Title 6, TAXATION

Sec. 12. "Nonresident taxpayer" means a taxpayer that: (1) is transacting business within Indiana, as provided in IC 6-5.5-3; and (2) has its commercial domicile outside Indiana. As added by P.L.347-1989(ss), SEC.1. Amended by P.L.68-1991, SEC.2.

Sec. 13. "Resident taxpayer" means a taxpayer that: (1) is transacting business within Indiana, as provided in IC 6-5.5-3; and (2) has its commercial domicile in Indiana. As added by P.L.347-1989(ss), SEC.1.

Sec. 14. "Subsidiary" means: (1) a corporation fifty percent (50%) or more of whose voting stock; or (2) an entity other than a corporation that is taxed as a corporation under the Internal Revenue Code and fifty percent (50%) of whose net worth; is owned by another legal entity.…

Sec. 15. "Taxable year", with respect to a taxpayer, means the taxable year of the taxpayer as shown on the taxpayer's return required to be filed under the Internal Revenue Code. If a taxpayer does not file a return under the Internal Revenue Code, the taxpayer's taxable year is…

Sec. 16. "Taxing jurisdiction" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. As added by P.L.347-1989(ss), SEC.1.

Sec. 17. (a) "Taxpayer" means a corporation that is transacting the business of a financial institution in Indiana, including any of the following: (1) A holding company. (2) A regulated financial corporation. (3) A subsidiary of a holding company or regulated financial corporati…

Sec. 18. (a) "Unitary business" means business activities or operations that are of mutual benefit, dependent upon, or contributory to one another, individually or as a group, in transacting the business of a financial institution. The term may be applied within a single legal en…

Sec. 19. "Partnership" has the meaning set forth in IC 6-3-1-19. As added by P.L.21-1990, SEC.20. Amended by P.L.159-2021, SEC.27.

Sec. 2. (a) Except as provided in subsections (b) through (d), "adjusted gross income" means taxable income as defined in Section 63 of the Internal Revenue Code, adjusted as follows: (1) Add the following amounts: (A) An amount equal to a deduction allowed or allowable under Sec…

Sec. 20. 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 taxable income that is attributable to the additional first-year special depreciation allowance (bonus depreciation)…

Sec. 21. (a) "Loans arising in factoring" means: (1) a loan or extension of credit secured by one (1) or more accounts receivable; or (2) a sale of one (1) or more accounts receivable in which the purchaser has recourse against the seller for an uncollected accounts receivable. (…

Sec. 3. "Business of a financial institution" has the meaning set forth in section 17(d) of this chapter. As added by P.L.347-1989(ss), SEC.1.

Sec. 4. "Commercial domicile" means: (1) for a regulated financial corporation: (A) the taxing jurisdiction under the laws of which it is organized; or (B) if it is organized under the laws of the United States, the place designated as its principal office with the regulatory aut…

Sec. 5. "Compensation" means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. As added by P.L.347-1989(ss), SEC.1.

Sec. 6. "Corporation" means an entity that is: (1) a corporation (as defined in Internal Revenue Code Section 7701(a)(3)) for federal income tax purposes, including an entity taxed as a corporation under the Internal Revenue Code; and (2) organized under the laws of the United St…

Sec. 7. "Department" refers to the department of state revenue. As added by P.L.347-1989(ss), SEC.1.

Sec. 8. "Employee" has the same meaning as it has for purposes of federal income tax withholding under Sections 3401 through 3404 of the Internal Revenue Code. As added by P.L.347-1989(ss), SEC.1.

Sec. 9. "Foreign bank" means an entity organized under the laws of a foreign country, a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands that engages in the business of a financial institution or a subsidiary or affiliate organized under th…

Sec. 1. "Listed taxes" or "taxes" includes only the pari-mutuel taxes (IC 4-31-9-3 through IC 4-31-9-5); the supplemental wagering tax (IC 4-33-12); the riverboat wagering tax (IC 4-33-13); the slot machine wagering tax (IC 4-35-8); the type II gambling game excise tax (IC 4-36-9…

Sec. 1.5. Except as provided in section 3 of this chapter, "commissioner" refers to the commissioner of the department. As added by P.L.332-1989(ss), SEC.17.

Sec. 11. (a) Except as provided in 6-8.1-18, "responsible person" means a person that: (1) is an individual conducting business as a sole proprietor or an employee, contractor, officer, or member of an applicable business entity; and (2) has a duty to remit listed taxes held in t…

Sec. 2. "Department" means the Indiana department of state revenue. As added by Acts 1980, P.L.61, SEC.1.

Sec. 3. "Person" includes an individual, assignee, receiver, commissioner, fiduciary, trustee, executor, administrator, institution, national bank, bank, consignee, firm, partnership, joint venture, pool, syndicate, bureau, association, cooperative association, society, club, fra…

Sec. 4. "Due date" means the last date on which a particular act, such as filing a return or making a payment, may be performed and still be on time. If an extension of time is allowed for performing a particular act, the "due date" is the last day of the extension period. As add…

Sec. 4.5. "Periodic tax" means a listed tax for which a return or report is required to be filed and the tax is required to be remitted four (4) times or more in a calendar year. The term does not include: (1) an estimated tax payment under IC 6-3-2.1-6, IC 6-3-4-4.1, IC 6-3-4-4.…

Sec. 4.7. "Taxes held in trust" means a listed tax: (1) that is collected or received by a taxpayer from the taxpayer's customer; (2) withheld by the taxpayer for amounts paid or credited to an individual or other entity pursuant to IC 6-3 or IC 6-5.5; or (3) held in trust or as …

Sec. 5.5. "Taxpayer" means a person liable for the payment of taxes. As added by P.L.332-1989(ss), SEC.18.

Sec. 6. The provisions of this article apply for the purposes of imposing, collecting, and administering the listed taxes. However, if a provision of this article conflicts with a provision of the law relating to any of the listed taxes, the provision of the law relating to the l…

Sec. 7. The definitions in this chapter apply throughout this article. As added by P.L.332-1989(ss), SEC.19.

Sec. 8. (a) This chapter and IC 6-8.1-2 through IC 6-8.1-10-1 (except IC 6-8.1-5-2) apply after December 31, 1980, regardless of when the tax liability arose. If the tax liability was assessed before January 1, 1981, the rights and duties of the taxpayer and the state are determi…

Sec. 9. (a) If any due date or date required for a particular act by the taxpayer or the department falls on Saturday, Sunday, a national legal holiday recognized by the federal government, or a statewide holiday, the act by the taxpayer or the department that must be performed b…

Sec. 0.3. It is the intent of the general assembly that the addition of section 2.3 of this chapter by P.L.70-1993 be construed liberally in favor of persons, corporations, partnerships, or other entities contracting with commercial printers. As added by P.L.220-2011, SEC.138.

Sec. 1. (a) As used in this section, "state fiscal year" means the annual period commencing July 1 of a given year and ending June 30 of the following year. (b) Each taxable year, a tax at the following rate of adjusted gross income is imposed upon the adjusted gross income of ev…

Sec. 1.7. (a) For purposes of this section: (1) "Distributor" means a person or entity located in this state that purchases tangible personal property from an eligible corporation for purposes of resale. For purposes of this section, a distributor is not a person or entity that h…

Sec. 1.9. (a) This section applies only to a taxable year ending after June 30, 2021, and beginning before January 1, 2023. (b) For purposes of determining a net operating loss deduction under IC 6-3-2-2.5 or IC 6-3-2-2.6, the term "federal taxable income" means: (1) in the case …

Sec. 10. (a) For purposes of this section, "excess adjusted gross income" means the greater of zero (0) or one-half (1/2) of: (1) the individual's adjusted gross income or the combined adjusted gross income of the individual and the individual's spouse, if the individual files a …

Sec. 11. (a) An individual is entitled to a deduction from the individual's adjusted gross income for the taxable year if the individual: (1) is an employee of the federal government during the taxable year and the year preceding the taxable year; (2) has used paid leave from emp…

Sec. 12. (a) As used in this section, the term "foreign source dividend" means a dividend from a foreign corporation. The term: (1) includes any amount that a taxpayer is required to include in its gross income for a taxable year under Sections 951 and 951A of the Internal Revenu…

Sec. 14.1. Notwithstanding IC 6-3-4-8.2, a payment made after June 30, 2002, on prize money received from a winning lottery ticket purchased under IC 4-30 for a lottery held before July 1, 2002, is exempt from the adjusted gross income tax and supplemental net income tax (repeale…

Sec. 16. If an entity is subject to taxation under this article and is a member of a unitary group of which a taxpayer subject to taxation under IC 6-5.5 is a member, all income and deductions attributable to transactions between the entity and the unitary taxpayer shall be elimi…

Sec. 18. (a) As used in this section, "eligible medical expense" has the meaning set forth in IC 6-8-11-3. (b) As used in this section, "medical care savings account" has the meaning set forth in IC 6-8-11-6. (c) This subsection applies only to money deposited by an employer in a…

Sec. 19. (a) As used in this section, "account beneficiary" has the meaning set forth in IC 21-9-2-3. (b) As used in this section, "account owner" has the meaning set forth in IC 21-9-2-4. (c) As used in this section, "individual account" has the meaning set forth in IC 21-9-2-2.…

Sec. 2. (a) With regard to corporations and nonresident persons, "adjusted gross income derived from sources within Indiana", for the purposes of this article, shall mean and include: (1) income from real or tangible personal property located in this state; (2) income from doing …

Sec. 2.2. (a) Interest income and other receipts from assets in the nature of loans or installment sales contracts that are primarily secured by or deal with real or tangible personal property are attributable to this state if the security or sale property is located in Indiana. …

Sec. 2.3. Notwithstanding any other provision of this article, with respect to a person, corporation, or partnership that has contracted with a commercial printer for printing: (1) the ownership or leasing by that entity of tangible or intangible property located at the Indiana p…