Title 6, TITLE 6. TAXATION

Sec. 1. IC 6-3-1 through IC 6-3-7 shall be known and may be cited as the Adjusted Gross Income Tax Act of 1963. Formerly: Acts 1963(ss), c.32, s.101. As amended by P.L.2-1988, SEC.3.

Sec. 10. As used in this article, "corporation" includes all corporations, associations, real estate investment trusts (as defined in the Internal Revenue Code), joint stock companies, whether organized for profit or not-for-profit, any receiver, trustee or conservator thereof, b…

Sec. 11. (a) The term "Internal Revenue Code" means the Internal Revenue Code of 1986 of the United States as amended and in effect on January 1, 2023. (b) Whenever the Internal Revenue Code is mentioned in this article, or in another provision of the Indiana Code that cites the …

Sec. 12. The term "resident" includes (a) any individual who was domiciled in this state during the taxable year, or (b) any individual who maintains a permanent place of residence in this state and spends more than one hundred eighty-three (183) days of the taxable year within t…

Sec. 13. The term "nonresident" means any person who is not a resident of Indiana. Formerly: Acts 1963(ss), c.32, s.113.

Sec. 14. The term "person" means an individual, trust or estate: Provided, That no corporation shall be considered to be a person. Formerly: Acts 1963(ss), c.32, s.114.

Sec. 15. The term "taxpayer" means any person or any corporation subject to taxation under this article. Formerly: Acts 1963(ss), c.32, s.115. As amended by P.L.2-1988, SEC.5.

Sec. 16. The term "taxable year" with respect to any taxpayer means the taxable year of such taxpayer as shown on his return required to be filed or filed pursuant to the Internal Revenue Code. Where a taxpayer does not file a return pursuant to the Internal Revenue Code, his tax…

Formerly: Acts 1963(ss), c.32, s.117; Acts 1965, c.233, s.4; Acts 1967, c.345, s.3; Acts 1969, c.326, s.3; Acts 1971, P.L.64, SEC.3; Acts 1973, P.L.49, SEC.4; Acts 1975, P.L.60, SEC.2. As amended by Acts 1977, P.L.78, SEC.2; Acts 1978, P.L.44, SEC.2; Acts 1979, P.L.67, SEC.2; Act…

Formerly: Acts 1963(ss), c.32, s.118; Acts 1965, c.233, s.5. Repealed by P.L.1-1991, SEC.51.

Sec. 19. (a) The term "partnership" means an entity subject to the requirements of Subchapter K of the Internal Revenue Code. (b) The term "partner" means a member of a partnership. Formerly: Acts 1963(ss), c.32, s.119; Acts 1965, c.233, s.6. As amended by P.L.2-1988, SEC.6; P.L.…

As added by Acts 1981, P.L.77, SEC.7. Repealed by P.L.47-1984, SEC.7(a).

Sec. 2. Except where the context otherwise requires, the definitions given in this article govern the construction of this article. Formerly: Acts 1963(ss), c.32, s.102. As amended by P.L.2-1988, SEC.4.

Sec. 2.5. "Armed forces of the United States" has the meaning set forth in IC 5-9-4-3. As added by P.L.144-2007, SEC.1.

Sec. 2.7. "National Guard" has the meaning set forth in IC 5-9-4-4. As added by P.L.144-2007, SEC.2.

Sec. 20. The term "business income" means all income that is apportionable to the state under the Constitution of the United States. Formerly: Acts 1963(ss), c.32, s.120; Acts 1965, c.233, s.7. As amended by P.L.250-2015, SEC.13.

Sec. 21. The term "nonbusiness income" means all income other than business income. Formerly: Acts 1963(ss), c.32, s.121; Acts 1965, c.233, s.8.

Sec. 22. The term "commercial domicile" means the principal place from which the trade or business of the taxpayer is directed or managed. Formerly: Acts 1963(ss), c.32, s.122; Acts 1965, c.233, s.9.

Sec. 23. The term "compensation" means wages, salaries, commissions and any other form of remuneration paid to employees for personal services. Formerly: Acts 1963(ss), c.32, s.123; Acts 1965, c.233, s.10.

Sec. 24. The term "sales" means: (1) in the case of the maturity, redemption, sale, exchange, loan, or other disposition of stocks, bonds, notes, options, forward contracts, future contracts, and similar instruments or securities, the net gain from the sale or exchange of such co…

Sec. 25. The term "state" means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country or political subdivision thereof. Formerly: Acts 1963(ss), c.32, s.125; Acts 1965, …

Sec. 26. "Foreign corporation" means a foreign corporation as defined in Section 7701 of the Internal Revenue Code. As added by P.L.75-1985, SEC.1.

Sec. 27. "United States", when used in a geographical sense, means the United States as defined in Section 7701 of the Internal Revenue Code. As added by P.L.75-1985, SEC.2.

Sec. 28. "Combined income tax return" means any income tax return on which one (1) or more taxpayers report income, deductions, and credits on a combined basis with one (1) or more other entities. As added by P.L.75-1985, SEC.3.

Sec. 29. As used in this chapter, "eligible individual" means: (1) a person who was systematically persecuted for racial or religious reasons by Nazi Germany or any other Axis regime; or (2) an heir of a person described in subdivision (1). As added by P.L.128-1999, SEC.2.…

Formerly: Acts 1963(ss), c.32, s.103; Acts 1965, c.233, s.1; Acts 1969, c.326, s.1. Repealed by Acts 1980, P.L.54, SEC.9.

Formerly: Acts 1973, P.L.50, SEC.9. Repealed by Acts 1979, P.L.70, SEC.2.

Note: This version of section amended by P.L.201-2023, SEC.94, effective 1-1-2023. See also preceding versions of this section amended by P.L.236-2023, SEC.63, effective 1-1-2022, and amended by P.L.194-2023, SEC.7, effective 1-1-2023, and following version of this section amende…

Sec. 30. As used in this chapter, "Holocaust victim's settlement payment" means a payment received: (1) as a result of the settlement of the action entitled "In re Holocaust Victims' Asset Litigation", (E.D. NY) C.A. No. 96-4849; (2) under the German Act Regulating Unresolved Pro…

Sec. 31. As used in this article, "victim of the September 11 terrorist attack" means an individual who: (1) died from the crash (including those on the airplane and those on the ground) of any of the four (4) commercial jet airplanes that were hijacked in the United States on Se…

Sec. 33. As used in this article, "bonus depreciation" means an amount equal to that part of any depreciation allowance allowed in computing the taxpayer's federal adjusted gross income or federal taxable income that is attributable to the additional first-year special depreciati…

Sec. 34. "Qualified military income" means the following: (1) Wages that are paid to a member of a reserve component of the armed forces of the United States or the National Guard for the member's service in the reserve component or National Guard. (2) For a member of an active c…

Sec. 34.5. (a) Except as provided in subsection (b), "captive real estate investment trust" means a corporation, a trust, or an association: (1) that is considered a real estate investment trust for the taxable year under Section 856 of the Internal Revenue Code; (2) that is not …

Sec. 35. As used in this article, "pass through entity" means: (1) a corporation that is exempt from the adjusted gross income tax under IC 6-3-2-2.8(2); (2) a partnership; (3) a trust; (4) an estate; (5) a limited liability company; or (6) a limited liability partnership. As add…

Sec. 36. As used in this article, "eligible community foundation" means an organization that: (1) is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; (2) satisfies the public support test of Section 170(b)(1)(A)(vi) of the Internal Revenue…

Sec. 37. The term "telecommunication services" has the meaning set forth in IC 6-2.5-1-27.5, except that telecommunication services also includes those items described in the following: (1) IC 6-2.5-1-27.5(c)(1) associated with telecommunications services. (2) IC 6-2.5-1-27.5(c)(…

Sec. 38. The term "broadcast services" means the transmission, conveyance, and routing of video broadcasts, regardless of the medium, including the furnishing of transmission, conveyance, and routing of the services by a television broadcast network, a cable program network, or a…

Sec. 39. (a) The term "preliminary federal net operating loss" means: (1) in the case of a taxpayer that has a federal net operating loss for a taxable year, the taxpayer's federal net operating loss under Section 172 of the Internal Revenue Code; and (2) in the case of a taxpaye…

Sec. 4. The term "department" means the Indiana department of state revenue. Formerly: Acts 1963(ss), c.32, s.104.

Sec. 40. (a) The term "separately stated net operating loss" means a federal net operating loss, or a portion of a federal net operating loss, determined according to the Internal Revenue Code that is: (1) computed as an allowable federal net operating loss with regard to a taxab…

Sec. 5. The term "employer" means "employer" as defined in section 3401(d) of the Internal Revenue Code. Formerly: Acts 1963(ss), c.32, s.105.

Sec. 6. The term "employee" means "employee" as defined in section 3401(c) of the Internal Revenue Code. Formerly: Acts 1963(ss), c.32, s.106.

Sec. 7. "Fiduciary" means any guardian, trustee, executor, administrator, receiver, conservator, or any person, whether individual or corporate, acting in any fiduciary capacity for any individual, trust, guardian, or estate. Formerly: Acts 1963(ss), c.32, s.107. As amended by P.…

Sec. 8. The term "gross income" shall mean gross income as defined by section 61(a) of the Internal Revenue Code. Formerly: Acts 1963(ss), c.32, s.108.

Sec. 9. The term "individual" means a natural person, whether married or unmarried, adult or minor. Formerly: Acts 1963(ss), c.32, s.109.

30, 2002; conditions Sec. 0.3. Notwithstanding section 14 of this chapter, revenue stamps paid for before July 1, 2002, and in the possession of a distributor may be used after June 30, 2002, only if the full amount of the tax imposed by section 12 of this chapter, as effective a…

30, 2007; conditions Sec. 0.4. Notwithstanding section 14 of this chapter, revenue stamps paid for before July 1, 2007, and in the possession of a distributor may be used after June 30, 2007, only if the full amount of the tax imposed by section 12 of this chapter, as effective a…

Sec. 1. It is the intent and purpose of this chapter to levy a tax on all cigarettes sold, used, consumed, handled, or distributed within this state, and to collect the tax from the person who first sells, uses, consumes, handles, or distributes the cigarettes. It is further the …

Sec. 10. Unless the context requires otherwise, "counterfeit stamp" shall mean any stamp, label, print, indicium, or character which evidences, or purports to evidence the payment of any tax levied by this chapter, and which stamp, label, print, indicium, or character has not bee…

Sec. 11. Unless the context hereof requires otherwise, "drop shipment" shall mean any shipment billed to one other than the person receiving such shipment. Formerly: Acts 1947, c.222, s.10 1/2.