§ 6-3-4-6 — Furnishing federal return to department; notice of modification; amended returns

Indiana § 6-3-4-6

• Jurisdiction: Indiana
• Art. 3: STATE INCOME TAXES
• Ch. 4: Returns and Remittances

Text

(a) Any taxpayer, upon request by the department,
shall furnish to the department a true and correct copy of any tax return
which the taxpayer has filed with the United States Internal Revenue
Service which copy shall be certified to by the taxpayer under penalties
of perjury.
(b) Each taxpayer shall notify the department of any modification as
provided in subsection (c) of:
(1) a federal income tax return filed by the taxpayer after January
1, 1978; or
(2) the taxpayer's federal income tax liability for a taxable year
which begins after December 31, 1977.
The taxpayer shall file the notice on the form prescribed by the
department within one hundred twenty (120) days after the
modification is made if the modification was made before January 1,
2011, and one hundred eighty (180) days after the modification is made
if the modification is made after December 31, 2010.
(c) For purposes of subsection (b), a modification occurs on the date
on which a:
(1) taxpayer files an amended federal income tax return;
(2) final determination is made concerning an assessment of
deficiency;
(3) final determination is made concerning a claim for a refund;
(4) taxpayer waives the restrictions on assessment and collection
of all, or any part, of an underpayment of federal income tax by
signing a federal Form 870, or any other Form prescribed by the
Internal Revenue Service for that purpose. For purposes of this
subdivision:
(A) a final determination does not occur with respect to any part
of the underpayment that is not covered by the waiver; and
(B) if the signature of an authorized representative of the
Internal Revenue Service is required to execute a waiver, the
date of the final determination is the date of signing by the
authorized representative of the Internal Revenue Service or by
the taxpayer, whichever is later;
(5) taxpayer enters into a closing agreement with the Internal
Revenue Service concerning the taxpayer's tax liability under
Section 7121 of the Internal Revenue Code that is a final
determination. The date the taxpayer enters into a closing
agreement under this subdivision is the date the closing
agreement is signed by an authorized representative of the
Internal Revenue Service or by the taxpayer, whichever is later;
or
(6) modification or alteration in an amount of tax, adjusted gross
income, taxable income, credit, or other tax attribute is otherwise
made that is a final determination;
for a taxable year, regardless of whether a modification results in an
underpayment or overpayment of tax. In the case of a taxpayer that files
a consolidated return under section 14 of this chapter or either files or
is required to be included by the department in a combined return
under IC 6-3-2-2, the date on which the alteration or modification is
made shall be considered to be the last day on which an alteration or
modification occurs for any entity filing as part of the consolidated or
combined return.
(d) For purposes of subsection (c)(2) through (c)(6), a final
determination means an action or decision by a taxpayer, the Internal
Revenue Service (including the Appeals Division), the United States
Tax Court, or any other United States federal court concerning any
disputed tax issue that:
(1) is final and conclusive; and
(2) cannot be reopened or appealed by a taxpayer or the Internal
Revenue Service as a matter of law.
(e) If the federal modification results in a change in the taxpayer's
federal or Indiana adjusted gross income, the taxpayer shall file an
Indiana amended return within one hundred twenty (120) days after the
modification is made if the modification was made before January 1,
2011, and one hundred eighty (180) days after the modification is made
if the modification is made after December 31, 2010.
Formerly: Acts 1963(ss), c.32, s.406; Acts 1965, c.233, s.19. As
amended by Acts 1977(ss), P.L.4, SEC.11; P.L.119-1998, SEC.5;
P.L.254-2003, SEC.6; P.L.172-2011, SEC.59; P.L.242-2015, SEC.16;
P.L.159-2021, SEC.13.