CHAPTER 6. RETURNS
IC 6-5.5-6
Chapter 6. Returns
IC 6-5.5-6-1
Annual returns required
Sec. 1. Annual returns with respect to the tax imposed by thisarticle shall be made by every taxpayer:
(1) having for the taxable year adjusted gross income orapportioned income subject to taxation under this article; or
(2) that would have had adjusted gross income or apportionedincome subject to taxation under this article, but had a loss forthat taxable year.
However, taxpayer members of a unitary group are required to fileonly one (1) return covering all members of the unitary group. Thetaxpayer member that files the return may be designated by themembers of the unitary group pursuant to consents executed by eachmember. Each taxpayer member of a unitary group is jointly andseverally liable for the tax liability of all members of the unitarygroup.
As added by P.L.347-1989(ss), SEC.1. Amended by P.L.68-1991,SEC.14.
IC 6-5.5-6-2
Time for filing returns; extensions
Sec. 2. Annual returns required by this chapter shall be filed withthe department on or before the fifteenth day of the fourth monthfollowing the close of the taxpayer's taxable year. However, if ataxpayer receives an extension of time from the United StatesInternal Revenue Service for the filing of its federal income taxreturn for a taxable year, the department shall grant a similarextension of time to the taxpayer for the filing of a return required bythis chapter for that taxable year. In addition, the department maygrant an additional reasonable extension of time for filing a returnrequired by this chapter.
As added by P.L.347-1989(ss), SEC.1.
IC 6-5.5-6-3
Quarterly estimated tax; quarterly payment by electronic fundtransfer
Sec. 3. (a) Each taxpayer subject to taxation under this articleshall report and pay quarterly an estimated tax equal to twenty-fivepercent (25%) of the taxpayer's total estimated tax liability imposedby this article for the taxable year. A taxpayer that uses a taxableyear that ends on December 31 shall file the taxpayer's estimatedquarterly financial institutions tax return and pay the tax to thedepartment on or before April 20, June 20, September 20, andDecember 20 of the taxable year, without assessment or notice anddemand from the department. If a taxpayer uses a taxable year thatdoes not end on December 31, the due dates for filing the estimatedquarterly financial institutions tax return and paying the tax are on or
before the twentieth day of the fourth, sixth, ninth, and twelfthmonths of the taxpayer's taxable year. The department shall prescribethe manner and furnish the forms for reporting and payment.
(b) Subsection (a) is applicable only to taxpayers having a taxliability imposed under this article that exceeds two thousand fivehundred dollars ($2,500) for the taxable year.
(c) If the department determines that a taxpayer's:
(1) estimated quarterly financial institutions tax liability for thecurrent year; or
(2) average quarterly financial institutions tax payment for thepreceding year;
exceeds five thousand dollars ($5,000), the taxpayer shall pay thequarterly financial institutions taxes due by electronic fund transfer(as defined in IC 4-8.1-2-7) or by delivering in person or byovernight courier a payment by cashier's check, certified check, ormoney order to the department. The transfer or payment shall bemade on or before the date the tax is due.
(d) If a taxpayer's financial institutions tax payment is made byelectronic fund transfer, the taxpayer is not required to file aquarterly financial institutions tax return.
As added by P.L.347-1989(ss), SEC.1. Amended by P.L.68-1991,SEC.15; P.L.28-1997, SEC.21; P.L.129-2001, SEC.9; P.L.211-2007,SEC.34.
IC 6-5.5-6-4
Payment of tax
Sec. 4. When a taxpayer is required to file a tax return under thischapter, the taxpayer shall, without assessment or notice and demandfrom the department, pay the tax to the department at the time fixedfor filing the return without regard to an extension of time for filingthe return. In making an annual return and paying the tax due for ataxable year, a taxpayer is entitled to take a credit for any taxpreviously paid by it for the taxable year under this chapter.
As added by P.L.347-1989(ss), SEC.1.
IC 6-5.5-6-5
Certified copy of return
Sec. 5. A taxpayer shall furnish to the department at thedepartment's request a true and correct copy of any tax return that thetaxpayer has filed with the United States Internal Revenue Service.The copy shall be certified by the taxpayer under penalties ofperjury.
As added by P.L.347-1989(ss), SEC.1.
IC 6-5.5-6-6
Alteration or modification of return; notice; form; time; penalty
Sec. 6. (a) Each taxpayer shall notify the department in writing ofany alteration or modification of a federal income tax return filedwith the United States Internal Revenue Service for a taxable yearthat begins after December 31, 1988, including any modification or
alteration in the amount of tax, regardless of whether themodification or assessment results from an assessment.
(b) The taxpayer shall file the notice in the form required by thedepartment within one hundred twenty (120) days after the alterationor modification is made by the taxpayer or finally determined,whichever occurs first.
(c) The taxpayer shall pay an additional tax or penalty due underthis article upon notice or demand from the department.
As added by P.L.347-1989(ss), SEC.1.
IC 6-5.5-6-7
Forms; certification of truth of information
Sec. 7. A return required by this chapter and other informationthat is reasonably requested by the department must be on the formsthat are prescribed by the department. The taxpayer or other person,corporation, or entity, when required by the department, shall certifyunder penalties of perjury to the truth of all information on the returnor other document.
As added by P.L.347-1989(ss), SEC.1.
IC 6-5.5-6-8
Transfer of property; liability for tax
Sec. 8. In the case of a transferee of the property of a transferor,liability for an accrued tax liability of the transferor is transferred tothe transferee as provided in Section 6901 of the Internal RevenueCode.
As added by P.L.347-1989(ss), SEC.1.
IC 6-5.5-6-9
Preservation of records; examination
Sec. 9. A taxpayer subject to taxation under this article shall keepand preserve records of the taxpayer's adjusted gross income andother books or accounts necessary to determine the amount of tax forwhich the taxpayer is liable under this article. Those records, books,and accounts shall be kept open for examination at any time by thedepartment or its authorized agents.
As added by P.L.347-1989(ss), SEC.1.