Compromise agreements concerning tax or interest on delinquency
Sec. 5. (a) If one (1) of the conditions listed in subsection (b) of
this section exists, the department of state revenue may, with the
advice and approval of the attorney general, enter into a compromise
agreement concerning the amount of any inheritance tax, or interest
charges on delinquent inheritance tax, to be collected under this
article. The department may enter into such an agreement with the
personal representative of a decedent's estate or with the transferee
of property transferred by the decedent.
(b) The department may enter into a compromise agreement under
this section only if the department and the attorney general believe
that a substantial doubt exists as to:
(1) the right to impose the tax under applicable Indiana law;
(2) the constitutionality, under either the Indiana or United
States Constitutions, of the imposition of the tax;
(3) the correct value of property transferred under a taxable
transfer;
(4) the correct amount of tax due;
(5) the collectability of the tax; or
(6) whether the decedent was a resident or a non-resident of this
state.
(c) After payment of the inheritance tax agreed to by the parties
to a compromise agreement entered into under this section, the issue
of the amount of tax to be collected may be reopened only if the
agreement was entered into fraudulently.
As added by Acts 1976, P.L.18, SEC.1.
Last modified: May 28, 2006