Indiana Code 6-3-4.5-20. Partnership with more than 10,000 direct owners; extension of time; written agreement; automatic extension; rules
(1) in the case of a partnership or tiered partner that has more than ten thousand (10,000) direct owners, the department shall extend the time period one (1) time by sixty (60) days upon written request of the partnership or tiered partner, regardless of whether the department signs the extension;
Terms Used In Indiana Code 6-3-4.5-20
- 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.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(3) in the case of an action required to be taken with regard to a tiered partner, direct partner, or indirect partner under this chapter, the department and the tiered partner, direct partner, or indirect partner, as applicable, agree to extend that period, the period may be extended according to the terms of a written agreement signed by both the department and the tiered partner, direct partner, or indirect partner, as appropriate.
(b) If an extension is entered into under subsection (a), the request for automatic extension or agreement must contain:
(1) the date to which the extension is made; and
(2) a statement that the person or entity agrees to preserve the person’s or entity’s records until the extension terminates.
(c) If an extension is entered into under subsection (a), the applicable deadlines and statute of limitations for any actions arising from an action required by a partnership, tiered partner, direct partner, or indirect partner shall be extended in a manner consistent with the extension under subsection (a).
(d) The department and a partnership, tiered partner, direct partner, or indirect partner may enter into more than one (1) extension agreement under this section.
(e) The department may, by rules adopted under IC 4-22-2 or by guidelines published in the Indiana Register, provide for automatic extensions or relief from liability and reporting for certain situations. The following apply:
(1) In the case of an automatic extension, the extension shall be considered signed by both the department and the partnership, tiered partner, direct partner, or indirect partner before the time the department may take an action under this section. In addition, the partnership, tiered partner, direct partner, or indirect partner shall preserve the person’s or entity’s records until the automatic extension terminates.
(2) In the case of relief from liability, such relief shall be granted only under the situations specifically granted by the rules or guidelines.
(3) The department may adopt rules or guidelines to establish a de minimis amount upon which a taxpayer shall not be required to comply with specified provisions of this chapter.
As added by P.L.159-2021, SEC.18. Amended by P.L.137-2022, SEC.51.