This text of Indiana § 6-8.1-6-1 (Due date extensions; requirements; tax payments; penalties and interest) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)This subsection does not apply to a person's
Indiana adjusted gross income tax return or a person's financial
institutions tax return. If a person responsible for filing a tax return is
unable to file the return by the appropriate due date, the person may
petition the department, before that due date, for a filing extension.
When the department receives the petition, the department shall grant
the person a sixty (60) day extension.
(b)If a person responsible for filing a tax return has received an
extension of the due date and is still unable to file the return by the
extended due date, the person may petition the department for another
extension. The person must include in the petition a statement of the
reasons for the person's inability to file the return by the due date. If the
de
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(a) This subsection does not apply to a person's
Indiana adjusted gross income tax return or a person's financial
institutions tax return. If a person responsible for filing a tax return is
unable to file the return by the appropriate due date, the person may
petition the department, before that due date, for a filing extension.
When the department receives the petition, the department shall grant
the person a sixty (60) day extension.
(b) If a person responsible for filing a tax return has received an
extension of the due date and is still unable to file the return by the
extended due date, the person may petition the department for another
extension. The person must include in the petition a statement of the
reasons for the person's inability to file the return by the due date. If the
department finds that the person's petition is proper and that the person
has good cause for requesting the extension, the department may
extend the person's due date for any period that the department deems
reasonable under the circumstances. The department may allow
additional, successive extensions if the person properly petitions for the
extension before the end of the person's current extension period.
(c) The following apply only to a person's Indiana adjusted gross
income tax return or a person's financial institutions tax return:
(1) If the Internal Revenue Service allows a person an extension
on the person's federal income tax return, the corresponding due
dates for the person's Indiana income tax returns are automatically
extended to the last day as the federal extension, plus one (1)
month. For purposes of this subdivision, if the last day of the
federal extension is a Saturday, Sunday, a national legal holiday
recognized by the federal government, or a statewide holiday, the
last day of the federal extension shall be determined without
regard to Saturdays, Sundays, or holidays.
(2) If a person petitions the department for a filing extension for
the person's Indiana adjusted gross income tax return or financial
institutions tax return without obtaining an extension for filing the
person's federal income tax return, the department shall extend
the person's due date for the person's Indiana adjusted gross
income tax return or financial institutions tax return for the same
period that the person would have been allowed under subdivision
(1) if the person had been granted an extension by the Internal
Revenue Service. For purposes of this subdivision, if a person
files an extension request for the person's federal income tax
return for a taxable year but the extension is denied by the
Internal Revenue Service, the department shall consider the
person to have filed an extension under this subsection for that
taxable year, provided that the person did not have a previous
extension request denied by the Internal Revenue Service for that
taxable year.
(d) A person submitting a petition for an extension under this
section is not required to include any payment of tax with the petition.
However, a person obtaining an extension under this section must pay
at least ninety percent (90%) of the tax that is reasonably expected to
be due on the original due date by that due date, or the person may be
subject to the penalties imposed for failure to pay the tax. This
subsection does not apply to payments required under IC 6-3-4-12(k)
and IC 6-3-4-13(l).
(e) Any tax that remains unpaid during an extension period accrues
interest at a rate established under IC 6-8.1-10-1 from the original due
date, but that tax will not accrue any late payment penalties until the
extension period has ended. Any penalties must be determined based
on the amount of tax not paid on or before the end of the extension
period after application of payments provided under IC 6-8.1-8-1.5 and
determined as of the deadline of the extension period.
As added by Acts 1980, P.L.61, SEC.1. Amended by
P.L.48-1994, SEC.1; P.L.190-2014, SEC.26; P.L.137-2022,
SEC.85.