Ind. Code § 6-1.1-18-28

Township's petition for an increase to its maximum ad valorem property tax levy for its firefighting and emergency services fund; formula; calculation

Redline — January 1, 2023 → current.View current text →

Current — January 1, 2025

As of January 1, 2023

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.

Sec. 28. (a) The executive of a township may, upon approval by the township fiscal body, submit a petition to the department of local government finance for an increase in the township's maximum permissible ad valorem property tax levy for its township firefighting fund under IC ~~36-8-13-4~~ for ~~property taxes first due~~ and ~~payable~~ in ~~2021 or~~ for any year ~~thereafter~~ for which a petition is submitted under this section.

Sec. 28. (a) The executive of a township may, upon approval by the township fiscal body, submit a petition to the department of local government finance for an increase in the township's maximum permissible ad valorem property tax levy for its township firefighting and emergency services fund under IC 36-8-13-4(a)(1) or the levies for the township firefighting fund and township emergency services fund described in IC 36-8-13-4(a)(2), as applicable, for property taxes for any year for which a petition is submitted under this section.

(b) If the township submits a petition as provided in subsection (a) before ~~August 1, 2020, or~~ April 1 of a ~~year thereafter,~~ the department of local government finance shall increase the township's maximum permissible ad valorem property tax levy for the township firefighting fund under IC ~~36-8-13-4~~ for property taxes first due and payable in the immediately succeeding year by using the following formula for purposes of subsection (c)(2):

(b) If the township submits a petition as provided in subsection (a) before April 1 of a year, the department of local government finance shall increase the township's maximum permissible ad valorem property tax levy for the township firefighting and emergency services fund under IC 36-8-13-4(a)(1) or the combined levies for the township firefighting fund and township emergency services fund described in IC 36-8-13-4(a)(2), as applicable, for property taxes first due and payable in the immediately succeeding year by using the following formula for purposes of subsection (c)(2):

STEP ONE: Determine the percentage increase in the population, as determined by the township fiscal body and as may be prescribed by the department of local government finance, that is within the fire protection and emergency services area of the township during the ten (10) year period immediately preceding the year in which the petition is submitted under subsection (a). The township fiscal body may use the most recently available population data issued by the Bureau of the Census during the ten (10) year period immediately preceding the petition.

STEP TWO: Determine the greater of zero (0) or the result of:

(A) the STEP ONE percentage; minus

(B) six percent (6%);

expressed as a decimal.

STEP THREE: Determine a rate that is the lesser of:

(A) fifteen-hundredths (0.15); or

(B) the STEP TWO result.

STEP FOUR: Reduce the STEP THREE rate by any rate increase in the township's property tax rate for its township firefighting ~~fund~~ within the immediately preceding ten (10) year period that was made based on a petition submitted by the township under this section.

STEP FOUR: Reduce the STEP THREE rate by any rate increase in the township's property tax rate or rates for its township firefighting and emergency services fund, township firefighting fund, or township emergency services fund, as applicable, within the immediately preceding ten (10) year period that was made based on a petition submitted by the township under this section.

(c) The township's maximum permissible ad valorem property tax levy for its township firefighting fund under IC ~~36-8-13-4~~ for property taxes first due and payable in a given year, as adjusted under this section, shall be calculated as: (1) the amount of the ad valorem property tax levy increase for the township firefighting fund without regard to this section; plus (2) an amount equal to the result of: (A) the rate determined under the formula in subsection (b); multiplied by (B) the net assessed value of the fire protection and emergency services area divided by one hundred (100). The calculation under this subsection shall be used in the determination of the township's maximum permissible ad valorem property tax levy under IC 36-8-13-4 for property taxes first due and payable in the first year of the increase and thereafter.

(c) The township's maximum permissible ad valorem property tax levy for its township firefighting and emergency services fund under IC 36-8-13-4(a)(1) or the combined levies for the township firefighting fund and township emergency services fund described in IC 36-8-13-4(a)(2) for property taxes first due and payable in a given year, as adjusted under this section, shall be calculated as: (1) the amount of the ad valorem property tax levy increase for the township firefighting and emergency services fund under IC 36-8-13-4(a)(1) or the combined levies for the township firefighting fund and township emergency services fund described in IC 36-8-13-4(a)(2), as applicable, without regard to this section; plus (2) an amount equal to the result of: (A) the rate determined under the formula in subsection (b); multiplied by (B) the net assessed value of the fire protection and emergency services area divided by one hundred (100). The calculation under this subsection shall be used in the determination of the township's maximum permissible ad valorem property tax levy under IC 36-8-13-4 for property taxes first due and payable in the first year of the increase and thereafter.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.