Sec. 10. (a) The owner of an industrial waste control facility who wishes to obtain the exemption provided in section 9 of this chapter shall file an exemption claim along with the owner’s annual personal property return. The claim shall describe and state the assessed value of the property for which an exemption is claimed.

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Terms Used In Indiana Code 6-1.1-10-10

  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Personal property: All property that is not real property.
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (b) The owner must:

(1) provide a written statement attesting that the property claimed as exempt meets the requirements for the exemption under section 9 of this chapter; and

(2) file the statement along with the owner’s exemption claim and annual personal property return.

     (c) The township assessor (if any) or county assessor may investigate any claim and determine if the property for which the exemption is claimed is being utilized as an industrial waste control facility. The assessor may require additional documents from the property owner to support the owner’s exemption claim.

     (d) A determination under subsection (c) concerning an exemption claim remains in effect:

(1) as long as the owner owns the property and uses the property as an industrial waste control facility; or

(2) for five (5) years;

whichever is less. In addition, during the five (5) years after the determination, the owner of the property must notify the assessor in writing if any of the property on which the determination was based is disposed of or removed from service as an industrial waste control facility.

     (e) The assessor may revoke a determination made under subsection (c) if the assessor finds that the property is not predominantly used as an industrial waste control facility.

     (f) The township or county assessor shall allow or deny in whole or in part each exemption claim.

     (g) The assessor shall reduce the assessed value of the owner’s personal property for the year for which an exemption is claimed by the amount of exemption allowed.

[Pre-1975 Property Tax Recodification Citation: 6-1-8-3.]

Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.143-1985, SEC.183; P.L.80-1987, SEC.1; P.L.41-1993, SEC.9; P.L.146-2008, SEC.104; P.L.100-2021, SEC.1.

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