Ind. Code ch. 6-5.5-7

Ind. Code § 6-5.5-7-1 Failure to make payment; underpayments; estimated payments

Sec. 1. (a) For purposes of this section, "final tax liability" has the meaning set forth in IC 6-3-4-4.2(a)(1). (b) The penalty at the rate prescribed by IC 6-8.1-10-2.1(b) shall be assessed by the department on a taxpayer who fails to make payments as required in IC 6-5.5-6. However, no penalty shall be assessed for a quarterly payment if the payment equals or exceeds: (1) twenty percent (20%) of the final tax liability for the taxable year; or (2) twenty-five percent (25%) of the final tax liability for the taxpayer's previous taxable year. (c) The penalty for an underpayment of tax on a quarterly return shall only be assessed on the difference between the actual amount paid by the taxpayer on the quarterly return and the lesser of: (1) twenty percent (20%) of the taxpayer's final tax liability for the taxable year; or (2) twenty-five percent (25%) of the taxpayer's final tax liability for the taxpayer's previous taxable year. A payment required to be made in the manner prescribed in IC 6-5.5-6-3(c), but not paid in such a prescribed manner, shall be subject to the penalty provided in IC 6-8.1-10-2.1(b)(5). (d) For a corporation required to make estimated payments under this section: (1) if a corporation has a current taxable year that is less than twelve (12) months, the amounts under subsections (b) and (c) shall be adjusted in the same manner as an estimated payment required under IC 6-3-4-4.2; and (2) any taxes withheld on behalf of the corporation under IC 6-3-4 or IC 6-5.5-2-8, and any taxes remitted on behalf of the corporation under IC 6-3-2.1, shall be treated as estimated tax payments on behalf of the corporation for purposes of this section. Such taxes shall be attributed to each required payment in the manner the underlying income is attributed under Section 6655 of the Internal Revenue Code. As added by P.L.347-1989(ss), SEC.1. Amended by P.L.1-1991, SEC.55; P.L.159-2021, SEC.29; P.L.205-2025, SEC.14; P.L.128-2026, SEC.25.

Ind. Code § 6-5.5-7-2 Violation of article; violation of preparing or filing return

Sec. 2. A taxpayer who: (1) violates IC 6-5.5; or (2) fails to comply with the request of the department made under IC 6-5.5-6; commits a Class C infraction. As added by P.L.347-1989(ss), SEC.1.

Ind. Code § 6-5.5-7-3 False entries in books; multiple books; failure to make return; false returns

Sec. 3. A taxpayer who: (1) makes false entries in the taxpayer's books; (2) keeps more than one (1) set of books; (3) fails to make a return required to be made under this chapter; or (4) makes a false return or false statement in a return; with intent to defraud the state or to evade the payment of a tax imposed under this article commits a Level 6 felony. As added by P.L.347-1989(ss), SEC.1. Amended by P.L.158-2013, SEC.90.

Ind. Code § 6-5.5-7-4 Failure to permit examination of books, records, or property; refusal to testify or produce records

Sec. 4. A person who knowingly: (1) fails to permit the examination of any book, paper, account, record, or other data by the department or its authorized agents; (2) fails to permit the inspection or appraisal of any property by the department or its authorized agents; or (3) refuses to offer testimony or produce a record; required under this article commits a Level 6 felony. As added by P.L.347-1989(ss), SEC.1. Amended by P.L.158-2013, SEC.91.

Ind. Code § 6-5.5-7-5 Concurrent jurisdiction of attorney general

Sec. 5. The attorney general has concurrent jurisdiction with prosecuting attorneys in instituting and prosecuting actions under sections 2 through 4 of this chapter. As added by P.L.347-1989(ss), SEC.1.