HB 1365-12_ Filed 02/03/2004, 14:56 Frenz


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1365 be amended to read as follows:

SOURCE: Page 5, line 7; (04)MO136517.5. -->     Page 5, line 7, strike "an".
    Page 5, line 7, after "an" insert " a state educational".
    Page 5, line 7, strike "of higher education".
    Page 10, delete lines 7 through 12, begin a new line block indented and insert:
        " (20) Subject to subsection (g), add an amount equal to intangibles payments described in section 34 of this chapter that are directly or indirectly paid, accrued, or incurred to a related member during the taxable year to the extent the intangibles payments are deductible in calculating federal adjusted gross income under the Internal Revenue Code.".
    Page 10, delete lines 39 through 42, begin a new line block indented and insert:
        " (6) Subject to subsection (g), add an amount equal to intangibles payments described in section 34 of this chapter that are directly or indirectly paid, accrued, or incurred to a related member during the taxable year to the extent the intangibles payments are deductible in calculating federal taxable income under the Internal Revenue Code.".
    Page 11, delete lines 1 through 2.
    Page 11, delete lines 29 through 34, begin a new line block indented and insert:
        " (6) Subject to subsection (g), add an amount equal to

intangibles payments described in section 34 of this chapter that are directly or indirectly paid, accrued, or incurred to a related member during the taxable year to the extent the intangibles payments are deductible in calculating federal taxable income under the Internal Revenue Code.".
    Page 12, delete lines 16 through 21, begin a new line block indented and insert:
        " (6) Subject to subsection (g), add an amount equal to intangibles payments described in section 34 of this chapter that are directly or indirectly paid, accrued, or incurred to a related member during the taxable year to the extent the intangibles payments are deductible in calculating federal taxable income under the Internal Revenue Code.".
    Page 12, delete lines 40 through 42, begin a new line block indented and insert:
        " (4) Subject to subsection (g), add an amount equal to intangibles payments described in section 34 of this chapter that are directly or indirectly paid, accrued, or incurred to a related member during the taxable year to the extent the intangibles payments are deductible in calculating federal taxable income under the Internal Revenue Code.".
    Page 13, delete lines 1 through 3.
    Page 13, line 27, delete "clear and convincing" and insert " a preponderance of the".
    Page 13, line 29, delete "or".
    Page 13, line 32, delete "." and insert " ; or".
    Page 13, between lines 32 and 33, begin a new line block indented and insert:
        " (3) the intangibles payments are being paid or incurred to a related member organized under the laws of a country other than the United States, and the other country has entered into a comprehensive income tax treaty with the United States.".
    Page 14, delete lines 2 through 17, begin a new paragraph and insert:

SOURCE: IC 6-3-1-34; (04)MO136517.8. -->     "SECTION 8. IC 6-3-1-34 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2004 (RETROACTIVE)]: Sec. 34. As used in this article, "intangibles payment" means a payment directly connected to the use, maintenance, or management of:
        (1) stock;
        (2) bonds;
        (3) interests in partnerships;
        (4) licenses;
        (5) trademarks;
        (6) copyrights;
        (7) trade names;
        (8) trade dress;
        (9) service marks;
        (10) mask works;
        (11) trade secrets;
        (12) patents; or
        (13) any other similar types of intangible assets, as determined by the department.
".
SOURCE: Page 14, line 21; (04)MO136517.14. -->     Page 14, line 21, after "means" insert " ,".
    Page 14, line 22, delete ", is".
    Page 14, line 29, delete "or partnership" and insert " partnership, or any other pass through entity".
    Page 14, delete lines 33 through 42.
    Page 15, delete lines 1 through 23.
    Page 15, line 24, delete "IC 6-3-1-38" and insert "IC 6-3-1-36".
    Page 15, line 26, delete "38" and insert " 36".
    Page 15, line 38, after "trust," delete "or".
    Page 15, line 38, delete ";" and insert " , or other pass through entity;".
    Page 28, line 33, delete "clear and convincing" and insert " a preponderance of the".
    Page 28, line 35, delete "or".
    Page 28, line 37, delete "." and insert " ; or".
    Page 28, between lines 37 and 38, begin a new line block indented and insert:
        " (3) the intangibles payments are being paid or incurred to a related member organized under the laws of a country other than the United States, and the other country has entered into a comprehensive income tax treaty with the United States.".
    Page 29, line 4, delete "a".
    Page 29, line 16, after "means" insert ",".
    Page 29, line 17, delete ", is".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1365 as printed January 27, 2004.)

________________________________________

Representative Frenz


MO136517/DI 51     2004