*ES0451.1* March 27, 2025 ENGROSSED SENATE BILL No. 451 _____ DIGEST OF SB 451 (Updated March 26, 2025 4:00 pm - DI 125) Citations Affected: IC 6-3. Synopsis: Income tax rate. Provides for a decrease in the individual adjusted gross income tax rate beginning in 2030 depending on certain conditions being met. Effective: July 1, 2025. Holdman, Baldwin, Rogers, Johnson T, Gaskill, Walker K, Garten, Randolph Lonnie M, Buchanan (HOUSE SPONSORS — THOMPSON, SNOW, LEHMAN, O'BRIEN) January 13, 2025, read first time and referred to Committee on Tax and Fiscal Policy. January 21, 2025, amended, reported favorably — Do Pass. January 23, 2025, read second time, ordered engrossed. Engrossed. January 28, 2025, read third time, passed. Yeas 49, nays 0. HOUSE ACTION March 3, 2025, read first time and referred to Committee on Ways and Means. March 27, 2025, amended, reported — Do Pass. ES 451—LS 6727/DI 120 March 27, 2025 First Regular Session of the 124th General Assembly (2025) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2024 Regular Session of the General Assembly. ENGROSSED SENATE BILL No. 451 A BILL FOR AN ACT to amend the Indiana Code concerning taxation. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 6-3-2-1, AS AMENDED BY P.L.201-2023, 2 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2025]: Sec. 1. (a) As used in this section, "state fiscal year" 4 means the annual period commencing July 1 of a given year and 5 ending June 30 of the following year. 6 (b) Each taxable year, a tax at the following rate of adjusted gross 7 income is imposed upon the adjusted gross income of every resident 8 person, and on that part of the adjusted gross income derived from 9 sources within Indiana of every nonresident person: 10 (1) For taxable years beginning before January 1, 2015, three and 11 four-tenths percent (3.4%). 12 (2) For taxable years beginning after December 31, 2014, and 13 before January 1, 2017, three and three-tenths percent (3.3%). 14 (3) For taxable years beginning after December 31, 2016, and 15 before January 1, 2023, three and twenty-three hundredths percent 16 (3.23%). 17 (4) For taxable years beginning after December 31, 2022, and ES 451—LS 6727/DI 120 2 1 before January 1, 2024, three and fifteen hundredths percent 2 (3.15%). 3 (5) For taxable years beginning after December 31, 2023, and 4 before January 1, 2025, three and five-hundredths percent 5 (3.05%). 6 (6) For taxable years beginning after December 31, 2024, and 7 before January 1, 2026, three percent (3%). 8 (7) For taxable years beginning after December 31, 2025, and 9 before January 1, 2027, two and ninety-five hundredths percent 10 (2.95%). 11 (8) For taxable years beginning after December 31, 2026, and 12 before January 1, 2030, two and nine-tenths percent (2.9%). 13 (9) For taxable years beginning after December 31, 2029, and 14 before January 1, 2032, if, as determined by the budget 15 agency under subsection (e), the: 16 (A) state general fund revenue collections in each of the 17 state fiscal years ending: 18 (i) June 30, 2025; 19 (ii) June 30, 2026; 20 (iii) June 30, 2027; and 21 (iv) June 30, 2028; 22 exceed by at least three and one-half percent (3.5%) the 23 state general fund revenue collections for the respective 24 immediately preceding state fiscal year; and 25 (B) amount of forecasted state general fund revenue 26 collections for the state fiscal year ending June 30, 2029, 27 are estimated to exceed by at least three and one-half 28 percent (3.5%) the state general fund revenue collections 29 in the state fiscal year ending June 30, 2028; 30 the tax rate shall be decreased by the percentage point of five 31 one-hundredths of one percent (0.05%) beginning January 1 32 of the even-numbered year immediately succeeding the year 33 of the budget agency determination under subsection (e). 34 (10) For taxable years beginning after December 31, 2031, and 35 before January 1, 2034, if, as determined by the budget 36 agency under subsection (e), the: 37 (A) state general fund revenue collections in each of the 38 state fiscal years ending: 39 (i) June 30, 2027; 40 (ii) June 30, 2028; 41 (iii) June 30, 2029; and 42 (iv) June 30, 2030; ES 451—LS 6727/DI 120 3 1 exceed by at least three and one-half percent (3.5%) the 2 state general fund revenue collections for the respective 3 immediately preceding state fiscal year; and 4 (B) amount of forecasted state general fund revenue 5 collections for the state fiscal year ending June 30, 2031, 6 are estimated to exceed by at least three and one-half 7 percent (3.5%) the state general fund revenue collections 8 in the state fiscal year ending June 30, 2030; 9 the tax rate shall be decreased by the percentage point of five 10 one-hundredths of one percent (0.05%) beginning January 1 11 of the even-numbered year immediately succeeding the year 12 of the budget agency determination under subsection (e). 13 (11) For taxable years beginning after December 31, 2033, and 14 before January 1, 2036, if, as determined by the budget 15 agency under subsection (e), the: 16 (A) state general fund revenue collections in each of the 17 state fiscal years ending: 18 (i) June 30, 2029; 19 (ii) June 30, 2030; 20 (iii) June 30, 2031; and 21 (iv) June 30, 2032; 22 exceed by at least three and one-half percent (3.5%) the 23 state general fund revenue collections for the respective 24 immediately preceding state fiscal year; and 25 (B) amount of forecasted state general fund revenue 26 collections for the state fiscal year ending June 30, 2033, 27 are estimated to exceed by at least three and one-half 28 percent (3.5%) the state general fund revenue collections 29 in the state fiscal year ending June 30, 2032; 30 the tax rate shall be decreased by the percentage point of five 31 one-hundredths of one percent (0.05%) beginning January 1 32 of the even-numbered year immediately succeeding the year 33 of the budget agency determination under subsection (e). 34 (12) For taxable years beginning after December 31, 2035, and 35 before January 1, 2038, if, as determined by the budget 36 agency under subsection (e), the: 37 (A) state general fund revenue collections in each of the 38 state fiscal years ending: 39 (i) June 30, 2031; 40 (ii) June 30, 2032; 41 (iii) June 30, 2033; and 42 (iv) June 30, 2034; ES 451—LS 6727/DI 120 4 1 exceed by at least three and one-half percent (3.5%) the 2 state general fund revenue collections for the respective 3 immediately preceding state fiscal year; and 4 (B) amount of forecasted state general fund revenue 5 collections for the state fiscal year ending June 30, 2035, 6 are estimated to exceed by at least three and one-half 7 percent (3.5%) the state general fund revenue collections 8 in the state fiscal year ending June 30, 2034; 9 the tax rate shall be decreased by the percentage point of five 10 one-hundredths of one percent (0.05%) beginning January 1 11 of the even-numbered year immediately succeeding the year 12 of the budget agency determination under subsection (e). 13 (13) For taxable years beginning after December 31, 2037, and 14 before January 1, 2040, if, as determined by the budget 15 agency under subsection (e), the: 16 (A) state general fund revenue collections in each of the 17 state fiscal years ending: 18 (i) June 30, 2033; 19 (ii) June 30, 2034; 20 (iii) June 30, 2035; and 21 (iv) June 30, 2036; 22 exceed by at least three and one-half percent (3.5%) the 23 state general fund revenue collections for the respective 24 immediately preceding state fiscal year; and 25 (B) amount of forecasted state general fund revenue 26 collections for the state fiscal year ending June 30, 2037, 27 are estimated to exceed by at least three and one-half 28 percent (3.5%) the state general fund revenue collections 29 in the state fiscal year ending June 30, 2036; 30 the tax rate shall be decreased by the percentage point of five 31 one-hundredths of one percent (0.05%) beginning January 1 32 of the even-numbered year immediately succeeding the year 33 of the budget agency determination under subsection (e). 34 (14) For taxable years beginning after December 31, 2039, and 35 before January 1, 2042, if, as determined by the budget 36 agency under subsection (e), the: 37 (A) state general fund revenue collections in each of the 38 state fiscal years ending: 39 (i) June 30, 2035; 40 (ii) June 30, 2036; 41 (iii) June 30, 2037; and 42 (iv) June 30, 2038; ES 451—LS 6727/DI 120 5 1 exceeds by at least three and one-half percent (3.5%) the 2 state general fund revenue collections for the respective 3 immediately preceding state fiscal year; and 4 (B) amount of forecasted state general fund revenue 5 collections for the state fiscal year ending June 30, 2039, 6 are estimated to exceed by at least three and one-half 7 percent (3.5%) the state general fund revenue collections 8 in the state fiscal year ending June 30, 2038; 9 the tax rate shall be decreased by the percentage point of five 10 one-hundredths of one percent (0.05%) beginning January 1 11 of the even-numbered year immediately succeeding the year 12 of the budget agency determination under subsection (e). 13 (15) For taxable years beginning after December 31, 2041, and 14 before January 1, 2044, if, as determined by the budget 15 agency under subsection (e), the: 16 (A) state general fund revenue collections in each of the 17 state fiscal years ending: 18 (i) June 30, 2037; 19 (ii) June 30, 2038; 20 (iii) June 30, 2039; and 21 (iv) June 30, 2040; 22 exceeds by at least three and one-half percent (3.5%) the 23 state general fund revenue collections for the respective 24 immediately preceding state fiscal year; and 25 (B) amount of forecasted state general fund revenue 26 collections for the state fiscal year ending June 30, 2041, 27 are estimated to exceed by at least three and one-half 28 percent (3.5%) the state general fund revenue collections 29 in the state fiscal year ending June 30, 2040; 30 the tax rate shall be decreased by the percentage point of five 31 one-hundredths of one percent (0.05%) beginning January 1 32 of the even-numbered year immediately succeeding the year 33 of the budget agency determination under subsection (e). 34 (16) For taxable years beginning after December 31, 2043, the 35 tax rate in effect in taxable years beginning after December 36 31, 2042, remains in effect. 37 (b) (c) Except as provided in section 1.5 of this chapter (before its 38 expiration), each taxable year, a tax at the following rate of adjusted 39 gross income is imposed on that part of the adjusted gross income 40 derived from sources within Indiana of every corporation: 41 (1) Before July 1, 2012, eight and five-tenths percent (8.5%). 42 (2) After June 30, 2012, and before July 1, 2013, eight percent ES 451—LS 6727/DI 120 6 1 (8.0%). 2 (3) After June 30, 2013, and before July 1, 2014, seven and 3 five-tenths percent (7.5%). 4 (4) After June 30, 2014, and before July 1, 2015, seven percent 5 (7.0%). 6 (5) After June 30, 2015, and before July 1, 2016, six and 7 five-tenths percent (6.5%). 8 (6) After June 30, 2016, and before July 1, 2017, six and 9 twenty-five hundredths percent (6.25%). 10 (7) After June 30, 2017, and before July 1, 2018, six percent 11 (6.0%). 12 (8) After June 30, 2018, and before July 1, 2019, five and 13 seventy-five hundredths percent (5.75%). 14 (9) After June 30, 2019, and before July 1, 2020, five and 15 five-tenths percent (5.5%). 16 (10) After June 30, 2020, and before July 1, 2021, five and 17 twenty-five hundredths percent (5.25%). 18 (11) After June 30, 2021, four and nine-tenths percent (4.9%). 19 (c) (d) If for any taxable year a taxpayer is subject to different tax 20 rates under subsection (b), (c), the taxpayer's tax rate for that taxable 21 year is the rate determined in the last STEP of the following STEPS: 22 STEP ONE: Multiply the number of days in the taxpayer's taxable 23 year that precede the day the rate changed by the rate in effect 24 before the rate change. 25 STEP TWO: Multiply the number of days in the taxpayer's 26 taxable year that follow the day before the rate changed by the 27 rate in effect after the rate change. 28 STEP THREE: Divide the sum of the amounts determined under 29 STEPS ONE and TWO by the number of days in the taxpayer's 30 tax period. 31 However, the rate determined under this subsection shall be rounded 32 to the nearest one-hundredth of one percent (0.01%). 33 (e) This subsection applies beginning in 2028, and applies in 34 each even-numbered year thereafter until 2043. After the end of 35 each even-numbered state fiscal year, the budget agency shall 36 calculate and compare the percentage of revenue growth in state 37 general fund revenue collections between state fiscal years as 38 described in subsection (b)(9) through (b)(15), including the 39 comparison of the percentage of revenue growth between the 40 amount of forecasted state general fund revenue collections for 41 particular state fiscal years and the actual state general fund 42 revenue collections for particular state fiscal years, to determine ES 451—LS 6727/DI 120 7 1 whether the conditions described in subsection (b)(9) through 2 (b)(15) are satisfied. The budget agency shall make the calculation 3 not later than thirty (30) days after the end of each even-numbered 4 state fiscal year. Not later than September 1 of each 5 even-numbered calendar year, the budget agency shall certify the 6 results to the department and to the legislative council, and report 7 to the state budget committee for review the following: 8 (1) The percentage of revenue growth determined under this 9 subsection. 10 (2) The adjusted gross income tax rate determination made 11 for the following even-numbered year under this subsection. 12 Not later than November 1 of each odd-numbered calendar year, 13 the department shall provide notice of the determination and the 14 applicable tax rates for each even-numbered calendar year under 15 subsection (b) on the department's website in a departmental 16 notice. 17 SECTION 2. IC 6-3-2-1.7, AS ADDED BY P.L.137-2022, 18 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 19 JULY 1, 2025]: Sec. 1.7. (a) For purposes of this section: 20 (1) "Distributor" means a person or entity located in this state that 21 purchases tangible personal property from an eligible corporation 22 for purposes of resale. For purposes of this section, a distributor 23 is not a person or entity that has a relationship described in 24 Section 267(b) of the Internal Revenue Code with the eligible 25 corporation. 26 (2) "Eligible corporation" means a corporation otherwise subject 27 to tax under section 1(b) 1(c) of this chapter. An eligible 28 corporation shall not include a corporation described in section 29 2.8(2) of this chapter or a corporation subject to tax under 30 IC 6-5.5. 31 (3) "Qualifying distribution sale" means a sale of tangible 32 personal property by an eligible corporation to a distributor that: 33 (A) is a purchase for resale by the distributor as defined in 34 IC 6-2.5-5-8; and 35 (B) for which the sourcing of the sale of the property to an 36 ultimate customer outside Indiana is agreed to by the 37 department and the eligible corporation, or, in the absence of 38 an agreement, sourced by the ratio of the population of Indiana 39 compared to the population of all states in which the qualified 40 distribution sales are sold to an ultimate customer. 41 For purposes of this section, a qualifying distribution sale shall 42 not include any sale for which the distributor does not issue an ES 451—LS 6727/DI 120 8 1 exemption certificate in the manner provided by the department 2 under IC 6-2.5-8-8 or a purchase by the distributor for the 3 distributor's own use other than for resale. A qualifying 4 distribution sale shall not include any sale made by a pass through 5 entity that would otherwise be attributable under this article to the 6 eligible corporation. 7 (4) "Ultimate customer" means a purchaser of tangible personal 8 property who purchases the tangible personal property without an 9 intent of future resale of property. 10 (b) If an eligible corporation has greater than one billion dollars 11 ($1,000,000,000) of tangible personal property sales that otherwise 12 would be sourced to this state under section 2(e) of this chapter, and 13 would have an apportionment percentage under section 2 of this 14 chapter of greater than ten percent (10%) prior to application of this 15 section the eligible corporation may elect to determine its tax as 16 follows: 17 STEP ONE: Determine the apportionment percentage under 18 sections 2 and 2.2 of this chapter, treating qualifying distribution 19 sales as if they were not receipts for purposes of the 20 apportionment numerator, but treating the portion where the 21 ultimate customer would be located in Indiana as part of the 22 receipts numerator. 23 STEP TWO: Determine Indiana adjusted gross income in the 24 manner otherwise provided in this article, applying the 25 apportionment percentage in STEP ONE. For purposes of this 26 STEP, any adjusted gross income arising from qualified 27 distribution sales shall be treated as business income of the 28 eligible corporation. 29 STEP THREE: Determine the tax due under this chapter on the 30 amount computed in STEP TWO, reduced by any nonrefundable 31 credits under IC 6-3-3 or IC 6-3.1, but not less than zero (0). For 32 purposes of this article, any application of a credit under this 33 STEP shall reduce the amount available for carryforward in the 34 same manner as otherwise provided under IC 6-3-3 or IC 6-3.1. 35 STEP FOUR: 36 (A) If the eligible corporation's qualified distribution sales are 37 not in excess of two billion dollars ($2,000,000,000), 38 determine one-half of one percent (0.5%) of the qualified 39 distribution sales. 40 (B) If the eligible corporation's qualified distribution sales are 41 in excess of two billion dollars ($2,000,000,000) but not in 42 excess of three billion dollars ($3,000,000,000), determine ES 451—LS 6727/DI 120 9 1 three-eighths of one percent (0.375%) of the qualified 2 distribution sales in excess of two billion dollars 3 ($2,000,000,000) plus ten million dollars ($10,000,000). 4 (C) If the eligible corporation's qualified distribution sales are 5 in excess of three billion dollars ($3,000,000,000) but not in 6 excess of four billion dollars ($4,000,000,000), determine 7 one-fourth of one percent (0.25%) of the qualified distribution 8 sales in excess of three billion dollars ($3,000,000,000) plus 9 thirteen million seven hundred fifty thousand dollars 10 ($13,750,000). 11 (D) If the eligible corporation's qualified distribution sales are 12 in excess of four billion dollars ($4,000,000,000), determine 13 one-eighth of one percent (0.125%) of the qualified 14 distribution sales in excess of four billion dollars 15 ($4,000,000,000) plus sixteen million two hundred fifty 16 thousand dollars ($16,250,000). 17 STEP FIVE: Add the amounts determined under STEP THREE 18 and STEP FOUR. 19 (c) Notwithstanding any other provision of this section, for an 20 eligible corporation that makes an election: 21 (1) if the tax for a taxable year covered by the election as 22 computed under subsection (b) is less than twenty-six million 23 dollars ($26,000,000), the tax shall be twenty-six million dollars 24 ($26,000,000); and 25 (2) if the tax for the taxable year covered by an election as 26 computed under subsection (b) is greater than the amount 27 specified in clauses (A) through (C), the amount of tax shall be 28 the following amounts: 29 (A) For a taxable year ending after December 31, 2018, and 30 before January 1, 2025, forty million dollars ($40,000,000). 31 (B) For a taxable year ending after December 31, 2024, and 32 before January 1, 2026, forty-two million dollars 33 ($42,000,000). 34 (C) For each taxable year ending after December 31, 2025, 35 forty-two million dollars ($42,000,000) plus one million 36 dollars ($1,000,000) for each taxable year ending after 37 December 31, 2025. 38 For purposes of this subsection, the tax for a taxable year under this 39 section shall be determined after application of any credit allowable 40 under IC 6-3-3 and IC 6-3.1. 41 (d) If an eligible corporation makes an election under this section, 42 the following apply: ES 451—LS 6727/DI 120 10 1 (1) The eligible corporation shall be subject to the election for the 2 taxable year of the election and each taxable year thereafter until 3 the first taxable year ending ten (10) years after the first year in 4 which an election is made under this section, even if the 5 corporation would not be an eligible corporation for a taxable year 6 after the taxable year in which the election is made, and shall be 7 binding on any successor corporation or group of corporations to 8 the eligible corporation. 9 (2) After the period of the initial election under subdivision (1), 10 the department may permit a taxpayer to make an election under 11 this section for each subsequent taxable year after the election 12 expires under subdivision (1). However: 13 (A) an election under this subdivision is only permitted for one 14 (1) taxable year; and 15 (B) if an eligible corporation does make an election for a 16 taxable year, the eligible corporation may only make a new 17 election if the new election is subject to the terms of 18 subdivision (1). 19 (e) If two (2) or more eligible corporations are part of a consolidated 20 return or combined return, the computation under STEP FOUR of 21 subsection (b) shall be determined separately for each corporation. 22 (f) For purposes of computing net operating losses for the taxable 23 year under section 2.6 of this chapter and the deduction allowable 24 against adjusted gross income under section 2.6 of this chapter, the loss 25 for the taxable year or deduction allowable shall be computed pursuant 26 to STEP TWO of subsection (b). 27 (g) An election under this section shall be in the form and manner 28 prescribed by the department. The election must be completed and filed 29 with the department on or before the date of filing of the original return 30 for a taxable year to be effective beginning with that taxable year. In 31 addition, if an eligible corporation files a consolidated return or 32 combined return for the first taxable year of the election, or for any year 33 subsequent to the first taxable year of the election, the eligible 34 corporation and the department shall enter into an agreement regarding 35 issues specific to consolidated or combined returns. In the absence of 36 such an agreement, any such issues shall be treated in a manner 37 prescribed by the department and published in the Indiana Register. If 38 the original return for a taxable year is filed after the due date for the 39 original return, including any extensions, an election will not be 40 allowed for that taxable year or any subsequent year to which the 41 election otherwise would apply. However, the eligible corporation may 42 file an election for subsequent taxable years, provided the eligible ES 451—LS 6727/DI 120 11 1 corporation otherwise meets the requirements of this section. 2 SECTION 3. IC 6-3-4.5-1, AS AMENDED BY P.L.9-2024, 3 SECTION 186, IS AMENDED TO READ AS FOLLOWS 4 [EFFECTIVE JULY 1, 2025]: Sec. 1. The following definitions apply 5 throughout this chapter: 6 (1) "Adjustment year" means the partnership taxable year 7 described in Section 6225(d)(2) of the Internal Revenue Code. 8 (2) "Administrative adjustment request" means an administrative 9 adjustment request filed by a partnership under Section 6227 of 10 the Internal Revenue Code. 11 (3) "Affected year" means any taxable year for a taxpayer that is 12 affected by an adjustment under this chapter, regardless of 13 whether the partnership has received an adjustment for that 14 taxable year. 15 (4) "Audited partnership" means a partnership subject to a 16 partnership level audit resulting in a federal adjustment. 17 (5) "Corporate partner" means a partner that is subject to the state 18 adjusted gross income tax under IC 6-3-2-1(b) IC 6-3-2-1(c) or 19 the financial institutions tax under IC 6-5.5-2-1. In the case of a 20 partner that is a corporation described in IC 6-3-2-2.8(2) that also 21 is subject to tax under IC 6-3-2-1(b), IC 6-3-2-1(c), the 22 corporation is a corporate partner only to the extent that its 23 income is subject to tax under IC 6-3-2-1(b). IC 6-3-2-1(c). 24 (6) "Direct partner" means a partner that holds an interest directly 25 in a partnership or pass through entity. 26 (7) "Exempt partner" means a partner that is exempt from the 27 adjusted gross income tax under IC 6-3-2-2.8(1) or the financial 28 institutions tax under IC 6-5.5-2-7(4), except to the extent of 29 unrelated business taxable income. 30 (8) "Federal adjustment" means a change to an item or amount 31 determined under the Internal Revenue Code or a change to any 32 other tax attribute that is used by a taxpayer to compute state 33 adjusted gross income taxes or financial institutions tax owed, 34 whether that change results from action by the Internal Revenue 35 Service, including a partnership level audit, or the filing of an 36 amended federal return, a federal refund claim, or an 37 administrative adjustment request by the taxpayer. A federal 38 adjustment is positive to the extent that it increases state adjusted 39 gross income as determined under IC 6-3 or IC 6-5.5 and is 40 negative to the extent that it decreases state adjusted gross income 41 as determined under IC 6-3 or IC 6-5.5. 42 (9) "Federal adjustment reports" includes methods or forms ES 451—LS 6727/DI 120 12 1 required by the department for use by a taxpayer to report final 2 federal adjustments for purposes of this chapter, including an 3 amended Indiana tax return, information return, or uniform 4 multistate report. 5 (10) "Federal partnership representative" means a person the 6 partnership designates for the taxable year as the partnership's 7 representative, or the person the Internal Revenue Service has 8 appointed to act as the federal partnership representative, 9 pursuant to Section 6223(a) of the Internal Revenue Code. 10 (11) "Final determination date" means the following: 11 (A) Except as provided in clause (B) or (C), if the federal 12 adjustment arises from an Internal Revenue Service audit or 13 other action by the Internal Revenue Service, the final 14 determination date is the date on which the federal adjustment 15 is a final determination under IC 6-3-4-6(d). 16 (B) For federal adjustments arising from an Internal Revenue 17 Service audit or other action by the Internal Revenue Service, 18 if the taxpayer filed as a member of a consolidated tax return 19 filed under IC 6-3-4-14, a combined return filed under 20 IC 6-3-2-2 or IC 6-5.5-5-1, or a return combined by the 21 department under IC 6-3-2-2(p), the final determination date 22 means the first date on which no related federal adjustments 23 arising from that audit remain to be finally determined, as 24 described in clause (A), for the entire group. 25 (C) If the federal adjustment results from filing an amended 26 federal return, a federal refund claim, or an administrative 27 adjustment request, the final determination date means the day 28 on which the amended return, refund claim, administrative 29 adjustment request, or other similar report was filed. 30 (12) "Final federal adjustment" means a federal adjustment after 31 the final determination date for that federal adjustment has 32 passed. 33 (13) "Indirect partner" means a partner in a partnership or pass 34 through entity that itself holds an interest directly, or through 35 another indirect partner, in a partnership or pass through entity. 36 (14) "Internal Revenue Code" has the meaning set forth in 37 IC 6-3-1-11. 38 (15) "Nonresident partner" has the meaning provided in 39 IC 6-3-4-12(n). 40 (16) "Partner" means a person or entity that holds an interest 41 directly or indirectly in a partnership or other pass through entity. 42 (17) "Partner level adjustments report" means a report provided ES 451—LS 6727/DI 120 13 1 by a partnership to its partners as a result of a department action 2 with regard to the partnership. A partner level adjustments report 3 does not include an amended statement provided by a partnership 4 or other entity as a result of an adjustment reported by the 5 partnership. 6 (18) "Partnership" has the meaning set forth in IC 6-3-1-19. 7 (19) "Partnership level audit" means an examination by the 8 Internal Revenue Service at the partnership level under Sections 9 6221 through 6241 of the Internal Revenue Code, as enacted by 10 the Bipartisan Budget Act of 2015, Public Law 114-74, which 11 results in federal adjustments. 12 (20) "Partnership return" means a return required to be filed by a 13 partnership pursuant to IC 6-3-4-10. In the case of a partnership 14 that is required to withhold tax or file a composite return pursuant 15 to IC 6-3-4-12 or IC 6-5.5-2-8, the term also includes the returns 16 or schedules required for tax withholding or composite filing. In 17 the case of a partnership that is an electing entity under 18 IC 6-3-2.1, the term also includes the returns or schedules 19 required for the pass through entity tax under IC 6-3-2.1. 20 (21) "Pass through entity" means an entity defined in IC 6-3-1-35, 21 other than a partnership, that: 22 (A) is not subject to tax except as provided in IC 6-3-2-2.8(2), 23 in the case of a corporation described in IC 6-3-2-2.8(2); or 24 (B) is not subject to tax except on its undistributed taxable 25 income, in the case of an estate or a trust. 26 (22) "Reallocation adjustment" means a federal adjustment 27 resulting from a partnership level audit or an administrative 28 adjustment request that changes the shares of one (1) or more 29 items of partnership income, gain, loss, expense, or credit 30 allocated to direct partners. A positive reallocation adjustment 31 means the portion of a reallocation adjustment that would 32 increase federal adjusted gross income or federal taxable income 33 for one (1) or more direct partners, and a negative reallocation 34 adjustment means the portion of a reallocation adjustment that 35 would decrease federal adjusted gross income or federal taxable 36 income for one (1) or more direct partners, according to Section 37 6225 of the Internal Revenue Code and the regulations under that 38 section. 39 (23) "Resident partner" means a partner that is not a nonresident 40 partner. 41 (24) "Review year" means the taxable year of a partnership that 42 is subject to a partnership level audit, an administrative ES 451—LS 6727/DI 120 14 1 adjustment request, or an amended federal return that results in 2 federal adjustments, regardless of whether any federal tax 3 determined to be due is the responsibility of the partnership or 4 partners. 5 (25) "Statement" means a form or schedule prescribed by the 6 department through which a partnership or pass through entity 7 reports tax attributes to its owners or beneficiaries. 8 (26) "Tax attribute" means any item of income, deduction, credit, 9 receipts for apportionment, or other amount or status that 10 determines a partner's liability under IC 6-3, IC 6-3.6, or IC 6-5.5. 11 (27) "Taxable year" means, in the case of a partnership, the year 12 or partial year for which a partnership files a return for state and 13 federal purposes and, in the case of a partner, the taxable year in 14 which the partner reports tax attributes from the partnership. 15 (28) "Taxpayer" has the meaning set forth in IC 6-3-1-15 (in the 16 case of the adjusted gross income tax) and IC 6-5.5-1-17 (in the 17 case of the financial institutions tax) and, unless the context 18 clearly indicates otherwise, includes a partnership subject to a 19 partnership level audit or a partnership that has made an 20 administrative adjustment request, as well as a tiered partner of 21 that partnership. 22 (29) "Tiered partner" means any partner that is a partnership or 23 pass through entity. 24 (30) "Unrelated business taxable income" has the meaning set 25 forth in Section 512 of the Internal Revenue Code. 26 SECTION 4. IC 6-3-4.5-9, AS AMENDED BY P.L.9-2024, 27 SECTION 188, IS AMENDED TO READ AS FOLLOWS 28 [EFFECTIVE JULY 1, 2025]: Sec. 9. (a) Partnerships and partners 29 shall report final federal adjustments arising from a partnership level 30 audit or an administrative adjustment request and make payments as 31 required under this section. 32 (b) Final federal adjustments subject to the requirements of this 33 section, except those subject to a properly made election under 34 subsection (c), shall be reported as follows: 35 (1) Not later than the applicable deadline, the partnership shall: 36 (A) file an amended partnership return for the review year and 37 any other taxable year affected by the final federal adjustments 38 with the department as provided in section 8 of this chapter 39 and provide any other information required by the department; 40 (B) notify each of its direct partners of their distributive share 41 of the final federal adjustments as provided in section 8 of this 42 chapter for all affected taxable years for which the partnership ES 451—LS 6727/DI 120 15 1 filed an amended partnership return by an amended statement 2 or a report in the form and manner prescribed by the 3 department; 4 (C) file an amended composite return for direct partners and 5 an amended withholding return for direct partners for the 6 review year and any affected taxable years as otherwise 7 required by IC 6-3-4-12 or IC 6-5.5-2-8 and pay any tax due 8 for the taxable years; and 9 (D) if the partnership is an electing entity, file an amended 10 return under IC 6-3-2.1 for the review year and any affected 11 taxable year and pay any tax due for the taxable year. 12 (2) Each direct partner that is subject to tax under IC 6-3, 13 IC 6-3.6, or IC 6-5.5 shall, on or before the applicable deadline: 14 (A) file an amended return as provided in section 8 of this 15 chapter reporting their distributive share of the adjustments 16 reported to them under subdivision (1)(B) for the taxable year 17 in which affected taxable year attributes would be reported by 18 the direct partner as provided in section 8 of this chapter; and 19 (B) pay any additional amount of tax due as if final federal 20 partnership adjustments had been properly reported, less any 21 credit for related amounts paid or withheld and remitted on 22 behalf of the direct partner. 23 (3) Each tiered partner shall treat any final federal partnership 24 adjustments under this section in a manner consistent with the 25 treatment of tiered partners under section 8 of this chapter. 26 (c) Except as provided in subsection (d), an audited partnership 27 making an election under this subsection shall: 28 (1) not later than the applicable deadline, file an amended 29 partnership return for the review year and for any other affected 30 taxable year elected by the audited partnership, including 31 information as required by the department, and notify the 32 department that it is making the election under this subsection; 33 and 34 (2) not later than ninety (90) days after the applicable deadline, 35 pay an amount, determined as follows, in lieu of taxes owed by its 36 direct or indirect partners: 37 (A) Exclude from final federal adjustments the distributive 38 share of these adjustments reported to a direct exempt partner 39 that is not unrelated business income. 40 (B) For the total distributive shares of the remaining final 41 federal adjustments reported to direct corporate partners and 42 to direct exempt partners, apportion and allocate such ES 451—LS 6727/DI 120 16 1 adjustments as provided under IC 6-3-2-2 or IC 6-3-2-2.2 (in 2 the case of the adjusted gross income tax) or IC 6-5.5-4 (in the 3 case of the financial institutions tax), and multiply the 4 resulting amount by the tax rate for the taxable year under 5 IC 6-3-2-1(b), IC 6-3-2-1(c), IC 6-3-2-1.5, or IC 6-5.5-2-1, as 6 applicable. 7 (C) For the total distributive shares of the remaining final 8 federal adjustments reported to nonresident direct partners 9 other than tiered partners or corporate partners, determine the 10 amount of such adjustments which is Indiana source income 11 under IC 6-3-2-2 or IC 6-3-2-2.2, and multiply the resulting 12 amount by the tax rate under IC 6-3-2-1(a), IC 6-3-2-1(b), and 13 if applicable IC 6-3.6. If a partnership is unable to determine 14 whether a nonresident is subject to tax under IC 6-3.6, or to 15 determine in what county the nonresident is subject to tax 16 under IC 6-3.6, tax shall also be imposed at the highest rate for 17 which a county imposes a tax under IC 6-3.6 for the taxable 18 year. 19 (D) For the total distributive shares of the remaining final 20 federal adjustments reported to tiered partners: 21 (i) determine the amount of any adjustment that is of a type 22 that it would be subject to sourcing in Indiana under 23 IC 6-3-2-2, IC 6-3-2-2.2, or IC 6-5.5-4, as applicable, and 24 determine the portion of this amount that would be sourced 25 to Indiana; 26 (ii) determine the amount of any adjustment that is of a type 27 that it would not be subject to sourcing to Indiana by a 28 nonresident partner under IC 6-3-2-2, IC 6-3-2-2.2, or 29 IC 6-5.5-4, as applicable; 30 (iii) determine the portion of the amount determined under 31 item (ii) that can be established, as prescribed by the 32 department by rule under IC 4-22-2, to be properly allocable 33 to nonresident indirect partners or other partners not subject 34 to tax on the adjustments; and 35 (iv) multiply the sum of the amounts determined in items (i) 36 and (ii) reduced by the amount determined in item (iii) by 37 the highest combined rate for the taxable year under 38 IC 6-3-2-1(a) IC 6-3-2-1(b) and IC 6-3.6 for any county, the 39 rate under IC 6-3-2-1(b), IC 6-3-2-1(c), or the rate under 40 6-5.5-2-1 for the taxable year, whichever is highest. 41 (E) For the total distributive shares of the remaining final 42 federal adjustments reported to resident individual, estate, or ES 451—LS 6727/DI 120 17 1 trust direct partners, multiply that amount by the tax rate under 2 IC 6-3-2-1(a) IC 6-3-2-1(b) and IC 6-3.6. If a partnership does 3 not reasonably ascertain the county of residence for an 4 individual direct partner, the rate under IC 6-3.6 for that 5 partner shall be treated as the highest rate imposed in any 6 county under IC 6-3.6 for the taxable year. 7 (F) Add an amount equal to any credit reduction under 8 IC 6-3-3, IC 6-3.1, and IC 6-5.5 attributable as a result of final 9 federal adjustments. 10 (G) Add the amounts determined in clauses (B), (C), (D)(iv), 11 (E), and (F). For purposes of determining interest and 12 penalties, the due date of payment shall be the due date of the 13 partnership's return under IC 6-3-4-10 for the taxable year, 14 determined without regard to any extensions. 15 (d) Final federal adjustments subject to an election under subsection 16 (c) shall not include: 17 (1) the distributive share of final federal adjustments that would 18 constitute income derived from a partnership to any direct or 19 indirect partner that is a corporation taxable under IC 6-3-2-1(b), 20 IC 6-3-2-1(c), IC 6-3-2-1.5, or IC 6-5.5-2-1 and is considered 21 unitary to the partnership; or 22 (2) any other circumstances that the department determines would 23 result in avoidance or evasion of any tax otherwise due from one 24 (1) or more partners under IC 6-3 or IC 6-5.5. 25 (e) No election under subsection (c) may be made for federal audit 26 adjustments received by the department after April 30, 2023. 27 (f) Notwithstanding IC 6-3-4-11, an audited partnership not 28 otherwise subject to any reporting or payment obligations to Indiana 29 that makes an election under subsection (c) consents to be subject to 30 Indiana law related to reporting, assessment, payment, and collection 31 of Indiana tax calculated under the election. 32 SECTION 5. IC 6-3-4.5-18, AS AMENDED BY P.L.201-2023, 33 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 34 JULY 1, 2025]: Sec. 18. (a) If a partnership or tiered partner is required 35 to issue a report, issue an amended statement, or issue other 36 information to a partner, owner, or beneficiary under this chapter, and 37 does not issue such report, statement, or information within the period 38 such issuance is required under this chapter, the partnership or tiered 39 partner shall be liable for any tax that otherwise may be due from the 40 partner, owner, or beneficiary, notwithstanding any other provision in 41 IC 6-3 or IC 6-5.5. The tax rate under this section shall be computed at 42 the highest rate for the taxable year under: ES 451—LS 6727/DI 120 18 1 (1) IC 6-3-2-1(a), IC 6-3-2-1(b), plus the highest rate imposed in 2 any county under IC 6-3.6; 3 (2) IC 6-3-2-1(b); IC 6-3-2-1(c); or 4 (3) IC 6-5.5-2-1; 5 unless the partnership or tiered partner can establish that a lower rate 6 should apply, the partnership or tiered partner has made an election to 7 be subject to tax under sections 6, 8, or 9 of this chapter, or to the 8 extent the partnership, tiered partner, or the department can determine 9 that the tax was otherwise properly reported and remitted. Such tax 10 shall be considered to be due on the due date of the partnership's or 11 tiered partner's return for the taxable year, determined without regard 12 to extensions. 13 (b) If a partnership or tiered partner issues the report, amended 14 statement, or other information: 15 (1) to an address that the partnership or tiered partner knows or 16 reasonably should know is incorrect; or 17 (2) if the report, amended statement, or other information not 18 described in subdivision (1) is returned and the partnership or 19 tiered partner: 20 (A) fails to take reasonable steps to determine a proper address 21 for reissuance within thirty (30) days after the report, amended 22 statement, or other information is returned; or 23 (B) takes such steps and fails to reissue the report, amended 24 statement, or other information to a proper address within 25 thirty (30) days after the report, amended statement, or other 26 information is returned; 27 such report, amended statement, or other information shall be 28 considered to have not been issued for purposes of this section. 29 (c) The department may issue a proposed assessment under this 30 section not later than three (3) years after the department receives a 31 return or amended return from the partnership or tiered partner for 32 which the partnership or tiered partner fails to issue reports, amended 33 statements, or other information, or from the date a partnership is 34 required to issue partner level adjustments reports to its partners. 35 (d) If: 36 (1) a direct or indirect partner files and remits the tax otherwise 37 due under this section, the assessment to the partnership or tiered 38 partner under this section shall be reduced by the portion of the 39 tax attributable to the direct or indirect partner; and 40 (2) a partnership or tiered partner files and remits the tax under 41 this section, such tax shall be treated as payment of tax to the 42 direct or indirect partners. However, in no event shall the direct ES 451—LS 6727/DI 120 19 1 or indirect partners be permitted a refund of tax paid by a 2 partnership or tiered partner under this section unless otherwise 3 permitted under this chapter or IC 6-8.1-9-1. 4 (e) Nothing in this section shall be construed to relieve a partnership 5 or tiered partner from any duty to issue a report, amended statement, or 6 other information otherwise required under this chapter or under any 7 other provision of IC 6-3 or IC 6-5.5. If a partnership or tiered partner 8 issues a report, amended statement, or other information provided 9 under this chapter after the date otherwise required for issuance, the 10 department may grant relief to any tiered partner, direct partner, or 11 indirect partner affected by the late issuance, including extension of 12 applicable deadlines. ES 451—LS 6727/DI 120 20 COMMITTEE REPORT Mr. President: The Senate Committee on Tax and Fiscal Policy, to which was referred Senate Bill No. 451, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows: Page 2, line 12, delete "2029," and insert "2030,". Page 2, line 13, delete "2028," and insert "2029,". Page 2, line 22, delete "following". Page 2, line 22, delete ":" and insert "of". Page 2, line 23, delete "(A) Five" and insert "five". Page 2, run in lines 22 through 23. Page 2, line 24, after "of the" insert "even-numbered". Page 2, delete lines 26 through 28. Page 3, line 36, delete "report to the" and insert "to the legislative council, and report to the state". Page 3, line 41, delete "each applicable year" and insert "the following even-numbered year". Page 3, line 42, delete "even-numbered" and insert "odd-numbered". Page 4, line 2, after "each" insert "even-numbered". and when so amended that said bill do pass. (Reference is to SB 451 as introduced.) HOLDMAN, Chairperson Committee Vote: Yeas 13, Nays 0. _____ COMMITTEE REPORT Mr. Speaker: Your Committee on Ways and Means, to which was referred Senate Bill 451, has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows: Page 2, line 13, delete "if" and insert "and before January 1, 2032, if, as determined by the budget agency under subsection (e), the: (A) state general fund revenue collections in each of the state fiscal years ending: (i) June 30, 2025; (ii) June 30, 2026; ES 451—LS 6727/DI 120 21 (iii) June 30, 2027; and (iv) June 30, 2028; exceed by at least three and one-half percent (3.5%) the state general fund revenue collections for the respective immediately preceding state fiscal year; and (B) amount of forecasted state general fund revenue collections for the state fiscal year ending June 30, 2029, are estimated to exceed by at least three and one-half percent (3.5%) the state general fund revenue collections in the state fiscal year ending June 30, 2028; the tax rate shall be decreased by the percentage point of five one-hundredths of one percent (0.05%) beginning January 1 of the even-numbered year immediately succeeding the year of the budget agency determination under subsection (e). (10) For taxable years beginning after December 31, 2031, and before January 1, 2034, if, as determined by the budget agency under subsection (e), the: (A) state general fund revenue collections in each of the state fiscal years ending: (i) June 30, 2027; (ii) June 30, 2028; (iii) June 30, 2029; and (iv) June 30, 2030; exceed by at least three and one-half percent (3.5%) the state general fund revenue collections for the respective immediately preceding state fiscal year; and (B) amount of forecasted state general fund revenue collections for the state fiscal year ending June 30, 2031, are estimated to exceed by at least three and one-half percent (3.5%) the state general fund revenue collections in the state fiscal year ending June 30, 2030; the tax rate shall be decreased by the percentage point of five one-hundredths of one percent (0.05%) beginning January 1 of the even-numbered year immediately succeeding the year of the budget agency determination under subsection (e). (11) For taxable years beginning after December 31, 2033, and before January 1, 2036, if, as determined by the budget agency under subsection (e), the: (A) state general fund revenue collections in each of the state fiscal years ending: (i) June 30, 2029; (ii) June 30, 2030; ES 451—LS 6727/DI 120 22 (iii) June 30, 2031; and (iv) June 30, 2032; exceed by at least three and one-half percent (3.5%) the state general fund revenue collections for the respective immediately preceding state fiscal year; and (B) amount of forecasted state general fund revenue collections for the state fiscal year ending June 30, 2033, are estimated to exceed by at least three and one-half percent (3.5%) the state general fund revenue collections in the state fiscal year ending June 30, 2032; the tax rate shall be decreased by the percentage point of five one-hundredths of one percent (0.05%) beginning January 1 of the even-numbered year immediately succeeding the year of the budget agency determination under subsection (e). (12) For taxable years beginning after December 31, 2035, and before January 1, 2038, if, as determined by the budget agency under subsection (e), the: (A) state general fund revenue collections in each of the state fiscal years ending: (i) June 30, 2031; (ii) June 30, 2032; (iii) June 30, 2033; and (iv) June 30, 2034; exceed by at least three and one-half percent (3.5%) the state general fund revenue collections for the respective immediately preceding state fiscal year; and (B) amount of forecasted state general fund revenue collections for the state fiscal year ending June 30, 2035, are estimated to exceed by at least three and one-half percent (3.5%) the state general fund revenue collections in the state fiscal year ending June 30, 2034; the tax rate shall be decreased by the percentage point of five one-hundredths of one percent (0.05%) beginning January 1 of the even-numbered year immediately succeeding the year of the budget agency determination under subsection (e). (13) For taxable years beginning after December 31, 2037, and before January 1, 2040, if, as determined by the budget agency under subsection (e), the: (A) state general fund revenue collections in each of the state fiscal years ending: (i) June 30, 2033; (ii) June 30, 2034; ES 451—LS 6727/DI 120 23 (iii) June 30, 2035; and (iv) June 30, 2036; exceed by at least three and one-half percent (3.5%) the state general fund revenue collections for the respective immediately preceding state fiscal year; and (B) amount of forecasted state general fund revenue collections for the state fiscal year ending June 30, 2037, are estimated to exceed by at least three and one-half percent (3.5%) the state general fund revenue collections in the state fiscal year ending June 30, 2036; the tax rate shall be decreased by the percentage point of five one-hundredths of one percent (0.05%) beginning January 1 of the even-numbered year immediately succeeding the year of the budget agency determination under subsection (e). (14) For taxable years beginning after December 31, 2039, and before January 1, 2042, if, as determined by the budget agency under subsection (e), the: (A) state general fund revenue collections in each of the state fiscal years ending: (i) June 30, 2035; (ii) June 30, 2036; (iii) June 30, 2037; and (iv) June 30, 2038; exceeds by at least three and one-half percent (3.5%) the state general fund revenue collections for the respective immediately preceding state fiscal year; and (B) amount of forecasted state general fund revenue collections for the state fiscal year ending June 30, 2039, are estimated to exceed by at least three and one-half percent (3.5%) the state general fund revenue collections in the state fiscal year ending June 30, 2038; the tax rate shall be decreased by the percentage point of five one-hundredths of one percent (0.05%) beginning January 1 of the even-numbered year immediately succeeding the year of the budget agency determination under subsection (e). (15) For taxable years beginning after December 31, 2041, and before January 1, 2044, if, as determined by the budget agency under subsection (e), the: (A) state general fund revenue collections in each of the state fiscal years ending: (i) June 30, 2037; (ii) June 30, 2038; ES 451—LS 6727/DI 120 24 (iii) June 30, 2039; and (iv) June 30, 2040; exceeds by at least three and one-half percent (3.5%) the state general fund revenue collections for the respective immediately preceding state fiscal year; and (B) amount of forecasted state general fund revenue collections for the state fiscal year ending June 30, 2041, are estimated to exceed by at least three and one-half percent (3.5%) the state general fund revenue collections in the state fiscal year ending June 30, 2040; the tax rate shall be decreased by the percentage point of five one-hundredths of one percent (0.05%) beginning January 1 of the even-numbered year immediately succeeding the year of the budget agency determination under subsection (e). (16) For taxable years beginning after December 31, 2043, the tax rate in effect in taxable years beginning after December 31, 2042, remains in effect.". Page 2, delete lines 14 through 25. Page 3, line 23, delete "thereafter." and insert "thereafter until 2043.". Page 3, line 25, delete "determine the percentage of revenue growth in the actual" and insert "compare the percentage of revenue growth in state general fund revenue collections between state fiscal years as described in subsection (b)(9) through (b)(15), including the comparison of the percentage of revenue growth between the amount of forecasted state general fund revenue collections for particular state fiscal years and the actual state general fund revenue collections for particular state fiscal years, to determine whether the conditions described in subsection (b)(9) through (b)(15) are satisfied.". Page 3, delete lines 26 through 28. Page 3, line 29, delete "for a taxable year under subsection (b)(9).". Page 3, run in lines 25 through 29. Page 3, line 32, after "even-numbered" insert "calendar". Page 3, line 39, after "odd-numbered" insert "calendar". Page 3, line 41, after "even-numbered" insert "calendar". Page 3, line 42, delete "(b)(9)(A) and (b)(9)(B)" and insert "(b)". and when so amended that said bill do pass. ES 451—LS 6727/DI 120 25 (Reference is to SB 451 as printed January 22, 2025.) THOMPSON Committee Vote: yeas 16, nays 7. ES 451—LS 6727/DI 120