Indiana Sales Disclosure Form: Requirements and Compliance Guide

When real estate changes hands in Indiana, a deed may need more than signatures and notarization before it can be recorded. The Indiana Sales Disclosure Form documents information about a property transfer for county and state assessment purposes. Knowing when the form is required, what details to report, and how exemptions work can help buyers, sellers, and real estate professionals avoid preventable delays. Requirements depend on the transaction and applicable law, so parties should confirm filing steps with the county auditor handling the property.

What Is the Indiana Sales Disclosure Form?

The Indiana Sales Disclosure Form (SDF) is a state form used to report information about certain transfers of real property. It gives local assessing officials information about the property and the terms of a transfer, which can help them analyze sales and maintain property assessment records.

The form is generally known as Indiana State Form 46021. The Indiana Department of Local Government Finance (DLGF) provides the official form and related guidance. Counties may offer electronic filing or additional local instructions, so filers should check with the county auditor before submitting paperwork.

A Sales Disclosure Form is not the deed itself, a property tax bill, or a guarantee that a property’s assessed value will change. It is a separate disclosure document associated with the conveyance and recording process. The deed transfers or documents an interest in property; the SDF supplies transaction information required under Indiana law when the filing rules apply.

When Is an Indiana Sales Disclosure Form Required?

Indiana law generally requires a Sales Disclosure Form for a conveyance of real property unless the transaction qualifies for a statutory exemption. The rules are set out in Indiana Code Chapter 6-1.1-5.5. Because the law distinguishes among transaction types, a transfer should not be treated as exempt simply because it involves no conventional cash sale.

For a required filing, the SDF is generally submitted to the county auditor before the deed or other covered instrument is recorded. The auditor reviews the filing and completes the applicable certification process. The recorder typically cannot record a covered conveyance unless the required disclosure documentation or a valid exemption is presented.

Common situations that may call for a form include an arm’s-length sale, a transfer for consideration, and certain transfers that are not standard open-market sales. Depending on the facts and statutory provisions, a form may also be needed when the parties report little or no consideration. The key question is whether the conveyance falls within a legal exemption—not merely whether money changed hands.

For a transaction involving multiple parcels, partial interests, business entities, a trust, or a combination of real and personal property, the correct filing approach may be less obvious. The county auditor can explain its process, but parties should consult an Indiana real estate attorney or tax professional when the legal classification is uncertain.

What Information Does the Form Request?

The SDF collects information that helps identify the property and describe the transfer. The current state form and county procedures control the exact fields. Filers should use the latest version available through the Indiana DLGF or county auditor rather than relying on an old saved copy.

Depending on the transaction, the form may request details such as:

• Property identification: street address, parcel number, legal description, and county.
• Party information: names and addresses of the grantor and grantee, or other transfer parties.
• Transfer details: the date of transfer, deed or instrument information, and the type of conveyance.
• Consideration and terms: sale price or other value information and relevant financing or transaction details.
• Property characteristics: details about improvements, use, or other requested features.
• Exemption information: the applicable exemption basis and supporting information when the filer claims an exemption.

Figures should reflect the transaction accurately. A sale price is not necessarily the same as the amount of cash a buyer brings to closing. For example, assumed debt or other consideration may matter under the form’s instructions. Filers should follow the current form guidance and ask the auditor how to report unusual terms rather than guessing or entering a figure that omits part of the transaction.

Indiana Sales Disclosure Form Exemptions

Indiana Code identifies conveyances that may be exempt from the standard Sales Disclosure Form requirement. The precise exemption depends on the transfer’s legal structure and circumstances. Some categories can include specified transfers between related parties, certain transfers involving trusts or business entities, and particular transfers made without consideration. These examples are not a complete list, and similar-sounding transactions may receive different treatment under the statute.

An exemption is not an informal choice. The parties should identify the applicable statutory basis and follow county instructions for documenting it. In some cases, the county may require an exemption claim or other information so the auditor and recorder can process the instrument. A deed’s wording alone may not establish that the exemption applies.

Before claiming an exemption, parties should consider:

• Whether the transaction matches the specific language of an exemption in Indiana Code.
• Whether the transfer includes consideration, debt assumption, or a change in beneficial ownership.
• Whether the recipient is a related person, trust, or entity as defined by the applicable rule.
• Whether the county requires a form, exemption statement, or supporting document.

When a transaction is not clearly covered, obtaining legal advice before closing or recording is safer than assuming no filing is needed. Incorrectly claiming an exemption can create processing problems and may require corrected documents.

How to File the Indiana Sales Disclosure Form

1. Confirm the county and filing method. Contact the county auditor where the property is located. Ask whether the county accepts electronic submissions, paper forms, or filings through a closing or title system.
2. Get the current form. Download State Form 46021 from the DLGF or obtain the version specified by the county. Review the instructions before completing it.
3. Gather transaction records. Use the deed, purchase agreement, closing statement, parcel information, and other relevant records to verify names, dates, price, and property details.
4. Complete the form carefully. Answer applicable questions consistently with the transaction documents. If an exemption is claimed, identify the basis requested by the form and county.
5. Submit it to the county auditor. Follow local requirements for signatures, attachments, payment, and electronic submission. Allow time for review before the planned recording date.
6. Confirm auditor certification and recording readiness. Check that the auditor has processed the disclosure or exemption documentation and that the deed can proceed to the county recorder.
7. Keep copies. Retain the submitted form, confirmation, deed, and supporting records with the closing file.

In a typical closing, the title company, attorney, or closing agent may prepare or transmit the disclosure. That assistance does not remove the need for accurate information. Buyers and sellers should review the details they can verify and promptly raise discrepancies.

Fees, Timing, and Common Filing Problems

Indiana law provides for a Sales Disclosure Form fee, commonly listed as $20. Fee treatment can depend on the transaction and the applicable statutory provisions, and counties may provide instructions on payment and collection. Filers should verify the amount and any exemption from payment with the county auditor rather than relying on an outdated estimate.

There is no universal closing-day shortcut that replaces county processing. A late or incomplete form can hold up auditor certification and, in turn, delay deed recording. Local turnaround times vary, especially during busy periods or when a filing needs correction. Submitting the completed materials early helps reduce that risk.

Frequent problems include an incorrect parcel number, inconsistent names, missing signatures, an incomplete legal description, a sale amount that conflicts with closing documents, and an exemption claim without enough information. Another common issue is using a prior version of the form or sending it to the recorder before completing the auditor step.

If the auditor identifies an error, ask exactly what must be corrected and whether a revised form or additional documentation is required. Do not change transaction figures simply to make the form appear consistent; resolve the underlying discrepancy with the closing agent or legal adviser.

How the Form Relates to Property Taxes and Assessments

Sales disclosure information supports property assessment work, but filing an SDF does not automatically set a property’s assessed value at its sale price. Indiana assessments are governed by state law and assessment rules, and officials consider relevant sales evidence alongside other information. A particular sale may be less useful as a measure of market value if it was not representative of an arm’s-length transaction.

Property owners who believe an assessment is inaccurate generally must use the separate assessment review or appeal process. The SDF is not an appeal form and does not replace required appeal deadlines. Owners should review the assessment notice and contact the county assessor or a qualified adviser for guidance on the appropriate procedure.

Likewise, submitting a Sales Disclosure Form does not itself establish the buyer’s tax basis, resolve title issues, or determine transfer-tax treatment in every context. Those questions may involve other documents and legal rules.

Practical Compliance Checklist

Official Resources and When to Get Advice

The most reliable starting points are the current DLGF form and instructions, the county auditor’s filing guidance, and the statute itself. The DLGF website is available at in.gov/dlgf, while Indiana Code Chapter 6-1.1-5.5 contains the state’s Sales Disclosure Form provisions. County websites can provide office contact details, accepted filing methods, and local process updates.

Professional guidance is especially useful when a transfer involves a gift, inheritance, trust, entity restructuring, divorce, partial ownership, assumed debt, or a claim that no consideration was paid. A county auditor can explain administrative requirements, but questions about whether a statutory exemption legally applies may require an Indiana attorney. Checking the rules before recording is usually simpler than correcting a rejected or incomplete filing later.