§ 6-8.1-5-1.5 — Secondary review; procedures; agreement

Indiana § 6-8.1-5-1.5

• Jurisdiction: Indiana
• Art. 8.1: DEPARTMENT OF STATE REVENUE; TAX
• Ch. 5: Assessment of Taxes

Text

5. (a) This section applies to:
(1) department audits, investigations, or reviews; and
(2) amended returns filed by a taxpayer;
that result in an adjustment to a net operating loss, capital loss, credit,
or other tax attribute that does not result in an assessment or refund
denial for any taxable year at the time of the adjustment.
(b) A taxpayer may request a secondary review of any adjustments
made by the department or by the taxpayer within sixty (60) days from
the date of notice of the adjustments based on:
(1) the department's audit, investigation, or review; or
(2) the amended return filed by the taxpayer;
whichever is applicable.
(c) If a taxpayer requests a secondary review under this section, the
department shall review the taxpayer's request and may, upon the
request of the taxpayer, conduct a conference regarding the adjustment.
(d) Upon completion of the department's secondary review, the
department shall either:
(1) determine that the previous adjustments were correct; or
(2) issue revised adjustments of relevant tax attributes.
(e) A taxpayer and the department may enter into a binding
agreement to resolve, in whole or in part, any issues relating to one (1)
or more adjustments.
(f) Except as provided in subsection (e), for purposes of:
(1) IC 6-8.1-5-1;
(2) IC 6-8.1-9-1; or
(3) an appeal related to subdivision (1) or (2);
an adjustment described in subsection (a) or the result of the
department's secondary review under subsection (d) does not constitute
a final determination and may not be construed to treat any adjustment
as finally determined.

Legislative History

As added by P.L.146-2020, SEC.41.