Bill Text: IN SB0381 | 2011 | Regular Session | Enrolled


Bill Title: Tax representatives.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0381 Detail]

Download: Indiana-2011-SB0381-Enrolled.html


First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.


    SENATE ENROLLED ACT No. 381



     AN ACT to amend the Indiana Code concerning taxation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 6-1.1-15-17.3; (11)SE0381.1.1. -->
    SECTION 1. IC 6-1.1-15-17.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 17.3. (a) As used in this section, "tax official" means:
        (1) a township assessor;
        (2) a county assessor;
        (3) a county auditor;
        (4) a county treasurer;
        (5) a member of a county board; or
        (6) any employee, contract employee, or
independent contractor of an individual described in subdivisions (1) through (5).
     (b) Except as provided in subsection (c), a tax official in a county may not serve as a tax representative of any taxpayer with respect to property subject to property taxes in the county before the county board of that county or the Indiana board. The prohibition under this subsection applies regardless of whether or not the individual receives any compensation for the representation or assistance.
     (c) Subsection (b) does not:
        (1) prohibit a contract employee or independent contractor of a tax official from serving as a tax representative before the

county board or Indiana board for a taxpayer with respect to property subject to property taxes in the county unless the contract employee or independent contractor personally and substantially participated in the assessment of the property; or
        (2) prohibit an individual from appearing before the county board or Indiana board regarding property owned by the individual.

     (d) An individual who is a former county assessor, former township assessor, former employee or contract employee of a county assessor or township assessor, or an independent contractor formerly employed by a county assessor or township assessor may not serve as a tax representative for or otherwise assist another person in an assessment appeal before a county board or the Indiana board if:
        (1) the appeal involves the assessment of property located in:
            (A) the county in which the individual was the county assessor or was an employee, contract employee, or independent contractor of the county assessor; or
            (B) the township in which the individual was the township assessor or was an employee, contract employee, or independent contractor of the township assessor; and
        (2) while the individual was the county assessor or township assessor, was employed by or a contract employee of the county assessor or the township assessor, or was an independent contractor for the county assessor or the township assessor, the individual personally and substantially participated in the assessment of the property.
The prohibition under this subsection applies regardless of whether the individual receives any compensation for the representation or assistance.
However, this subsection does not prohibit an individual from appearing before the Indiana board or county board regarding property owned by the individual.


SEA 381 _ CC 1

Figure

Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned


feedback