Returns; reporting period; electronic funds transfer
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.
(b) 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.
(c) Instead of the twelve (12) monthly reporting periods required
by subsection (a), the department may permit a person to divide a
year into a different number of reporting periods. The return and
payment for each reporting period is due not more than twenty (20)
days after the end of the period.
(d) 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);
(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); 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).
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 not later than the last day of the month
immediately following the close of that reporting period.
(e) If a retail merchant reports the merchant's adjusted gross
income tax, or the tax the merchant pays in place of the adjusted
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 (d). However, the department may,
at any time, require the retail merchant to stop using the fiscal
reporting period.
(f) 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
(3) IC 6-3-4-8.1.
(g) If the department determines that a person's:
(1) estimated monthly gross retail and use tax liability for the
current year; or
(2) average monthly gross retail and use tax liability for the
preceding year;
exceeds ten thousand dollars ($10,000), the person shall pay the
monthly gross retail and use taxes due by electronic funds transfer
(as defined in IC 4-8.1-2-7) or by delivering in person or by
overnight courier a payment by cashier's check, certified check, or
money order to the department. The transfer or payment shall be
made on or before the date the tax is due.
(h) If a person's gross retail and use tax payment is made by
electronic funds transfer, the taxpayer is not required to file a
monthly gross retail and use tax return. However, the person shall
file a quarterly gross retail and use tax return before the twentieth
day after the end of each calendar quarter.
As added by Acts 1980, P.L.52, SEC.1. Amended by Acts 1982,
P.L.49, SEC.1; P.L.70-1986, SEC.1; P.L.92-1987, SEC.2;
P.L.63-1988, SEC.3; P.L.28-1997, SEC.11; P.L.185-2001, SEC.2;
P.L.177-2002, SEC.10; P.L.192-2002(ss), SEC.58.
Last modified: May 28, 2006