Applicability of law; determination of rights and duties
Sec. 8. (a) This chapter and IC 6-8.1-2 through IC 6-8.1-10-1
(except IC 6-8.1-5-2) apply after December 31, 1980, regardless of
when the tax liability arose. If the tax liability was assessed before
January 1, 1981, the rights and duties of the taxpayer and the state
are determined (except for interest on the liability for which
IC 6-8.1-10-1 applies beginning January 1, 1981) with regard to the
assessment, hearing, and appeals procedures and limitations that
existed at the time of the tax liability assessment and before January
1, 1981, notwithstanding the repeal of those procedures and
limitations.
(b) Except as provided in subsection (c), IC 6-8.1-5-2 and
IC 6-8.1-10-2.1 through IC 6-8.1-10-7 apply only with respect to
taxes imposed for periods ending after December 31, 1980. Tax
liabilities arising before January 1, 1981, are, with respect to
additions to tax and penalties, determined, administered, and
assessed under the appropriate listed tax laws in effect on December
31, 1980, instead of under this article. The rights and duties of the
taxpayers and the state under those laws are fully and completely
preserved with respect to the additions to tax and penalties.
(c) IC 6-8.1-10-2.1 through IC 6-8.1-10-8 may apply to tax
liabilities arising during any period that ends before January 1, 1981,
if:
(1) the commissioner has not issued an assessment with respect
to that prior period; or
(2) the commissioner has issued the assessment that is or may
be the subject of a petition for reassessment and the
commissioner's decision on that assessment has not been issued
as of January 1, 1981, and the taxpayer elects to have all of
IC 6-8.1-10-2.1 through IC 6-8.1-10-7 apply as fully as if those
sections had been in effect at the time the tax liability arose.
The election must be made within sixty (60) days after
assessment or before June 1, 1981, whichever occurs last. An
election under this subsection may not shorten the statute of
limitations upon assessments otherwise applying to tax
liabilities arising before January 1, 1981.
As added by P.L.332-1989(ss), SEC.20. Amended by P.L.1-1991,
SEC.68.
Last modified: May 28, 2006