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Post by jbird on Nov 1, 2018 11:31:37 GMT -5
What is the limitation on the land owner exemption? My oldest son lives at home (my home). He is 20+ in age and is NOT considered a dependent for tax purposes and is not a student. His legal address is my home. As long as he hunts my property (we live on the property and it is clearly ag ground) is he exempt from needing a deer license? Is there a limitation on age or other "status" that he needs to be concerned about regarding losing that exemption?
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Post by morrison on Nov 6, 2018 13:44:54 GMT -5
The exemption applies to the landowner of farmland as well as the spouse and children living with the landowner.
I have posted the Indiana Code pertaining to this question below.
IC 14-22-11-1"Farmland"; license requirements and conditions; public use airport manager reporting requirements
Sec. 1. (a) As used in this section, "farmland" means agricultural land that is:
(1) devoted or best adaptable for the production of crops, fruits, timber, and the raising of livestock; or
(2) assessed as agricultural land for property tax purposes.
(b) An individual may not take or chase, with or without dogs, a wild animal without having a license, except as follows:
(1) An individual who is a resident or nonresident of Indiana while participating in a field trial that has been sanctioned by the director is not required to possess a license while participating in the trial.
(2) Subject to subsection (d), an owner of farmland located in Indiana who is a resident or nonresident of Indiana and the spouse and children living with the owner may hunt, fish, and trap without a license on the land that the owner owns.
(3) A lessee of farmland who farms that land and is a resident of Indiana and the spouse and children living with the lessee may hunt, fish, and trap without a license on the leased land. This subdivision does not apply to land that is:
(A) owned, leased, or controlled by; and
(B) leased from;
the department.
(4) An individual who:
(A) is less than thirteen (13) years of age;
(B) does not possess a bow or firearm; and
(C) is accompanying an individual who:
(i) is at least eighteen (18) years of age; and
(ii) holds a valid license;
may chase a wild animal without having a license.
(5) The manager of a public use airport (as defined by 49 U.S.C. 47102(22)), or the manager's designee, may chase or take at any time, without a license, a:
(A) white-tailed deer, except by trapping;
(B) coyote;
(C) wild turkey, except by trapping; or
(D) migratory bird;
that poses a threat to aircraft within the airport operations area.
(c) The exceptions provided in this section do not apply to a commercial license issued under this article.
(d) The right of a nonresident who owns farmland in Indiana (and of the spouse and children who reside with the nonresident) to hunt, fish, and trap on the farmland without a license under subsection (b)(2) is subject to the following conditions:
(1) The nonresident may hunt, fish, and trap on the farmland without a license only if the state in which the nonresident resides allows residents of Indiana who own land in that state to hunt, fish, and trap on their land without a license.
(2) While hunting, fishing, or trapping on the farmland, the nonresident must keep proof that the nonresident owns the farmland (for example, a tax receipt identifying the nonresident as owner) in a place where the proof is readily accessible by the nonresident.
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