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In Indiana, navigating the complexities of property tax deductions requires a thorough understanding of specific forms and procedures. Among these, the Indiana 43709 form plays a crucial role for homeowners and contract buyers looking to reduce their assessed property valuation, thereby potentially lowering their tax burden. This state-prescribed form, developed by the Department of Local Government Finance, is primarily used for submitting claims of mortgage or contract indebtedness as valid deductions from a property's assessed value. Applicants, who must be Indiana residents, are eligible to file within designated periods—real property claims within the 12 months before May 11 of the effective deduction year and mobile homes assessed under IC 6-1.1-7 between January 15 and March 2. The form requires detailed information, including the applicant's ownership status and the precise amount of unpaid mortgage or contract indebtedness as of March 1 of the current year. Significantly, the form not only facilitates a deduction that could equal $3,000, one-half of the property's assessed value, or the remaining indebtedness (whichever is least) but also mandates honest reporting under penalty of perjury. Moreover, specific clauses are included to ease the filing process for spouses and military personnel. With its structured guidelines and requisite details, the 43709 form embodies an essential step for Indiana residents seeking to navigate the complexities of property tax deductions effectively.

Example - 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.

File Information

Fact Name Detail
Form Purpose The Indiana Form 43709 is used for declaring mortgage or contract indebtedness to request a deduction from assessed property valuation.
Filing Entity This form is prescribed by the Department of Local Government Finance and must be filed with the County Auditor where the property is located.
Filing Deadline 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 assessed under IC 6-1.1-7, it's between January 15 and March 2 of the effective year.
Applicant Eligibility The form is to be filed by the owner or contract buyer of the property, with specific restrictions and qualifications detailed on the form itself.
Deduction Details The possible deduction amount is $3,000, one-half of the assessed value of the property, or the unpaid balance of the mortgage or contract indebtedness as of the assessment date, whichever is least.
Governing Laws The form and its filings are governed by Indiana Code 6-1.1-7 for mobile homes and other relevant Indiana Code sections for real estate and personal property taxation.

How to Fill Out Indiana 43709

Completing the Indiana 43709 form is a necessary step for homeowners or contract buyers seeking to benefit from a deduction from the assessed valuation of their property. This process can provide significant financial relief, but it requires careful attention to detail to ensure all provided information is accurate and the submission complies with the relevant deadlines. Here are the steps to fill out the form effectively and within the stipulated time frame.

  1. Review the entire form to understand what information and documentation are required.
  2. Enter the county and township where the property is located in the spaces provided at the top of the form.
  3. Fill in the year for which the deduction is to be effective.
  4. Under "Applicant," provide your full name, indicating if you are the owner or contract buyer. Note the restrictions mentioned on the reverse side of the form.
  5. Enter the Taxing District, Key number/legal description, and Record number for your property.
  6. Input the Page number and the Assessed value of the real property as of March 1 of the current year.
  7. State the Mortgage/Contract indebtedness unpaid as of March 1 of the current year.
  8. Indicate whether you are the sole legal or equitable owner of the property. If not, specify your exact share of interest and with whom the property is owned if it's someone other than a spouse.
  9. Provide the name and address of the mortgagee or contract seller, including the city, state, and ZIP code.
  10. If applicable, name the assignee or other owner or holder of the mortgage and their address.
  11. Answer whether you own property in any other county in Indiana. If yes, specify the county and Taxing District.
  12. Indicate if this deduction has been requested on the property for the current year.
  13. After careful review, sign the form, verifying that all information is true and correct under the penalty of perjury.
  14. If applicable, the person authorized by duly executed Power of Attorney or by IC 6-1.1-12-.07 should also sign their full name and provide their full resident address.
  15. Submit the completed form, either in person or by mail, to the County Auditor of the county where the property is located. Remember, if mailing, the envelope must be postmarked before the last day of filing.

Once your form is submitted and processed, you'll receive a receipt for the filing of your statement. Keeping this receipt is important as it serves as proof of your application. The County Auditor's office will review your application, and you will be notified whether your deduction has been approved and in what amount. Stay attentive to any communication from the Auditor's office, as additional information or documentation may be requested to finalize your deduction.

Things to Know About Indiana 43709

What is the Indiana 43709 form?

The Indiana 43709 form is an official document used to apply for a deduction from assessed valuation based on mortgage or contract indebtedness. It is essential for property owners in Indiana who aim to reduce their taxable assessed property value, thereby lowering their property taxes. This deduction applies to both real property and mobile homes, as assessed under specific Indiana Code (IC) sections.

Who can file the Indiana 43709 form?

The form can be filed by the owner of the property or the contract buyer. Applicants must be residents of Indiana. It's important to note that restrictions apply if the property is co-owned or if the applicant is not the sole legal or equitable owner. Specific details about the owner's share of interest or co-ownership with someone other than a spouse should be provided when filing the form.

When should the Indiana 43709 form be filed?

For real property, the form must be filed during the 12 months before May 11 of the year for which the deduction is to be effective. For mobile homes that are assessed under IC 6-1.1-7, the form should be filed between January 15 and March 2 of the effective year of the deduction.

How can the Indiana 43709 form be filed?

Applicants have the option to file this form in person or by mail with the County Auditor of the county where the property is located. If choosing to mail the form, ensure the mailing is postmarked before the last day for filing to meet the deadline requirements.

What happens if someone falsely files the Indiana 43709 form?

Filing false information on the Indiana 43709 form is considered perjury, a serious crime. Individuals convicted of perjury for falsely applying for this deduction face penalties as provided by law. Accuracy and truthfulness in completing this form are paramount.

How is the deduction amount determined?

The deduction amount is the lesser of $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 calculation ensures that the deduction accurately reflects the mortgage or contract indebtedness without exceeding set limits.

Is it necessary to file the Indiana 43709 form every year?

Once the application is filed and in effect, no further action is necessary unless there is a change in the status of the property or the applicant that would affect the deduction. This includes changes in ownership, the mortgage or contract indebtedness amount, or the applicant’s residency status.

Can someone else sign the Indiana 43709 form on behalf of the applicant?

Yes, the authority to sign the deduction application can be delegated. However, this is only permissible if done through an executed power of attorney or in accordance with IC 6-1.1-12-.07. In instances where the property is owned by a husband and wife as tenants by the entireties, the signature of only one spouse is required.

What specific information is required when filing this form?

Applicants must provide detailed information including the full name of the mortgagee or contract seller, the address, and the exact amount of mortgage or contract indebtedness unpaid as of March 1 of the current year. Additionally, a legal description of the property, and details regarding any co-ownership or different names on the property record versus the applicant's name, are required.

What are the provisions for military service members concerning this form?

Indiana residents who are members of the United States Armed Forces and were away from their county of residence due to military service during the filing period are granted an extension. They must file their claim for the deduction during the twelve months before May 11 of the year following their year of discharge from service.

Common mistakes

Filling out government forms correctly is crucial to ensure that you receive the benefits or deductions you are entitled to. The Indiana 43709 form, a statement of mortgage or contract indebtedness for deduction from assessed valuation, is no exception. However, people often make mistakes when completing this form, which can lead to delays or denials of their deduction. This form is designed to help homeowners in Indiana lower their taxable property value, but it needs to be filled out with attention to detail.

There are several common mistakes people make on the Indiana 43709 form. First, many people miss the filing dates. For real property, the form must be submitted 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 between January 15 and March 2 of the effective deduction year. Meeting these deadlines is essential for the application to be considered.

Another frequent error is not providing complete owner or contract buyer information. The form asks whether the applicant is the sole legal or equitable owner of the property. If not, the applicant's exact share of interest and details of co-ownership must be clearly specified. This information is crucial for accurately assessing the deduction entitlement.

Incorrect or incomplete property identification also poses a significant problem. Applicants must include a taxing district, key number, and legal description of the property. Errors or omissions in these fields can lead to processing delays or misidentification of the property in question.

Additionally, applicants often overlook the requirement to indicate whether they own property in any other county within Indiana. This information is vital for determining eligibility for deductions across multiple properties.

Signatures also frequently become a stumbling block. The form must be signed by the owner, someone authorized by a duly executed Power of Attorney, or in accordance with IC 6-1.1-12-.07. Moreover, if the property is owned by a husband and wife as tenants by the entireties, a common mistake is thinking both spouses must sign the form when, in fact, only one signature is required.

Lastly, a recorded copy or memorandum of the contract needs to be attached with the first statement filed for this deduction when the applicant is a contract buyer. Failing to submit this supporting document can lead to the deduction application being incomplete.

To summarize, when filling out the Indiana 43709 form, ensure to:

  1. Adhere to the specified filing dates.
  2. Provide complete and accurate ownership information.
  3. Correctly identify your property with all required details.
  4. Declare ownership of property in any other Indiana county, if applicable.
  5. Include the necessary signatures.
  6. Attach a recorded copy or memorandum of the contract for contract buyers.

By avoiding these common mistakes, applicants can improve their chances of successfully obtaining the mortgage or contract indebtedness deduction.

Documents used along the form

When submitting the Indiana 43709 form, which serves as a Statement of Mortgage or Contract Indebtedness for Deduction from Assessed Valuation, applicants often need to provide additional documents to support their application. These documents are crucial for verifying the details of the property and the applicant's eligibility for the deduction they are requesting. Below is a list of documents commonly submitted alongside the Indiana 43709 form:

  • Proof of Residence: This document verifies that the applicant is a resident of Indiana, which is a requirement for the deduction. Acceptable documents can include a driver’s license, state ID, or any official document with the applicant’s full residential address.
  • Recorded Mortgage or Contract: To substantiate the existence and conditions of a mortgage or contract for which the deduction is being applied, a copy of the recorded mortgage or contract must be submitted. This document should include the legal description of the property and the terms of the indebtedness.
  • Assessment Notice: An assessment notice from the local assessor's office that shows the current assessed value of the property in question. This document helps in calculating the amount of deduction one is eligible for.
  • Deed of the Property: A copy of the property’s deed proves the applicant's ownership or equitable interest in the property. The deed must include the legal description of the property as well.
  • Military Service Records: For Indiana residents who were members of the United States Armed Forces and were away from their county of residence as a result of military service, documentation verifying military service and the dates of service is required. This pertains to individuals seeking to apply or reapply for a deduction due to military service.
  • Power of Attorney Documentation: If the application is being filed by someone other than the owner due to a power of attorney arrangement, a copy of the executed power of attorney document must be provided. This document authorizes the individual to act on behalf of the property owner.

This collection of documents, when submitted alongside the Indiana 43709 form, provides the County Auditor with a comprehensive understanding of the applicant’s situation and eligibility for the mortgage or contract indebtedness deduction. It's always advised to check with the local County Auditor's office for specific filing requirements and any additional documents that may be required, as regulations and requirements can vary.

Similar forms

The Indiana 43709 form, labeled "Statement of Mortgage or Contract Indebtedness for Deduction from Assessed Valuation," shares similarities with other forms designed to manage or report financial aspects related to real estate and personal property. These include forms for mortgage interest deductions, property tax appeal forms, and applications for homestead exemptions. Each of these documents serves a different purpose but intersects in their use for managing property-related finances and obligations.

The Mortgage Interest Deduction Form, found in many states, is quite similar to the Indiana 43709 form in that it allows homeowners to report the amount of mortgage interest they have paid over the fiscal year. This can reduce taxable income by the amount of interest paid, under certain conditions. While the Indiana 43709 form focuses on the reduction of assessed property value based on the outstanding mortgage or contract amount, both forms ultimately support homeowners in lowering their financial burden related to owning a home. Both require detailed information about the mortgage or contract, including the amount unpaid as of a certain date.

Another document, the Property Tax Appeal Form, also shares characteristics with the 43709 form. Property owners use it to challenge the assessed value of their real estate, potentially leading to decreased property taxes. Like the Indiana 43709, this form requires homeowners to provide detailed information about their property and the basis for its reassessment. The key similarity lies in their mutual goal of reducing property-related taxes, although they approach the issue from different angles—one focusing on the assessed value and the other on deductions based on mortgage indebtedness.

The Homestead Exemption Application is yet another form related to the 43709. Many states offer a homestead exemption that reduces the assessed value of a primary residence for the purposes of taxation, thereby lowering property taxes. Applicants must provide proof of ownership, and similar to the 43709 form, details about their property's value and their personal circumstances. Both the Homestead Exemption Application and the Indiana 43709 aim to provide financial relief to homeowners, yet they do so by recognizing different aspects of homeownership and residency status.

Dos and Don'ts

When completing the Indiana 43709 form, which is the Statement of Mortgage or Contract Indebtedness for Deduction from Assessed Valuation, there are specific guidelines one should follow to ensure accuracy and compliance. Here are five practices you should adopt as well as five practices you should avoid:

What You Should Do:

  1. Ensure you are a resident of Indiana, as the form is exclusively for Indiana residents.
  2. File within the specified periods – for real property, during the 12 months before May 11 of the year the deduction is to become effective; for mobile homes assessed under IC 6-1.1-7, between January 15 and March 2 of the effective year.
  3. If you are mailing the form, make certain that the mail is postmarked before the last day for filing.
  4. Accurately report the unpaid mortgage or contract indebtedness as of March 1 of the current year.
  5. Sign the form personally if you are the owner or ensure that a person authorized by a duly executed Power of Attorney or by IC 6-1.1-12-.07 signs it.

What You Should Not Do:

  • Do not apply if you are not a resident of Indiana at the time of filing or on March 1 of the relevant year.
  • Avoid filing outside the designated periods, as it will result in your application being rejected.
  • Do not omit or incorrectly state your share of interest in the property if it is co-owned with someone other than a spouse.
  • Avoid providing false statements or information; doing this is considered perjury and is punishable by law.
  • Do not forget to include a recorded copy or recorded memorandum of the contract with a legal description for contract buyers filing this deduction for the first time.

Following these guidelines will help ensure your application for a mortgage or contract indebtedness deduction is properly processed and accepted by the County Auditor.

Misconceptions

The Indiana Form 43709, known officially as the Statement of Mortgage or Contract Indebtedness for Deduction from Assessed Valuation, is designed to help homeowners in Indiana apply for a deduction on their property taxes. However, there are several misconceptions about this form and its application process. Understanding these misconceptions can help ensure that applicants accurately complete their submission for the deduction.

  • Misconception #1: The form must be filed annually.
  • This is incorrect. Once the application is approved, there is no need to refile annually unless there is a change in the status of the property or the applicant that would affect the deduction.

  • Misconception #2: Any homeowner in Indiana can apply.
  • Not all homeowners qualify. Applicants must be Indiana residents and the owner or contract buyer of the property for which the deduction is sought. Additional restrictions and qualifications are provided on the form itself.

  • Misconception #3: The deduction is automatically $3,000.
  • The deduction amount is the lesser of $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, not automatically $3,000 for every applicant.

  • Misconception #4: Only the legal owner of the property can file.
  • Contract buyers, not just legal owners, can apply for the deduction if they provide a recorded copy or memorandum of the contract showing a legal description with the first statement filed for this deduction.

  • Misconception #5: The form can be filed at any time during the year.
  • Filing dates are strict. For real property, the form 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 filing window is between January 15 and March 2 of the effective year.

  • Misconception #6: Filing the form guarantees a deduction.
  • Filing the form correctly and within the given deadlines does not guarantee a deduction. The county auditor reviews and must approve the application for the deduction to be granted.

  • Misconception #7: Electronic signatures are permitted for all parties.
  • The form requires a wet signature from the applicant or an authorized person with a duly executed Power of Attorney or by IC 6-1.1-12-.07. Electronic signatures might not be accepted for filing with the county auditor.

  • Misconception #8: The applicant does not need to confirm the accuracy of the form’s information.
  • Applicants and authorized signatories must certify under the penalty of perjury that the information provided in the form is true and correct. Making a false statement can lead to perjury charges.

Understanding these misconceptions can help ensure that the application process for the Indiana Form 43709 runs smoothly and that applicants maximize their chances for approval.

Key takeaways

Understanding and utilizing the Indiana 43709 form for mortgage or contract indebtedness deduction from assessed valuation requires careful attention to details and deadlines. Here are key takeaways for effectively filling out and using the form:

  • Eligibility and Filing Window: Applicants must be Indiana residents and the form must be filed during specified periods. For real property, this is within 12 months before May 11 of the effective year of the deduction. For mobile homes assessed under IC 6-1.1-7, the filing period is between January 15 and March 2 of the effective deduction year.
  • Application Submission: The form can be submitted either in person or by mail to the County Auditor of the county where the property is located. If mailing, ensure the application is postmarked before the filing deadline.
  • Deduction Amount: The deduction can be up to $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, whichever is least.
  • Documentation for Contract Buyers: If the applicant is a contract buyer, they must submit a recorded copy or recorded memorandum of the contract, which includes a legal description, with the first statement filed for this deduction.
  • Perjury Warning: Applicants must certify that the information provided is true and correct under penalty of perjury. Any deliberate falsification of information is a criminal offense and may lead to prosecution.
  • Power of Attorney: Authority to sign the deduction application can be delegated through an executed power of attorney or pursuant to IC 6-1.1-12-.07, highlighting the importance of formal delegation of authority in certain situations. For married applicants owning the property as tenants by the entireties, only one spouse's signature is required.

Compliance with the guidelines provided on the form and adherence to deadlines ensures that eligible Indiana residents can benefit from this deduction, potentially reducing their taxable property value and, by extension, their property taxes. It's essential for applicants to thoroughly review the form and accompanying instructions to ensure accurate and timely submission.

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