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PROCEDURE FOR APPEAL OF ASSESSMENT
Part of State Form 53958 (R7 / 10-18)
Taxpayer has right to appeal assessment. 1. PTABOA =
County Property Tax Assessment Board of Appeals
A taxpayer may file an appeal based on the mailing dates of the notice of assessment:
• Deadline: June 15 if notice of assessment is mailed before May 1 of the assessment • Each county must have a PTABOA comprised of individuals
year. “knowledgeable in the valuation of property.”
• Deadline: June 15 of the year taxes are due, if notice of assessment is mailed on or • The County Commissioners may determine whether to have a three
after May 1 of the assessment year. (3) or five (5) member PTABOA. The County Assessor is a
non-voting member of the PTABOA regardless of the number of
IC 6-1.1-15-1.1(b) members.
Taxpayer files a property tax appeal with assessing official. • Three-Member PTABOA:
The taxpayer must use the Form prescribed by the DLGF (Form 130) for each parcel - The fiscal body appoints one (1) individual who must be a
certified Level II or III assessor-appraiser.
being appealed. - The Board of Commissioners appoints two (2) freehold members so
that not more than two (2) of the members may be of the same
Filing of the appeal: political party and so that at least two (2) are residents of the county.
1) initiates a review; and At least one (1) of the Board’s appointees must be a certified
Level II or III assessor-appraiser. The Board, however, may
2) requires the assessing official to schedule a preliminary informal meeting with the waive that requirement.
taxpayer.
• Five-Member PTABOA:
IC 6-1.1-15-1.1, 1.2 - The Board of Commissioners appoints three (3) freehold members
and the county fiscal body appoints two (2) members.
Assessing official must hold thepreliminary informal meeting with the taxpayer to - At least one (1) of the members appointed by the county fiscal body
may be a certified Level II or III assessor-appraiser.
resolve as many issues as possible. The assessing official must forward results of - The Board of the county shall appoint three (3) freehold members so
the preliminary meeting to Auditor and PTABOA1using Form 134. that not more than three (3) of the five (5) members may be of the
same political party and so that at least three (3) of the five (5)
members are residents of the county. At least one (1) of the
IC 6-1.1-15-1.2(a)-(b) members appointed by the Board must be a certified Level II or III
If PTABOA receives Form 134 If no agreement is reached or PTABOA assessor-appraiser. The Board, however, may waive the
requirements that one of their appointments be a Level II or III
that indicates an agreement was does not receive Form 134, PTABOA assessor-appraiser.
reached before the PTABOA hearing: must hold hearing within 180 days of IC 6-1.1-28-1
filing of appeal. PTABOA must give • Multiple County PTABOA:
• PTABOA votes to approve or deny the taxpayer and official at least thirty (30) - Established by county legislative body of two (2) or more counties.
resolution; days notice of the hearing date.* - Can have either three (3) or five (5) members.
- The majority of members must have Level II or Level III.
• assessing official gives notice of the * Taxpayer may request continuance at - County assessor cannot serve on the board.
agreed-to assessment to PTABOA, least ten (10) days before hearing. IC 6-1.1-28-0.1, 0.2
Auditor and Assessor (if not same as PTABOA must reschedule the hearing
assessing official); and upon receipt. Taxpayer may request If the PTABOA does not hold a timely hearing within 180
action without his presence or withdraw days of filing of appeal, taxpayer may appeal to IBTR.2
• if PTABOA accepts the agreed a petition at least 10 days before the IC 6-1.1-15-1.2(k)
resolution, must issue a final hearing. A PENALTY OF $50 may be
determination adopting the resolution assessed against the taxpayer or Taxpayer initiates an appeal with IBTR
and vacating any scheduled representative for an unexcused failure Taxpayer may appeal PTABOA's action to IBTR
hearing. to appear at the hearing. Taxpayer may with respect to (1) assessment of taxpayer's real or
IC 6-1.1-15-1.2(c)-(d) request that the PTABOA determine an personal property, (2) exemption of taxpayer's real or
appeal without a hearing in writing at personal property, (3) property tax deductions, or (4)
least twenty (20) days before the property tax credits. The taxpayer must file the Form
hearing. 131 with the IBTR within forty-five (45) days when
IC 6-1.1-15-1.2(d)-(g), (l) PTABOA's order is given to parties and must mail a
copy of the petition to the other party, i.e. the assessing
During the PTABOA hearing, taxpayer official. No appraisal is required by taxpayer.3
may present his/her evidence for IC 6-1.1-15-3(a), (d), (f); IC 6-1.5-4-1
disagreement. The assessing official
must present the basis for the IBTR holds hearing within nine (9) months after appeal
assessment decision and refute the petition is filed (unless general reassessment year).
taxpayer’s evidence. No appraisal is IBTR must issue decision within ninety (90) days after
required by taxpayer.3 hearing (unless extension ordered or general
reassessment year). Party may request a rehearing
2. IBTR = Indiana Board of Tax Review IC 6-1.1-15-1.2(h), (i) within fifteen (15) days of IBTR final determination. May
• IBTR is a state agency with three (3) commissioners appointed by the Governor. appeal to Tax Court.
• Two (2) members of IBTR must be members of one major political party, and one (1) member must be IC 6-1.1-15-4(e)-(h); IC 6-1.1-15-5(a)
a member of the other major political party.
• IBTR may appoint administrative law judges to conduct the appeal hearing. Taxpayer initiates appeal with Tax Court
IC 6-1.5-2-1, IC 6-1.5-3-3 A taxpayer must file a petition with the Indiana Tax
3. For a proceeding pending or commenced after June 30, 2012, to accurately determine market-value-in-use, Court within forty-five (45) days of IBTR final
a taxpayer or official may, in a proceeding concerning residential property, introduce evidence of the determination or at any time after the maximum time
assessment of comparable properties in the same taxing district or within two (2) miles of the taxing elapses for the IBTR to make a final determination. May
district; but (in a proceeding regarding non-residential property) a taxpayer may introduce evidence of appeal Tax Court determination to Supreme Court.
any comparable property, but preference is given to comparable property in the taxing district or within
two (2) miles of the taxing district. IC 6-1.1-15-5(b), (c), (g)
Assessor Burden of Proof: If the assessment for which a notice of review is filed increased the assessed Taxpayer initiates appeal with
value of the property by more than five percent (5%) over the assessed value finally determined for the Indiana Supreme Court
immediately preceding assessment date, the county assessor or township assessor making the Review by the Supreme Court is discretionary.
assessment has the burden of proving that the assessment is correct. IC 33-26-6-7(d)
IC 6-1.1-15-17.2
Department of Local Government Finance
July 1, 2018 Page 3 of 3
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