Extension; payments; statement of reasons; additional extensions;
federal extensions; interest on unpaid taxes
Sec. 1. (a) If a person responsible for filing a tax return is unable
to file the return by the appropriate due date, he may petition the
department, before that due date, for a filing extension. The person
must include with the petition a payment of at least ninety percent
(90%) of the tax that is reasonably expected to be due on the due
date. When the department receives the petition and the payment, the
department shall grant the person a sixty (60) day extension.
(b) If a person responsible for filing a tax return has received an
extension of the due date and is still unable to file the return by the
extended due date, he may petition the department for another
extension. The person must include in the petition a statement of the
reasons for his inability to file the return by the due date. If the
department finds that the person's petition is proper and that the
person has good cause for requesting the extension, the department
may extend the person's due date for any period that the department
deems reasonable under the circumstances. The department may
allow additional, successive extensions if the person properly
petitions for the extension before the end of his current extension
period.
(c) If the Internal Revenue Service allows a person an extension
on his federal income tax return, the corresponding due dates for the
person's Indiana income tax returns are automatically extended for
the same period as the federal extension, plus thirty (30) days.
However, the person must pay at least ninety percent (90%) of the
Indiana income tax that is reasonably expected to be due on the
original due date by that due date, or he may be subject to the
penalties imposed for failure to pay the tax.
(d) Any tax that remains unpaid during an extension period
accrues interest at a rate established under IC 6-8.1-10-1 from the
original due date, but that tax will not accrue any late payment
penalties until the extension period has ended.
As added by Acts 1980, P.L.61, SEC.1. Amended by P.L.48-1994,
SEC.1.
Last modified: May 28, 2006