CHAPTER 6. RETURNS, REMITTANCES, AND REFUNDS
IC 6-2.5-6
Chapter 6. Returns, Remittances, and Refunds
IC 6-2.5-6-1
Returns; reporting period; electronic funds transfer
Sec. 1. (a) Except as otherwise provided in this section, each
person liable for collecting the state gross retail or use tax shall file
a return for each calendar month and pay the state gross retail and
use taxes that the person collects during that month. A person shall
file the person's return for a particular month with the department
and make the person's tax payment for that month to the department
not more than thirty (30) days after the end of that month, if that
person's average monthly liability for collections of state gross retail
and use taxes under this section as determined by the department for
the preceding calendar year did not exceed one thousand dollars
($1,000). If a person's average monthly liability for collections of
state gross retail and use taxes under this section as determined by
the department for the preceding calendar year exceeded one
thousand dollars ($1,000), that person shall file the person's return
for a particular month and make the person's tax payment for that
month to the department not more than twenty (20) days after the end
of that month.
(b) If a person files a combined sales and withholding tax report
and either this section or IC 6-3-4-8.1 requires sales or withholding
tax reports to be filed and remittances to be made within twenty (20)
days after the end of each month, then the person shall file the
combined report and remit the sales and withholding taxes due
within twenty (20) days after the end of each month.
(c) Instead of the twelve (12) monthly reporting periods required
by subsection (a), the department may permit a person to divide a
year into a different number of reporting periods. The return and
payment for each reporting period is due not more than twenty (20)
days after the end of the period.
(d) Instead of the reporting periods required under subsection (a),
the department may permit a retail merchant to report and pay the
merchant's state gross retail and use taxes for a period covering a
calendar year, if the retail merchant's state gross retail and use tax
liability in the previous calendar year does not exceed one thousand
dollars ($1,000). A retail merchant using a reporting period allowed
under this subsection must file the merchant's return and pay the
merchant's tax for a reporting period not later than the last day of the
month immediately following the close of that reporting period.
(e) If a retail merchant reports the merchant's adjusted gross
income tax, or the tax the merchant pays in place of the adjusted
gross income tax, over a fiscal year not corresponding to the calendar
year, the merchant may, without prior departmental approval, report
and pay the merchant's state gross retail and use taxes over the
merchant's fiscal year that corresponds to the calendar year the
merchant is permitted to use under subsection (d). However, the
department may, at any time, require the retail merchant to stop using
the fiscal reporting period.
(f) If a retail merchant files a combined sales and withholding tax
report, the reporting period for the combined report is the shortest
period required under:
(1) this section;
(2) IC 6-3-4-8; or
(3) IC 6-3-4-8.1.
(g) If the department determines that a person's:
(1) estimated monthly gross retail and use tax liability for the
current year; or
(2) average monthly gross retail and use tax liability for the
preceding year;
exceeds five thousand dollars ($5,000), the person shall pay the
monthly gross retail and use taxes due by electronic funds transfer
(as defined in IC 4-8.1-2-7) or by delivering in person or by
overnight courier a payment by cashier's check, certified check, or
money order to the department. The transfer or payment shall be
made on or before the date the tax is due.
(h) A person that registers as a retail merchant after December 31,
2009, shall report and remit state gross retail and use taxes through
the department's online tax filing program. This subsection does not
apply to a retail merchant that was a registered retail merchant before
January 1, 2010, but adds an additional place of business in
accordance with IC 6-2.5-8-1(e) after December 31, 2009.
(i) A person:
(1) who has voluntarily registered as a seller under the
Streamlined Sales and Use Tax Agreement;
(2) who is not a Model 1, Model 2, or Model 3 seller (as
defined in the Streamlined Sales and Use Tax Agreement); and
(3) whose liability for collections of state gross retail and use
taxes under this section for the preceding calendar year as
determined by the department does not exceed one thousand
dollars ($1,000);
is not required to file a monthly gross retail and use tax return.
As added by Acts 1980, P.L.52, SEC.1. Amended by Acts 1982,
P.L.49, SEC.1; P.L.70-1986, SEC.1; P.L.92-1987, SEC.2;
P.L.63-1988, SEC.3; P.L.28-1997, SEC.11; P.L.185-2001, SEC.2;
P.L.177-2002, SEC.10; P.L.192-2002(ss), SEC.58; P.L.153-2006,
SEC.5; P.L.211-2007, SEC.17; P.L.131-2008, SEC.10;
P.L.182-2009(ss), SEC.180.
IC 6-2.5-6-2
Accounting for tax receipts; option to use accrual basis
Sec. 2. A retail merchant may, without prior departmental
approval, report and pay his state gross retail and use taxes on an
accrual basis, if he uses the accrual basis to pay and report the
adjusted gross income tax or the tax imposed on him in place of the
adjusted gross income tax. The department may, at any time, require
the retail merchant to stop using the accrual basis.
As added by Acts 1980, P.L.52, SEC.1. Amended by
P.L.192-2002(ss), SEC.59.
IC 6-2.5-6-3
Consolidated filing
Sec. 3. If a retail merchant, wholesaler, or manufacturer holds
multiple certificates under IC 6-2.5-8 in order to make retail
transactions at more than one (1) store or location, the retail
merchant may apply for departmental permission to file a
consolidated state gross retail and use tax return for all those stores
and locations. If the department allows the consolidated filing, the
retail merchant, wholesaler, or manufacturer must keep sufficient
records to allow the department to determine the separate state gross
retail and use tax liability for each store or location and to show any
information that the department requires on the consolidated return.
As added by Acts 1980, P.L.52, SEC.1.
IC 6-2.5-6-4
Periodic deposits of collections during reporting period
Sec. 4. If the department feels that a retail merchant is not
properly collecting, reporting, or paying the state gross retail and use
taxes, the department may require him to make periodic deposits of
his collections during his reporting period and to file an
informational return with those deposits.
As added by Acts 1980, P.L.52, SEC.1.
IC 6-2.5-6-5
Final return and payment
Sec. 5. When a retail merchant stops doing a kind of business for
which he must file returns under this chapter, he shall file a final
state gross retail and use tax return with the department for that part
of his business and pay the state gross retail and use taxes collected.
The final return and payment are due no later than one (1) month
after the date the business stops.
As added by Acts 1980, P.L.52, SEC.1.
IC 6-2.5-6-6
Coordination with gross income tax
Sec. 6. When possible, the department shall coordinate the
reporting and payment of the state gross retail and use taxes with the
reporting and payment of the gross income tax.
As added by Acts 1980, P.L.52, SEC.1.
IC 6-2.5-6-7
Retail merchant; calculation of tax liability
Sec. 7. Except as otherwise provided in IC 6-2.5-7 or in this
chapter, a retail merchant shall pay to the department, for a particular
reporting period, an amount equal to the product of:
(1) seven percent (7%); multiplied by
(2) the retail merchant's total gross retail income from taxable
transactions made during the reporting period.
The amount determined under this section is the retail merchant's
state gross retail and use tax liability regardless of the amount of tax
the retail merchant actually collects.
As added by Acts 1980, P.L.52, SEC.1. Amended by P.L.2-1982(ss),
SEC.3; P.L.192-2002(ss), SEC.60; P.L.146-2008, SEC.311.
IC 6-2.5-6-8
Tax liability; income exclusion ratio
Sec. 8. (a) For purposes of determining the amount of state gross
retail and use taxes which a retail merchant must remit under section
7 of this chapter, the retail merchant may exclude from the retail
merchant's gross retail income from retail transactions made during
a particular reporting period, an amount equal to the product of:
(1) the amount of that gross retail income; multiplied by
(2) the retail merchant's "income exclusion ratio" for the tax
year which contains the reporting period.
(b) A retail merchant's "income exclusion ratio" for a particular
tax year equals a fraction, the numerator of which is the retail
merchant's estimated total gross retail income for the tax year from
unitary retail transactions which produce gross retail income of less
than eight cents ($0.08) each, and the denominator of which is the
retail merchant's estimated total gross retail income for the tax year
from all retail transactions.
(c) In order to minimize a retail merchant's recordkeeping
requirements, the department shall prescribe a procedure for
determining the retail merchant's income exclusion ratio for a tax
year, based on a period of time, not to exceed fifteen (15)
consecutive days, during the first quarter of the retail merchant's tax
year. However, the period of time may be changed if the change is
requested by the retail merchant because of the retail merchant's
peculiar accounting procedures or marketing factors. In addition, if
a retail merchant has multiple sales locations or diverse types of
sales, the department shall permit the retail merchant to determine
the ratio on the basis of a representative sampling of the locations
and types of sales.
As added by Acts 1980, P.L.52, SEC.1. Amended by P.L.2-1982(ss),
SEC.4; P.L.192-2002(ss), SEC.61; P.L.146-2008, SEC.312.
IC 6-2.5-6-9 Version a
Uncollectible receivables; deduction
Note: This version of section amended by P.L.162-2006, SEC.23.
See also following version of this section amended by P.L.184-2006,
SEC.2.
Sec. 9. (a) In determining the amount of state gross retail and use
taxes which a retail merchant must remit under section 7 of this
chapter, the retail merchant shall, subject to subsections (c) and (d),
deduct from the retail merchant's gross retail income from retail
transactions made during a particular reporting period, an amount
equal to the retail merchant's receivables which:
(1) resulted from retail transactions in which the retail merchant
did not collect the state gross retail or use tax from the
purchaser;
(2) resulted from retail transactions on which the retail
merchant has previously paid the state gross retail or use tax
liability to the department; and
(3) were written off as an uncollectible debt for federal tax
purposes under Section 166 of the Internal Revenue Code
during the particular reporting period.
(b) If a retail merchant deducts a receivable under subsection (a)
and subsequently collects all or part of that receivable, then the retail
merchant shall, subject to subsection (d)(6), include the amount
collected as part of the retail merchant's gross retail income from
retail transactions for the particular reporting period in which the
retail merchant makes the collection.
(c) This subsection applies only to retail transactions occurring
after December 31, 2006. As used in this subsection, "affiliated
group" means any combination of the following:
(1) An affiliated group within the meaning provided in Section
1504 of the Internal Revenue Code, except that the ownership
percentage in Section 1504(a)(2) of the Internal Revenue Code
shall be determined using fifty percent (50%) instead of eighty
percent (80%).
(2) Two (2) or more partnerships (as defined in IC 6-3-1-19),
including limited liability companies and limited liability
partnerships, that have the same degree of mutual ownership as
an affiliated group described in subdivision (1), as determined
under the rules adopted by the department.
The right to a deduction under this section is not assignable to an
individual or entity that is not part of the same affiliated group as the
assignor.
(d) The following provisions apply to a deduction for a receivable
treated as uncollectible debt under subsection (a):
(1) The deduction does not include interest.
(2) The amount of the deduction shall be determined in the
manner provided by Section 166 of the Internal Revenue Code
for bad debts but shall be adjusted to exclude:
(A) financing charges or interest;
(B) sales or use taxes charged on the purchase price;
(C) uncollectible amounts on property that remain in the
possession of the seller until the full purchase price is paid;
(D) expenses incurred in attempting to collect any debt; and
(E) repossessed property.
(3) The deduction shall be claimed on the return for the period
during which the receivable is written off as uncollectible in the
claimant's books and records and is eligible to be deducted for
federal income tax purposes. For purposes of this subdivision,
a claimant who is not required to file federal income tax returns
may deduct an uncollectible receivable on a return filed for the
period in which the receivable is written off as uncollectible in
the claimant's books and records and would be eligible for a bad
debt deduction for federal income tax purposes if the claimant
were required to file a federal income tax return.
(4) If the amount of uncollectible receivables claimed as a
deduction by a retail merchant for a particular reporting period
exceeds the amount of the retail merchant's taxable sales for
that reporting period, the retail merchant may file a refund
claim under IC 6-8.1-9. However, the deadline for the refund
claim shall be measured from the due date of the return for the
reporting period on which the deduction for the uncollectible
receivables could first be claimed.
(5) If a retail merchant's filing responsibilities have been
assumed by a certified service provider (as defined in
IC 6-2.5-11-2), the certified service provider may claim, on
behalf of the retail merchant, any deduction or refund for
uncollectible receivables provided by this section. The certified
service provider must credit or refund the full amount of any
deduction or refund received to the retail merchant.
(6) For purposes of reporting a payment received on a
previously claimed uncollectible receivable, any payments
made on a debt or account shall be applied first proportionally
to the taxable price of the property and the state gross retail tax
or use tax thereon, and secondly to interest, service charges, and
any other charges.
(7) A retail merchant claiming a deduction for an uncollectible
receivable may allocate that receivable among the states that are
members of the streamlined sales and use tax agreement if the
books and records of the retail merchant support that allocation.
As added by Acts 1980, P.L.52, SEC.1. Amended by P.L.257-2003,
SEC.30; P.L.81-2004, SEC.7; P.L.162-2006, SEC.23.
IC 6-2.5-6-9 Version b
Uncollectible receivables; deduction
Note: This version of section amended by P.L.184-2006, SEC.2.
See also preceding version of this section amended by P.L.162-2006,
SEC.23.
Sec. 9. (a) In determining the amount of state gross retail and use
taxes which a retail merchant must remit under section 7 of this
chapter, the retail merchant shall, subject to subsections (c) and (d),
deduct from the retail merchant's gross retail income from retail
transactions made during a particular reporting period, an amount
equal to the retail merchant's receivables which:
(1) resulted from retail transactions in which the retail merchant
did not collect the state gross retail or use tax from the
purchaser;
(2) resulted from retail transactions on which the retail
merchant has previously paid the state gross retail or use tax
liability to the department; and
(3) were written off as an uncollectible debt for federal tax
purposes under Section 166 of the Internal Revenue Code
during the particular reporting period.
(b) If a retail merchant deducts a receivable under subsection (a)
and subsequently collects all or part of that receivable, then the retail
merchant shall, subject to subsection (d)(6), include the amount
collected as part of the retail merchant's gross retail income from
retail transactions for the particular reporting period in which the
retail merchant makes the collection.
(c) This subsection applies only to retail transactions occurring
after June 30, 2007. As used in this subsection, "affiliated group"
means any combination of the following:
(1) An affiliated group within the meaning provided in Section
1504 of the Internal Revenue Code (except that the ownership
percentage in Section 1504(a)(2) of the Internal Revenue Code
shall be determined using fifty percent (50%) instead of eighty
percent (80%)) or a relationship described in Section
267(b)(11) of the Internal Revenue Code.
(2) Two (2) or more partnerships (as defined in IC 6-3-1-19),
including limited liability companies and limited liability
partnerships, that have the same degree of mutual ownership as
an affiliated group described in subdivision (1), as determined
under the rules adopted by the department.
The right to a deduction under this section is not assignable to an
individual or entity that is not part of the same affiliated group as the
assignor.
(d) The following provisions apply to a deduction for a receivable
treated as uncollectible debt under subsection (a):
(1) The deduction does not include interest.
(2) The amount of the deduction shall be determined in the
manner provided by Section 166 of the Internal Revenue Code
for bad debts but shall be adjusted to exclude:
(A) financing charges or interest;
(B) sales or use taxes charged on the purchase price;
(C) uncollectible amounts on property that remain in the
possession of the seller until the full purchase price is paid;
(D) expenses incurred in attempting to collect any debt; and
(E) repossessed property.
(3) The deduction shall be claimed on the return for the period
during which the receivable is written off as uncollectible in the
claimant's books and records and is eligible to be deducted for
federal income tax purposes. For purposes of this subdivision,
a claimant who is not required to file federal income tax returns
may deduct an uncollectible receivable on a return filed for the
period in which the receivable is written off as uncollectible in
the claimant's books and records and would be eligible for a bad
debt deduction for federal income tax purposes if the claimant
were required to file a federal income tax return.
(4) If the amount of uncollectible receivables claimed as a
deduction by a retail merchant for a particular reporting period
exceeds the amount of the retail merchant's taxable sales for
that reporting period, the retail merchant may file a refund
claim under IC 6-8.1-9. However, the deadline for the refund
claim shall be measured from the due date of the return for the
reporting period on which the deduction for the uncollectible
receivables could first be claimed.
(5) If a retail merchant's filing responsibilities have been
assumed by a certified service provider (as defined in
IC 6-2.5-11-2), the certified service provider may claim, on
behalf of the retail merchant, any deduction or refund for
uncollectible receivables provided by this section. The certified
service provider must credit or refund the full amount of any
deduction or refund received to the retail merchant.
(6) For purposes of reporting a payment received on a
previously claimed uncollectible receivable, any payments
made on a debt or account shall be applied first proportionally
to the taxable price of the property and the state gross retail tax
or use tax thereon, and secondly to interest, service charges, and
any other charges.
(7) A retail merchant claiming a deduction for an uncollectible
receivable may allocate that receivable among the states that are
members of the streamlined sales and use tax agreement if the
books and records of the retail merchant support that allocation.
As added by Acts 1980, P.L.52, SEC.1. Amended by P.L.257-2003,
SEC.30; P.L.81-2004, SEC.7; P.L.184-2006, SEC.2.
IC 6-2.5-6-10
Tax liability; merchant's collection allowance
Sec. 10. (a) In order to compensate retail merchants for collecting
and timely remitting the state gross retail tax and the state use tax,
every retail merchant, except a retail merchant referred to in
subsection (c), is entitled to deduct and retain from the amount of
those taxes otherwise required to be remitted under IC 6-2.5-7-5 or
under this chapter, if timely remitted, a retail merchant's collection
allowance.
(b) The allowance equals a percentage of the retail merchant's
state gross retail and use tax liability accrued during a calendar year,
specified as follows:
(1) Seventy-three hundredths percent (0.73%), if the retail
merchant's state gross retail and use tax liability accrued during
the state fiscal year ending on June 30 of the immediately
preceding calendar year did not exceed sixty thousand dollars
($60,000).
(2) Fifty-three hundredths percent (0.53%), if the retail
merchant's state gross retail and use tax liability accrued during
the state fiscal year ending on June 30 of the immediately
preceding calendar year:
(A) was greater than sixty thousand dollars ($60,000); and
(B) did not exceed six hundred thousand dollars ($600,000).
(3) Twenty-six hundredths percent (0.26%), if the retail
merchant's state gross retail and use tax liability accrued during
the state fiscal year ending on June 30 of the immediately
preceding calendar year was greater than six hundred thousand
dollars ($600,000).
(c) A retail merchant described in IC 6-2.5-4-5 or IC 6-2.5-4-6 is
not entitled to the allowance provided by this section.
As added by Acts 1980, P.L.52, SEC.1. Amended by P.L.71-1993,
SEC.10; P.L.28-1997, SEC.12; P.L.192-2002(ss), SEC.62;
P.L.211-2007, SEC.18; P.L.146-2008, SEC.313.
IC 6-2.5-6-11
Heating assistance program; deduction
Sec. 11. A retail merchant who extends assistance to a heating
assistance program administered under IC 4-4-33 may deduct from
the retail merchant's state gross retail and use tax payment an amount
equal to all or part of the aggregate assistance extended by the retail
merchant to a heating assistance program administered under
IC 4-4-33 during the reporting period for which the state gross retail
and use tax payment is made.
As added by Acts 1980, P.L.52, SEC.1. Amended by P.L.43-1983,
SEC.2; P.L.41-1987, SEC.5; P.L.2-1992, SEC.67; P.L.181-2006,
SEC.43.
IC 6-2.5-6-12
Security for payment of tax collected
Sec. 12. (a) Whenever the department feels it necessary to insure
the payment of the state gross retail or use taxes, the department may
require a retail merchant to post security for that payment in any
amount not to exceed twice the department's estimate of the retail
merchant's quarterly state gross retail and use tax liability.
(b) If necessary to recover any tax, interest, or penalty which the
retail merchant owes under this article, the department may sell the
security. If the security is in the form of a bearer bond which is
issued by a governmental unit and which has a prevailing market
price, the department may sell the security at a private sale for not
less than that market price. If the security is in any other form, the
department shall sell it at a public auction.
(c) Before the department may sell a retail merchant's security, the
department shall give the retail merchant notice of the time, place,
and date of the sale. The department shall send the notice by certified
mail to the retail merchant's most recent address according to the
department's records.
(d) If the proceeds of the security sale exceed the tax, interest, and
penalties owing, the department shall refund the remainder to the
retail merchant.
As added by Acts 1980, P.L.52, SEC.1.
IC 6-2.5-6-13
Refund; grounds
Sec. 13. A person is entitled to a refund from the department if:
(1) a retail merchant erroneously or illegally collects state gross
retail or use taxes under this article from the person;
(2) the retail merchant remits the taxes to the department;
(3) the retail merchant does not refund the taxes to the person;
and
(4) the person properly applies for the refund under the refund
provisions contained in IC 6-8.1-9.
As added by Acts 1980, P.L.52, SEC.1. Amended by P.L.19-1986,
SEC.11; P.L.269-2003, SEC.3; P.L.1-2003, SEC.32; P.L.97-2004,
SEC.26.
IC 6-2.5-6-14
Repealed
(Repealed by P.L.97-2004, SEC.133.)
IC 6-2.5-6-14.1
Retail merchant's refund of gross retail or use taxes
Sec. 14.1. Notwithstanding the refund provisions of this article as
incorporated from the gross income tax law (IC 6-2.1, repealed), a
retail merchant is not entitled to a refund of state gross retail or use
taxes unless the retail merchant refunds those taxes to the person
from whom they were collected.
As added by P.L.97-2004, SEC.27.
IC 6-2.5-6-14.2
List of retail merchants selling tobacco products
Sec. 14.2. (a) The department shall annually compile a list of
retail merchants that sell tobacco products. The list must include the
following information:
(1) On a county by county basis:
(A) the name of each retail merchant that sells tobacco
products in the county; and
(B) the business address of each location in the county at
which a retail merchant sells tobacco products.
(2) The name and business address of each retail merchant that
has begun to sell tobacco products since the previous report was
compiled.
(3) The name and business address of each retail merchant that
has ceased to sell tobacco products since the previous report
was compiled.
(b) The department shall deliver each list prepared under this
section to:
(1) the division of mental health and addiction; and
(2) the alcohol and tobacco commission.
(c) A retail merchant that sells tobacco products shall provide the
department with the information required for the preparation of the
list under this section.
(d) The department shall prescribe a form to be used in collecting
information under this section from retail merchants that sell tobacco
products. A form prescribed under this subsection may be a modified
version of an existing form.
As added by P.L.97-2004, SEC.28.
IC 6-2.5-6-15
Repealed
(Repealed by P.L.81-2004, SEC.59.)
IC 6-2.5-6-16
Refund for research and development equipment
Sec. 16. (a) As used in this section, "research and development
equipment" has the meaning set forth in IC 6-2.5-5-40.
(b) A person is entitled to a refund equal to fifty percent (50%) of
the gross retail tax paid by the person under this article in a retail
transaction occurring after June 30, 2005, and before July 1, 2007,
to acquire research and development equipment.
(c) To receive the refund provided by this section, a person must
claim the refund under IC 6-8.1-9 in the manner prescribed by the
department.
As added by P.L.193-2005, SEC.11.
IC 6-2.5-6-17
Payment of gross retail tax for consignment sales
Sec. 17. (a) A retail merchant that is a consignee in a retail
transaction shall collect and remit the state gross retail tax on the
gross retail income received in a consignment sale.
(b) The retail merchant shall provide the consignor purchaser an
invoice that shows that the state gross retail tax was paid to the retail
merchant with a clear notation on the invoice that the item was a
consignment sale by the retail merchant on behalf of (insert the name
of the seller) to (insert the name of the purchaser).
As added by P.L.85-2009, SEC.1.