SB 500-23_ Filed 04/09/2007, 07:45 Harrist

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    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______





    I move that Engrossed Senate Bill 500 be amended to read as follows:

SOURCE: Page 54, line 14; (07)MO050038.54. -->     Page 54, between lines 14 and 15, begin a new paragraph and insert:
SOURCE: IC 6-8.1-7-2; (07)MO050038.39. -->     "SECTION 39. IC 6-8.1-7-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) The department may compile statistical studies from information derived from state tax returns and may disclose the results of those studies. In addition, the department may disclose statistical information from the state tax returns to the governor, the general assembly, or another state agency, for the purpose of allowing those governmental entities to conduct their own statistical studies.
     (b) The department shall compile and maintain information relating to the amount of sales included in the sales factor under IC 6-3-2-2(e)(2) for determining a taxpayer's adjusted gross income. Beginning after the state fiscal year ending June 30, 2008, on or before November 1 of each year, the department shall submit a report in an electronic format under IC 5-14-6 to the legislative council for distribution to the members of the general assembly. The report must include:
        (1) the total amount of sales reported under IC 6-3-2-2(e)(2) for the previous state fiscal year; and
        (2) any additional relevant information provided by the department.

    (b) (c) Notwithstanding subsection subsections (a) and (b), the department may not disclose the results of any study and may not disclose any statistical information if, as a result of that disclosure:
        (1) the identity of a taxpayer who filed a return would be disclosed;
        (2) the identity of a taxpayer could reasonably be associated with any of the information which was derived from his return for use in a statistical study; or
        (3) the ability of the department to obtain information from federal tax returns would, in the department's judgment, be jeopardized in any manner.
    (c) (d) Subject to the rules and regulations of the department, a person may request information as to whether an individual filed an income tax return pursuant to the Indiana income tax laws for a particular taxable year. However, the department may not disclose that information with respect to any taxable year until the close of the calendar year following the year in which the return should have been filed. As soon as practicable after the close of that calendar year, the department shall inform the person making the request whether the return was filed.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 500 as printed April 3, 2007.)


Representative Harris T

MO050038/DI 116     2007