(a) Except as provided in IC 6-8.1-5-3 and sections 16 and 17 of this chapter, the department must issue a demand notice for the payment of a tax and any interest or penalties accrued on the tax, if a person files a tax return without including full payment of the tax or if the department, after ruling on a protest, finds that a person owes the tax before the department issues a tax warrant. The demand notice must state the following:

1. (1) That the person has twenty (20) days from the date the department mails the notice to either pay the amount demanded or show reasonable cause for not paying the amount demanded.
2. (2) The statutory authority of the department for the issuance of a tax warrant.
3. (3) The earliest date on which a tax warrant may be filed and recorded.
4. (4) The statutory authority for the department to levy against a person's property that is held by a financial institution.

5. (5) The remedies available to the taxpayer to prevent the filing and recording of the judgment.

   If the department files a tax warrant in more than one (1) county, the department is not required to issue more than one (1) demand notice. The department may not issue a demand notice for a liability more than nine (9) years after the first date the department is permitted to issue a demand notice under this chapter.

(c) When the department issues a tax warrant, it may not file the warrant with the circuit court clerk of any county in which the person resides, is domiciled, or owns property until at least twenty (20) days after the date the demand notice was mailed to the taxpayer. If a taxpayer does not own property in Indiana, the department is unable to determine whether the taxpayer owns property in Indiana, the taxpayer does not reside and is not domiciled in Indiana, or the department is unable to determine the taxpayer's residence or domicile, the department may file the tax warrant with the circuit court clerk of Marion County. The department may also send the warrant to the sheriff of any county in which the person resides, is domiciled, or owns property and direct the sheriff to file the warrant with the circuit court clerk:

1. (1) at least twenty (20) days after the date the demand notice was mailed to the taxpayer; and
2. (2) no later than five (5) days after the date the department issues the warrant.

(d) When the circuit court clerk receives a tax warrant from the department or the sheriff, the clerk shall record the warrant by making an entry in the judgment debtor's column of the judgment record, listing the following:

1. (1) The name of the person owing the tax.
2. (2) The amount of the tax, interest, penalties, collection fee, sheriff's costs, clerk's costs, and fees established under section 4(b) of this chapter when applicable.
3. (3) The date the warrant was filed with the clerk.

(e) When the entry is made, the total amount of the tax warrant becomes a judgment against the person owing the tax. The judgment creates a lien in favor of the state that attaches to all the person's interest in any:

1. (1) chose in action in the state; and

2. (2) real or personal property in the state;

   excepting only negotiable instruments not yet due. The department may domesticate a valid tax warrant in one (1) or more other states or countries, or in the political subunits of other states or countries, in the manner that any other civil judgment may be domesticated in that jurisdiction. The department shall be permitted all rights and remedies permitted in a jurisdiction in which a judgment is domesticated, even if the rights or remedies would not be permitted under Indiana law.

(f) The following apply to a judgment on a tax warrant:

1. (1) A judgment on a tax warrant must be filed in at least one (1) Indiana county not later than ten (10) years after the first date on which a demand notice could be issued under this chapter.
2. (2) Except as provided in subdivision (3), if a judgment on a tax warrant is entered in at least one (1) Indiana county, the department may file an additional tax warrant in one (1) or more Indiana counties during the period in which one (1) or more tax warrants are valid under this section.
3. (3) A judgment obtained under this section is valid for ten (10) years from the date the judgment is filed. The department may renew the judgment for additional ten (10) year periods by filing an alias tax warrant with the circuit court clerk of the county in which the judgment previously existed. An amended tax warrant under this section or section 4 of this chapter shall not constitute an alias tax warrant. The failure to renew a tax warrant in a particular county shall preclude the issuance of a new tax warrant under subdivision (2).

4. (4) If the department does not:

   1. (A) issue a timely demand notice under subsection (a);
   2. (B) file a timely tax warrant under subdivision (1); or

   3. (C) renew all tax warrants under subdivision (3);

      the department shall extinguish the tax liability from which the demand notice or judgment arose, and no state agency shall treat the tax liability as a delinquency for purposes of Indiana law.

(g) A judgment arising from a tax warrant in a county shall be released by the department:

1. (1) after the judgment, including all accrued interest to the date of payment, has been fully satisfied; or
2. (2) if the department determines that the tax assessment or the issuance of the tax warrant was in error.

(h) Subject to subsections (p) and (q), if the department determines that the filing of a tax warrant was in error or if the commissioner determines that the release of the judgment and expungement of the tax warrant are in the best interest of the state, the department shall mail a release of the judgment to the taxpayer and the circuit court clerk of each county where the warrant was filed. The circuit court clerk of each county where the warrant was filed shall expunge the warrant from the judgment debtor's column of the judgment record. The department shall mail the release and the order for the warrant to be expunged as soon as possible but no later than seven (7) days after:

1. (1) the determination by the department that the filing of the warrant was in error; and
2. (2) the receipt of information by the department that the judgment has been recorded under subsection (d).

(i) If the department determines that a judgment described in subsection (h) is obstructing a lawful transaction, the department shall immediately upon making the determination mail:

1. (1) a release of the judgment to the taxpayer; and
2. (2) an order requiring the circuit court clerk of each county where the judgment was filed to expunge the warrant.

(l) If the sheriff collects the full amount of a tax warrant, the sheriff shall disburse the money collected in the manner provided in section 3(c) of this chapter. If a judgment has been partially or fully satisfied by a person's surety, the surety becomes subrogated to the department's rights under the judgment. If a sheriff releases a judgment:

1. (1) before the judgment is fully satisfied;
2. (2) before the sheriff has properly disbursed the amount collected; or

3. (3) after the sheriff has returned the tax warrant to the department;

   the sheriff commits a Class B misdemeanor and is personally liable for the part of the judgment not remitted to the department.

(m) A lien on real property described in subsection (e)(2) is void if both of the following occur:

1. (1) The person owing the tax provides written notice to the department to file an action to foreclose the lien.
2. (2) The department fails to file an action to foreclose the lien not later than one hundred eighty (180) days after receiving the notice.

(n) A person who gives notice under subsection (m) by registered or certified mail to the department may file an affidavit of service of the notice to file an action to foreclose the lien with the circuit court clerk in the county in which the warrant was filed. The affidavit must state the following:

1. (1) The facts of the notice.
2. (2) That more than one hundred eighty (180) days have passed since the notice was received by the department.
3. (3) That no action for foreclosure of the lien is pending.

4. (4) That no unsatisfied judgment has been rendered on the lien.

   If a taxpayer has tax warrants in multiple counties, the taxpayer must file a separate affidavit for each county. If a taxpayer fails to file an affidavit in each county in which a warrant is filed, the affidavit is effective only for property in the counties in which the taxpayer files the affidavit.

(p) The commissioner or the commissioner's designee may expunge a tax warrant if the taxpayer requests an expungement in the following circumstances:

1. (1) If the taxpayer has timely and fully filed and paid all of the taxpayer's state taxes, or has otherwise resolved any outstanding state tax issues, for the preceding five (5) years.
2. (2) If the tax warrant was issued more than ten (10) years prior to the expungement.
3. (3) If the tax warrant is not subject to pending litigation.
4. (4) If the tax warrant is for one (1) or more tax liabilities that have been resolved through the department.

(q) Taxpayers must complete the form prescribed by the department and submit any documentation that may support a request under subsection (p). The department will grant requests for tax warrant expungement if:

1. (1) the department determines the filing of the tax warrant was in error;
2. (2) the department determines the release of the judgment and expungement of the tax warrant are in the best interest of the state; or
3. (3) the department determines that the expungement facilitates the collection of outstanding tax liabilities owed by the taxpayer as provided in subsection (r).

(r) The release of a judgment and an expungement of a tax warrant are in the best interest of the state if the release and expungement facilitates the collection of outstanding liabilities owed by the taxpayer, including interest and penalties accrued to the date of payment, which is demonstrated if each of the following are true:

1. (1) The taxpayer has satisfied all the outstanding liabilities owed, including penalties and interest accrued to the date of payment, associated with the judgment and warrant.
2. (2) The taxpayer has filed the outstanding required returns for each listed tax associated with the judgment and warrant.
3. (3) The taxpayer is, at the time of making the determination, in compliance regarding the filing of any other individual, business, and informational returns, and current on payments associated with those returns.
4. (4) The judgment or warrant is not the subject of pending litigation.

(s) The department's determination that the release of a judgment and an expungement of a warrant are in the best interest of the state includes any of the following factors:

1. (1) The age and amount of the underlying tax liability.
2. (2) The taxpayer's history of compliance with respect to voluntarily paying taxes.
3. (3) Other tax warrants or outstanding liabilities of the taxpayer.
4. (4) Whether notice of the underlying liability was received by the taxpayer before the issuance of the tax warrant.
5. (5) The taxpayer's attempts, if any, to communicate with the department and resolve the liability before the issuance of the warrant.
6. (6) Whether delays in paying or posting tax payments associated with the underlying liability that caused the tax warrant are attributable to the fault or negligence of the taxpayer.
7. (7) If the taxpayer did not owe the underlying tax for which the warrant was issued.
8. (8) If the warrant was not issued under, or authorized by, statute.
9. (9) If the filing of the tax warrant was premature or otherwise not in compliance with the department's procedures.
10. (10) Other required tax filings are on file.

(u) Notwithstanding any other provision in this section, the commissioner may decline to release a judgment or expunge a warrant upon a finding that the warrant was issued based on the taxpayer's fraudulent, intentional, or reckless conduct.

As added by Acts 1980, P.L.61, SEC.1. Amended by P.L.332-1989(ss), SEC.29; P.L.71-1993, SEC.22; P.L.18-1994, SEC.42; P.L.129-2001, SEC.22; P.L.111-2006, SEC.6; P.L.172-2011, SEC.87; P.L.99-2011, SEC.1; P.L.6-2012, SEC.57; P.L.293-2013(ts), SEC.30; P.L.242-2015, SEC.38; P.L.181-2016, SEC.29; P.L.234-2019, SEC.34; P.L.128-2026, SEC.75.