. 20.5. (a) This section: (1) applies to the governing body of a taxing unit unless a majority of the governing body is comprised of officials who are elected to serve on the governing body; and (2) does not apply to the public education corporation. For purposes of this section, an individual who qualifies to be appointed to a governing body or serves on a governing body because of the individual's status as an elected official of another taxing unit shall be treated as an official who was not elected to serve on the governing body. (b) As used in this section, "taxing unit" has the meaning set forth in IC 6-1.1-1-21, except that the term does not include: (1) a school corporation; or (2) an entity whose tax levies are subject to review and modification by a city-county legislative body under IC 36-3-6-9. (c) If: (1) the assessed valuation of a taxing unit is entirely contained within a city or town; or (2) the assessed valuation of a taxing unit is not entirely contained within a city or town but the taxing unit was originally established by the city or town; the governing body of the taxing unit may not issue bonds or enter into a lease payable in whole or in part from property taxes unless it obtains the approval of the city or town fiscal body. (d) However, in the case of a public library that is subject to this section and is described in subsection (c), the public library may not issue bonds or enter into a lease payable in whole or in part from property taxes unless it obtains the approval of the county fiscal body, rather than the city or town fiscal body, if more than fifty percent (50%) of the parcels of real property within the jurisdiction of the public library are located outside the city or town. The requirement that the public library must obtain the approval of the county fiscal body (rather than the city or town fiscal body) if more than fifty percent (50%) of the parcels of real property within the jurisdiction of the public library are located outside the city or town does not apply to the issuance of bonds or the execution of a lease: (1) for which a decision or preliminary determination was made under IC 6-1.1-20 before December 31, 2010; or (2) that is approved by the city or town fiscal body or the county fiscal body before December 31, 2010. (e) This subsection applies to a taxing unit not described in subsection (c) or (d). The governing body of the taxing unit may not issue bonds or enter into a lease payable in whole or in part from property taxes unless it obtains the approval of the county fiscal body in the county where the taxing unit has the most net assessed valuation. As added by P.L.146-2008, SEC.164. Amended by P.L.182-2009(ss), SEC.125; P.L.113-2010, SEC.30; P.L.101-2026, SEC.4.

Ind. Code § 6-1.1-17-20.6 Reporting the city, town, or county fiscal body that receives a public library's proposed budget to the Indiana state library; declaratory judgment

Sec. 20.6. (a) Each public library shall identify the applicable city, town, or county fiscal body that receives a public library's proposed budget as provided in section 20.3(c) or 20.3(d) of this chapter. (b) Not later than October 1, 2020, a public library shall report the applicable city, town, or county fiscal body identified under subsection (a) to the Indiana state library. The report submitted to the state library must contain: (1) the name of the public library; (2) the appropriate fiscal body of a city, town, or county to review a library budget under section 20.3(c) or 20.3(d) of this chapter; and (3) after adoption by the respective board, the signatures of the public library board president and the appropriate fiscal body president. The Indiana state library shall provide the information submitted to the Indiana state library under this subsection to the department of local government finance by not later than November 1, 2020. (c) If a fiscal body, other than the fiscal body identified by the public library under subsection (a), objects to the public library's determination under subsection (a), the objecting fiscal body may submit a formal objection to: (1) the Indiana state library; (2) the public library; and (3) the fiscal body identified under subsection (a) by the public library. (d) If a public library: (1) is unable to identify the applicable fiscal body under subsection (a); (2) does not complete the reporting requirements established in subsection (b); or (3) has a formal objection filed under subsection (c) against the public library's fiscal body designation under subsection (a); the public library shall file an original action seeking a declaratory judgment in a court with jurisdiction to identify the appropriate fiscal body. The public library shall file a copy of the declaratory judgment with the Indiana state library within thirty (30) days of the court's entry of judgment. (e) The Indiana state library shall provide the information submitted to the Indiana state library under subsection (b) to the department of local government finance by not later than November 1, 2020. (f) If there is a change in the territory of the public library: (1) the public library shall submit a report under subsection (b) to the Indiana state library not later than October 1; and (2) the Indiana state library shall report the information under subsection (b) to the department of local government finance not later than November 1; in the year the change in territory becomes effective. Subsections (c) and (d) apply to the public library and to any fiscal body that objects to the public library's designation under subsection (a). As added by P.L.88-2020, SEC.3.

Ind. Code § 6-1.1-17-21 Powers and duties of city controller in consolidated city

Sec. 21. Notwithstanding any other law, in a county having a consolidated city, the city controller of the consolidated city has all the powers and shall perform all the duties assigned to county auditors under this chapter related to the fixing and reviewing of budgets, tax rates, and tax levies. As added by P.L.227-2005, SEC.6.

Ind. Code § 6-1.1-17-21.5 Public education corporation powers and duties

Sec. 21.5. After March 31, 2026, the public education corporation has all the powers and shall perform all the duties assigned to the school city (as defined in IC 20-25-2-12) under this chapter related to the fixing and reviewing of budgets, tax rates, and tax levies. However, in exercising its powers and responsibilities under this chapter, the public education corporation shall account for and include any bonds, leases, and other indebtedness incurred or issued under any law by the school city (as defined in IC 20-25-2-12) before April 1, 2026. As added by P.L.101-2026, SEC.5.

Ind. Code § 6-1.1-17-22 Operating balance in debt service fund

Sec. 22. (a) In determining the amount of the levy for a debt service fund for a budget year, the maximum amount allowed for an operating balance in the debt service fund is the sum of the maximum allowable operating balance for each debt included in the debt service fund. The maximum allowable operating balance for an individual debt shall be calculated as follows: (1) For debt originally incurred after June 30, 2014, the lesser of: (A) fifteen percent (15%) of the budget estimate for the debt for the year after the budget year; or (B) the debt payment to be made in the first six (6) months of the year after the budget year. (2) For debt originally incurred before July 1, 2014, the lesser of: (A) fifty percent (50%) of the budget estimate for the debt for the year after the budget year; or (B) the debt payment to be made in the first six (6) months of the year after the budget year. If debt is refinanced, the date the refinanced debt was originally incurred, and not the date that the refinancing is closed, is the date to be used for purposes of this subsection. (b) For purposes of IC 6-1.1-20.6-9.5, the property taxes allowed for an operating balance in the debt service fund under this section may not be construed as an increase in a political subdivision's property tax levy to make up for a reduction in property tax collections resulting from the application of credits under IC 6-1.1-20.6. As added by P.L.120-2014, SEC.2. Amended by P.L.148-2015, SEC.16.

Ind. Code § 6-1.1-17-23 Budget and tax levy; limitation; previous year tax levy, exception if adopt an ordinance

Sec. 23. (a) This section applies beginning after December 31, 2028, to the formulation and adoption of a budget, tax rate, and tax levy under this chapter. (b) Notwithstanding any growth in a political subdivision's assessed value in the previous year, the ad valorem property tax levy for the budget of a political subdivision shall not exceed the ad valorem property tax levy for its last preceding annual budget, except as provided in subsections (c) and (d). (c) The fiscal body of a political subdivision may by ordinance authorize the proper officers of the political subdivision to formulate and submit a budget, tax rate, and tax levy under section 3 of this chapter that exceeds the ad valorem property tax levy restriction in subsection (b), subject to all other limits under this article, if the following conditions are met: (1) The fiscal body of the political subdivision must hold a public hearing at which the only item on the agenda is the proposal to adopt an ordinance under this subsection. The hearing shall be conducted in accordance with IC 5-14-1.5, and notice of the hearing shall be published in accordance with IC 5-3-1. (2) After conducting a public hearing under subdivision (1) and subject to subdivision (3), the fiscal body of the political subdivision may adopt an ordinance under this subsection, which must contain: (A) a general statement of the reasons for the tax levy and tax rate increase; (B) the dollar amount of the tax levy increase; and (C) the percentage increase in the tax rate from the previous year. (3) An ordinance may not be adopted under this section after the date that is fifteen (15) days before the public hearing under section 3 of this chapter. (d) If an ordinance is adopted by the fiscal body of a political subdivision under subsection (c), the limitation in subsection (b) shall not apply and instead the ad valorem property tax levy for the budget of the political subdivision shall not exceed the sum of: (1) the ad valorem property tax levy for the political subdivision's last preceding annual budget; plus (2) the additional ad valorem property tax levy authorized in the ordinance adopted by the fiscal body under subsection (c); subject to all other limits under this article. (e) The provisions of this section shall be applied to decrease the tax rate of each political subdivision in which there was an increase in the political subdivision's assessed value in the previous year, subject to subsections (c) and (d). As added by P.L.68-2025, SEC.58.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/6Fetched: 10/17/2026