Members of unitary business; combined returns; fair
representation of taxpayer income within state; reapportionment
Sec. 1. (a) Except as provided in this section, a unitary group
consisting of at least two (2) taxpayers shall file a combined return
covering all the operations of the unitary business and including all
of the members of the unitary business. However, only one (1)
combined return needs to be filed, as provided in IC 6-5.5-6-1.
(b) If the department or taxpayer determines that the result of
applying this section or article do not fairly represent the taxpayer's
income within Indiana or the taxpayer's income within Indiana may
be more fairly represented by a separate return, the taxpayer may
petition for and the department may allow, or the department may
require, in respect to all or a part of the taxpayer's business activity
any of the following:
(1) Separate accounting.
(2) The filing of a separate return for the taxpayer.
(3) A reallocation of tax items between a taxpayer and a
member of the taxpayer's unitary group.
(c) Income apportioned under this article must reflect a change in
adjusted gross income that is required to comply with a department
order under this section.
As added by P.L.347-1989(ss), SEC.1. Amended by P.L.21-1990,
SEC.30; P.L.68-1991, SEC.13.
Last modified: May 28, 2006