This text of Indiana § 20-26-5-37.2 (School corporation delinquencies on FICA taxes) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
2.
(a)This section applies to school
corporations and charter schools that are required to do any of the
following:
(1)Pay to the Internal Revenue Service employer and employee
taxes imposed after June 30, 2016, under FICA.
(2)Pay to the department of state revenue amounts that are
deducted and withheld as taxes after June 30, 2016, under IC 6-3-4-8.
(b)As used in this section, "delinquency" or "delinquent" refers to
either of the following:
(1)Failing to pay FICA taxes within thirty (30) days after the
taxes are due.
(2)Failing to pay to the department of state revenue amounts that
are deducted and withheld as taxes under IC 6-3-4-8 after June
30, 2016, (including any known accrued interest and penalties on
those taxes) within thirty (30) days after the payment of those
withheld tax
Free access — add to your briefcase to read the full text and ask questions with AI
2. (a) This section applies to school
corporations and charter schools that are required to do any of the
following:
(1) Pay to the Internal Revenue Service employer and employee
taxes imposed after June 30, 2016, under FICA.
(2) Pay to the department of state revenue amounts that are
deducted and withheld as taxes after June 30, 2016, under IC 6-3-4-8.
(b) As used in this section, "delinquency" or "delinquent" refers to
either of the following:
(1) Failing to pay FICA taxes within thirty (30) days after the
taxes are due.
(2) Failing to pay to the department of state revenue amounts that
are deducted and withheld as taxes under IC 6-3-4-8 after June
30, 2016, (including any known accrued interest and penalties on
those taxes) within thirty (30) days after the payment of those
withheld taxes is due.
(c) As used in this section, "due date" refers to:
(1) the date by which employer and employee taxes owed by a
school corporation or a charter school under FICA must be paid
to the Internal Revenue Service; or
(2) the date by which amounts that are deducted and withheld as
taxes under IC 6-3-4-8 must be paid to the department of state
revenue;
as applicable.
(d) As used in this section, "FICA" refers to the Federal Insurance
Contributions Act.
(e) As used in this section, "FICA taxes" refers to employer and
employee taxes imposed after June 30, 2016, under FICA. The term
includes any known accrued interest and penalties.
(f) If a school corporation or a charter school:
(1) fails to pay FICA taxes in full to the Internal Revenue Service
within thirty (30) days after the due date; or
(2) fails to pay amounts that are deducted and withheld as taxes
under IC 6-3-4-8 after June 30, 2016, (including any known
accrued interest and penalties on those taxes) within thirty (30)
days after the due date;
the school business official or school financial officer responsible for
ensuring that a school corporation's or charter school's tax payments are
made shall report the school corporation's or charter school's
delinquency to the governing body of the school corporation or charter
school not later than forty-five (45) days after the due date. The school
official or school financial officer shall make a report under this
subsection each time the school corporation or charter school fails to
pay FICA taxes within thirty (30) days after the due date or fails to pay
amounts that are deducted and withheld as taxes under IC 6-3-4-8
(including any known accrued interest and penalties on those taxes)
within thirty (30) days after the due date.
(g) Not later than thirty (30) days after receiving a report under
subsection (f), the governing body of the school corporation or charter
school shall hold a public meeting at which:
(1) the governing body shall provide a report on the school
corporation's or charter school's failure to pay:
(A) FICA taxes; or
(B) amounts that are deducted and withheld as taxes under IC 6-3-4-8;
as applicable; and
(2) interested parties are permitted to testify regarding the school
corporation's or charter school's failure to pay FICA taxes or
amounts that are deducted and withheld as taxes under IC 6-3-4-8
(as applicable).
(h) This subsection applies if, within a three hundred sixty-five
(365) day period, a school corporation or charter school is:
(1) delinquent in paying FICA taxes two (2) or more times; or
(2) delinquent in paying amounts that are deducted and withheld
as taxes under IC 6-3-4-8 after June 30, 2016, two (2) or more
times.
Not later than forty-five (45) days after a school corporation or charter
school is delinquent for the second or subsequent time, the school
corporation or charter school shall notify the department, the budget
agency, and the distressed unit appeal board of the delinquency.