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2017-01-02
CITY-OF-BATESVILLE
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2017-01-02
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D) In any court proceedings under this section the prevailing party may be awarded a judgment <br /> for court cases. <br /> SECTION 21: Issuance of certificate of indebtedness and exception. <br /> A) (1) (a) If a taxpayer does not timely and properly pursue his remedies seeking relief from a <br /> decision of the Commission or hearing officer and a final assessment is made against <br /> the taxpayer, or if the taxpayer fails to pay the deficiency assessed upon notice and <br /> demand, then the Commission through its authorized representative shall, as soon as <br /> practicable thereafter, issue to the Circuit Clerk of any county of the state in which the <br /> taxpayer's business is located a certificate of indebtedness certifying that the person <br /> named therein is indebted to the Commission for the amount of the tax established by <br /> the Commission as due. <br /> (b) If a taxpayer has a delinquent A&P tax liability to the Commission of less than one <br /> thousand dollars ($1,000.00), the Commission or its hearing officer may enter into <br /> an agreement with the taxpayer to allow the taxpayer to pay the delinquency in <br /> installments. The Commission or its hearing office may choose not to issue a <br /> certificate of indebtedness during the period of the installment agreement if he <br /> determines that it is in the best interest of the Commission. <br /> 2) The Circuit Clerk shall enter immediately upon the Circuit Court judgment docket: <br /> (a) The name of the delinquent taxpayer; <br /> (b) The amount certified as being due; <br /> (c) The name of the tax; and <br /> (d) The date of entry upon the judgment docket. <br /> 3) (a) The entry of the certificate of indebtedness shall have the same force and effect as <br /> the entry of a judgment rendered by the Circuit Court. This entry shall constitute <br /> the Commission lien upon the title of any real and personal property of the <br /> taxpayers in the county where the certificate of indebtedness is recorded. <br /> (b) This lien is in addition to any other lien existing in favor of the Commission to <br /> secure payment of taxes, applicable interest, penalties, and costs. The lien is <br /> superior to other liens of any type or character attaching to the property after the <br /> date of entry of the certificate of indebtedness on the judgment docket. This lien is <br /> superior to all claims of unsecured creditors. <br /> (c) The certificate of indebtedness authorized by this subsection shall continue in force <br /> for ten (10) years from the date of recording and shall automatically expire after the <br /> ten-year period has run, unless extended by order of the Court. Actions on the lien <br /> on the certificate of indebtedness shall be commenced within ten (10) years after <br /> the date of recording of the certificate, and not afterward. <br /> B) (1) After entry of the certificate, the Circuit Clerk shall issue a writ of execution directed to <br /> the Commission, authorizing the Commission to levy upon and against all real and <br /> personal property of the taxpayer. <br />
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