Title 6, TITLE 6. TAXATION

liabilities; bonds and leases Sec. 6. A pledge of a tax described in section 3 of this chapter for the payment of bonds, leases, or other expenditures shall be treated as a pledge of the related tax under this article for the same purpose. Notwithstanding the repeal of IC 6-3.5-1…

Sec. 7. A period that began with respect to a tax described in section 3 of this chapter and limits the period in which the tax may be imposed continues under this article from the starting date and time of the original action under the laws described in section 3 of this chapter…

payable from tax Sec. 8. A period that began with respect to the issuance of bonds or leases payable from a tax described in section 3 of this chapter and limits the period in which the bonds or leases may be in effect continues under this article from the starting date and time …

Sec. 9. Before August 2, 2016, the budget agency, with the assistance of the department of local government finance, shall certify to each county the income tax rates under this article, by tax rate category, as categorized by the office of management and budget under this chapte…

Sec. 0.5. This chapter does not apply to a property interest transferred by a decedent whose death occurs after December 31, 2012. As added by P.L.157-2012, SEC.1. Amended by P.L.205-2013, SEC.99.

dying before January 1, 2013 Sec. 0.7. The repeal of: (1) IC 6-4.1-2; (2) IC 6-4.1-3; (3) IC 6-4.1-4-0.1; (4) IC 6-4.1-5-2, IC 6-4.1-5-3, IC 6-4.1-5-4, IC 6-4.1-5-5, IC 6-4.1-5-6, and IC 6-4.1-5-9; (5) IC 6-4.1-7-0.1; (6) IC 6-4.1-8-0.1; (7) IC 6-4.1-9-0.1, IC 6-4.1-9-2, IC 6-4.1…

Sec. 1. The definitions and rules of construction contained in this chapter apply throughout this article unless the context clearly requires otherwise. As added by Acts 1976, P.L.18, SEC.1.

Sec. 10. "Probate court" means a court of this state which has jurisdiction over probate matters. As added by Acts 1976, P.L.18, SEC.1.

Sec. 11. "Resident decedent" means an individual who was domiciled in Indiana at the time of his death. As added by Acts 1976, P.L.18, SEC.1.

As added by Acts 1976, P.L.18, SEC.1. Repealed by P.L.58-1990, SEC.6.

Sec. 13. "Tangible personal property" means corporeal personal property, such as goods, wares, and merchandise. As added by Acts 1976, P.L.18, SEC.1.

Sec. 14. "Taxable transfer" means a property interest transfer which is described in IC 6-4.1-2-1(a)(1) and IC 6-4.1-2-1(a)(2) (before the section's repeal) and which is not exempt from the inheritance tax under IC 6-4.1-3-1 through IC 6-4.1-3-7 (before the chapter's repeal). As …

Sec. 15. (a) Whenever a masculine gender pronoun is used in this article, it refers to the masculine, feminine, or neuter, whichever is appropriate. (b) The singular form of any noun as used in this article includes the plural, and the plural includes the singular, where appropri…

Sec. 2. "Appropriate probate court" means the probate court which has jurisdiction over the determination of the inheritance tax imposed as a result of a resident decedent's death. As added by Acts 1976, P.L.18, SEC.1.

Sec. 3. (a) "Class A transferee" means a transferee who is any of the following: (1) A lineal ancestor of the transferor. (2) A lineal descendant of the transferor. (3) A stepchild of the transferor, whether or not the stepchild is adopted by the transferor. This subdivision appl…

Sec. 3.5. "Entity" refers to a partnership, limited partnership, limited liability partnership, association, corporation, limited liability company, trust, or similar entity. As added by P.L.149-2012, SEC.1.

As added by Acts 1976, P.L.18, SEC.1. Amended by Acts 1977(ss), P.L.6, SEC.1; P.L.87-1983, SEC.1; P.L.2-1987, SEC.23. Repealed by P.L.205-2013, SEC.100.

Sec. 5. "Intangible personal property" means incorporeal property, such as money, deposits, credits, shares of stock, bonds, notes, other evidences of indebtedness, and other evidences of property interests. As added by Acts 1976, P.L.18, SEC.1.

Sec. 6. "Intestate succession" means a property interest transfer which is effected by the statute of descent and distribution or by operation of law, as the result of the death of an individual who fails to make a complete disposition of the property under a valid will. As added…

Sec. 7. "Non-resident decedent" means an individual who was not domiciled in Indiana at the time of his death. As added by Acts 1976, P.L.18, SEC.1.

Sec. 8. "Person" includes a sole proprietorship, partnership, association, corporation, limited liability company, fiduciary, individual, and the department of state revenue. As added by Acts 1976, P.L.18, SEC.1. Amended by P.L.8-1993, SEC.92.

Sec. 9. "Personal representative" means a person who is appointed to administer a decedent's estate by a court which has jurisdiction over the estate. As added by Acts 1976, P.L.18, SEC.1.

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.347-1989(ss), SEC.1.

Sec. 10. "Gross income" means gross income (as defined in Section 61 of the Internal Revenue Code) for federal income tax purposes. As added by P.L.347-1989(ss), SEC.1.

Sec. 11. "Internal Revenue Code" has the meaning set forth in IC 6-3-1-11. For purposes of IC 6-5.5, a reference to "article" in IC 6-3-1-11 is considered to also mean a reference in IC 6-5.5. As added by P.L.347-1989(ss), SEC.1. Amended by P.L.165-2021, SEC.99.

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. 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. 10. (a) This section applies for purposes of determining: (1) the last date on which a proposed assessment can be issued under IC 6-8.1-5; (2) the date by which withholding payments were required to be made to meet the safe harbor requirements under IC 6-3-4-12 or IC 6-3-4-1…

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…

As added by Acts 1980, P.L.61, SEC.1. Amended by Acts 1981, P.L.77, SEC.20; P.L.73-1983, SEC.15; P.L.76-1985, SEC.5. Repealed by P.L.192-2002(ss), SEC.191.

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