§ 6-2.5-5-25 — Exemption; nonprofit organizations; uses to carry on its not-for-profit purpose; ordinary and usual activities and operations; required application process

Indiana § 6-2.5-5-25

• Jurisdiction: Indiana
• Art. 2.5: STATE GROSS RETAIL AND USE TAXES
• Ch. 5: Exempt Transactions of Retail Merchant

Text

(a) Transactions involving tangible personal
property, accommodations, or service are exempt from the state gross
retail tax, if the person acquiring the property, accommodations, or
service:
(1) is any of the following types of organizations:
(A) A fraternity, a sorority, or a student cooperative housing
organization that is connected with and under the supervision
of a postsecondary educational institution if no part of its
income is used for the private benefit or gain of any member,
trustee, shareholder, employee, or associate.
(B) Any:
(i) institution;
(ii) trust;
(iii) group;
(iv) united fund;
(v) affiliated agency of a united fund;
(vi) nonprofit corporation;
(vii) cemetery association; or
(viii) organization;
that is organized and operated exclusively for religious,
charitable, scientific, literary, educational, or civic purposes if
no part of its income is used for the private benefit or gain of
any member, trustee, shareholder, employee, or associate.
(C) A group, an organization, or a nonprofit corporation that is
organized and operated for fraternal or social purposes, or as a
business league or association, and not for the private benefit or
gain of any member, trustee, shareholder, employee, or
associate.
(D) A:
(i) hospital licensed by the Indiana department of health;
(ii) shared hospital services organization exempt from federal
income taxation by Section 501(c)(3) or 501(e) of the Internal
Revenue Code;
(iii) labor union;
(iv) church;
(v) monastery;
(vi) convent;
(vii) school that is a part of the Indiana public school system;
(viii) parochial school regularly maintained by a recognized
religious denomination; or
(ix) trust created for the purpose of paying pensions to
members of a particular profession or business who created
the trust for the purpose of paying pensions to each other;
if the taxpayer is not organized or operated for private profit or
gain;
(2) uses the property, accommodations, or service to carry on or
to raise money to carry on its not-for-profit purpose; and
(3) is not an organization operated predominantly for social
purposes.
(b) Transactions involving tangible personal property or service are
exempt from the state gross retail tax, if the person acquiring the
property or service:
(1) is a fraternity, sorority, or student cooperative housing
organization described in subsection (a)(1)(A); and
(2) uses the property or service to carry on its ordinary and usual
activities and operations as a fraternity, sorority, or student
cooperative housing organization.
(c) To obtain the exemption provided by this section, a taxpayer
must file an application for exemption with the department not later
than one hundred twenty (120) days after the taxpayer's formation. In
addition, the taxpayer must file a report with the department on or
before the fifteenth day of the fifth month every five (5) years following
the date of its formation. The report must be filed electronically with
the department in the manner determined by the department. If a
taxpayer fails to file the report, the department shall notify the taxpayer
of the failure. If within sixty (60) days after receiving such notice the
taxpayer does not provide the report, the taxpayer's exemption shall be
canceled. However, the department may reinstate the taxpayer's
exemption if the taxpayer shows by petition that the failure was due to
reasonable cause.
(d) Notwithstanding subsection (c), a taxpayer filing a report under
this subsection or section 21(d) of this chapter (prior to recodification)
after December 31, 2021, and before January 1, 2023, will be required
to file the next required report on or before the following dates:
(1) May 15, 2024, if the taxpayer does not have a federal
employer identification number or has a federal employer
identification number ending in 00 through 24, inclusive.
(2) May 15, 2025, if the taxpayer has a federal employer
identification number ending in 25 through 49, inclusive.
(3) May 15, 2026, if the taxpayer has a federal employer
identification number ending in 50 through 74, inclusive.
(4) May 15, 2027, if the taxpayer has a federal employer
identification number ending in 75 through 99, inclusive.
(e) For purposes of this section, "private benefit or gain" does not
include reasonable compensation paid to an employee for work or
services actually performed.
As added by Acts 1980, P.L.52, SEC.1. Amended by Acts 1980,
P.L.49, SEC.3; Acts 1981, P.L.77, SEC.5; P.L.192-2002(ss), SEC.56;
P.L.293-2013(ts), SEC.6; P.L.137-2022, SEC.30; P.L.56-2023,
SEC.40; P.L.118-2024, SEC.7.