Sec. 7.1. (a) As used in this section, "fiscal officer" means:
(1) a fiscal officer (as defined in IC 36-1-2-7); and
(2) in the case of a county, the county treasurer.
(b) The department shall enter into an agreement with the fiscal officer of an entity that has adopted an innkeeper's tax, a food and beverage tax, or an admissions tax under IC 6-9 to furnish the fiscal officer annually with:
(1) the name of each business collecting the taxes listed in this subsection; and
(2) the amount of money collected from each business.
For an innkeeper's tax or food and beverage tax remitted through a marketplace facilitator, the information must include the name of each business and the amount of money collected from each business by a marketplace facilitator acting on behalf of the business.
(c) The agreement must provide that the department must provide the information in an electronic format that the fiscal officer can use.
(d) The agreement must include a provision that, unless in accordance with a judicial order, the fiscal officer, employees of the fiscal officer, former employees of the fiscal officer, counsel of the fiscal officer, agents of the fiscal officer, or any other person may not divulge the names of the businesses, the amount of taxes paid by the businesses, or any other information disclosed to the fiscal officer by the department.
(e) The department shall also enter into an agreement with the fiscal officer of a capital improvement board of managers:
(1) created under IC 36-10-8 or IC 36-10-9; and
(2) that is responsible for expenditure of funds from:
(A) an innkeeper's tax, a food and beverage tax, or an admissions tax under IC 6-9;
(B) the supplemental auto rental excise tax under IC 6-6-9.7; or
(C) the state gross retail taxes allocated to a professional sports development area fund, a sports and convention facilities operating fund, or other fund under IC 36-7-31 or IC 36-7-31.3;
to furnish the fiscal officer annually with the name of each business collecting the taxes listed in this subsection, and the amount of money collected from each business. An agreement with a fiscal officer under this subsection must include a nondisclosure provision the same as is required for a fiscal officer under subsection (d).
As added by P.L.178-2002, SEC.72. Amended by P.L.242-2015, SEC.33; P.L.108-2019, SEC.133; P.L.146-2020, SEC.36.
Structure Indiana Code
Article 8.1. Department of State Revenue; Tax Administration
Chapter 3. Duties, Powers, and Responsibilities
6-8.1-3-2. Employees; Hiring; Compensation; Conflict of Interest
6-8.1-3-2.2. Unauthorized Investigations or Surveillance
6-8.1-3-2.5. Employee Evaluations Based on Revenue Collected or Tax Liability Assessed
6-8.1-3-2.6. Certification of Compliance With Employee Evaluation Criteria
6-8.1-3-3. Adoption of Rules; Copies of Rules and Statements
6-8.1-3-4. Forms; Electronic Format
6-8.1-3-5. Signature on Documents
6-8.1-3-8. Representation of Taxpayers Before Department; Qualifications; Requirements
6-8.1-3-8.5. Taxpayer Hearings
6-8.1-3-10. Contracts for Services
6-8.1-3-11. Mailing of Documents
6-8.1-3-11.2. Notice Statement; Documents That Establish a Deadline
6-8.1-3-13. Criminal Prosecutions; Civil Actions
6-8.1-3-15. Report; Uncollectible Delinquent Tax Liabilities
6-8.1-3-17. Settlement of Tax Liability Disputes; Waiver of Interest and Penalties
6-8.1-3-20. Duty to Enter a Memorandum of Understanding With the Indiana Gaming Commission
6-8.1-3-21. Indiana to Become Member of Multistate Tax Commission; Cost of Membership
6-8.1-3-23. Information Sharing; Business Formation
6-8.1-3-25. Deposit of Amounts Collected Under an Amnesty Program
6-8.1-3-26. Report; Geographic Information Systems Mapping of Local Income Tax Collection
6-8.1-3-28. Procedures When Tax Is Distributed to a County in Error