Citations Affected:
IC 6-2.5-6-1
.
Synopsis: Sales tax reporting periods. Revises the reporting and
payment periods in which a retail merchant must report and pay the
merchant's state gross retail and use taxes.
Effective: July 1, 2001.
January 8, 2001, read first time and referred to Committee on Agriculture and Small
Business.
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
SECTION 1. IC 6-2.5-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) Each person liable for collecting the state gross retail or use tax shall file a return for each calendar month and pay the state gross retail and use taxes that the person collects during that month. A person shall file the person's return for a particular month with the department and make the person's tax payment for that month to the department not more than thirty (30) days after the end of that month, if that person's average monthly liability for collections of state gross retail and use taxes under this section as determined by the department for the preceding calendar year did not exceed one thousand dollars ($1,000). If a person's average monthly liability for collections of state gross retail and use taxes under this section as determined by the department for the preceding calendar year exceeded one thousand dollars ($1,000), that person shall file the person's return for a particular month and make the person's tax payment for that month to the department not more than twenty (20) days after the end of that month. If a person files a combined sales and
withholding tax report and either this section or
IC 6-3-4-8.1
requires
sales or withholding tax reports to be filed and remittances to be made
within twenty (20) days after the end of each month, then the person
shall file the combined report and remit the sales and withholding taxes
due within twenty (20) days after the end of each month.
(b) Instead of twelve (12) monthly reporting periods required under
subsection (a), the department may permit a person to divide a year into
a different number of reporting periods. Each return and payment for
those reporting periods is due not more than thirty (30) days after the
end of the respective period.
(c) Instead of the reporting periods required under subsection (a),
the department may permit a retail merchant to report and pay the
merchant's state gross retail and use taxes for a period covering:
(1) a calendar year, if the retail merchant's average monthly state
gross retail and use tax liability in the previous calendar year does
not exceed ten dollars ($10); forty dollars ($40);
(2) a calendar half year, if the retail merchant's average monthly
state gross retail and use tax liability in the previous calendar year
does not exceed twenty-five dollars ($25); one hundred dollars
($100); or
(3) a calendar quarter, if the retail merchant's average monthly
state gross retail and use tax liability in the previous calendar year
does not exceed seventy-five dollars ($75). three hundred
dollars ($300).
A retail merchant using a reporting period allowed under this
subsection must file the merchant's return and pay the merchant's tax
for a reporting period no later than the last day of the month
immediately following the close of that reporting period.
(d) If a retail merchant reports the merchant's gross income tax, or
the tax the merchant pays in place of the gross income tax, over a fiscal
year or fiscal quarter not corresponding to the calendar year or calendar
quarter, the merchant may, without prior departmental approval, report
and pay the merchant's state gross retail and use taxes over the
merchant's fiscal period that corresponds to the calendar period the
merchant is permitted to use under subsection (c). However, the
department may, at any time, require the retail merchant to stop using
the fiscal reporting period.
(e) If a retail merchant files a combined sales and withholding tax
report, the reporting period for the combined report is the shortest
period required under:
(1) this section;
(2)
IC 6-3-4-8
; or