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Whiteland council refuses waiver, limits Axis Group tax abatement after late filings
Summary
Council rejected a requested waiver of a late compliance filing by Axis Group and, instead of terminating the project’s abatement entirely, affirmed a finding of non‑substantial compliance while allowing the abatements to continue for remaining years (adopting alternate B). The decision follows Axis representatives’ apology for repeated late CF‑1 filings.
Whiteland Town Council on July 14 rejected a request by Axis Group to waive a late compliance filing and then adopted a separate resolution that found the taxpayer not in substantial compliance but allowed remaining tax abatement years to continue under adjusted terms.
Town attorney Watson laid out two linked items: Resolution 2026‑04, a request to waive a late annual CF‑1 abatement filing, and Resolution 2026‑05, a proceeding to determine whether Axis Group remained in substantial compliance with its abatement requirements. Watson told the council that rejecting the waiver would strip only the next year’s abatement, while affirming noncompliance could terminate the remaining six or seven years of abatement.
Kevin Kisic, who said he represents Axis Group, apologized and explained the company’s three missed filings as administrative errors: a misdirected mailing the first year, a mistaken assumption of a grace period by their accountant the second year and a staff oversight the most recent year. “It won’t happen again,” Kisic said, adding the company had placed reminders on its calendar and would prioritize the CF‑1 submission in future years.
Multiple council members expressed concern about precedent and enforcement. “We can’t just keep giving in,” one council member said, arguing for a penalty to signal that the deadline is enforceable. Others said they sympathized with the company but felt consequences were necessary after repeated misses.
After discussion, Councilmember Richard Hill moved to reject Resolution 2026‑04 (the waiver) and adopt Resolution 2026‑05 selecting Alternate B (finding Axis not in substantial compliance but allowing the abatement to continue for remaining years). The motion was seconded and passed on a 4‑0 roll call vote. The council directed legal staff to notify the county of the denial of the waiver.
The council’s action preserves most of Axis Group’s remaining abatement schedule while removing the immediate one‑year benefit; it also establishes a local precedent the council said will apply to future taxpayers who miss required CF‑1 filings.
The council minutes indicate staff will follow through with notification and with any required administrative steps; no further immediate penalties were levied beyond the lost single year in abatement.
