IC 6-2.3-5-1 Annual operating deduction
Sec. 1. (a) Each taxable year a taxpayer is entitled to deduct from
the taxpayer's gross receipts an amount equal to the product of:
(1) one thousand dollars ($1,000); multiplied by
(2) a fraction.
The numerator of the fraction is the number of days in the taxpayer's
taxable year for which the taxpayer is subject to the utility receipts
tax, and the denominator of the fraction is the number of days in the
taxpayer's taxable year.
(b) If a taxpayer files quarterly gross receipts tax returns the
taxpayer may use a proportionate part of the deduction provided by
subsection (a) for each return filed.
(c) A taxpayer is entitled to only one (1) deduction under this
section each taxable year, regardless of the number of partners or
participants in the organization.
(d) An affiliated group that files a consolidated return under
IC 6-2.3-6-5 is entitled to only one (1) deduction under this section
on that consolidated return. As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-5-2 Bad debts
Sec. 2. Each taxable year, a taxpayer that reports the taxpayer's
gross receipts on an accrual basis is entitled to deduct bad debts from
the taxpayer's gross receipts in the same manner provided in
IC 6-2.5-6-9. As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-5-3 Resource recovery system
Sec. 3. (a) Except as provided in subsection (b), if:
(1) for federal income tax purposes a taxpayer is allowed a
depreciation deduction for a particular taxable year with respect
to a resource recovery system; and
(2) the resource recovery system processes solid waste or
hazardous waste;
the taxpayer is entitled to a deduction from the taxpayer's gross
receipts for that same taxable year. The amount of the deduction
equals the total depreciation deductions that the taxpayer is allowed,
with respect to the system, for that taxable year under Sections 167
and 179 of the Internal Revenue Code.
(b) A taxpayer is not entitled to the deduction provided by this
section for a particular taxable year with respect to a resource
recovery system that is directly used to dispose of hazardous waste
if during that taxable year the taxpayer:
(1) is convicted of any criminal violation under IC 13, including
IC 13-7-13-3 (before its repeal) or IC 13-7-13-4 (before its
repeal); or
(2) is subject to an order or consent decree based upon a
violation of a federal or state rule, regulation, or statute
governing the treatment, storage, or disposal of hazardous
wastes that had a major or moderate potential for harm. As added by P.L.192-2002(ss), SEC.47. Amended by P.L.137-2007,
SEC.4.
IC 6-2.3-5-4 Amount received for return of empty containers
Sec. 4. (a) Each taxable year a taxpayer is entitled to deduct from
the taxpayer's gross receipts the amount paid by the taxpayer during
that taxable year for the return of an empty container of the type
customarily returned by the buyer of the contents for reuse as a
container.
(b) If a taxpayer is required to file quarterly gross receipts tax
returns, the taxpayer may claim the deduction provided by this
section on those returns. As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-5-5 Interstate mobile telecommunications
Sec. 5. A taxpayer is entitled to a deduction for gross receipts
exempt from taxation under IC 6-8.1-15 and the Mobile
Telecommunications Sourcing Act (4 U.S.C. 116 et seq.). As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-5-6 Bottled water or gas
Sec. 6. A taxpayer is entitled to a deduction for retail sales of
bottled water or gas to the extent that the purchase of the water or gas
was treated as a retail transaction under IC 6-2.3-3-6. As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-5-1 Annual operating deduction
Sec. 1. (a) Each taxable year a taxpayer is entitled to deduct from
the taxpayer's gross receipts an amount equal to the product of:
(1) one thousand dollars ($1,000); multiplied by
(2) a fraction.
The numerator of the fraction is the number of days in the taxpayer's
taxable year for which the taxpayer is subject to the utility receipts
tax, and the denominator of the fraction is the number of days in the
taxpayer's taxable year.
(b) If a taxpayer files quarterly gross receipts tax returns the
taxpayer may use a proportionate part of the deduction provided by
subsection (a) for each return filed.
(c) A taxpayer is entitled to only one (1) deduction under this
section each taxable year, regardless of the number of partners or
participants in the organization.
(d) An affiliated group that files a consolidated return under
IC 6-2.3-6-5 is entitled to only one (1) deduction under this section
on that consolidated return. As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-5-2 Bad debts
Sec. 2. Each taxable year, a taxpayer that reports the taxpayer's
gross receipts on an accrual basis is entitled to deduct bad debts from
the taxpayer's gross receipts in the same manner provided in
IC 6-2.5-6-9. As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-5-3 Resource recovery system
Sec. 3. (a) Except as provided in subsection (b), if:
(1) for federal income tax purposes a taxpayer is allowed a
depreciation deduction for a particular taxable year with respect
to a resource recovery system; and
(2) the resource recovery system processes solid waste or
hazardous waste;
the taxpayer is entitled to a deduction from the taxpayer's gross
receipts for that same taxable year. The amount of the deduction
equals the total depreciation deductions that the taxpayer is allowed,
with respect to the system, for that taxable year under Sections 167
and 179 of the Internal Revenue Code.
(b) A taxpayer is not entitled to the deduction provided by this
section for a particular taxable year with respect to a resource
recovery system that is directly used to dispose of hazardous waste
if during that taxable year the taxpayer:
(1) is convicted of any criminal violation under IC 13, including
IC 13-7-13-3 (before its repeal) or IC 13-7-13-4 (before its
repeal); or
(2) is subject to an order or consent decree based upon a
violation of a federal or state rule, regulation, or statute
governing the treatment, storage, or disposal of hazardous
wastes that had a major or moderate potential for harm. As added by P.L.192-2002(ss), SEC.47. Amended by P.L.137-2007,
SEC.4.
IC 6-2.3-5-4 Amount received for return of empty containers
Sec. 4. (a) Each taxable year a taxpayer is entitled to deduct from
the taxpayer's gross receipts the amount paid by the taxpayer during
that taxable year for the return of an empty container of the type
customarily returned by the buyer of the contents for reuse as a
container.
(b) If a taxpayer is required to file quarterly gross receipts tax
returns, the taxpayer may claim the deduction provided by this
section on those returns. As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-5-5 Interstate mobile telecommunications
Sec. 5. A taxpayer is entitled to a deduction for gross receipts
exempt from taxation under IC 6-8.1-15 and the Mobile
Telecommunications Sourcing Act (4 U.S.C. 116 et seq.). As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-5-6 Bottled water or gas
Sec. 6. A taxpayer is entitled to a deduction for retail sales of
bottled water or gas to the extent that the purchase of the water or gas
was treated as a retail transaction under IC 6-2.3-3-6. As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-5-1 Annual operating deduction
Sec. 1. (a) Each taxable year a taxpayer is entitled to deduct from
the taxpayer's gross receipts an amount equal to the product of:
(1) one thousand dollars ($1,000); multiplied by
(2) a fraction.
The numerator of the fraction is the number of days in the taxpayer's
taxable year for which the taxpayer is subject to the utility receipts
tax, and the denominator of the fraction is the number of days in the
taxpayer's taxable year.
(b) If a taxpayer files quarterly gross receipts tax returns the
taxpayer may use a proportionate part of the deduction provided by
subsection (a) for each return filed.
(c) A taxpayer is entitled to only one (1) deduction under this
section each taxable year, regardless of the number of partners or
participants in the organization.
(d) An affiliated group that files a consolidated return under
IC 6-2.3-6-5 is entitled to only one (1) deduction under this section
on that consolidated return. As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-5-2 Bad debts
Sec. 2. Each taxable year, a taxpayer that reports the taxpayer's
gross receipts on an accrual basis is entitled to deduct bad debts from
the taxpayer's gross receipts in the same manner provided in
IC 6-2.5-6-9. As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-5-3 Resource recovery system
Sec. 3. (a) Except as provided in subsection (b), if:
(1) for federal income tax purposes a taxpayer is allowed a
depreciation deduction for a particular taxable year with respect
to a resource recovery system; and
(2) the resource recovery system processes solid waste or
hazardous waste;
the taxpayer is entitled to a deduction from the taxpayer's gross
receipts for that same taxable year. The amount of the deduction
equals the total depreciation deductions that the taxpayer is allowed,
with respect to the system, for that taxable year under Sections 167
and 179 of the Internal Revenue Code.
(b) A taxpayer is not entitled to the deduction provided by this
section for a particular taxable year with respect to a resource
recovery system that is directly used to dispose of hazardous waste
if during that taxable year the taxpayer:
(1) is convicted of any criminal violation under IC 13, including
IC 13-7-13-3 (before its repeal) or IC 13-7-13-4 (before its
repeal); or
(2) is subject to an order or consent decree based upon a
violation of a federal or state rule, regulation, or statute
governing the treatment, storage, or disposal of hazardous
wastes that had a major or moderate potential for harm. As added by P.L.192-2002(ss), SEC.47. Amended by P.L.137-2007,
SEC.4.
IC 6-2.3-5-4 Amount received for return of empty containers
Sec. 4. (a) Each taxable year a taxpayer is entitled to deduct from
the taxpayer's gross receipts the amount paid by the taxpayer during
that taxable year for the return of an empty container of the type
customarily returned by the buyer of the contents for reuse as a
container.
(b) If a taxpayer is required to file quarterly gross receipts tax
returns, the taxpayer may claim the deduction provided by this
section on those returns. As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-5-5 Interstate mobile telecommunications
Sec. 5. A taxpayer is entitled to a deduction for gross receipts
exempt from taxation under IC 6-8.1-15 and the Mobile
Telecommunications Sourcing Act (4 U.S.C. 116 et seq.). As added by P.L.192-2002(ss), SEC.47.
IC 6-2.3-5-6 Bottled water or gas
Sec. 6. A taxpayer is entitled to a deduction for retail sales of
bottled water or gas to the extent that the purchase of the water or gas
was treated as a retail transaction under IC 6-2.3-3-6. As added by P.L.192-2002(ss), SEC.47.
