§ 6-3-2-10 — Unemployment compensation; deduction

Indiana § 6-3-2-10

• Jurisdiction: Indiana
• Art. 3: STATE INCOME TAXES
• Ch. 2: Imposition of Tax and Deductions

Text

(a) For purposes of this section, "excess
adjusted gross income" means the greater of zero (0) or one-half (1/2)
of:
(1) the individual's adjusted gross income or the combined
adjusted gross income of the individual and the individual's
spouse, if the individual files a joint return with the individual's
spouse, as determined under Section 62 of the Internal Revenue
Code; plus
(2) any unemployment compensation excluded from federal gross
income under Section 85(c) of the Internal Revenue Code; minus
(3) the following amount:
(A) Eighteen thousand dollars ($18,000) for an individual who
files a joint tax return with the individual's spouse.
(B) Zero dollars ($0) if the individual:
(i) is married at the close of the taxable year, as determined
under Section 7703 of the Internal Revenue Code;
(ii) does not file a joint return for the taxable year; and
(iii) does not live apart from the individual's spouse at all
times during the taxable year.
(C) Twelve thousand dollars ($12,000) for an individual not
described in clause (A) or (B).
(b) "Eligible unemployment compensation" means unemployment
compensation received by an individual and included in the individual's
federal gross income under Section 85 of the Internal Revenue Code
plus any unemployment compensation received by the individual
excluded from federal gross income under Section 85(c) of the Internal
Revenue Code. The term does not include amounts not taxable under
this article as a result of 45 U.S.C. 352.
(c) An individual is entitled to a deduction against the individual's
adjusted gross income in an amount equal to the greater of zero (0) or
the remainder of:
(1) eligible unemployment compensation; minus
(2) excess adjusted gross income.
(d) For an individual and an individual's spouse described in
subsection (a)(3)(A):
(1) the deduction under subsection (c) shall be computed based on
the combined eligible unemployment compensation of the
individual and the individual's spouse; and
(2) this subsection and subsection (c) shall not be construed to
permit more than one (1) deduction under this section.

Legislative History

As added by P.L.2-1987, SEC.19. Amended by P.L.5-1988, SEC.46; P.L.182-2009(ss), SEC.196; P.L.165-2021, SEC.75.