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State Of Indiana 130 Short Sample

PETITION FOR REVIEW OF ASSESSMENT BY LOCAL ASSESSING OFFICIAL - PROPERTY TAX ASSESSMENT BOARD OF APPEALS

State Form 21513 (R6 / 3-08)

Prescribed by the Department of Local Government Finance

Check type of property under appeal (check only one):

Real

Personal

FORM 130

Assessment year under appeal

MARCH 1, ________________

READ IMPORTANT FILING INFORMATION BEFORE COMPLETING THIS FORM

IC 6-1.1-15-1

Review by county board; initiation by taxpayer notice; notice deadline; taxpayer meeting; hearing; appraisal not required; decision

Section 1. (a) A taxpayer may obtain a review by the county board of a county or township official’s action with respect to the assessment of the taxpayer’s tangible property if the official’s action requires the giving of notice to the taxpayer. At the time that the notice is given to the taxpayer, the taxpayer shall also be informed in writing of:

(1)the opportunity for a review under this section, including a meeting under subsection (h) with the county or township official referred to in this subsection; and

(2)the procedures the taxpayer must follow in order to obtain a review under this section.

(b)In order to obtain a review of an assessment effective for the assessment date to which the notice referred in subsection (a) applies, the taxpayer must file a notice in writing with the county or township official referred to in subsection (a) not later than forty-five (45) days after the date of the notice referred to in subsection (a).

(c)A taxpayer may obtain a review by the county board of the assessment of the taxpayer’s tangible property effective for an assessment date for which a notice of assessment is not given as described in subsection (a). To obtain the review, the taxpayer must file a notice in writing with the township assessor of the township in which the property is subject to assessment. The right of a taxpayer to obtain a review under this subsection for an assessment date for which a notice of assessment is not given does not relieve an assessing official of the duty to provide the taxpayer with the notice of assessment as otherwise required by the article. For an assessment date in a year before 2009, the notice must be filed on or before May 10 of the year. For an assessment date in a year after 2008, the notice must be filed no later than the later of:

(1)May 10 of the year; or

(2) forty - five (45) days after the date of the statement mailed by the county auditor under IC 6 - 1 . 1 - 17 - 3(b) .

(d)A change in an assessment made as a result of a notice for review filed by a taxpayer under subsection (c) after the time prescribed in subsection (c) becomes effective for the next assessment date. A change in an assessment made as a result of a notice for review filed by a taxpayer under subsection (b) or (c) remains in effect from the assessment date for which the change is made until the next assessment date for which the assessment is changed under this article.

(e)The written notice filed by the taxpayer under subsection (b) or (c) must include the following:

(1)the name of the taxpayer;

(2)The address and parcel or key number of the property; and

(3)The address and telephone number of the taxpayer.

(f)A county or township official who receives a notice for review filed by a taxpayer under subsection (b) or (c) shall immediately forward the notice to the county board.

(g)The county board shall hold a hearing or a review under this subsection no later than one hundred eighty (180) days after the date of the notice for review filed by the taxpayer under subsection (b) or (c). The county board shall, by mail, give notice of the date, time, and place fixed for the hearing to the taxpayer and the county or township official with whom the taxpayer filed notice for review. The taxpayer and the county or township official with whom the taxpayer filed the notice for review are parties to the proceeding before the county board.

(h)Before the county board holds the hearing required under subsection (g), the taxpayer may request a meeting by filing a written request with the county or township official with whom the taxpayer filed the notice for review to:

(1)attempt to resolve as many issues under review as possible; and

(2)seek a joint recommendation for settlement of some or all issues under review.

A county or township official who receives a meeting request under this subsection before the county board hearing shall meet with the taxpayer. The taxpayer and the county or township official shall present a joint recommendation reached under this subsection to the county board at the hearing required under subsection (g). The county board may adopt or reject the recommendation whole or in part.

(i)At the hearing required under subsection (g):

(1)the taxpayer may present the taxpayer’s reasons for disagreement with the assessment; and

(2)the county or township official with whom the taxpayer filed the notice for review must be present:

(A)the basis for the assessment decision; and

(B)the reasons the taxpayer’s contentions should be denied.

(j)The county board may not require a taxpayer to file documentary evidence or summaries or statements of testimonial evidence before the hearing required under subsection (g). If the action for which a taxpayer seeks review under this section is the assessment of tangible property, the taxpayer is not required to have an appraisal of the property in order to:

(1)initiate the review;

(2)prosecute the review.

(k)Regardless of whether or not the county board adopts a recommendation under subsection (h), the county board shall prepare a written decision resolving all of the issues under review. The county board shall, by mail, give notice of its determination not later then one hundred twenty (120) days after the hearing under subsection (g) to the taxpayer, the assessor, and the township assessor.

(l)If the maximum time elapses:

(1)under subjection (g) for the county board to hold a hearing; or

(2)under subsection (k) for the county board to give notice of its determination;

the taxpayer may initiate a proceeding for review before the Indiana board by taking the action required by Section 3 of this chapter at any time after the minimum time elapses.

Page 1 of 4

IMPORTANT FILING INFORMATION (continued)

IC 6-1.1-15-3

Review by Indiana board; initiation by petition of taxpayer or county assessor; petition deadline and form; appraisal not required; decision

Section 3.(a) A taxpayer may obtain a review by the Indiana board of a county board's action with respect to the following:

(1)The assessment of that taxpayer's tangible property if the county board's action requires the giving of notice to the taxpayer.

(2)The exemption of that taxpayer's tangible property if the taxpayer receives a notice of an exemption determination by the county board under IC 6-1.1-11-7.

(b)The county assessor is the party to the review under this section to defend the determination of the county board. At the time the notice of that determination is given to the taxpayer, the taxpayer shall also be informed in writing of:

(1)the taxpayer's opportunity for review under this section; and

(2)the procedures the taxpayer must follow in order to obtain review under this section.

(c)A county assessor who dissents from the determination of an assessment or an exemption by the county board may obtain a review of the assessment or the exemption by the Indiana board.

(d)In order to obtain a review by the Indiana board under this section, the party must, not later than forty-five (45) days after the date of the notice given to the party or parties of the determination of the county board:

(1)file a petition for review with the Indiana board; and

(2)mail a copy of the petition to the other party.

(e)The Indiana board shall prescribe the form of the petition for review of an assessment determination or an exemption by the county board. The Indiana board shall issue instructions for completion of the form. The form and the instructions must be clear, simple, and understandable to the average individual. A petition for review of such a determination must be made on the form prescribed by the Indiana board. The form must require the petitioner to specify the reasons why the petitioner believes that the assessment determination or the exemption determination by the county board is erroneous.

(f)If the action for which a taxpayer seeks review under this section is the assessment of tangible property, the taxpayer is not required to have an appraisal of the property in order to do the following:

(1)Initiate the review.

(2)Prosecute the review.

GENERAL INSTRUCTIONS:

1.Please print or type.

2.The petitioner should complete Section I, Section II, and Section III of this form.

3.The petition must be signed by the petitioner or an authorized representative. A representative must attach a notarized power of attorney unless the representative is a duly authorized employee of corporate officer of the taxpayer.

Is a power of attorney attached?

Yes

No

4.Certified tax representatives must attach a Tax Representative Disclosure statement. 50 IAC 15-5-5

As a result of filing this petition, the assessment may increase, may decrease, or may stay the same.

SECTION I: PROPERTY & PETITIONER INFORMATION

County

Township

Parcel or key number (for real property only)

 

 

 

 

Address of property being appealed (number and street, city state, and ZIP code)

 

 

 

 

 

Legal description on Form 11 or Property Record card (for real property), or business name (for personal property)

 

 

 

 

 

Name of property owner

 

Telephone number of property owner

 

 

(

)

 

 

 

Mailing address of property owner (number and street, city state, and ZIP code)

 

 

 

 

 

Name of authorized representative (if different from owner)

 

Telephone number of authorized representative

 

 

(

)

 

 

 

 

Mailing address of authorized representative (number and street, city state, and ZIP code)

Page 2 of 4

SECTION II: REASON FOR APPEAL

Land

Improvements

Personal Property

The property described in Section I is currently assessed at:

The petitioner contends that the property should be assessed at:

Present use for the property

Use for which property was designed

Classification of property (commercial, residential, etc.)

Was property sold in the last three years?

 

If yes, date of sale (month, day, year)

Sale price

Yes

No

 

 

 

 

 

 

If the property was sold in the last three years, attach the purchase agreement, escrow statement, closing statement, or other evidence, if available. If buyer and seller were or are related or had any common business interests, attach an explanation of the relationship.

If the property was not sold but was listed for sale in the past three years, attach a copy of the listing agreement or other available evidence.

Do you intend to present the testimony or report of a professional assessor / appraiser?

Yes

No

Is the property valued higher than comparable properties?

Yes

No

If yes, attach the owner’s name and address of each comparable property and explain how the property is comparable to the property being appealed.

The requested change in assessed value is justified for the following reasons: (Give specific reasons. Do not give conclusions such as the assessment is too high.)

SECTION III: SIGNATURES

Petitioner, taxpayer, or duly authorized employee or corporate officer of the taxpayer

I certify that my entries in Section I and Section II are accurate to the best of my knowledge and belief. I also understand that by appealing my assessment, my assessment may increase, may decrease, or may remain the same.

Signature of petitioner, taxpayer, or duly authorized officer

Date of signature (month, day, year)

Printed or typed name of petitioner, taxpayer, or duly authorized officer

Tax representative

I certify that the entries in Section I and Section II are accurate to the best of my knowledge and belief. I certify that I have viewed this property, the property record card, and Form 11 or Form 113, and that I have the authority to file this appeal on behalf of the taxpayer. I certify that I have made all necessary disclosures to my client, pursuant to 50 IAC 15-5.5.

Signature of tax representative

Date of signature (month, day, year)

Printed or typed name of tax representative

Attorney representative

I certify that my entries in Section I and Section II are accurate to the best of my knowledge and belief.

Signature of attorney representative

Date of signature (month, day, year)

Printed or typed name of attorney representative

CHECKLIST

I have reviewed Form 11 RA, Form 11 CI, or Form 113. I have reviewed the property record card.

If I am appealing both real and personal property assessments, I have filed separate petitions for each property. I have checked the type of property under appeal (real or personal) at the top of page one.

I have completed Section I, Section II, and Section III of this petition.

I have given specific reasons for the requested change in value in Section II of this petition.

If this petition is being filed by an authorized tax representative, a duly executed power of attorney and a Tax Representative Disclosure statement is attached. I have signed this petition.

I understand that I must submit the original and one copy of this form to the assessing official. If there are other related parcels currently under appeal, a listing of these parcels is attached.

Page 3 of 4

FOR ASSESSING OFFICIAL USE ONLY

1. Date notice was sent to taxpayer (month, day, year)

2. Date petition for review was filed by petitioner (month, day, year)

3. Petition for review timely filed?

 

 

 

Yes

No

 

 

 

 

Signature of assessor

Date of signature (month, day, year)

 

 

 

 

 

If the answer to number 3 above is “No”, the assessor shall notify the petitioner that the petition was not timely filed.

THE FOLLOWING SECTION IS FOR THE ASSESSOR / PETITIONER CONFERENCE

SECTION IV: RESULTS OF ASSESSOR / PETITIONER CONFERENCE

Before the county board holds the hearing required under IC 6-1.1-15.1 subsection (g), the taxpayer may request a meeting by filing a written request with the country or township official with whom the taxpayer filed the notice of review to:

(1)attempt to resolve as many issues under review as possible; and

(2)seek a joint recommendation for settlement of some or all of the issues under review.

A county or township official who receives a meeting request under this subsection before the county board hearing shall meet with the taxpayer. The taxpayer and the county or township official shall present a joint recommendation reached under this subsection to the county board at the hearing required under IC 6-1.1-15-1 subsection (g). The county board may adopt or reject the recommendation in whole or in part.

Land

Improvements

Personal Property

The petitioner contends that the property should be assessed at:

The assessing official contends that the property should be assessed at:

If no agreement can be reached, explain the reasons for disagreement. If a change in assessed value is being made, explain the reason for the change.

SIGNATURES

The values listed above and the explanation given accurately reflect my opinion regarding this property.

Signature of assessing official

Date of signature (month, day, year)

Printed or typed name of assessing official

Signature of taxpayer or authorized representative

Date of conference (month, day, year)

Printed or typed name of taxpayer or authorized representative

Page 4 of 4

File Characteristics

Fact Name Detail
Governing Law IC 6-1.1-15-1 governs the review process for property tax assessments in Indiana.
Filing Deadline Taxpayers must file a notice for review within 45 days of receiving notice of the assessment.
Hearing Timeline The county board must hold a hearing within 180 days after the notice for review is filed.
Decision Notification The county board must notify the taxpayer of its decision within 120 days after the hearing.

Essential Points on This Form

What is the purpose of the Indiana State Form 130?

The Indiana State Form 130 serves as a petition for taxpayers who wish to contest the assessment of their tangible property. This form allows individuals to formally request a review by the county Property Tax Assessment Board of Appeals if they believe their property has been inaccurately assessed. By filing this petition, taxpayers can initiate a process to potentially lower their property taxes based on a fair assessment of their property value.

How do I file a Form 130?

To file a Form 130, you must follow these steps:

  1. Obtain the form, which can be found on the Indiana Department of Local Government Finance website or through your local assessor's office.
  2. Fill out the required sections, including your personal information, property details, and the reasons for your appeal.
  3. Submit the completed form to the county or township official where your property is located. Ensure that you do this within the specified timeframe, which is generally 45 days from the date you received the assessment notice.
  4. Keep a copy of the filed form for your records, and be prepared for a hearing where you can present your case.

Remember, the more detailed and specific your reasons for the appeal, the stronger your case will be.

What happens after I file the Form 130?

Once you file the Form 130, the county board is required to hold a hearing within 180 days. They will notify you of the date, time, and place of the hearing by mail. At this hearing, both you and the assessing official will have the opportunity to present your arguments. You can explain why you disagree with the assessment, while the official will defend the current valuation.

If you and the assessing official reach a joint recommendation before the hearing, this can be presented to the board, which may choose to adopt or reject it. After the hearing, the board will issue a written decision within 120 days, informing you of their determination regarding your appeal.

Can I appeal the decision made by the county board?

Yes, if you disagree with the decision made by the county board, you have the right to appeal to the Indiana Board of Tax Review. To do this, you must file a petition for review within 45 days of receiving the county board's decision. This petition should outline the reasons you believe the county board's decision was incorrect. Just like with the initial appeal, you do not need an appraisal to initiate this review.

Keep in mind that the process can be complex, and having a clear understanding of the requirements and timelines is crucial to successfully navigating your appeal.

Misconceptions

Understanding the nuances of property tax assessment in Indiana can be challenging. Here are six common misconceptions about the State of Indiana's Form 130, which is used for appealing property tax assessments. Knowing the facts can help taxpayers navigate the process more effectively.

  • Misconception 1: You must have an appraisal to file an appeal.
  • Many people believe that they need a professional appraisal to initiate an appeal. In reality, you do not need an appraisal to file a petition for review. You can present your reasons for disagreement without one.

  • Misconception 2: You can file an appeal anytime.
  • Some think they can file an appeal whenever they want. However, there are strict deadlines. For most cases, you must file your notice within 45 days of receiving the assessment notice.

  • Misconception 3: The process is only for real property.
  • It’s a common belief that Form 130 is only applicable to real estate. In fact, it can also be used for personal property assessments, providing taxpayers with options for various types of property.

  • Misconception 4: The county board’s decision is final.
  • Some taxpayers think that once the county board makes a decision, that’s the end of the line. However, if you disagree with their decision, you can further appeal to the Indiana Board of Tax Review.

  • Misconception 5: You must attend a hearing to have your appeal considered.
  • While attending a hearing can strengthen your case, it is not mandatory for your appeal to be processed. You can submit your reasons in writing, and the board will consider them.

  • Misconception 6: Only high-value properties can be appealed.
  • Many believe that only properties with high assessments are eligible for appeal. This is not true. Any property, regardless of its assessed value, can be appealed if the owner believes the assessment is incorrect.

By dispelling these misconceptions, property owners in Indiana can feel more empowered to engage in the assessment process and advocate for fair evaluations of their properties.