Sec. 10. (a) A taxpayer complying with IC 6-2.5-2-1(d), voluntarily or otherwise, may seek only a refund under IC 6-8.1-9 of taxes, interest, and penalties that have been paid to and collected by the department. However, a refund may not be granted on the basis that the taxpayer lacked a physical presence in Indiana and complied with IC 6-2.5-2-1(d) voluntarily.
(b) IC 6-2.5-2-1(d), section 9 of this chapter, and this section do not limit the ability of any taxpayer to obtain a refund for any other reason, including a mistake of fact or mathematical miscalculation of the applicable tax.
(c) A retail merchant that remits gross retail tax voluntarily or otherwise under IC 6-2.5-2-1(d) is not liable to a purchaser who claims that the sales tax has been overcollected if IC 6-2.5-2-1(d) is later found unlawful.
(d) IC 6-2.5-2-1(d) does not affect the obligation of any purchaser to remit use tax as required under IC 6-2.5-3.
As added by P.L.247-2017, SEC.4. Amended by P.L.146-2020, SEC.18.
Structure Indiana Code
Article 2.5. State Gross Retail and Use Taxes
Chapter 9. Enforcement and Penalties
6-2.5-9-1. Exemption Certificates; Unlawful Issuance or Acceptance; Offenses
6-2.5-9-3.5. Marketplace Facilitator Relief of Liability for Failure to Collect Sales Tax
6-2.5-9-7. Removing or Altering Sign Posted by Department; Failure to Notify Department; Offense
6-2.5-9-8. Records; Inspection; Falsification; Offenses
6-2.5-9-9. Declaratory Judgment Action; Retail Merchant That Lacks a Physical Presence in Indiana
6-2.5-9-10. Refund Claims; Retail Merchant That Lacks a Physical Presence in Indiana