Willful failure of dealer to perform fiduciary duty to collect and
remit gross retail tax
Sec. 5. It is an unfair practice for a dealer to willfully fail to
perform the fiduciary duty imposed upon the dealer by IC 6-2.5-2-1
with regard to the collection and remittance of the gross retail tax.
Willful violation of the fiduciary duty includes written or oral
agreements between a dealer and a prospective purchaser that would
give the appearance that a bona fide trade-in has taken place, when
in fact the purpose of the agreement is to reduce the prospective
purchaser's gross retail tax and thereby deprive the state of revenue.
As added by P.L.2-1991, SEC.11.
Last modified: May 27, 2006