Indiana Code Title 6. Taxation § 6-1.1-18.5-31

Sec. 31. (a) This section applies only to counties that contain at least four (4) municipalities each with a population greater than forty thousand (40,000), as determined by the most recent federal decennial census.

(b) As used in this section, “maximum levy to assessed value comparison” refers to the maximum property tax levy to property assessed value comparison determined under subsection (e).

(c) As used in this section, “municipality” means a city or town.

(d) As used in this section, “qualifying municipality” means a municipality that meets the condition set forth in subsection (f).

(e) The department of local government finance shall, before August 1, determine a maximum property tax levy to property assessed value comparison for all municipalities statewide using the following formula:

STEP ONE:  For each municipality, determine the municipality's maximum permissible ad valorem property tax levy for taxes first due and payable in 2024.

STEP TWO:  For each municipality, determine the total property assessed value of the municipality, as certified by the county auditor, for taxes first due and payable in 2024.

STEP THREE:  For each municipality, determine the quotient of:

expressed as a percentage.

(f) This section applies only to a municipality in which for taxes first due and payable in 2025, the municipality has a maximum levy to assessed value comparison that is in the lowest twentieth percentile of municipalities under STEP THREE of subsection (e) when compared to all municipalities statewide.

(g) If this section applies, the executive of a qualifying municipality may, not later than July 1, 2025, and after receiving approval by the legislative body, submit a petition to the department of local government finance to increase the maximum permissible ad valorem property tax levy of a qualifying municipality under this subsection.  If a petition is submitted under this subsection, the department of local government finance shall increase the maximum permissible ad valorem property tax levy of the qualifying municipality for property taxes first due and payable in 2025 to include all debt service levies of the qualifying municipality for property taxes first due and payable in 2025.

(h) An adjustment under this section is a one (1) time and permanent increase.  The qualifying municipality's ad valorem property tax levy for property taxes first due and payable in 2025, as adjusted under this section, shall be used in the determination of the qualifying municipality's maximum permissible ad valorem property tax levy under this chapter for property taxes first due and payable in 2026 and thereafter.

(i) Notwithstanding STEP ONE of section 3(a) of this chapter, for purposes of determining a qualifying municipality's maximum permissible ad valorem property tax levy for property taxes first due and payable in 2026, the amount determined in STEP ONE of section 3(a) of this chapter shall be the result determined in STEP TWO of the following calculation:

STEP ONE:  Determine a qualifying municipality's maximum permissible ad valorem property tax levy for property taxes first due and payable in 2025 without regard to the adjustment under this section.

STEP TWO:  Determine the sum of:

This calculation only applies to determining a qualifying municipality's maximum ad valorem property tax levy for property taxes first due and payable in 2026 and not to a determination for any other tax year.

(j) This section expires June 30, 2030.