IC 6-5.5-5
    Chapter 5. Alternative Calculations; Combined Returns

IC 6-5.5-5-1
Members of unitary business; combined returns; fairrepresentation of taxpayer income within state; reapportionment
    Sec. 1. (a) Except as provided in this section, a unitary groupconsisting of at least two (2) taxpayers shall file a combined returncovering all the operations of the unitary business and including allof the members of the unitary business. However, only one (1)combined return needs to be filed, as provided in IC 6-5.5-6-1.
    (b) If the department or taxpayer determines that the result ofapplying this section or article do not fairly represent the taxpayer'sincome within Indiana or the taxpayer's income within Indiana maybe more fairly represented by a separate return, the taxpayer maypetition for and the department may allow, or the department mayrequire, in respect to all or a part of the taxpayer's business activityany of the following:
        (1) Separate accounting.
        (2) The filing of a separate return for the taxpayer.
        (3) A reallocation of tax items between a taxpayer and amember of the taxpayer's unitary group.
    (c) Income apportioned under this article must reflect a change inadjusted gross income that is required to comply with a departmentorder under this section.
As added by P.L.347-1989(ss), SEC.1. Amended by P.L.21-1990,SEC.30; P.L.68-1991, SEC.13.

IC 6-5.5-5-2
Members of unitary group; combined returns
    Sec. 2. A combined return must include the adjusted gross incomeof all members of the unitary group, even if some of the memberswould not otherwise be subject to taxation under this article. Thedepartment may require a member of a unitary group to provide anyinformation that is needed by the department to determine the unitarygroup's apportioned income under this article. However, income ofcorporations or other entities organized in foreign countries, excepta foreign bank (or its subsidiary) that transacts business in the UnitedStates, shall not be included in the combined return. In addition, thetaxpayer shall eliminate, in calculating adjusted gross income, allincome and deductions from transactions between entities that areincluded in the unitary group.
As added by P.L.347-1989(ss), SEC.1. Amended by P.L.21-1990,SEC.31.

IC 6-5.5-5-3
Information or records required
    Sec. 3. The department may require and the taxpayer shall furnishinformation or records that the department determines to benecessary for it to make the determination required under this article.

The department may require this information to be included in thetaxpayer's return.
As added by P.L.347-1989(ss), SEC.1.