Indiana Code
Chapter 4.5. Partnership Audit and Administrative Adjustments
6-3-4.5-17. Inconsistent Reporting of Tax Attribute; Disclosure; Proposed Assessment; Timing; Reporting Considered Conclusive for Protest or Appeal

Sec. 17. (a) If the department determines that a taxpayer reported a tax attribute in an inconsistent manner with the partnership's reporting of the tax attribute and the taxpayer does not disclose the inconsistent reporting in a manner prescribed by the department, the department may issue a proposed assessment against the taxpayer as a result of the inconsistent reporting not later than:
(1) three (3) years after the due date of the partnership's return, including any valid extensions granted under IC 6-8.1-6-1;
(2) three (3) years after the partnership's return is filed with the department;
(3) in the case of the partnership's underreporting of its adjusted gross income by more than twenty-five percent (25%), the periods provided in subdivisions (1) and (2) shall be six (6) years;
(4) if the partnership fails to file a return required under IC 6-3-4-10, files a fraudulent return, or files a substantially blank return, no time limit; or
(5) the latest date for which the taxpayer could be assessed under IC 6-8.1-5-2;
whichever date is latest.
(b) For purposes of this section:
(1) if a partnership is required to file a return under IC 6-3-4-10 and fails to file such return or fails to provide the partner with a statement setting forth the tax attributes from the partnership, the taxpayer will be considered to have reported all tax attributes from the partnership in an inconsistent manner with the partnership's reporting of the tax attributes;
(2) in the case of a partner who owns a direct or indirect interest in a partnership that has made a valid election under Section 6221(b) of the Internal Revenue Code and has received a final federal adjustment with regard to an item of the partnership:
(A) the partner shall be considered to have reported items consistently with the partnership only if the partner properly reports the federal adjustment in a manner consistent with the federal treatment of such adjustment; and
(B) for purposes of this chapter, IC 6-8.1-5-2, and IC 6-8.1-9-1, the federal adjustment shall be considered a final federal adjustment with regard to such partner; and
(3) for purposes of any protest or appeal with regard to a proposed assessment under this section, any reporting by the partnership shall be considered conclusive with regard to the direct or indirect partners of the partnership, provided that the reporting by the partnership is determined to be neither fraudulent nor in bad faith.
As added by P.L.159-2021, SEC.18. Amended by P.L.137-2022, SEC.49.

Structure Indiana Code

Indiana Code

Title 6. Taxation

Article 3. State Income Taxes

Chapter 4.5. Partnership Audit and Administrative Adjustments

6-3-4.5-1. Definitions

6-3-4.5-1-b. Definitions

6-3-4.5-2. Amended Return; Pass Through Entity; Adjustment for a Review Year; State Adjustment; Partnerships and Tiered Partners; Numerical Tier

6-3-4.5-3. Department Audit or Investigation; Tax Attribute; Report of Proposed Partnership Adjustments

6-3-4.5-4. Partnership's Right to Protest and Appeal

6-3-4.5-5. Report of Partnership Adjustments; Timing; Protest; Appeal; Settlement Agreement

6-3-4.5-6. Partnership Duties; Partner Level Adjustments Report; Remittance; Tiered Partner Duties; Amended Return; Election

6-3-4.5-7. Partner Level Adjustments Report; Assessment; Adjustments to Tax Attributes

6-3-4.5-8. Filing of Amended Partnership Return; Remittance; Tiered Partners; Direct or Indirect Partners; Payment of Tax; Tax Attributes

6-3-4.5-9. Partnership Level Audit; Final Federal Adjustments; Election by an Audited Partnership; Consent to Indiana Law

6-3-4.5-9-b. Partnership Level Audit; Final Federal Adjustments; Election by an Audited Partnership; Consent to Indiana Law

6-3-4.5-10. Reporting and Payment Requirements; Tiered Partners; Rules

6-3-4.5-11. Procedures; Alternative Reporting and Payment Method; Application; Timing

6-3-4.5-12. Irrevocable Election; No Deduction or Credit; Other State or Local Tax Jurisdictions

6-3-4.5-13. Designation of a State Partnership Representative; Qualifications

6-3-4.5-14. Changes to a Report of Final Partnership Adjustments; Timing

6-3-4.5-15. Reports; Proposed Assessment; Timing; Protest; Appeal

6-3-4.5-16. Incorrect Reporting of Tax Attributes; Proposed Assessment; Refund; Reporting Considered Conclusive for Protest or Appeal

6-3-4.5-17. Inconsistent Reporting of Tax Attribute; Disclosure; Proposed Assessment; Timing; Reporting Considered Conclusive for Protest or Appeal

6-3-4.5-18. Reporting Requirements; Liability for Tax; Proposed Assessment Timing; Reduction of the Tax Attributable to Direct or Indirect Partner; Duty to Issue Report

6-3-4.5-18-b. Reporting Requirements; Liability for Tax; Proposed Assessment Timing; Reduction of the Tax Attributable to Direct or Indirect Partner; Duty to Issue Report

6-3-4.5-19. Remitting Payment on Behalf of a Partner; Claim for Refund

6-3-4.5-20. Partnership With More Than 10,000 Direct Owners; Extension of Time; Written Agreement; Automatic Extension; Rules