(a)This section does not apply to an
employee's permit under IC 7.1-3-18-9.
(b)The commission shall not renew or transfer a wholesaler,
retailer, dealer, or other permit of any type if the applicant:
(1)is seeking a renewal and the applicant has not paid all the
property taxes under IC 6-1.1 and the innkeeper's tax under IC 6-9
that are due currently;
(2)is seeking a transfer and the applicant has not paid all the
property taxes under IC 6-1.1 and innkeeper's tax under IC 6-9 for
the assessment periods during which the transferor held the
permit;
(3)is seeking a renewal or transfer and is at least thirty (30) days
delinquent in remitting state gross retail taxes under IC 6-2.5 or
withholding taxes required to be remitted under IC 6-3-4;
(4)is on the most recent tax warrant list suppl
Free access — add to your briefcase to read the full text and ask questions with AI
(a) This section does not apply to an
employee's permit under IC 7.1-3-18-9.
(b) The commission shall not renew or transfer a wholesaler,
retailer, dealer, or other permit of any type if the applicant:
(1) is seeking a renewal and the applicant has not paid all the
property taxes under IC 6-1.1 and the innkeeper's tax under IC 6-9
that are due currently;
(2) is seeking a transfer and the applicant has not paid all the
property taxes under IC 6-1.1 and innkeeper's tax under IC 6-9 for
the assessment periods during which the transferor held the
permit;
(3) is seeking a renewal or transfer and is at least thirty (30) days
delinquent in remitting state gross retail taxes under IC 6-2.5 or
withholding taxes required to be remitted under IC 6-3-4;
(4) is on the most recent tax warrant list supplied to the
commission by the department of state revenue; or
(5) does not provide the commission with property tax clearance
Form 1.
(c) The commission shall renew or transfer a permit that the
commission denied under subsection (b) when the appropriate one (1)
of the following occurs:
(1) The person, if seeking a renewal, provides to the commission
a statement from the county treasurer of the county in which the
property of the applicant was assessed indicating that all the
property taxes under IC 6-1.1 and, in a county where the county
treasurer collects the innkeeper's tax, the innkeeper's tax under IC 6-9 that were delinquent have been paid.
(2) The person, if seeking a transfer of ownership, provides to the
commission a statement from the county treasurer of the county
in which the property of the transferor was assessed indicating
that all the property taxes under IC 6-1.1 and, in a county where
the county treasurer collects the innkeeper's tax, the innkeeper's
tax under IC 6-9 have been paid for the assessment periods during
which the transferor held the permit.
(3) The person provides to the commission a statement from the
commissioner of the department of state revenue indicating that
the person's tax warrant has been satisfied, including any
delinquency in innkeeper's tax if the state collects the innkeeper's
tax for the county in which the person seeks the permit.
(4) The commission receives a notice from the commissioner of
the department of state revenue under IC 6-8.1-8-2(k).
(5) The commission receives a notice from the commissioner of
the department of state revenue stating that the state gross retail
and withholding taxes described in subsection (b)(3) have been
remitted to the department.
(d) The commission shall not issue a new wholesaler, retailer,
dealer, or other permit of any type if the applicant:
(1) has not paid all the applicant's property taxes under IC 6-1.1
and innkeeper's tax under IC 6-9 that are due;
(2) is at least thirty (30) days delinquent in remitting state gross
retail taxes under IC 6-2.5 or withholding taxes required to be
remitted under IC 6-3-4;
(3) is on the most recent tax warrant list supplied to the
commission by the department of state revenue; or
(4) does not provide the commission with property tax clearance
Form 1.
(e) The commission shall issue a new permit that the commission
denied under subsection (d) when one (1) of the following occurs:
(1) The applicant provides to the commission a statement from
the commissioner of the department of state revenue indicating
that the applicant's tax warrant has been satisfied, including any
delinquency in innkeeper's tax if the state collects the innkeeper's
tax for the county in which the applicant seeks the permit.
(2) The commission receives a notice of release from the
commissioner of the department of state revenue under IC 6-8.1-8-2(k).
(3) The commission receives a notice from the commissioner of
the department of state revenue stating that the state gross retail
and withholding taxes described in subsection (d)(2) have been
remitted to the department.
(f) An applicant for issuance of a new permit, renewal, or transfer
may not be considered delinquent in the payment of a listed tax (as
defined by IC 6-8.1-1-1) if the applicant has filed a proper protest
under IC 6-8.1-5-1 contesting the remittance of those taxes. The
applicant shall be considered delinquent in the payment of those taxes
if the applicant does not remit the taxes owed to the state department
of revenue after the later of the following:
(1) The expiration of the period in which the applicant may appeal
the listed tax to the tax court, in the case of an applicant who does
not file a timely appeal of the listed tax.
(2) When a decision of the tax court concerning the applicant's
appeal of the listed tax becomes final, in the case of an applicant
who files a timely appeal of the listed tax.
(g) The commission may require that an applicant for the issuance
of a new permit, renewal, or transfer of a wholesaler's, retailer's, or
dealer's, or other permit of any type furnish proof of the payment of a
listed tax (as defined by IC 6-8.1-1-1), tax warrant, or taxes imposed by
IC 6-1.1 or receipt of property tax clearance Form 1.
(h) The commission may issue to any applicant for renewal of a
permit that is delinquent in the payment of a listed tax (as defined in IC 6-8.1-1-1) not more than one (1) ninety (90) day extension of the term
of the permit.