Title 6, TITLE 6. TAXATION
297 chapters · 4,481 sections in this title.
Ind. Code § 6-3-4.5-1 Definitions
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Note: This version of section amended by P.L.201-2023, SEC.97, effective 1-1-2024. See also preceding version of this section amended by P.L.1-2023, SEC.11, effective 1-1-2022. Sec. 1. The following definitions apply throughout this chapter: (1) "Adjustment year" means the partne…
Ind. Code § 6-3-4.5-10 Reporting and payment requirements; tiered partners; rules
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Sec. 10. (a) The direct and indirect partners of an audited partnership that are tiered partners, and all of the partners, owners, and beneficiaries of those tiered partners that are subject to tax under IC 6-3 or IC 6-5.5, are subject to the reporting and payment requirements of…
Ind. Code § 6-3-4.5-11 Procedures; alternative reporting and payment method;
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application; timing Sec. 11. Under procedures adopted by and subject to the approval of the department, an audited partnership or tiered partner may enter into an agreement with the department to utilize an alternative reporting and payment method, including applicable time requi…
Ind. Code § 6-3-4.5-12 Irrevocable election; no deduction or credit; other state or
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local tax jurisdictions Sec. 12. (a) The election made pursuant to section 9(c) of this chapter is irrevocable unless the department, in its discretion, determines otherwise. (b) If properly reported and paid by the audited partnership or tiered partner, the amount determined und…
Ind. Code § 6-3-4.5-13 Designation of a state partnership representative;
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qualifications Sec. 13. If the department conducts an audit or investigation under this chapter, or the partnership receives federal adjustments covered under sections 9 through 12 of this chapter, the partnership shall be required to designate a state partnership representative …
Ind. Code § 6-3-4.5-14 Changes to a report of final partnership adjustments; timing
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Sec. 14. For purposes of this chapter and IC 6-8.1-5-2, an assessment may not be issued against a direct or indirect partner or partnership with regard to changes related to a report of final partnership adjustments if the report of proposed partnership adjustments is issued by t…
Ind. Code § 6-3-4.5-15 Reports; proposed assessment; timing; protest; appeal
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Sec. 15. (a) If the department receives the partner level adjustments report, amended statement, or similar report required to be provided under section 6 of this chapter and the department determines that a taxpayer has not reported the correct amount of tax to the department fo…
Ind. Code § 6-3-4.5-16 Incorrect reporting of tax attributes; proposed assessment;
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refund; reporting considered conclusive for protest or appeal Sec. 16. (a) If the department determines that the partnership correctly reported and allocated tax attributes to its partners on a return or an amended return, but that the taxpayer reported the tax attributes from th…
Ind. Code § 6-3-4.5-17 Inconsistent reporting of tax attribute; disclosure; proposed
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assessment; timing; reporting considered conclusive for protest or appeal Sec. 17. (a) If the department determines that a taxpayer reported a tax attribute in an inconsistent manner with the partnership's reporting of the tax attribute and the taxpayer does not disclose the inco…
Ind. Code § 6-3-4.5-18 Reporting requirements; liability for tax; proposed assessment
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timing; reduction of the tax attributable to direct or indirect partner; duty to issue report Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024. Sec. 18. (a) If a partnership or tiered partner is required to iss…
Ind. Code § 6-3-4.5-19 Remitting payment on behalf of a partner; claim for refund
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Sec. 19. If a partnership or tiered partner remits a payment on behalf of a partner, shareholder, or beneficiary as a result of this chapter, the partner, shareholder, or beneficiary may file a claim for refund with regard to any overpayment remitted on its behalf not later than …
Ind. Code § 6-3-4.5-2 Amended return; pass through entity; adjustment for a review
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year; state adjustment; partnerships and tiered partners; numerical tier Sec. 2. The following apply for purposes of this chapter: (1) If a taxpayer has not filed a return under IC 6-3 or IC 6-5.5 for a taxable year, review year, or adjustment year, any reference to an amended re…
Ind. Code § 6-3-4.5-20 Partnership with more than 10,000 direct owners; extension of
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time; written agreement; automatic extension; rules Sec. 20. (a) Notwithstanding any other provision of this chapter or IC 6-8.1, if, before the end of the time period within which the department may take an action under this chapter: (1) in the case of a partnership or tiered pa…
Ind. Code § 6-3-4.5-3 Department audit or investigation; tax attribute; report of
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proposed partnership adjustments Sec. 3. (a) If the department conducts an audit or investigation of a partnership, and the department determines that the partnership: (1) did not correctly report any tax attribute for a taxable year; or (2) did not correctly allocate any tax att…
Ind. Code § 6-3-4.5-3.5 Underreporting of tax due by partner in partnership
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Sec. 3.5. If a partnership is assessed tax due pursuant to IC 6-3-2.1, IC 6-3-4-12, IC 6-5.5-2-8, or this chapter as a result of underreporting the tax due for one (1) or more partners, the provisions of this chapter for timeliness of assessments, reporting, and rights to appeal …
Ind. Code § 6-3-4.5-4 Partnership's right to protest and appeal
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Sec. 4. If the department issues a report of proposed partnership adjustments to a partnership for a taxable year, the partnership shall be considered to be the taxpayer for purposes of IC 6-8.1-5, including all rights to protest and appeal the report of proposed partnership adju…
Ind. Code § 6-3-4.5-5 Report of partnership adjustments; timing; protest; appeal;
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settlement agreement Sec. 5. (a) For purposes of this chapter, a report of proposed partnership adjustments for a taxable year is considered a report of final partnership adjustments upon the latest of: (1) the last day a protest of the report of proposed partnership adjustments …
Ind. Code § 6-3-4.5-6 Partnership duties; partner level adjustments report;
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remittance; tiered partner duties; amended return; election Sec. 6. (a) Once a report of partnership adjustments is considered final, the partnership shall, not later than the applicable deadline: (1) supply to its direct partners and the department a partner level adjustments re…
Ind. Code § 6-3-4.5-7 Partner level adjustments report; assessment; adjustments to
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tax attributes Sec. 7. (a) If the department receives the partner level adjustments report or statement required to be provided under section 6 of this chapter and the department determines that a taxpayer has not reported the correct amount of tax to the department, the departme…
Ind. Code § 6-3-4.5-8 Filing of amended partnership return; remittance; tiered
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partners; direct or indirect partners; payment of tax; tax attributes Sec. 8. (a) If a partnership: (1) determines that it did not correctly report any tax attribute for a taxable year; (2) determines that it did not correctly allocate any tax attribute for a taxable year; or (3)…
Ind. Code § 6-3-4.5-9 Partnership level audit; final federal adjustments; election by
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an audited partnership; consent to Indiana law Note: This version of section amended by P.L.201-2023, SEC.98, effective 1-1-2024. See also preceding version of this section amended by P.L.1-2023, SEC.16, effective 1-1-2022. Sec. 9. (a) Partnerships and partners shall report final…