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Understanding the nuances of the Indiana 43709 form is crucial for property owners aiming to benefit from deductions on their assessed property valuation. This form, officially titled the "Statement of Mortgage or Contract Indebtedness for Deduction from Assessed Valuation," serves as a vital tool for homeowners and contract buyers seeking to reduce their tax obligations. Prescribed by the Department of Local Government Finance, it must be submitted to the County Auditor in the county where the property is located. With filing dates varying for real property and mobile homes, it is imperative to adhere to these deadlines to ensure the application is considered for the intended tax year. This document requires detailed information about the applicant, the property, and the mortgage or contract indebtedness. Furthermore, qualifications and instructions on the reverse side of the form outline eligibility criteria, including residency requirements and the legal ownership of the property. The procedural aspects of application submission, either in person or by mail, alongside the potential consequences of providing false information, underscore the seriousness with which this form must be approached. Missteps in the application process can lead to penalties, including perjury, emphasizing the importance of accuracy and honesty when completing this form. Aimed at facilitating tax deductions, the eligibility criteria specify that the deduction amount will be the lesser of three possible figures: $3,000, one-half of the property's assessed value, or the unpaid balance of the mortgage or contract indebtedness as of the assessment date, showcasing the form's role in providing financial relief to eligible Indiana residents.

Sample - Indiana 43709 Form

File Mark

STATEMENT OF MORTGAGE OR CONTRACT INDEBTEDNESS FOR DEDUCTION FROM ASSESSED VALUATION

State Form 43709 (R5 / 4-03)

Prescribed by Department of Local Government Finance

County

Township

Year

INSTRUCTIONS:

To be filed in person or by mail with the County Auditor of the county where the property is located.

Filing Dates: 1) Real Property: During the 12 months before May 11 of the year the deduction is to be effective.

2)Mobile Homes assessed under IC 6-1.1-7: Between January 15 and March 2 of the year the deduction is to be effective. See reverse side for additional instructions and qualifications.

Applicant (owner or contract buyer - see restrictions on reverse side)

Taxing District

Key number / legal description

Record number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page number

 

 

 

 

 

 

 

 

 

 

Assessed value of real property as of

Mortgage / Contract indebtedness unpaid as of

Is the applicant the sole legal or equitable

March 1, current year

March 1, current year

 

owner?

 

Yes

 

No

 

 

 

 

 

 

 

 

 

 

 

If no, what is his / her exact share of interest?

If owned with someone other than spouse, indicate with whom.

If name on record is different than that of applicant, indicate below:

Is the property in question:

 

 

 

Real Property

 

Mobile Home (IC 6-1.1-7)

 

 

 

 

 

 

 

 

 

 

Name of mortgagee or contract seller

 

 

 

 

 

Address of mortgagee or contract seller (number and street, city, state, ZIP

Name of assignee or other owner or holder of mortgage

Address of assignee (number and street, city, state, ZIP code)

Does applicant own property in any other county in Indiana?

If yes, what county?

What Taxing District?

Has this deduction been requested on property for current year? Yes No

COUNTY AUDITOR

Deduction approved in the amount of:

20 ______

20 ______

20 ______

20 ______

20 ______

20 ______

20 ______

Signature ________________________________ County Auditor

Date

I / We certify under the penalty of perjury that the above and foregoing information is true and correct and that the applicants was / were a resident of Indiana and owner of the aforementioned property on March 1, 20 ______.

Signature (owner's full name)

Person authorized by duly executed Power of Attorney

 

or by IC 6-1.1-12-.07

 

 

Full resident address of applicant

Address of authorized person

 

 

RECEIPT FOR FILING STATEMENT OF MORTGAGE OR CONTRACT INDEBTEDNESS

Name of applicant

Date filed

 

Name of mortgagee or contract seller

Amount of indebtedness

Taxing District

Key number / legal description

Signature ____________________________ County Auditor

 

 

Instructions and Qualifications

Applicants must be residents of the State of Indiana.

Applications must be filed during the periods specified. Once the application is in effect, no other filing is necessary unless there is a change in the status of the property of applicant that would affect the deduction.

This application may be filed in person or by mail. If mailed, the mailing must be postmarked before the last day for filing.

Any person who willfully makes a false statement of the facts in applying for this deduction is guilty of the crime of perjury and on the conviction thereof will be punished in the manner provided by law.

The deduction equals $3,000, one-half of the assessed value of the property, or the balance of the mortgage or contract indebtedness as of the assessment date, which ever is least.

Authority for signing a deduction application may be delegated only by an executed power of attorney or by IC 6-1.1-12-.07.

Signature of only one spouse is required for filing, when owner is a husband and wife as tenants by the entireties.

An Indiana resident who was a member of the United States Armed Forces and who was away from the county of his residence as a result of military service during the time of filing must file a claim for deduction during the twelve months before May 11 of the year next succeeding the year of discharge.

A contract buyer must submit a recorded copy or recorded memorandum of the contract, which contains a legal description with the first statement filed for this deduction.

Form Overview

Fact Detail
Form Name Statement of Mortgage or Contract Indebtedness for Deduction from Assessed Valuation
Form Number State Form 43709 (R5 / 4-03)
Prescribing Authority Department of Local Government Finance
Applicable To Real Property and Mobile Homes assessed under IC 6-1.1-7
Application Period Real Property: 12 months before May 11 of the effective year; Mobile Homes: January 15 to March 2 of the effective year
Filing Method In person or by mail with the County Auditor where the property is located
Governing Law(s) IC 6-1.1-7 for Mobile Homes; various for Real Property
Deduction Amount $3,000, one-half of the assessed value, or balance of mortgage/contract indebtedness, whichever is least
Application Requirements Applicant must be an Indiana resident; A recorded copy or memorandum of the contract for contract buyers
Perjury Penalty False statement leads to perjury, punishable by law
Special Provisions for Military Personnel Indiana residents in the Armed Forces can file during the 12 months before May 11 of the year after discharge

Guide to Filling Out Indiana 43709

Filling out the Indiana 43709 form is a necessary step for homeowners or contract buyers looking to get a mortgage or contract indebtedness deduction from their assessed property value. This form is submitted to the County Auditor in the specific county where the property is located. Below are detailed steps to ensure the form is filled out accurately. It is crucial to pay attention to each section to avoid any potential delays or issues with your application.

  1. Start by entering the County and Township your property is located in, along with the Year you are applying for the deduction.
  2. Under Applicant, write your full name. If you are the owner or a contract buyer, make sure to comply with the restrictions noted in the form instructions.
  3. Enter the Taxing District Key number / legal description and Record number Page number relevant to your property.
  4. Write the Assessed value of real property and the amount of Mortgage / Contract indebtedness unpaid as of March 1 of the current year.
  5. Indicate whether you are the sole legal or equitable owner by checking Yes or No. If no, specify your exact share of interest and with whom the property is owned if not a spouse. If the name on record differs from the applicant's, provide the correct name.
  6. Check whether the property in question is Real Property or a Mobile Home assessed under IC 6-1.1-7.
  7. Fill out the Name and Address of the mortgagee or contract seller, including the city, state, and ZIP code.
  8. If there is an assignee or other owner or holder of the mortgage, provide their Name and Address as well.
  9. Answer whether you own property in any other county in Indiana by marking Yes or No. If yes, specify the county and Taxing District.
  10. Indicate if this deduction has been requested on the property for the current year by selecting Yes or No.
  11. Sign the form, providing the owner's full name. If someone is authorized by duly executed Power of Attorney or by IC 6-1.1-12-.07, their full name and address must be provided as well.
  12. Under the RECEIPT FOR FILING section, the County Auditor will fill in the Name of the applicant, Date filed, Name of the mortgagee or contract seller, Amount of indebtedness, Taxing District, Key number / legal description, and will sign the form.

After completing and reviewing the form for accuracy, it must be filed either in person or by mail with the County Auditor of the relevant county. Ensure that if you are mailing the form, it is postmarked before the last filing date mentioned in the instructions. Completing this form accurately and within the designated filing period is critical for securing your deduction.

Frequently Asked Questions

What is the Indiana 43709 form?

The Indiana 43709 form, officially known as the Statement of Mortgage or Contract Indebtedness for Deduction from Assessed Valuation, is a document intended for property owners in Indiana seeking a deduction on their assessed property valuation. The deduction is based on the amount of mortgage or contract indebtedness remaining on a person's residential property or mobile home. This form is to be submitted to the County Auditor in the county where the property is located.

Who is eligible to file the Indiana 43709 form?

Applicants must be Indiana residents and either the legal owner or contract buyer of the property for which the deduction is being claimed. Ownership with a spouse or any other individual is subject to specific ownership share disclosures. It is important that the applicant was the owner or contract buyer of the property on March 1 of the filing year. Special conditions apply to military personnel.

When should the Indiana 43709 form be filed?

The form must be filed during specific periods depending on the type of property. For real property, it should be filed during the 12 months before May 11 of the year the deduction is to take effect. For mobile homes assessed under IC 6-1.1-7, the form should be submitted between January 15 and March 2 of the deduction year. It is critical to adhere to these dates to ensure eligibility for the deduction.

Can the Indiana 43709 form be filed by mail, and are there any special instructions for mailing?

Yes, the Indiana 43709 form can be filed either in person or by mail. If opting to mail, ensure that the application is postmarked before the last day of the filing period. This is crucial to meeting the submission deadline and having the application considered for that filing year.

What are the penalties for providing false information on the Indiana 43709 form?

Any individual who knowingly provides false information on the form is guilty of perjury. Conviction of perjury carries penalties as established by law. It is imperative that all information submitted on the form is accurate and truthful to avoid any legal repercussions.

How is the deduction amount determined for the Indiana 43709?

The deduction amount is the lesser of three values: $3,000, one-half of the assessed value of the property, or the balance of the mortgage or contract indebtedness as of the assessment date. This is designed to provide a tax relief that reflects the remaining indebtedness on the property.

Is there a need to refile the Indiana 43709 form annually?

Once the Indiana 43709 form has been filed and the application is in effect, there is no need to refile annually unless there is a change in the status of the property or the applicant that could affect the deduction. It is important to notify the County Auditor of any such changes to ensure the deduction remains valid.

Common mistakes

Filling out the Indiana Form 43709, a Statement of Mortgage or Contract Indebtedness for Deduction from Assessed Valuation, may seem straightforward, but applicants often make mistakes. These errors can delay the processing of deductions or even result in the denial of a deduction claim. Recognizing these mistakes can help ensure a smoother application process.

One common mistake is not adhering to the designated filing dates. For real property, applications must be filed during the 12 months before May 11 of the year the deduction is to be effective. For mobile homes assessed under IC 6-1.1-7, the window is from January 15 to March 2 of the deduction year. Missing these dates can result in losing an entire year’s deduction.

Another error involves the section where the applicant must indicate if they are the sole legal or equitable owner of the property. If the answer is no, they must specify their exact share of interest. Applicants often overlook this detail or fail to accurately describe their share, leading to processing delays or questions regarding eligibility.

  1. Failure to provide the name and address of the mortgagee or contract seller. This information is crucial for verifying the legitimacy of the claim and ensuring that all parties are appropriately notified.
  2. Incorrectly stating ownership status in other counties. Applicants sometimes either fail to disclose ownership of property in other counties or inaccurately fill out this section. This can affect the applicant's eligibility for deductions.
  3. Not attaching required additional documentation. For contract buyers, a recorded copy or recorded memorandum of the contract with a legal description must accompany the first statement filed for this deduction. Omitting this can result in automatic denial.

Moreover, ensuring the accuracy of all personal information, including full names and addresses, is crucial. Any discrepancy between the name on the record and that of the applicant must be clearly explained. Misunderstandings here can lead to unnecessary complications or outright rejection of the deduction application.

Lastly, it's essential for applicants to review the instructions and qualifications on the reverse side of the form carefully. These guidelines outline the eligibility criteria, offer clarity on the deduction amount, and provide details about who may sign the application. Ignoring or misunderstanding these instructions is a frequent pitfall that can easily be avoided.

In summary, when applying for a mortgage or contract indebtedness deduction on the Indiana form 43709, it is imperative to pay close attention to filing deadlines, ownership details, and the requirement for additional documentation. Ensuring the accurate and complete submission of all required information will lead to a more efficient review process and increase the likelihood of securing the deduction.

Documents used along the form

When individuals or entities in Indiana complete the State Form 43709 for a mortgage or contract indebtedness deduction, it often accompanies several other forms and documents that ensure the accurate and lawful processing of their claim. These additional forms and documents play crucial roles in verifying ownership, confirming the status of the property, and ensuring compliance with state laws. Each document serves a specific purpose and collectively, they provide a comprehensive view of the applicant's eligibility and the property involved.

  • Homestead Deduction Application: This form is used to apply for a homestead deduction on a primary residence, which can lower the property's taxable value and, consequently, the property taxes owed.
  • Mortgage Deduction Certificate: For residents with a mortgage, this certificate verifies the amount remaining on the mortgage, which can qualify for deductions from assessed property value beyond the initial application.
  • Property Tax Benefits Claim Form: This document allows property owners to claim various tax benefits or deductions they are eligible for, including those for veterans, senior citizens, and rehabilitated properties.
  • Proof of Residence: Documents such as recent utility bills, voter registration, or a driver's license confirm the applicant's residency within Indiana.
  • Proof of Ownership: A deed or title document is required to prove that the applicant is the legal owner of the property in question.
  • Recorded Mortgage or Contract: A copy of the recorded mortgage or contract showing the legal description of the property and the terms of the mortgage or contract.
  • Power of Attorney Documentation: In cases where an application is signed by someone other than the property owner, a power of attorney document is needed to verify that the signer has legal authority to act on behalf of the owner.
  • Certificate of Military Service: For military personnel seeking to claim a deduction while away on service, this certificate proves the service member's active duty status.
  • Mobile Home Title: For mobile homes that are not assessed as real property, a title must accompany the application to verify ownership and the mobile home's description.

Together, these forms and documents ensure a seamless and compliant process for applying for property-related deductions in Indiana. They help in establishing the applicant's eligibility, the property's qualifications for deductions, and any other relevant circumstances that could affect the amount of deduction approved. It's important for applicants to closely follow the instructions for each required form and document to optimize their chances of receiving the desired deduction.

Similar forms

The Indiana 43709 form, designed for declaring mortgage or contract indebtedness for a deduction from assessed property valuation, shares similarities with several other documents focused on property and tax declarations. These similarities lie primarily in their purpose, structure, and the information required from the applicant, though there are notable differences tailored to each form’s specific function.

Similar Document: Mortgage Deduction Form
The Mortgage Deduction Form, used across various states, closely resembles the Indiana 43709 form in its core purpose—to provide homeowners a way to reduce the taxable value of their property based on the amount of their mortgage indebtedness. Both forms require detailed information about the property, the mortgage amount, and the property owner. They differ mainly in their applicability and specific qualifications necessary for the deduction, which vary from state to state.

Similar Document: Homestead Exemption Application
While the Homestead Exemption Application serves a somewhat different purpose—offering tax relief based on the homeowner’s primary residence—it aligns with the Indiana 43709 form in its requirement for detailed property information and proof of residency. Applicants must identify their property, prove ownership, and demonstrate that the home is their principal residence, paralleling the process of declaring mortgage or contract indebtedness for tax deduction purposes. The primary distinction lies in the eligibility criteria and the nature of the tax relief provided.

Similar Document: Property Tax Assessment Appeal Form
This form is used by property owners to challenge the assessed value of their property if they believe it is incorrect. The similarity to the Indiana 43709 form comes from the necessity for detailed property descriptions, ownership information, and the focus on assessed value. However, while the Indiana 43709 form is utilized to apply for a tax deduction based on mortgage or contract indebtedness, the Property Tax Assessment Appeal Form is employed to directly dispute the assessment values assigned by the county. The core difference lies in their objectives—one seeks a deduction based on indebtedness, while the other contests assessment accuracy.

Each of these documents, despite their differences, plays a crucial role in managing property taxes and ensuring that homeowners are granted any deductions or considerations to which they are entitled. They require careful and accurate completion to effectively serve their purpose, maintaining a balance between government regulations and homeowner rights.p>

Dos and Don'ts

When completing the Indiana 43709 form, which is the Statement of Mortgage or Contract Indebtedness for Deduction from Assessed Valuation, it's important to adhere to the set guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do when filling out this form.

Do:
  • Ensure eligibility: Verify that you are a resident of Indiana and the owner or contract buyer of the property as per the form's requirements.
  • File within the designated period: Submit your application according to the specified filing dates. For real property, this is during the 12 months before May 11 of the year the deduction is to be effective. For mobile homes assessed under IC 6-1.1-7, it is between January 15 and March 2 of the year the deduction is to be effective.
  • Provide accurate information: Fill out all sections of the form with true and correct information to avoid the risk of perjury.
  • Include necessary documentation: If you are a contract buyer, attach a recorded copy or a recorded memorandum of the contract with a legal description.
  • Check if it's a one-time filing: Remember that once your application is in effect, you do not need to refile unless there is a change in the status of the property or owner that would affect the deduction.
  • Sign the form: Ensure the form is signed by the owner, or if applicable, a person authorized by a duly executed Power of Attorney or by IC 6-1.1-12-.07. If the property is owned by a husband and wife, only one signature is required.
  • Mail correctly: If sending by mail, make sure the mail is postmarked before the last day for filing.
Don't:
  • Delay filing: Avoid waiting until the last minute to file your application to prevent missing the deadline.
  • Leave sections blank: Do not skip any sections. Complete every part of the form to ensure your application is processed without delays.
  • Forget about your other properties: If you own property in another county in Indiana, make sure you also claim the deduction for those properties if eligible.
  • Ignore changes in status: If there are changes in the property's or owner’s status affecting the deduction, you must file a new application reflecting these changes.
  • Submit incomplete documentation: Don’t forget to attach all required documents, especially if you are a contract buyer.
  • Make false statements: Avoid falsifying any information on the form. Willfully making false statements is considered perjury and is punishable by law.
  • Overlook mailing guidelines: If mailing the application, do not disregard the requirement for the mail to be postmarked before the deadline.

Misconceptions

Understanding the Indiana 43709 form, used for applying a mortgage or contract deduction from a property's assessed valuation, is critical. However, several misconceptions exist regarding how it functions and its requirements. Here's a deep dive into these common misunderstandings:

  • Misconception 1: The form can be filed at any time during the year. Reality: There are specific filing dates. For real property, it must be filed during the 12 months before May 11 of the year the deduction is to be effective. For mobile homes, between January 15 and March 2 of the effective year.

  • Misconception 2: Filing this form is a one-time requirement. Reality: An application must be refiled only if there's a change in the property's status or the applicant that affects the deduction; otherwise, no annual refiling is necessary.

  • Misconception 3: Anyone can apply for this deduction regardless of residency. Reality: Applicants must be residents of Indiana to qualify for this deduction.

  • Misconception 4: Electronic submissions are accepted. Reality: The application may be filed in person or by mail; electronic submissions are not mentioned as an option.

  • Misconception 5: Only the property owner can file for this deduction. Reality: Either the owner or a contract buyer, under certain restrictions, may apply for the deduction.

  • Misconception 6: The full amount of the mortgage or contract indebtedness can be deducted from the assessed value. Reality: The deduction is the lesser of $3,000, half of the assessed property value, or the balance of the mortgage or contract indebtedness as of the assessment date.

  • Misconception 7: Filing for this deduction requires the signature of both spouses if married. Reality: When owned by husband and wife as tenants by the entireties, the signature of only one spouse is required.

  • Misconception 8: A Power of Attorney is not necessary for someone else to file on your behalf. Reality: Authority to sign the application on behalf of the owner can only be granted through a duly executed Power of Attorney or pursuant to IC 6-1.1-12-.07.

Clearing up these misconceptions ensures that applicants understand the eligibility criteria, submission process, and the legal obligations involved in applying for the mortgage or contract deduction using the Indiana 43709 form. Correct information helps in successfully navigating the process and avoiding potential legal issues.

Key takeaways

Understanding the Indiana Form 43709, a Statement of Mortgage or Contract Indebtedness for Deduction from Assessed Valuation, is crucial for homeowners aiming to reduce their taxable property value. Here are the key points to remember:

  • Eligibility and filing dates are specific: Real property owners must file within the 12 months before May 11th of the effective deduction year. Mobile homes assessed under IC 6-1.1-7 should be filed between January 15th and March 2nd of the effective year.
  • The applicant must be a resident of Indiana. This requirement ensures that the tax relief benefits serve the residents of the state.
  • Filing the form can be done in two ways: In person or by mail. However, if choosing to mail the application, it must be postmarked before the final filing deadline.
  • Applicants must be honest in their disclosures. Providing false information is considered perjury, a serious offense that is punishable by law.
  • The deduction amount is calculated based on the lesser of three values: $3,000, half of the assessed property value, or the remaining balance of the mortgage or contract indebtedness as of March 1 of the current year.

Proper completion and timely submission of Form 43709 can significantly impact a homeowner’s tax liabilities. It is advisable for applicants to review all instructions and qualifications thoroughly to ensure compliance and to secure the allowed deduction benefits.

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