CHAPTER 6. RETURNS
IC 6-2.3-6
Chapter 6. Returns
IC 6-2.3-6-1
Returns; due date; estimated payments; electronic funds transfers;penalties
Sec. 1. (a) Except as provided in subsections (c) through (e), ataxpayer shall file utility receipts tax returns with, and pay thetaxpayer's utility receipts tax liability to, the department by the duedate of the estimated return. A taxpayer who uses a taxable year thatends on December 31 shall file the taxpayer's estimated utilityreceipts tax returns and pay the tax to the department on or beforeApril 20, June 20, September 20, and December 20 of the taxableyear. If a taxpayer uses a taxable year which does not end onDecember 31, the due dates for filing estimated utility receipts taxreturns and paying the tax are on or before the twentieth day of thefourth, sixth, ninth, and twelfth months of the taxpayer's taxable year.
(b) With each return filed, with each payment by cashier's check,certified check, or money order delivered in person or by overnightcourier, and with each electronic funds transfer made, a taxpayershall pay to the department twenty-five percent (25%) of theestimated or the exact amount of utility receipts tax that is due.
(c) If a taxpayer's estimated annual utility receipts tax liabilitydoes not exceed two thousand five hundred dollars ($2,500) thetaxpayer is not required to file an estimated utility receipts tax return.
(d) If the department determines that a taxpayer's:
(1) estimated quarterly utility receipts tax liability for thecurrent year; or
(2) average estimated quarterly utility receipts tax liability forthe preceding year;
exceeds five thousand dollars ($5,000), the taxpayer shall pay theestimated utility receipts taxes due by electronic funds transfer (asdefined in IC 4-8.1-2-7) or by delivering in person or by overnightcourier a payment by cashier's check, certified check, or money orderto the department. The transfer or payment shall be made on orbefore the date the tax is due.
(e) If a taxpayer's utility receipts tax payment is made byelectronic funds transfer, the taxpayer is not required to file anestimated utility receipts tax return.
(f) The penalty prescribed by IC 6-8.1-10-2.1(b) shall be assessedby the department on taxpayers failing to make payments as requiredin subsection (b) or (d). However, a penalty may not be assessed asto any estimated payments of utility receipts tax that equal or exceed:
(1) twenty percent (20%) of the final tax liability for the taxableyear; or
(2) twenty-five percent (25%) of the final tax liability for thetaxpayer's previous taxable year.
In addition, the penalty as to any underpayment of tax on anestimated return shall be assessed only on the difference between theactual amount paid by the taxpayer on the estimated return and
twenty-five percent (25%) of the taxpayers's final utility receipts taxliability for the taxable year.
As added by P.L.192-2002(ss), SEC.47. Amended by P.L.269-2003,SEC.2; P.L.211-2007, SEC.8.
IC 6-2.3-6-2
Final return; due date; statements of no tax due
Sec. 2. (a) Every taxpayer who receives more than one thousanddollars ($1,000) in gross receipts during a particular taxable yearshall file with the department an annual utility receipts tax return. Atthe time of filing an annual return, a taxpayer shall pay to thedepartment an amount equal to the remainder of:
(1) the total utility receipts tax liability incurred by the taxpayerfor that particular taxable year; minus
(2) the total amount of utility receipts taxes that was previouslypaid to the department for any quarter of that same taxable year.
(b) Except as provided in subsection (d), a taxpayer who uses ataxable year that ends on December 31 shall file the taxpayer'sannual utility receipts tax return and pay the tax, if any, for thattaxable year on or before April 15 of the immediately succeeding taxyear.
(c) If a taxpayer uses a taxable year that does not end onDecember 31, the department shall prescribe the due dates for filingannual utility receipts tax returns and paying the tax.
(d) Any taxpayer who does not file an annual utility receipts taxreturn for a taxable year may be required to execute and file with thedepartment a sworn statement that the taxpayer did not receive morethan one thousand dollars ($1,000) of taxable gross receipts duringthat taxable year.
As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-6-3
Returns; limitation on required information; names on stock orsecurities that are a source of gross receipts
Sec. 3. Any forms prescribed by the department underIC 6-8.1-3-4 that concern the collection of the utility receipts tax maynot require a taxpayer to show the corporate name or title of anystock or the name of the obligor of any other security from which thetaxpayer derives gross receipts.
As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-6-4
Returns; required information; allocation of gross receipts amongmultiple locations
Sec. 4. The department may require a taxpayer who receives grossreceipts at two (2) or more business locations within the state to filewith each quarterly and annual utility receipts tax return aninformation return that shows the allocation of gross receipts to eachbusiness location at which the gross receipts were received.
As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-6-5
Affiliated groups; consolidated utility receipts tax returns; election
Sec. 5. (a) Corporations are affiliated if at least eighty percent(80%) of the voting stock of one (1) corporation (exclusive ofdirectors' qualifying shares) is owned by the other corporation. Everycorporation affiliated with another corporation is affiliated withevery corporation that is affiliated with such other corporation. Allcorporations so affiliated constitute an affiliated group.
(b) Corporate members of an affiliated group that are incorporatedin Indiana or are authorized to do business in Indiana may file aconsolidated utility receipts tax return.
(c) Each corporate member of an affiliated group that files aconsolidated utility receipts tax return is jointly and severally liablefor the utility receipts tax imposed on the affiliated group and oneach member of that group.
(d) An affiliated group must elect at the time it files its firstannual return whether or not it will file a consolidated utility receiptstax return or whether each corporate member of the group will filea separate utility receipts tax return. After the taxpayer's election ismade, the group must file utility receipts tax returns in the samemanner as the group's first annual return is filed, unless thedepartment allows the group to change the manner in which it filesutility receipts tax returns.
(e) The first consolidated utility receipts tax return filed by anaffiliated group may be filed by any member of the groupincorporated in Indiana or authorized to do business in Indiana.Subsequent consolidated returns shall be filed by the member whofiled the first consolidated return for the group, unless the departmentallows another member to file the group's consolidated returns.
As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-6-6
Returns; fiduciaries; receiver; trustee in dissoluton; trustee inbankruptcy; assignee; liability of distributee for unpaid taxes;nonresident returns
Sec. 6. (a) A receiver, a trustee in dissolution, a trustee inbankruptcy, or an assignee operating the property or business of ataxpayer shall file a utility receipts tax return for that taxpayer andpay any tax due on gross receipts reported in the return in the samemanner that the taxpayer would be required to file a return and paythe tax under this chapter if the taxpayer had control of the businessor property.
(b) Any fiduciary filing a return under subsection (a) shall reportall previously unreported income derived from property or businesscontrolled by the fiduciary.
(c) The utility receipts tax liability imposed upon any propertyheld by a fiduciary described in subsection (a) is a lien upon theproperty from which the gross receipts were derived.
(d) If any utility receipts tax is due and unpaid after a fiduciarydescribed in subsection (a) is discharged, each distributee is liable
for the utility receipts tax due in an amount equal to the quotient of:
(1) the distributee's share of the business or property sold;divided by
(2) the total distribution made by the fiduciary.
(e) Any resident of Indiana who is a fiduciary described insubsection (a), and who receives gross receipts for a distributee whois not an Indiana resident, must file a utility receipts tax return andpay the utility receipts tax due with that return before making adistribution to the distributee.
(f) Any taxpayer who is a resident of Indiana, and who receivesgross receipts from a fiduciary described in subsection (a) who is nota resident of Indiana, shall file a return reporting the receipt of suchgross receipts and shall pay any utility receipts tax due on such grossreceipts, as though the gross receipts had been received directly bythe taxpayer, unless the nonresident fiduciary has already paid thetax due on the gross receipts.
As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-6-7
Allowable methods of accounting
Sec. 7. A taxpayer shall use either the cash or accrual method ofaccounting for purposes of determining the taxpayer's utility receiptstax liability. If a taxpayer uses either the cash or accrual method ofaccounting for federal tax purposes, the taxpayer must also use thatsame method in determining the taxpayer's utility receipts taxliability. If a taxpayer does not use either the cash or accrual methodof accounting for federal tax purposes, the taxpayer shall use the cashmethod in determining the taxpayer's utility receipts tax liability.
As added by P.L.192-2002(ss), SEC.47.