IN State Tax - 14% Flashcards
Indiana income tax, corporate tax, and estate and gift tax
Adjusted Gross Income Tax- Individuals
Imposition and rate- 3.23% Tax Base- based on the taxpayer’s federal adjusted gross income w/ certain modifications
Adjusted Gross Income Tax.
Individuals
Imposition and Rate.
Resident individuals, trusts and estates. The entire adjusted gross income of resident individuals, trusts and estates is subject to adjusted gross income tax at a rate of 3.23%
Nonresident individuals, trusts and estates. The adjusted gross income of nonresident individuals, trusts and estates that is derived from sources Indiana is subject to adjusted gross income tax at a rate of 3.23%.
Adjusted Gross Income Tax.
Individuals
Residency
Residency.
(l) Only Indiana residents are taxed on their entire adjusted gross income.
(2) An Indiana individual resident is one who:
- was domiciled in Indiana during the taxable year; or
- maintains a permanent place of residence in Indiana and spends more than 183 days of the taxable year in Indiana.
(3) A person is domiciled in Indiana if he or she intends to reside in Indiana permanently or indefinitely and to return to Indiana whenever he or she leaves the state.
- A person is presumed to be domiciled in a state if, during the year, the person maintained a permanent place of residence in the state and did more than one of the following:
- Claimed a homestead credit or exemption or a military tax exemption on a home in that state;
- Voted in that state;
- Occupied a permanent place of residence in that state or other place of domicile for more days of the taxable year than in any other single state;
- Claimed a benefit on a federal income tax return based upon that state being the principal place of residence;
- Had a place of employment or business in that state.
- If a person’s domicile is not resolved above, then the Department may consider additional factors, including, but not limited to, the state where the person:
- Maintained a driver’s license or government issued identification card;
- Was registered to vote;
- Registered a vehicle;
- Claimed as dependents immediate family members who relied, in whole or in part, on the taxpayer for their support;
- Assigned or maintained a mailing address;
- Maintained bank accounts;
- Maintained active memberships in a religious, social, cultural, or professional organization;
- Received professional services; and
- Kept valuables or family heirlooms.
Adjusted Gross Income Tax.
Individuals
Tax Base for Individuals.
Indiana adjusted gross income is based on the taxpayer’s federal adjusted gross income with certain modifications.
Examples of Additions.
- Amount of certain state income taxes allowable as a federal deduction.
- Amount of net operating loss allowed as a federal deduction.
- Amount excluded from federal gross income for interest received on an obligation of a state other than Indiana, or political subdivision of such a state, that was acquired after December 31, 2011.
Examples of Subtractions.
- Income exempt from state taxation under federal law.
- $1,000 for individuals; $2,000 for a husband and T*ife filing jointly.
- Premiums paid for a qualified long-term care policy for the taxpayer and/or the taxpayer’s spouse.
- The lesser of $2,500 or the amount of property taxes paid during the taxable year by the taxpayer on the taxpayer’s primary residence.
- Qualified military income that was not excluded from the taxpayer’s gross income for federal tax purposes
Allocation and Apporitonment for Nonresidents and Corporations
nonbusiness income is allocated to certain states and business income is apportioned to all states in which nonresidents and corporations derive income and only that part which is allocated or apportioned to Indiana is subject to Indiana gross income tax.
Apportionment
the method by which income is divided among Indiana and other state from which income is derived Business income is apportioned
Business v. Nonbusiness Income For Individuals
For individuals, consider whether the income was generated from business activities of the taxpayer or whether the income was passive in nature.
Business v. Nonbusiness Income for Individuals
For individuals, consider whether the income was generated from business activities of the taxpayer OR whether the income was passive in nature.
Examples
- An Ohio resident is a sales rep and earned wages from sales actisities in Indiana, Kentucky and Ohio. This income is business income and is apportioned among the states in which the income is derived
- The Ohio resident also has a bank account in Texas and earned interest income on deposits. The Ohio resident is not in the banking business and, thus, the interest generated on the account is allocable nonbusiness income.
Business vs. Nonbusiness Income Analysis for Corporations
Is there a unitary business relationship between the parties to the transaction? (1) If yes, the income is apportion able business income. (2) If not, was the underlying asset generating the income an operational asset? (3) If not, was the underlying asset, generating the income a discrete investment asset?
Capital Gains and Losses
From capital gains attributable to the sale of real property located in this state. From capital gains attributable to the the sale of tangible personal property if (1) the property has a situs in this state, or (2) if the taxpayer’s commercial domicile is in this state and the taxpayer is not taxable I the state in which the property has a situs. From capital gains attributable to the sale of intangible personal property if the taxpayer’s commercial domicile is in this state.
Changes in the Use tax
A retail merchant that does not have a physical presence in Indiana, shall as an agent for the state, collect the gross retail tax on a retail transaction made in Indiana, remit the gross retail tax to the state, and comply with all the procedures and requirements as if the merchant has a physical presence in Indiana, if the retail merchant meets either of the following conditions for the calendar year in which the retail transaction is made or the calendar year preceding the calendar year in which the retail transaction is made
Changes in the Use tax
A retail merchant that does not have a physical presence in Indiana, shall as an agent for the state, collect the gross retail tax on a retail transaction made in Indiana, remit the gross retail tax to the state, and comply with all the procedures and requirements as if the merchant has a physical presence in Indiana, if the retail merchant meets either of the following conditions for the calendar year in which the retail transaction is made or the calendar year preceding the calendar year in which the retail transaction is made
Examples of transactions considered selling at retail and subject to sales tax
(1) Renting of tangible personal property; (2) Renting of rooms or lodging for a period of less than 30 days. (3) furnishing intrastate telecommunication services; (4) Furnishing certain cable or satellite television or radio service; (5) Selling tangible personal property at auction; (6) Selling prepaid calling service or authorization number; (7) Leasing or renting an aircraft and providing flight instruction services to the lessee or renter during the term of the lease or
Examples of transactions considered selling at retail and subject to sales tax
(1) Renting of tangible personal property; (2) Renting of rooms or lodging for a period of less than 30 days. (3) furnishing intrastate telecommunication services; (4) Furnishing certain cable or satellite television or radio service; (5) Selling tangible personal property at auction; (6) Selling prepaid calling service or authorization number; (7) Leasing or renting an aircraft and providing flight instruction services to the lessee or renter during the term of the lease or
Federal Limitations on States’ Taxing Authority
The scope of state’s authority to tax is subject to certain federal limitations found in the U.S constitution: (1) Due Process Clause; (2) Commerce Clause; (3) Federal Interstate Income Law
How is Business Income derived from sources within Indinana determined?
By multiplying all business income from whatever source derived by the Sales Factor
If a person’s domicile is not resolved by the first statute, the the Department may consider additional factors, including but not limited to
The state where the person:
(1) Maintained a driver’s license or government issued I.D card;
(2) was registered to vote;
(3) registered a vehicle;
(4) claimed as dependents immediate family members who relied in whole or in part on the taxpayer for their support;
(5) Assigned or maintained a mailing address;
(6) maintained bank accounts;
If a person’s domicile is not resolved by the first statute, the the Department may consider additional factors, including but not limited to
The state where the person:
(1) Maintained a driver’s license or government issued I.D card;
(2) was registered to vote;
(3) registered a vehicle;
(4) claimed as dependents immediate family members who relied in whole or in part on the taxpayer for their support;
(5) Assigned or maintained a mailing address;
(6) maintained bank accounts;
If not was the underlying asset generating the income a discrete investment asset?
If the asset is a discrete investment asset the income is allocable nonbusiness income.
If not was the underlying asset generating the income an operational asset?
An asset may be party.of a taxpayer’s unitary business even if there is not unitary business relationship between the payor and payee. Consider whether the asset serves an operational function; whether the asset was a unitary part of the business being conducted in the taxing State weather than a discrete asset to which the State has no claim. If the asset serves an operational function of a unitary business the income is apportion ablebusiness income.
Indiana Tax Court
If a taxpayer wishes to contest the Dpearmtnes decision on a protect or Claim for Refund the taxpayer must file suit in Indiana Tax Court.
Interest and Dividends
From interest and dividends if the taxpayer’s commercial domiciles is in this state.
List of Indiana Taxes
- Income Taxes.
- Adjusted Gross Income Tax.
- Utility Receipts Tax.
- Financial Institutions Tax (franchise tax measured by income).
- Sales And Use Tax.
- Property Tax.
- Other Listed Taxes.
Nonresidents- Adjusted Gross Income Tax
Income is allocated to certain states and apportioned to all states in which they derive income and only that part which is allocated or apportioned to Indiana is subject to Indiana gross income tax.
Rents and Royalties from tangible property
(1) From real property located in this state. (2) From tangible personal property (a) if and to the extent that the property is used in this state, or (b) in their entirety if the taxpayer’s commercial domicile is in the state and the taxpayer is not organized under the laws or taxable in the state in which the property is used.
Royalties and Intangible Property
From patent or copyright royalties (1) if an to the extent the patent or copyright is utilized by the taxpayer in this state; or (2) if and to the extent the patent is used in a state in which the taxpayer is not taxable and the taxpayer’s commercial domicile is in this state.