Sec. 35.5. (a) Except as provided in section 36 or 44 of this chapter and subject to section 45 of this chapter, a person who desires to claim the deduction provided by section 33 or 34 of this chapter must file a certified statement in duplicate, on forms prescribed
by the department of local government finance and proof of certification under subsection
(b) with the auditor of the county in which the property for which the deduction is
claimed is subject to assessment. To obtain the deduction for a desired calendar year in which property taxes are
first due and payable, the person must complete and date the certified statement in
the immediately preceding calendar year and file the certified statement with the
county auditor on or before January 5 of the calendar year in which the property taxes
are first due and payable. The statement may be filed in person or by mail. If mailed, the mailing must be postmarked on or before the last day for filing. On verification of the statement by the assessor of the township in which the property
for which the deduction is claimed is subject to assessment, or the county assessor
if there is no township assessor for the township, the county auditor shall allow
(b) The department of environmental management, upon application by a property owner,
shall determine whether a system or device qualifies for a deduction provided by section 33 or 34 of this chapter. If the department determines that a system or device qualifies for a deduction,
it shall certify the system or device and provide proof of the certification to the
property owner. The department shall prescribe the form and manner of the certification process
required by this subsection.
(c) If the department of environmental management receives an application for certification,
the department shall determine whether the system or device qualifies for a deduction. If the department fails to make a determination under this subsection before December
31 of the year in which the application is received, the system or device is considered
(d) A denial of a deduction claimed under section 33 or 34 of this chapter may be appealed as provided in IC 6-1.1-15. The appeal is limited to a review of a determination made by the township assessor
county property tax assessment board of appeals, or department of local government
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