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Indiana Governor Proposes Massive Property Tax Changes
By Morgan Thomas and Bob Mellinger

Print Version (.PDF)



Indiana Gov. Mitch Daniels is pushing for sweeping property tax reform. The General Assembly will consider his proposal in its January 2008 session.

The tax reform plan comes in response to what many believe is a statewide property tax crisis in Indiana. This year, tax bills have doubled and even tripled for some property owners.

Daniels announced he wants to provide about $1 billion in property tax relief by:

  • Capping residential taxes at 1% of assessed value

  • Capping rental property (4 units or less) at 2% of assessed value

  • Capping commercial and industrial property at 3% of assessed value

  • Abolishing elected township and county assessors and creating a single appointed assessor in each county

  • Increasing the sales tax from 6% to 7%

The governor’s proposal also requires that local tax jurisdictions control their spending. Spending cannot grow faster than county income (based on a rolling six-year average) and new construction projects cannot be initiated without an affirmative vote from residents. The Tax and Capital Control Board in each county would review and approve the budgets of all taxing units so that the impact on taxpayers is taken into account before spending increases are permitted.

Tax Caps

Business leaders expressed concern over Daniels’ call for a 1% tax cap for homeowners and a 3% cap for businesses. Many Indiana tax jurisdictions currently have effective tax rates of 2.5% or less. So the implementation of a 3% rate means the majority of commercial and industrial property will face higher taxes even if the value remains the same.

Analysts question whether the disparity in a 1% cap for residential and a 3% cap for business property meets constitutional requirements that taxes be assessed at a uniform and equal rate.

"It does seem to me that when one class of property owners pays three times the amount of another, that is not uniform or equal," Indianapolis attorney Thomas Atherton told the Indianapolis Star.

Gov. Daniels wants the tax caps to be amended into the state’s constitution. However, that could not happen before 2010 because any constitutional amendment must be passed by two separately elected General Assemblies and then ratified by the voters in a general election.

Fewer Assessors

Indiana currently has 1,100 officials responsible for assessing property (1,008 townships and 92 counties). The governor says it’s no wonder that assessment values vary widely, both among and even within counties. He contends there are simply too many assessors and not enough of them have adequate professional training.

In a televised speech, Daniels explained, “Our unfair and unfixable assessment system must go. I will propose the elimination of all political assessors and the appointment by each county council of a single, qualified and certified assessor to oversee trained professionals in conducting future appraisals.”

Nation’s Highest Sales Tax

If the governor’s plan is approved, Indiana businesses would have to charge the highest sales tax in the country. Nevertheless, the governor believes the 7% sales tax rate would not negatively impact the economy.

Neighboring states Michigan and Kentucky currently have a 6 percent sales tax rate. Ohio and Illinois have local option sales tax, putting bordering county rates at an average 6.75% in Ohio and 6.55% in Illinois.

Property Tax Should Not Be Eliminated

Gov. Daniels said he gave careful thought to completely doing away with property taxes, which supply more than $9 billion to Indiana schools and local governments. But he ultimately concluded it would be too risky.

“Much as I would like to have taken that route, the risks to our schools, to small business and to our economy in general dissuaded me. In particular, I could not support the large increase in personal income taxes, paid by every Hoosier worker and most small businesses that would be necessary for the total elimination of property taxes,” Daniels said.

Click here to read the full text of Daniels’ speech


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