Indiana Code 6-3-2.1-2. Definitions
(1) “Electing entity” means a pass through entity described in IC 6-3-1-35 that is subject to Subchapter K or Subchapter S of the Internal Revenue Code and makes the election under this chapter.
Terms Used In Indiana Code 6-3-2.1-2
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- corporation: includes all corporations, associations, real estate investment trusts (as defined in the Internal Revenue Code), joint stock companies, whether organized for profit or not-for-profit, any receiver, trustee or conservator thereof, business trusts, Massachusetts trusts, any proprietorship or partnership taxable under Section 1361 of the Internal Revenue Code, and any publicly traded partnership that is treated as a corporation for federal income tax purposes under Section 7704 of the Internal Revenue Code. See Indiana Code 6-3-1-10
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- pass through entity: means :
Indiana Code 6-3-1-35
(3) “Nonresident” means:
(A) a nonresident partner as defined by IC 6-3-4-12(n);
(B) a nonresident shareholder as defined by IC 6-3-4-13(n);
(C) a nonresident beneficiary as defined by IC 6-3-4-15(i); or
(D) in the case of a shareholder of a corporation described in IC 6-3-2-2.8(2), a corporation described in Section 501(c)(3) of the Internal Revenue Code that is exempt from taxation under Section 501(a) of the Internal Revenue Code and that is not domiciled in Indiana;
whichever is applicable.
(4) “Owner” means a direct or indirect owner of an electing entity and includes a beneficiary of an estate or trust. However an owner shall not include:
(A) an entity described in IC 6-3-2-2.8(3) that is not a partnership, a trust, or a corporation described in IC 6-3-2-2.8(2);
(B) an entity described in IC 6-3-2-2.8(5); or
(C) any other entity as determined by the department and listed in instructions or guidance issued by the department.
(5) “Resident” means a partner, shareholder, or beneficiary:
(A) that, in the case of an individual, estate, or trust, is a resident of Indiana as defined in IC 6-3-1-12; or
(B) that is a partnership or corporation, including a corporation described in IC 6-3-2-2.8(1) or IC 6-3-2-2.8(2), that is domiciled in Indiana.
As added by P.L.1-2023, SEC.5. Amended by P.L.194-2023, SEC.19.