§ 6-3-1-11 — "Internal Revenue Code"

Indiana § 6-3-1-11

• Jurisdiction: Indiana
• Art. 3: STATE INCOME TAXES
• Ch. 1: Definitions

Text

(a) The term "Internal Revenue Code" means
the Internal Revenue Code of 1986 of the United States as amended
and in effect on January 1, 2023.
(b) Whenever the Internal Revenue Code is mentioned in this
article, or in another provision of the Indiana Code that cites the
definition of "Internal Revenue Code" provided in this section, the
particular provisions that are referred to, together with all the other
provisions of the Internal Revenue Code in effect on January 1, 2023,
that pertain to the provisions specifically mentioned, shall be regarded
as incorporated in this article by reference and have the same force and
effect as though fully set forth in this article. To the extent that a
federal statute in the United States Code is enacted or amended in a
title other than the Internal Revenue Code on or before January 1,
2023, and affects federal adjusted gross income, federal taxable
income, federal tax credits, or other federal tax attributes, the federal
statute shall be considered to be part of the Internal Revenue Code as
amended and in effect on January 1, 2023. To the extent:
(1) the provisions of the Internal Revenue Code apply to this
article, regulations adopted under Section 7805(a) of the Internal
Revenue Code, and in effect on January 1, 2023; and
(2) a federal statute in the United States Code that is enacted or
amended in a title other than the Internal Revenue Code on or
before January 1, 2023, and affects federal adjusted gross income,
federal taxable income, federal tax credits, or other federal tax
attributes applies to this article, regulations adopted under the
federal statute of the United States Code and in effect on January
1, 2023;
shall be regarded as rules adopted by the department under this article,
unless the department adopts specific rules that supersede the
regulation.
(c) An amendment to the Internal Revenue Code made by an act
passed by Congress before January 1, 2023, other than the federal 21st
Century Cures Act (P.L. 114-255) and the federal Disaster Tax Relief
and Airport and Airway Extension Act of 2017 (P.L. 115-63), that is
effective for any taxable year that began before January 1, 2023, and
that affects:
(1) individual adjusted gross income (as defined in Section 62 of
the Internal Revenue Code);
(2) corporate taxable income (as defined in Section 63 of the
Internal Revenue Code);
(3) trust and estate taxable income (as defined in Section 641(b)
of the Internal Revenue Code);
(4) life insurance company taxable income (as defined in Section
801(b) of the Internal Revenue Code);
(5) mutual insurance company taxable income (as defined in
Section 821(b) of the Internal Revenue Code); or
(6) taxable income (as defined in Section 832 of the Internal
Revenue Code);
is also effective for that same taxable year for purposes of determining
adjusted gross income under section 3.5 of this chapter and IC 6-5.5-1-2.
(d) This subsection applies to a taxable year ending before January
1, 2013. The following provisions of the Internal Revenue Code that
were amended by the Tax Relief Act, Unemployment Insurance
Reauthorization, and Job Creation Act of 2010 (P.L. 111-312) are
treated as though they were not amended by the Tax Relief Act,
Unemployment Insurance Reauthorization, and Job Creation Act of
2010 (P.L. 111-312):
(1) Section 1367(a)(2) of the Internal Revenue Code pertaining to
an adjustment of basis of the stock of shareholders.
(2) Section 871(k)(1)(C) and 871(k)(2)(C) of the Internal
Revenue Code pertaining the treatment of certain dividends of
regulated investment companies.
(3) Section 897(h)(4)(A)(ii) of the Internal Revenue Code
pertaining to regulated investment companies qualified entity
treatment.
(4) Section 512(b)(13)(E)(iv) of the Internal Revenue Code
pertaining to the modification of tax treatment of certain
payments to controlling exempt organizations.
(5) Section 613A(c)(6)(H)(ii) of the Internal Revenue Code
pertaining to the limitations on percentage depletion in the case
of oil and gas wells.
(6) Section 451(i)(3) of the Internal Revenue Code pertaining to
special rule for sales or dispositions to implement Federal Energy
Regulatory Commission or state electric restructuring policy for
qualified electric utilities.
(7) Section 954(c)(6) of the Internal Revenue Code pertaining to
the look-through treatment of payments between related
controlled foreign corporation under foreign personal holding
company rules.
The department shall develop forms and adopt any necessary rules
under IC 4-22-2 to implement this subsection.
Formerly: Acts 1963(ss), c.32, s.111; Acts 1965, c.233, s.3;
Acts 1967, c.345, s.2; Acts 1969, c.326, s.2; Acts 1971, P.L.64, SEC.2;
Acts 1973, P.L.49, SEC.3; Acts 1975, P.L.60, SEC.1. As amended by
Acts 1977, P.L.78, SEC.1; Acts 1978, P.L.44, SEC.1; Acts 1979,
P.L.67, SEC.1; Acts 1980, P.L.55, SEC.1; Acts 1981, P.L.82, SEC.2;
Acts 1982, P.L.52, SEC.2; P.L.82-1983, SEC.2; P.L.49-1984, SEC.2;
P.L.74-1985, SEC.1; P.L.71-1986, SEC.1; P.L.2-1987, SEC.17;
P.L.63-1988, SEC.5; P.L.89-1989, SEC.1; P.L.35-1990, SEC.11;
P.L.64-1991, SEC.1; P.L.43-1992, SEC.9; P.L.74-1993, SEC.1;
P.L.19-1994, SEC.7; P.L.85-1995, SEC.9; P.L.60-1997, SEC.2;
P.L.119-1998, SEC.4; P.L.2-2000, SEC.1; P.L.9-2001, SEC.1;
P.L.177-2002, SEC.11; P.L.192-2002(ss), SEC.69; P.L.105-2003,
SEC.2; P.L.246-2005, SEC.70; P.L.184-2006, SEC.4; P.L.234-2007,
SEC.41; P.L.131-2008, SEC.12; P.L.182-2009(ss), SEC.188;
P.L.113-2010, SEC.54; P.L.229-2011, SEC.84; P.L.137-2012, SEC.53;
P.L.205-2013, SEC.81; P.L.242-2015, SEC.15; P.L.204-2016, SEC.15;
P.L.214-2018(ss), SEC.3; P.L.234-2019, SEC.8; P.L.146-2020,
SEC.22; P.L.165-2021, SEC.72; P.L.194-2023, SEC.8.