Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
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.
SENATE ENROLLED ACT No. 453
AN ACT to amend the Indiana Code concerning taxation.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 6-2.5-1-5, AS AMENDED BY P.L.199-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2026]: Sec. 5. (a) Except as provided in subsection (b),
"gross retail income" means the total amount of consideration,
including cash, credit, property, and services, for which tangible
personal property is sold, leased, or rented, valued in money, whether
received in money or otherwise, without any deduction for:
(1) the seller's cost of the property sold;
(2) the cost of materials used, labor or service cost, interest,
losses, all costs of transportation to the seller, all taxes imposed
on the seller, and any other expense of the seller;
(3) charges by the seller for any services necessary to complete
the sale, other than delivery and installation charges;
(4) delivery charges; or
(5) consideration received by the seller from a third party if:
(A) the seller actually receives consideration from a party
other than the purchaser and the consideration is directly
related to a price reduction or discount on the sale;
(B) the seller has an obligation to pass the price reduction or
discount through to the purchaser;
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(C) the amount of the consideration attributable to the sale is
fixed and determinable by the seller at the time of the sale of
the item to the purchaser; and
(D) the price reduction or discount is identified as a third party
price reduction or discount on the invoice received by the
purchaser or on a coupon, certificate, or other documentation
presented by the purchaser.
For purposes of subdivision (4), delivery charges are charges by the
seller for preparation and delivery of the property to a location
designated by the purchaser of property, including but not limited to
transportation, shipping, postage charges that are not separately stated
on the invoice, bill of sale, or similar document, handling, crating, and
packing. Delivery charges do not include postage charges that are
separately stated on the invoice, bill of sale, or similar document.
(b) "Gross retail income" does not include that part of the gross
receipts attributable to:
(1) the value of any tangible personal property received in a like
kind exchange in the retail transaction, if the value of the property
given in exchange is separately stated on the invoice, bill of sale,
or similar document given to the purchaser;
(2) the receipts received in a retail transaction which constitute
interest, finance charges, or insurance premiums on either a
promissory note or an installment sales contract;
(3) discounts, including cash, terms, or coupons that are not
reimbursed by a third party that are allowed by a seller and taken
by a purchaser on a sale;
(4) interest, financing, and carrying charges from credit extended
on the sale of personal property if the amount is separately stated
on the invoice, bill of sale, or similar document given to the
purchaser;
(5) any taxes legally imposed directly on the consumer that are
separately stated on the invoice, bill of sale, or similar document
given to the purchaser, including an excise tax imposed under
IC 6-6-15;
(6) installation charges that are separately stated on the invoice,
bill of sale, or similar document given to the purchaser;
(7) telecommunications nonrecurring charges;
(8) postage charges that are separately stated on the invoice, bill
of sale, or similar document; or
(9) charges for serving or delivering food and food ingredients
furnished, prepared, or served for consumption at a location, or on
equipment, provided by the retail merchant, to the extent that the
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charges for the serving or delivery are stated separately from the
price of the food and food ingredients when the purchaser pays
the charges.
(c) Notwithstanding subsection (b)(5):
(1) in the case of retail sales of special fuel (as defined in
IC 6-6-2.5-22) or kerosene (as defined in IC 16-44-2-2), the
gross retail income is the total sales price of the special fuel or
kerosene minus the part of that price attributable to tax imposed
under IC 6-6-2.5 (in the case of special fuel) or Section 4041 or
Section 4081 of the Internal Revenue Code (in the case of either
special fuel or kerosene);
(2) in the case of retail sales of cigarettes (as defined in
IC 6-7-1-2), the gross retail income is the total sales price of the
cigarettes including the tax imposed under IC 6-7-1; and
(3) in the case of retail sales of consumable material (as defined
in IC 6-7-4-2), vapor products (as defined in IC 6-7-4-8), and
closed system cartridges (as defined in IC 6-7-2-0.5) under the
closed system cartridge tax, the gross retail income received from
selling at retail is the total sales price of the consumable material
(as defined in IC 6-7-4-2), vapor products (as defined in
IC 6-7-4-8), and closed system cartridges (as defined in
IC 6-7-2-0.5) including the tax imposed under IC 6-7-4 and
IC 6-7-2-7.5.
(d) Gross retail income is only taxable under this article to the
extent that the income represents:
(1) the price of the property transferred, without the rendition of
any services; and
(2) except as provided in subsection (b), any bona fide charges
which are made for preparation, fabrication, alteration,
modification, finishing, completion, delivery, or other service
performed in respect to the property transferred before its transfer
and which are separately stated on the transferor's records. For
purposes of this subdivision, a transfer is considered to have
occurred after the delivery of the property to the purchaser.
(e) A public utility's or a power subsidiary's gross retail income
includes all gross retail income received by the public utility or power
subsidiary, including any minimum charge, flat charge, membership
fee, or any other form of charge or billing.
SECTION 2. IC 6-2.5-3-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 11. If:
(1) a person purchases services or items other than tangible
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personal property in a retail transaction subject to tax under
this article;
(2) the person does not remit the full amount of gross retail
tax on the transaction; and
(3) the transaction is not exempt from tax under this article;
the person is liable for the gross retail tax not collected. Any tax
due under this section shall be reported and remitted in the same
manner as prescribed by the department for the use tax under this
chapter.
SECTION 3. IC 6-2.5-3.5-20, AS ADDED BY P.L.227-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2026]: Sec. 20. (a) Each refiner or terminal operator and
each qualified distributor that is required to remit gasoline use tax
under this chapter shall, remit the tax due to the department
semimonthly, through the department's online tax filing system,
according to the following schedule:
(1) On or before the tenth day of each month for gasoline sold
after the fifteenth day and before the end of the preceding month.
(2) On or before the twenty-fifth day of each month for gasoline
sold after the end of the preceding month and before the sixteenth
day of the month in which the gasoline was sold.
not later than twenty (20) days after the end of each month:
(1) file an electronic return for that month in a form
prescribed by the department through the department's
online tax filing system; and
(2) remit the tax due to the department for that month.
The department may require the reporting of any information
reasonably necessary to determine the amount of gasoline use tax
due under this chapter.
(b) Before the end of each month, each refiner or terminal operator
and each qualified distributor shall file an electronic report covering
the taxes owed and the gallons of gasoline sold or shipped during the
preceding month. The report must include the following:
(1) The number of gallons of gasoline sold or shipped during the
preceding month, identifying each purchaser or receiver as
required by the department.
(2) The amount of tax paid by each purchaser or recipient.
(3) Any other information reasonably required by the department,
including statistics to meet federal requirements.
(c) (b) The gasoline use tax collected under this chapter shall be
deposited in the same manner as state gross retail and use taxes are
required to be deposited under IC 6-2.5-10-1.
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SECTION 4. IC 6-2.5-3.5-27 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 27. (a) If a person purchases
gasoline that is subject to tax under this chapter and:
(1) claims an exemption from tax under this article; or
(2) otherwise causes the tax under this chapter to not be
remitted to the department;
the person purchasing the gasoline shall be liable for any unpaid
tax that otherwise would be due under this chapter on the gasoline
so purchased. For purposes of this section, gasoline for which tax
was paid but subsequently refunded shall be considered gasoline
for which tax was not remitted to the department.
(b) Any tax due under this section shall be reported and
remitted on forms and in the manner prescribed by the
department.
(c) Any tax due under this section:
(1) shall be imposed at the rate for which the tax under this
chapter otherwise would have been imposed; and
(2) shall be due on the twentieth day of the month
immediately following the month of the purchase of gasoline.
SECTION 5. IC 6-2.5-7-1 IS REPEALED [EFFECTIVE JANUARY
1, 2026]. Sec. 1. (a) The definitions in this section apply throughout
this chapter.
(b) "Kerosene" has the same meaning as the definition contained in
IC 16-44-2-2.
(c) "Special fuel" has the same meaning as the definition contained
in IC 6-6-2.5-22.
(d) "Unit" means the unit of measure, such as a gallon or a liter, by
which special fuel is sold.
(e) "Metered pump" means a stationary pump which is capable of
metering the amount of special fuel dispensed from it and which is
capable of simultaneously calculating and displaying the price of the
special fuel dispensed.
(f) "Indiana special fuel tax" means the tax imposed under
IC 6-6-2.5.
(g) "Federal special fuel tax" means the excise tax imposed under
Section 4041 or Section 4081 of the Internal Revenue Code.
(h) "Price per unit before the addition of state and federal taxes"
means an amount which equals the remainder of:
(1) the total price per unit; minus
(2) the state gross retail, Indiana special fuel, and federal special
fuel taxes which are part of the total price per unit.
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(i) "Total price per unit" means the price per unit at which special
fuel is actually sold, including the state gross retail, Indiana special
fuel, and federal special fuel taxes which are part of the sales price.
SECTION 6. IC 6-2.5-7-3 IS REPEALED [EFFECTIVE JANUARY
1, 2026]. Sec. 3. With respect to the sale of kerosene which is
dispensed from a metered pump, unless the purchaser provides an
exemption certificate in accordance with IC 6-2.5-8-8, a retail merchant
shall collect, for each unit of kerosene sold, state gross retail tax in an
amount equal to the product, rounded to the nearest one-tenth of one
cent ($0.001), of:
(1) the price per unit before the addition of state and federal taxes;
multiplied by
(2) seven percent (7%).
Unless the exemption certificate is provided, the retail merchant shall
collect the state gross retail tax prescribed in this section even if the
transaction is exempt from taxation under IC 6-2.5-5.
SECTION 7. IC 6-3-2.1-6, AS ADDED BY P.L.1-2023, SECTION
5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY
1, 2026]: Sec. 6. (a) Except as otherwise provided in this section, an
electing entity shall be subject to the obligation to make estimated tax
payments under this article for the tax imposed under section 4 of this
chapter in the same manner as applicable to corporations under
IC 6-3-4-4.1(c). IC 6-3-4-4.2(b).
(b) For taxable years ending on or before June 30, 2023, an electing
entity is not required to make estimated tax payments.
(c) For taxable years ending after June 30, 2023, and on or before
December 31, 2024, an electing entity shall make an estimated tax
payment for the taxable years on or before the end of the taxable year.
There shall be no penalty for underpayment of estimated tax, except to
the extent the underpayment fails to equal or exceed fifty percent
(50%) of the tax imposed by section 4 of this chapter for the taxable
year.
(d) For taxable years ending after December 31, 2024, there shall be
no penalty for underpayment of estimated tax, except to the extent the
payments during the taxable year fail to equal or exceed the lesser of
eighty percent (80%) of the tax imposed under this chapter for the
taxable year or one hundred percent (100%) of the tax imposed under
this chapter for the preceding taxable year.
(e) In the event of an underpayment under subsection (c) or (d), the
electing entity shall be subject to a penalty in the amount prescribed
under IC 6-8.1-10-2.1(b) on the amount of the underpayment.
SECTION 8. IC 6-3-3-12, AS AMENDED BY P.L.236-2023,
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SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2026]: Sec. 12. (a) As used in this section, "account" has
the meaning set forth in IC 21-9-2-2.
(b) As used in this section, "account beneficiary" has the meaning
set forth in IC 21-9-2-3.
(c) As used in this section, "account owner" has the meaning set
forth in IC 21-9-2-4.
(d) As used in this section, "college choice 529 "Indiana529
education savings plan" refers to a college choice 529 an Indiana529
plan established under IC 21-9.
(e) As used in this section, "contribution" means the amount of
money directly provided to a college choice 529 education savings an
Indiana529 plan account by a taxpayer. A contribution does not
include any of the following:
(1) Money credited to an account as a result of bonus points or
other forms of consideration earned by the taxpayer that result in
a transfer of money to the account.
(2) Money transferred from any other qualified tuition program
under Section 529 of the Internal Revenue Code or from any other
similar plan.
(3) Money transferred from any qualified ABLE program under
Section 529A of the Internal Revenue Code or any other similar
plan.
(f) As used in this section, "nonqualified withdrawal" means a
withdrawal or distribution from a college choice 529 education savings
an Indiana529 plan that is not a qualified withdrawal.
(g) As used in this section, "qualified higher education expenses"
has the meaning set forth in IC 21-9-2-19.5, except that the term does
not include qualified education loan repayments under Section
529(c)(9) of the Internal Revenue Code.
(h) As used in this section, "qualified K-12 education expenses"
means expenses that are for tuition in connection with enrollment or
attendance at an elementary or secondary public, private, or religious
school located in Indiana and are permitted under Section 529 of the
Internal Revenue Code.
(i) As used in this section, "qualified withdrawal" means a
withdrawal or distribution from a college choice 529 education savings
an Indiana529 plan that is made:
(1) to pay for qualified higher education expenses, excluding any
withdrawals or distributions used to pay for qualified higher
education expenses, if the withdrawals or distributions are made
from an account of a college choice 529 education savings an
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Indiana529 plan that is terminated within twelve (12) months
after the account is opened;
(2) as a result of the death or disability of an account beneficiary;
(3) because an account beneficiary received a scholarship that
paid for all or part of the qualified higher education expenses of
the account beneficiary, to the extent that the withdrawal or
distribution does not exceed the amount of the scholarship; or
(4) by a college choice 529 education savings an Indiana529
plan as the result of a transfer of funds by a college choice 529
education savings an Indiana529 plan from one (1) third party
custodian to another.
However, a qualified withdrawal does not include a withdrawal or
distribution that will be used for expenses that are for tuition in
connection with enrollment or attendance at an elementary or
secondary public, private, or religious school unless the school is
located in Indiana. A qualified withdrawal does not include a rollover
distribution or transfer of assets from a college choice 529 education
savings an Indiana529 plan to any other qualified tuition program
under Section 529 of the Internal Revenue Code, to any qualified
ABLE program under Section 529A other than an Indiana ABLE 529A
savings plan adopted by the state under IC 12-11, or to any other
similar plan.
(j) As used in this section, "taxpayer" means:
(1) an individual filing a single return;
(2) a married couple filing a joint return; or
(3) for taxable years beginning after December 31, 2019, a
married individual filing a separate return.
(k) A taxpayer is entitled to a credit against the taxpayer's adjusted
gross income tax imposed by IC 6-3-1 through IC 6-3-7 for a taxable
year equal to the least of the following:
(1) The following amount:
(A) For taxable years beginning before January 1, 2019, the
sum of twenty percent (20%) multiplied by the amount of the
total contributions that are made by the taxpayer to an account
or accounts of a college choice 529 education savings plan
during the taxable year and that will be used to pay for
qualified higher education expenses that are not qualified K-12
education expenses, plus the lesser of:
(i) five hundred dollars ($500); or
(ii) ten percent (10%) multiplied by the amount of the total
contributions that are made by the taxpayer to an account or
accounts of a college choice 529 education savings plan
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during the taxable year and that will be used to pay for
qualified K-12 education expenses.
(B) For taxable years beginning after December 31, 2018, the
sum of:
(i) twenty percent (20%) multiplied by the amount of the
total contributions that are made by the taxpayer to an
account or accounts of a college choice 529 education
savings plan during the taxable year and that are designated
to pay for qualified higher education expenses that are not
qualified K-12 education expenses; plus
(ii) twenty percent (20%) multiplied by the amount of the
total contributions that are made by the taxpayer to an
account or accounts of a college choice 529 education
savings plan during the taxable year and that are designated
to pay for qualified K-12 education expenses.
(1) Twenty percent (20%) multiplied by the amount of the
total contributions that are made by the taxpayer to an
account or accounts of an Indiana529 plan during the taxable
year.
(2) One thousand five hundred dollars ($1,500), or seven hundred
fifty dollars ($750) in the case of a married individual filing a
separate return.
(3) The amount of the taxpayer's adjusted gross income tax
imposed by IC 6-3-1 through IC 6-3-7 for the taxable year,
reduced by the sum of all credits (as determined without regard to
this section) allowed by IC 6-3-1 through IC 6-3-7.
(l) This subsection applies after December 31, 2018. At the time a
contribution is made to or a withdrawal is made from an account or
accounts of a college choice 529 education savings plan, the person
making the contribution or withdrawal shall designate whether the
contribution is made for or the withdrawal will be used for:
(1) qualified higher education expenses that are not qualified
K-12 education expenses; or
(2) qualified K-12 education expenses.
The Indiana education savings authority (IC 21-9-3) shall use
subaccounting to track the designations.
(m) (l) A taxpayer who makes a contribution to a college choice 529
education savings an Indiana529 plan is considered to have made the
contribution on the date that:
(1) the taxpayer's contribution is postmarked or accepted by a
delivery service, for contributions that are submitted to a college
choice 529 education savings an Indiana529 plan by mail or
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delivery service; or
(2) the taxpayer's electronic funds transfer is initiated, for
contributions that are submitted to a college choice 529 education
savings an Indiana529 plan by electronic funds transfer.
(n) (m) A taxpayer is not entitled to a carryback, carryover, or
refund of an unused credit.
(o) (n) A taxpayer may not sell, assign, convey, or otherwise transfer
the tax credit provided by this section.
(p) (o) To receive the credit provided by this section, a taxpayer
must claim the credit on the taxpayer's annual state tax return or returns
in the manner prescribed by the department. The taxpayer shall submit
to the department all information that the department determines is
necessary for the calculation of the credit provided by this section.
(q) (p) An account owner of an account of a college choice 529
education savings an Indiana529 plan must repay all or a part of the
credit in a taxable year in which any nonqualified withdrawal is made
from the account. The amount the taxpayer must repay is equal to the
lesser of:
(1) twenty percent (20%) of the total amount of nonqualified
withdrawals made during the taxable year from the account; or
(2) the excess of:
(A) the cumulative amount of all credits provided by this
section that are claimed by any taxpayer with respect to the
taxpayer's contributions to the account for all prior taxable
years beginning on or after January 1, 2007; over
(B) the cumulative amount of repayments paid by the account
owner under this subsection for all prior taxable years
beginning on or after January 1, 2008.
(r) (q) Any required repayment under subsection (q) (p) shall be
reported by the account owner on the account owner's annual state
income tax return for any taxable year in which a nonqualified
withdrawal is made.
(s) (r) A nonresident account owner who is not required to file an
annual income tax return for a taxable year in which a nonqualified
withdrawal is made shall make any required repayment on the form
required under IC 6-3-4-1(2). If the nonresident account owner does
not make the required repayment, the department shall issue a demand
notice in accordance with IC 6-8.1-5-1.
(t) (s) The executive director of the Indiana education savings
authority shall submit or cause to be submitted to the department a
copy of all information returns or statements issued to account owners,
account beneficiaries, and other taxpayers for each taxable year with
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respect to:
(1) nonqualified withdrawals made from accounts, including
subaccounts of a college choice 529 education savings an
Indiana529 plan for the taxable year; or
(2) account closings for the taxable year.
(u) (t) The following apply to contributions made after December
31, 2023:
(1) For purposes of this section, all or part of a contribution made
after the end of a taxable year, and not later than the due date of
the taxpayer's adjusted gross income tax return for the taxable
year under this article (as determined without regard to any
allowable extensions), shall be considered as having been made
during the taxable year preceding the contribution if:
(A) the taxpayer elects to treat all or part of a contribution as
occurring in the taxable year preceding the contribution;
(B) the taxpayer designates the amounts of the contribution to
be treated as occurring in each taxable year, in the case of a
single contribution that is to be allowable under this section in
two (2) separate years; and
(C) the taxpayer irrevocably waives the right to claim the
contribution claimed in the taxable year preceding the
contribution as occurring in the taxable year of the
contribution.
(2) The Indiana education savings authority may prescribe any
forms necessary for purposes of this subsection.
SECTION 9. IC 6-3-3-12.1, AS AMENDED BY P.L.236-2023,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2026]: Sec. 12.1. (a) As used in this section, "ABLE
account" has the meaning set forth in IC 12-11-14-1.
(b) As used in this section, "contribution" means the amount of
money directly provided to an Indiana ABLE 529A savings plan
account by a taxpayer. A contribution does not include any of the
following:
(1) Money credited to an ABLE account as a result of bonus
points or other forms of consideration earned by the taxpayer that
result in a transfer of money to the ABLE account.
(2) Money transferred from any qualified ABLE program under
Section 529A of the Internal Revenue Code or from any other
similar plan.
(3) Money transferred from any qualified tuition program under
Section 529 of the Internal Revenue Code or from any other
similar plan.
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(c) As used in this section, "designated beneficiary" has the meaning
set forth in IC 12-11-14-5.
(d) As used in this section, "Indiana ABLE 529A savings plan"
refers to the Achieving a Better Life Experience (ABLE) 529A plan
established under IC 12-11.
(e) As used in this section, "nonqualified withdrawal" means a
withdrawal or distribution from an Indiana ABLE 529A savings plan
that is not a qualified withdrawal.
(f) As used in this section, "qualified disability expense" has the
meaning set forth in IC 12-11-14-8.
(g) As used in this section, "qualified withdrawal" means a
withdrawal or distribution from an Indiana ABLE 529A savings plan
that is made:
(1) to pay for qualified disability expenses, excluding any
withdrawals or distributions used to pay for qualified disability
expenses, if the withdrawals or distributions are made from an
Indiana ABLE 529A savings plan that is terminated within twelve
(12) months after the ABLE account is opened;
(2) as a result of the death of a designated beneficiary; or
(3) by an Indiana ABLE 529A savings plan as the result of a
transfer of funds by an Indiana ABLE 529A savings plan from
one (1) third party custodian to another.
A qualified withdrawal does not include a rollover distribution or
transfer of assets from an Indiana ABLE 529A savings plan to any
other qualified ABLE program under Section 529A of the Internal
Revenue Code, or to any qualified tuition program under Section 529
of the Internal Revenue Code other than a college choice 529 education
savings plan an Indiana529 plan established under IC 21-9, or to any
other similar plan.
(h) As used in this section, "taxpayer" means:
(1) an individual filing a single return;
(2) a married couple filing a joint return; or
(3) a married individual filing a separate return.
(i) A taxpayer is entitled to a credit against the taxpayer's adjusted
gross income tax imposed by IC 6-3-1 through IC 6-3-7 for a taxable
year equal to the least of the following:
(1) Twenty percent (20%) of the amount of the total contributions
made by the taxpayer to an ABLE account or accounts of an
Indiana ABLE 529A savings plan during the taxable year.
(2) Five hundred dollars ($500).
(3) The amount of the taxpayer's adjusted gross income tax
imposed by IC 6-3-1 through IC 6-3-7 for the taxable year,
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reduced by the sum of all credits (as determined without regard to
this section) allowed by IC 6-3-1 through IC 6-3-7.
(j) A taxpayer is not entitled to a carryback, carryover, or refund of
an unused credit.
(k) A taxpayer may not sell, assign, convey, or otherwise transfer the
tax credit provided by this section.
(l) To receive the credit provided by this section, a taxpayer must
claim the credit on the taxpayer's annual state tax return or returns in
the manner prescribed by the department. The taxpayer shall submit to
the department all information that the department determines is
necessary for the calculation of the credit provided by this section.
(m) An owner of an ABLE account of an Indiana ABLE 529A
savings plan must repay all or a part of the credit in a taxable year in
which any nonqualified withdrawal is made from the ABLE account.
The amount the taxpayer must repay is equal to the lesser of:
(1) twenty percent (20%) of the total amount of nonqualified
withdrawals made during the taxable year from the ABLE
account; or
(2) the excess of:
(A) the cumulative amount of all credits provided by this
section that are claimed by any taxpayer with respect to the
taxpayer's contributions to the ABLE account for all prior
taxable years; over
(B) the cumulative amount of repayments paid by the owner of
the ABLE account under this subsection for all prior taxable
years.
(n) Any required repayment under subsection (m) must be reported
by the owner of the ABLE account on the owner's annual state income
tax return for any taxable year in which a nonqualified withdrawal is
made.
(o) A nonresident owner of an ABLE account who is not required
to file an annual income tax return for a taxable year in which a
nonqualified withdrawal is made shall make any required repayment on
the form required under IC 6-3-4-1(2). If the nonresident owner of the
ABLE account does not make the required repayment, the department
shall issue a demand notice in accordance with IC 6-8.1-5-1.
(p) The executive director of the Indiana ABLE authority shall
submit or cause to be submitted to the department a copy of all
information returns or statements issued to ABLE account owners,
designated beneficiaries, and other taxpayers for each taxable year with
respect to:
(1) nonqualified withdrawals made from ABLE accounts for the
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taxable year; or
(2) ABLE account closings for the taxable year.
(q) The following apply to contributions made after December 31,
2023:
(1) For purposes of this section, all or part of a contribution made
after the end of a taxable year, and not later than the due date of
the taxpayer's adjusted gross income tax return for the taxable
year under this article (as determined without regard to any
allowable extensions), shall be considered as having been made
during the taxable year preceding the contribution if:
(A) the taxpayer elects to treat all or part of a contribution as
occurring in the taxable year preceding the contribution;
(B) the taxpayer designates the amounts of the contribution to
be treated as occurring in each taxable year, in the case of a
single contribution that is to be allowable under this section in
two (2) separate years; and
(C) the taxpayer irrevocably waives the right to claim the
contribution claimed in the taxable year preceding the
contribution as occurring in the taxable year of the
contribution.
(2) An irrevocable election under this subsection must be made
in writing at the time the contribution is made.
(3) The Indiana ABLE authority may prescribe any forms
necessary for purposes of this subsection.
SECTION 10. IC 6-3-4-4.1, AS AMENDED BY P.L.159-2021,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2026]: Sec. 4.1. (a) Any individual required by the
Internal Revenue Code or this section to file estimated tax returns and
to make payments on account of such estimated tax shall file estimated
tax returns and make payments of the tax imposed by this article to the
department at the time or times and in the installments as provided by
Section 6654 of the Internal Revenue Code. However, the following
apply to estimated tax returns filed and payments made under this
subsection:
(1) In applying Section 6654 of the Internal Revenue Code for the
purposes of this article, "estimated tax" means the amount which
the individual estimates as the sum of the amount of the adjusted
gross income tax imposed by this article for the taxable year and
the sum of the amount of local income tax under IC 6-3.6,
including any amounts of credits required to be recaptured
under IC 6-3-3 and IC 6-3.1, minus the amount which the
individual estimates as the sum of any credits against the tax
SEA 453 — CC 1
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provided by IC 6-3-3, IC 6-3.1, and IC 6-3.6, other than the
amounts of tax withheld under this chapter.
(2) Estimated tax for a nonresident alien (as defined in Section
7701 of the Internal Revenue Code) must be computed by
applying not more than one (1) exclusion under IC 6-3-1-3.5(a)(3)
and IC 6-3-1-3.5(a)(4), regardless of the total number of
exclusions that IC 6-3-1-3.5(a)(3) and IC 6-3-1-3.5(a)(4) permit
the taxpayer to apply on the taxpayer's final return for the taxable
year.
(3) If an individual does not file a return for the preceding
taxable year and the individual can establish that the
individual did not have a liability under IC 6-3 and IC 6-3.6,
Section 6654 of the Internal Revenue Code shall be applied as
if the tax liability for the preceding taxable year under IC 6-3
and IC 6-3.6 was zero dollars ($0).
(b) Every individual who has adjusted gross income subject to the
tax imposed by this article and from which tax is not withheld under
the requirements of this chapter or for which tax is not remitted on
behalf of the individual under IC 6-3-2.1 shall make a declaration of
estimated tax for the taxable year. However, no such declaration shall
be required if the estimated tax can reasonably be expected to be less
than one thousand dollars ($1,000). In the case of an underpayment of
the estimated tax as provided in Section 6654 of the Internal Revenue
Code, there shall be added to the tax a penalty in an amount prescribed
by IC 6-8.1-10-2.1(b).
(c) Every corporation subject to the adjusted gross income tax
liability imposed by this article shall be required to report and pay an
estimated tax equal to the lesser of:
(1) twenty-five percent (25%) of such corporation's estimated
adjusted gross income tax liability for the taxable year; or
(2) the annualized income installment calculated in the manner
provided by Section 6655(e) of the Internal Revenue Code as
applied to the corporation's liability for adjusted gross income tax.
A taxpayer who uses a taxable year that ends on December 31 shall file
the taxpayer's estimated adjusted gross income tax returns and pay the
tax to the department on or before April 20, June 20, September 20,
and December 20 of the taxable year. If a taxpayer uses a taxable year
that does not end on December 31, the due dates for filing estimated
adjusted gross income tax returns and paying the tax are on or before
the twentieth day of the fourth, sixth, ninth, and twelfth months of the
taxpayer's taxable year. The department shall prescribe the manner and
forms for such reporting and payment.
SEA 453 — CC 1
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(d) The penalty in the amount prescribed by IC 6-8.1-10-2.1(b) shall
be assessed by the department on corporations failing to make
payments as required in subsection (c) or (f). However, no penalty shall
be assessed as to any estimated payments of adjusted gross income tax
which equal or exceed:
(1) the amount calculated under subsection (c); or
(2) twenty-five percent (25%) of the final tax liability for the
taxpayer's previous taxable year.
In addition, the penalty as to any underpayment of tax on an estimated
return shall only be assessed on the difference between the actual
amount paid by the corporation on such estimated return and
twenty-five percent (25%) of the corporation's final adjusted gross
income tax liability for such taxable year. A payment required to be
made in the manner prescribed in subsection (f), but not paid in such
a prescribed manner, shall be subject to the penalty provided in
IC 6-8.1-10-2.1(b)(5).
(e) The provisions of subsection (c) requiring the reporting and
estimated payment of adjusted gross income tax shall be applicable
only to corporations having an adjusted gross income tax liability
which, after application of the credit allowed by IC 6-3-3-2 (repealed),
shall exceed two thousand five hundred dollars ($2,500) for its taxable
year.
(f) If the department determines that a corporation's:
(1) estimated quarterly adjusted gross income tax liability for the
current year; or
(2) average estimated quarterly adjusted gross income tax liability
for the preceding year;
exceeds five thousand dollars ($5,000), after the credit allowed by
IC 6-3-3-2 (repealed), the corporation shall pay the estimated adjusted
gross income taxes due by electronic funds transfer (as defined in
IC 4-8.1-2-7) or by delivering in person or overnight by courier a
payment by cashier's check, certified check, or money order to the
department. The transfer or payment shall be made on or before the
date the tax is due.
(g) If a corporation's adjusted gross income tax payment is made by
electronic funds transfer, the corporation is not required to file an
estimated adjusted gross income tax return.
(h) (c) An individual filing an estimated tax return and making an
estimated tax payment under this section must designate:
(1) the portion of the estimated tax payment that represents
estimated state adjusted gross income tax liability; and
(2) the portion of the estimated tax payment that represents
SEA 453 — CC 1
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estimated local income tax liability under IC 6-3.6.
The department shall adopt guidelines and issue instructions as
necessary to assist individuals in making the designations required by
this subsection.
(i) For a corporation required to make estimated payments under
this section:
(1) if a corporation has a current taxable year or a previous
taxable year that is less than twelve (12) months, the penalty
under this section shall be computed in a manner consistent with
Section 6655 of the Internal Revenue Code, including regulations
promulgated thereunder; and
(2) the department may adopt rules or issue guidelines related to
the application of payments withheld on behalf of the corporation
under this chapter or IC 6-5.5-2-8.
SECTION 11. IC 6-3-4-4.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2026]: Sec. 4.2. (a) The following apply for purposes
of this section:
(1) "Final tax liability" for a taxable year means the reported
tax liability of a taxpayer, except that:
(A) for purposes of determining the final tax liability for a
previous taxable year of less than twelve (12) months, the
final tax liability shall be:
(i) the reported adjusted gross income tax liability;
divided by
(ii) the number of estimated payments otherwise
required under this chapter; multiplied by
(iii) four (4);
(B) if the taxpayer does not have a reported tax liability for
the previous year and properly does not file an adjusted
gross income tax return under IC 6-3 or financial
institutions tax under IC 6-5.5, the taxpayer's final tax
liability shall be considered to be zero dollars ($0); and
(C) if the taxpayer has a reported tax liability of zero
dollars ($0) for the previous taxable year, the taxpayer
shall be treated as having a tax liability of zero dollars ($0).
(2) "Reported tax liability" means the adjusted gross income
tax under IC 6-3 or financial institutions tax under IC 6-5.5 as
reported by the taxpayer for the taxable year on the
taxpayer's return after application of any credits allowable to
the taxpayer under IC 6-3-3, IC 6-3.1, or IC 6-5.5 other than
credits for:
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(A) estimated taxes paid under this section or IC 6-5.5-6-3;
(B) taxes withheld on behalf of the taxpayer under this
chapter or IC 6-5.5-2-8; or
(C) taxes paid by a pass through entity on behalf of the
taxpayer under IC 6-3-2.1.
The term reported tax liability includes the recapture of any
tax credits under IC 6-3-3 or IC 6-3.1 reported on the tax
return for the taxable year. If the taxpayer fails to file a tax
return for a taxable year under IC 6-3 or IC 6-5.5, and the
department determines that the taxpayer owes adjusted gross
income tax under IC 6-3 or financial institutions tax under
IC 6-5.5, the reported tax liability shall be the greater of the
amount for the taxable year under IC 6-3 or IC 6-5.5 as
determined by the department or the amount for the
immediately following taxable year under IC 6-3 or IC 6-5.5.
(b) Except as otherwise provided in this section, every
corporation subject to the adjusted gross income tax liability
imposed by this article shall be required to report and pay an
estimated tax equal to twenty-five percent (25%) of such
corporation's estimated adjusted gross income tax liability for the
taxable year. The following apply:
(1) A taxpayer who uses a taxable year that ends on December
31 shall file the taxpayer's estimated adjusted gross income
tax returns and pay the tax to the department on or before
April 20, June 20, September 20, and December 20 of the
taxable year.
(2) If a taxpayer uses a taxable year that does not end on
December 31, the due dates for filing estimated adjusted gross
income tax returns and paying the tax are on or before the
twentieth day of the fourth, sixth, ninth, and twelfth months
of the taxpayer's taxable year. The department shall prescribe
the manner and forms for such reporting and payment.
(3) Any taxes withheld on behalf of the corporation under this
chapter or IC 6-5.5-2-8, and any taxes remitted on behalf of
the corporation under IC 6-3-2.1, shall be treated as estimated
tax payments on behalf of the corporation for purposes of this
section. Such taxes shall be attributed to each required
payment in the manner the underlying income is attributed
under Section 6655 of the Internal Revenue Code.
(4) If the taxpayer has a taxable year that is less than twelve
(12) months, the estimated payments under this section shall
be adjusted in the manner prescribed by Section 6655 of the
SEA 453 — CC 1
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Internal Revenue Code and applicable regulations.
(c) If a corporation determines that its estimated tax payment
using an annualized method under Section 6655(e) of the Internal
Revenue Code is lower than the amount required under subsection
(b), the corporation shall be permitted to use an annualized method
under Section 6655(e) of the Internal Revenue Code to determine
its estimated tax payment under subsection (b), and shall recapture
any reduction in the estimated tax payment in the manner
prescribed by Section 6655(e) of the Internal Revenue Code. The
corporation may not use an annualized method under this section
that would not be allowable to the corporation under Section 6655
of the Internal Revenue Code.
(d) The penalty in the amount prescribed by IC 6-8.1-10-2.1(b)
shall be assessed by the department on corporations failing to
make payments as required in subsection (b). However, no penalty
shall be assessed as to any estimated payments of adjusted gross
income tax which equal or exceed:
(1) the amount calculated under subsection (b); or
(2) twenty-five percent (25%) of the final tax liability for the
taxpayer's previous taxable year.
In addition, the penalty as to any underpayment of tax on an
estimated return shall only be assessed on the difference between
the actual amount paid by the corporation on such estimated
return and the amount determined under subsection (b).
(e) The provisions of subsection (b) requiring the reporting and
estimated payment of adjusted gross income tax shall be applicable
only to corporations having an adjusted gross income tax liability
which exceeds two thousand five hundred dollars ($2,500) for its
taxable year.
(f) If the department determines that a corporation's:
(1) estimated quarterly adjusted gross income tax liability for
the current year; or
(2) average estimated quarterly adjusted gross income tax
liability for the preceding year;
exceeds five thousand dollars ($5,000), the corporation shall pay
the estimated adjusted gross income taxes due by electronic funds
transfer (as defined in IC 4-8.1-2-7) or by delivering in person or
overnight by courier a payment by cashier's check, certified check,
or money order to the department. The transfer or payment shall
be made on or before the date the tax is due. A failure to make a
payment in the manner prescribed under this subsection shall be
subject to penalty as provided in IC 6-8.1-10-2.1(b)(5).
SEA 453 — CC 1
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(g) In the case of corporations that switch filing status, the final
tax liability shall be determined in the manner consistent with
Section 1502 of the Internal Revenue Code and regulations
thereunder.
SECTION 12. IC 6-3-4-17, AS AMENDED BY P.L.197-2016,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2026]: Sec. 17. Beginning after December 31, 2010, the
department and the office of management and budget shall:
(1) develop a quarterly report that summarizes the amount
reported to and processed by the department under section 4.1(h)
4.1(c) of this chapter, section 15.7(a)(3) of this chapter, and
IC 6-3.6-8-5 for each county; and
(2) make the quarterly report available to county auditors within
forty-five (45) days after the end of the calendar quarter.
SECTION 13. IC 6-5.5-6-3, AS AMENDED BY P.L.211-2007,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2026]: Sec. 3. (a) Each taxpayer subject to taxation
under this article shall report and pay quarterly an estimated tax equal
to twenty-five percent (25%) of the taxpayer's total estimated tax
liability imposed by this article for the taxable year. A taxpayer that
uses a taxable year that ends on December 31 shall file the taxpayer's
estimated quarterly financial institutions tax return and pay the tax to
the department on or before April 20, June 20, September 20, and
December 20 of the taxable year, without assessment or notice and
demand from the department. If a taxpayer uses a taxable year that does
not end on December 31, the due dates for filing the estimated
quarterly financial institutions tax return and paying the tax are on or
before the twentieth day of the fourth, sixth, ninth, and twelfth months
of the taxpayer's taxable year. The department shall prescribe the
manner and furnish the forms for reporting and payment.
(b) Subsection (a) is applicable only to taxpayers having a tax
liability imposed under this article that exceeds two thousand five
hundred dollars ($2,500) for the taxable year.
(c) If the department determines that a taxpayer's:
(1) estimated quarterly financial institutions tax liability for the
current year; or
(2) average quarterly financial institutions tax payment for the
preceding year;
exceeds five thousand dollars ($5,000), the taxpayer shall pay the
quarterly financial institutions taxes due by electronic fund transfer (as
defined in IC 4-8.1-2-7) or by delivering in person or by overnight
courier a payment by cashier's check, certified check, or money order
SEA 453 — CC 1
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to the department. The transfer or payment shall be made on or before
the date the tax is due.
(d) If a taxpayer's financial institutions tax payment is made by
electronic fund transfer, the taxpayer is not required to file a quarterly
financial institutions tax return.
(e) If the taxpayer has a taxable year that is less than twelve (12)
months, the estimated payments under this section shall be
adjusted in the manner prescribed by Section 6655 of the Internal
Revenue Code and applicable regulations.
SECTION 14. IC 6-5.5-7-1, AS AMENDED BY P.L.159-2021,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2026]: Sec. 1. (a) For purposes of this section, "final
tax liability" has the meaning set forth in IC 6-3-4-4.2(a)(1).
(a) (b) The penalty in the amount prescribed by IC 6-8.1-10-2.1(b)
shall be assessed by the department on a taxpayer who fails to make
payments as required in IC 6-5.5-6. However, no penalty shall be
assessed for a quarterly payment if the payment equals or exceeds:
(1) twenty percent (20%) of the final tax liability for the taxable
year; or
(2) twenty-five percent (25%) of the final tax liability for the
taxpayer's previous taxable year.
(b) (c) The penalty for an underpayment of tax on a quarterly return
shall only be assessed on the difference between the actual amount paid
by the taxpayer on the quarterly return and the lesser of:
(1) twenty percent (20%) of the taxpayer's final tax liability for
the taxable year; or
(2) twenty-five percent (25%) of the taxpayer's final tax liability
for the taxpayer's previous taxable year.
A payment required to be made in the manner prescribed in
IC 6-5.5-6-3(c), but not paid in such a prescribed manner, shall be
subject to the penalty provided in IC 6-8.1-10-2.1(b)(5).
(c) (d) For a corporation required to make estimated payments under
this section:
(1) if a corporation has a current taxable year or a previous
taxable year that is less than twelve (12) months, the penalty
under this section shall be computed in a manner consistent with
Section 6655 of the Internal Revenue Code, including regulations
promulgated thereunder; the amounts under subsections (b) and
(c) shall be adjusted in the same manner as an estimated
payment required under IC 6-3-4-4.2; and
(2) the department may adopt rules or issue guidelines related to
the application of payments withheld on behalf of the corporation
SEA 453 — CC 1
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under IC 6-3-4 or IC 6-5.5-2-8. any taxes withheld on behalf of
the corporation under IC 6-3-4 or IC 6-5.5-2-8, and any taxes
remitted on behalf of the corporation under IC 6-3-2.1, shall
be treated as estimated tax payments on behalf of the
corporation for purposes of this section. Such taxes shall be
attributed to each required payment in the manner the
underlying income is attributed under Section 6655 of the
Internal Revenue Code.
SECTION 15. IC 6-7-2-7, AS AMENDED BY P.L.236-2023,
SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) A tax is imposed on the distribution of
tobacco products in Indiana at the following rates:
(1) Twenty-four percent (24%) of the wholesale price of tobacco
products other than moist snuff.
(2) For moist snuff, forty cents ($0.40) per ounce, and a
proportionate tax at the same rate on all fractional parts of an
ounce. If the tax calculated for a fractional part of an ounce
carried to the third decimal place results in the numeral in the
third decimal place being greater than four (4), the amount of the
tax shall be rounded to the next additional cent.
(3) For cigars twenty-four percent (24%) of the wholesale price
of a cigar. However the tax imposed per cigar shall not exceed
one dollar ($1).
(b) A tax is imposed on the distribution of alternative nicotine
products in Indiana at a rate of forty cents ($0.40) per ounce, and a
proportionate tax at the same rate on all fractional parts of an ounce,
calculated based upon the product weight as listed by the manufacturer.
If the tax calculated for a fractional part of an ounce carried to the third
decimal place being greater than four (4), the amount of the tax shall
be rounded to the next additional cent.
(c) The distributor of the tobacco products or alternative nicotine
products is liable for the tax imposed under subsections (a) or (b). The
tax is imposed at the time the distributor:
(1) brings or causes tobacco products or alternative nicotine
products to be brought into Indiana for distribution;
(2) manufactures tobacco products or alternative nicotine
products in Indiana for distribution;
(3) transports tobacco products or alternative nicotine products to
retail dealers in Indiana for resale by those retail dealers; or
(4) first receives the tobacco products or alternative nicotine
products in Indiana in the case of a distributor or to distributor
transactions.
SEA 453 — CC 1
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(d) The Indiana general assembly finds that the tax rate on
smokeless tobacco should reflect the relative risk between such
products and cigarettes.
(e) A consumer who purchases untaxed tobacco products or
alternative nicotine products from a distributor or retailer is liable for
the tax imposed under subsections (a) or (b).
SECTION 16. IC 6-7-2-7.5, AS AMENDED BY THE TECHNICAL
CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
Sec. 7.5. (a) A tax is imposed on the distribution of closed system
cartridges in Indiana at the rate of fifteen percent (15%) of the
wholesale price of the closed system cartridge. If a closed system
cartridge is sold in the same package as a vapor product device, the tax
imposed under this subsection shall only apply to the wholesale price
of the closed system cartridge if the wholesale cost of the closed system
cartridge can be isolated from the vapor product device on the invoice.
(b) The distributor of closed system cartridges, including a person
that sells closed system cartridges through an Internet web site, a
website, is liable for the tax imposed under subsection (a). The tax is
imposed at the time the distributor:
(1) brings or causes closed system cartridges to be brought into
Indiana for distribution;
(2) manufactures closed system cartridges in Indiana for
distribution; or
(3) transports closed system cartridges to retail dealers in Indiana
for resale by those retail dealers; or
(4) first receives the closed system cartridges in Indiana in the
case of distributor to distributor transactions.
(c) A consumer who purchases untaxed closed system cartridges
from a distributor or retailer is liable for the tax imposed under
subsection (a).
SECTION 17. IC 6-7-2-8, AS AMENDED BY HEA 1275-2025,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) A distributor, including a person that sells
taxable products through a website, must obtain a license under this
section before it distributes taxable products in Indiana. The
department shall issue licenses to applicants that qualify under this
section. A license issued under this section is valid for one (1) year two
(2) years unless revoked or suspended by the department and is not
transferable.
(b) An applicant for a license under this section must submit proof
to the department of the appointment of an agent for service of process
SEA 453 — CC 1
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in Indiana if the applicant is:
(1) an individual whose principal place of residence is outside
Indiana; or
(2) a person, other than an individual, that has its principal place
of business outside Indiana.
(c) To obtain or renew a license under this section, a person must:
(1) submit, for each location where it intends to distribute taxable
products, an application that includes all information required by
the department;
(2) pay a fee of twenty-five dollars ($25) at the time of
application; and
(3) at the time of application, post a bond, issued by a surety
company approved by the department, in an amount not less than
one thousand dollars ($1,000) and conditioned on the applicant's
compliance with this chapter.
(d) If business is transacted at two (2) or more places by one (1)
distributor, a separate license must be obtained for each place of
business.
(e) Each license must be numbered, show the name and address of
the distributor, and be posted in a conspicuous place at the place of
business for which it is issued.
(f) If the department determines that a bond provided by a licensee
is inadequate, the department may require a new bond in the amount
necessary to fully protect the state.
(g) A distributor issued a license under this section is prohibited
from selling, using, or distributing flavored nitrous oxide. If a
distributor violates this subsection, the department may suspend or
revoke the distributor's license and impose sanctions on the distributor
in an amount equal to the cost of disposing of the flavored nitrous
oxide.
SECTION 18. IC 6-7-2-8.5, AS AMENDED BY P.L.118-2024,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8.5. (a) A remote seller, including a person that
sells taxable products through a website, must obtain a license under
this section before a remote seller can sell taxable products in Indiana.
The department shall issue licenses to applicants that qualify under this
section. A license issued under this section is valid for one (1) year two
(2) years unless revoked or suspended by the department and is not
transferable.
(b) An applicant for a license under this section must submit proof
to the department of the appointment of an agent for service of process
in Indiana if the applicant is:
SEA 453 — CC 1
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(1) an individual whose principal place of residence is outside
Indiana; or
(2) a person, other than an individual, that has its principal place
of business outside Indiana.
(c) To obtain or renew a license under this section, a person must:
(1) submit an application that includes all information required by
the department;
(2) meet the economic threshold under IC 6-2.5-2-1(d) and obtain
a registered retail merchant certificate;
(3) attest that the person uses third party age verification
technology as described in subsection (d);
(4) pay a fee of twenty-five dollars ($25) at the time of
application; and
(5) at the time of application, post a bond, issued by a surety
company approved by the department, in an amount not less than
one thousand dollars ($1,000) and conditioned on the applicant's
compliance with this chapter.
(d) A remote seller must use age verification through an
independent, third party age verification service that compares:
(1) information available from a commercially available data base
(or aggregate of data bases) that are regularly used by government
agencies and businesses for the purpose of age and identity
verification; and
(2) personal information entered by the individual during the
ordering process;
that establishes that the individual is of the required minimum age.
(e) A remote seller that collects the tax imposed under section 7.7
of this chapter using the actual cost list method to calculate the tax
must provide to the department a certified actual cost list for each
individual product offered for sale in the subsequent calendar year. The
actual cost list shall be updated annually as new products are added to
a remote seller's inventory. New products must be added to the actual
cost list using the actual cost first paid for each individual product.
(f) If a business owns multiple entities that qualify as a remote
seller, a separate license must be obtained for each remote seller.
(g) Each license must be numbered, show the name and address of
the remote seller, and be kept at the place of business for which it is
issued.
(h) If the department determines that a bond provided by a licensee
is inadequate, the department may require a new bond in the amount
necessary to fully protect the state.
(i) A license issued under this section does not permit the remote
SEA 453 — CC 1
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seller to sell cigarettes, vapor products, or other products subject to tax
under IC 6-7-1 or IC 6-7-4.
SECTION 19. IC 6-7-2-10, AS AMENDED BY P.L.137-2022,
SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. A license issued under this chapter may be
surrendered to the department at any time before its expiration, and the
department shall refund an amount of money that bears the same
proportion to the fee originally paid as the unexpired period of the
permit bears to one (1) year. two (2) years. No refund may be allowed
if a license is suspended or revoked.
SECTION 20. IC 6-7-4-10, AS AMENDED BY P.L.194-2023,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) It is unlawful for any retail dealer to sell
consumable material or vapor products in Indiana unless the retail
dealer has a valid open system electronic cigarette retail dealer's
certificate issued by the department.
(b) The department shall issue certificates to applicants that qualify
under this section. A certificate issued under this section is valid for
one (1) year two (2) years unless revoked or suspended by the
department and is not transferable. An open system electronic cigarette
retail dealer's certificate may be revoked or suspended by the
department in the same manner, for the same reasons, and is subject to
the same procedures as for the revocation or suspension of a retail
merchant's certificate under IC 6-2.5-8-7. If a retail dealer's retail
merchant's certificate under IC 6-2.5-8 expires or is revoked by the
department, an open system electronic cigarette retail dealer's
certificate issued to the retail dealer under this subsection shall
automatically be revoked without notice otherwise required under
IC 6-2.5-8.
(c) An applicant for a certificate under this section must submit
proof to the department of the appointment of an agent for service of
process in Indiana if the applicant is:
(1) an individual whose principal place of residence is outside
Indiana; or
(2) a person, other than an individual, that has its principal place
of business outside Indiana.
(d) To obtain or renew a certificate under this section, a person
must:
(1) submit, for each location where it intends to distribute
consumable material or vapor products, an application that
includes all information required by the department;
(2) pay a fee of twenty-five dollars ($25) at the time of
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application; and
(3) at the time of application, post a bond, issued by a surety
company approved by the department, in an amount not less than
one thousand dollars ($1,000) and conditioned on the applicant's
compliance with this chapter.
(e) If business is transacted at two (2) or more places by one (1)
retail dealer, a separate certificate must be obtained for each place of
business.
(f) Each certificate must be numbered, show the name and address
of the retail dealer, and be posted in a conspicuous place at the place
of business for which it is issued.
(g) If the department determines that a bond provided by a
certificate is inadequate, the department may require a new bond in the
amount necessary to fully protect the state.
SECTION 21. IC 6-8.1-1-4.5, AS ADDED BY P.L.118-2024,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4.5. "Periodic tax" means a listed tax for which a
return or report is required to be filed and the tax is required to be
remitted four (4) times or more in a calendar year. The term does not
include:
(1) an estimated tax payment under IC 6-3-2.1-6, IC 6-3-4-4.1,
IC 6-3-4-4.2, or IC 6-5.5-6-3; or
(2) a withholding payment required to be remitted quarterly under
IC 6-3-4-12, IC 6-3-4-13, or IC 6-3-4-15.
For purposes of this section, if a provision of the law relating to a listed
tax permits a taxpayer to file returns or reports or remit the tax less
frequently than four (4) times per calendar year, the listed tax is
considered a periodic tax for a taxpayer who files or remits less
frequently. The term includes a tax imposed on a purchaser if the
purchaser fails to remit a periodic tax to a retail merchant.
SECTION 22. IC 6-8.1-3-7.1, AS AMENDED BY P.L.146-2020,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7.1. (a) As used in this section, "fiscal officer"
means:
(1) a fiscal officer (as defined in IC 36-1-2-7); and
(2) in the case of a county, the county treasurer.
(b) The department and the fiscal officer of an entity that has
adopted an innkeeper's tax, a food and beverage tax, or an
admissions tax under IC 6-9 shall enter into an agreement with the
fiscal officer of an entity that has adopted an innkeeper's tax, a food and
beverage tax, or an admissions tax under IC 6-9 to furnish the fiscal
officer annually with:
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(1) the name of each business collecting the taxes listed in this
subsection; and
(2) the amount of money collected from each business.
For an innkeeper's tax or food and beverage tax remitted through a
marketplace facilitator, the information must include the name of each
business and the amount of money collected from each business by a
marketplace facilitator acting on behalf of the business.
(c) The agreement must provide that the department must provide
the information in an electronic format that the fiscal officer can use.
(d) The agreement must include a provision that, unless in
accordance with a judicial order, the fiscal officer, employees of the
fiscal officer, former employees of the fiscal officer, counsel of the
fiscal officer, agents of the fiscal officer, or any other person may not
divulge the names of the businesses, the amount of taxes paid by the
businesses, or any other information disclosed to the fiscal officer by
the department.
(e) The department and the fiscal officer of a capital
improvement board of managers: shall also enter into an agreement
with the fiscal officer of a capital improvement board of managers:
(1) created under IC 36-10-8 or IC 36-10-9; and
(2) that is responsible for expenditure of funds from:
(A) an innkeeper's tax, a food and beverage tax, or an
admissions tax under IC 6-9;
(B) the supplemental auto rental excise tax under IC 6-6-9.7;
or
(C) the state gross retail taxes allocated to a professional sports
development area fund, a sports and convention facilities
operating fund, or other fund under IC 36-7-31 or
IC 36-7-31.3;
shall enter into an agreement to furnish the fiscal officer annually
with the name of each business collecting the taxes listed in this
subsection, and the amount of money collected from each business. An
agreement with a fiscal officer under this subsection must include a
nondisclosure provision the same as is required for a fiscal officer
under subsection (d).
SECTION 23. IC 6-8.1-7-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1.5. (a) The following
definitions apply to this section:
(1) "Direct owner" means a person, corporation, or other
entity that owns an interest in a pass through entity without
owning the interest through another entity.
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(2) "Owner" means:
(A) a partner in a partnership, including a member of a
limited liability company;
(B) a shareholder in a corporation described in
IC 6-3-2-2.8(2); or
(C) a beneficiary of an estate or trust.
(3) "Pass through entity" has the meaning set forth in
IC 6-3-1-35.
(b) The department may disclose return information or
liabilities related to a return by a pass through entity filed under
IC 6-3 or IC 6-5.5 to a direct owner of the pass through entity, but
only to the extent necessary for the direct owner to determine the
direct owner's tax due or filing requirements under IC 6-3 or
IC 6-5.5. For purposes of this subsection, a withholding tax return
other than a return filed under IC 6-3-4-12, IC 6-3-4-13, or
IC 6-3-4-15 is not a return of a pass through entity permitted to be
disclosed.
(c) The department may disclose the information from another
taxpayer's return to a taxpayer, but only to the extent necessary to
determine the requesting taxpayer's income, deductions, credits, or
other attributes affecting the requesting taxpayer's liability for a
listed tax.
(d) If the department determines that a taxpayer is personally
liable for a listed tax of another taxpayer or is liable for a listed tax
as a transferee of another taxpayer, the department may disclose:
(1) any information related to the other taxpayer, but only to
the extent the taxpayer is personally liable for the liabilities of
the other taxpayer; and
(2) any information related to amounts collected or relieved
from collection with regard to the liability that the
department determines is owed by the taxpayer.
SECTION 24. IC 6-8.1-19 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2026]:
Chapter 19. Tax Remittance and Liability for Payment
Sec. 1. If a taxpayer:
(1) purchases property or services in a transaction subject to
a listed tax;
(2) is required to remit the tax as an added amount to the
consideration paid to the seller;
(3) does not remit the tax due under the provisions of the tax;
and
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(4) is not exempt from tax under the provisions of the tax;
the person shall be liable for the tax not remitted.
Sec. 2. The taxpayer shall be considered to have not remitted the
tax to the department for purposes of this chapter if either the
taxpayer or seller has obtained a refund of the tax.
Sec. 3. Any unpaid tax under this chapter shall be considered to
have been due on the twentieth day of the month following the
transaction.
Sec. 4. For purposes of this chapter:
(1) if a taxpayer is subject to tax in a jurisdiction in Indiana
but erroneously pays the tax to another jurisdiction in
Indiana, the amount not remitted shall be the difference
between the tax imposed by the jurisdictions but not less than
zero dollars ($0); and
(2) if a taxpayer does not remit the full amount of tax due
because:
(A) the seller is a marketplace facilitator;
(B) the tax is an innkeeper's tax or food and beverage tax
under IC 6-9 that is directly remitted to the locality except
for marketplace facilitators; and
(C) the rate posted by the department on its website for the
date of the transaction differs from the rate otherwise
imposed by the locality;
the taxpayer shall determine the rate of tax due based on the
rate posted on the department's website on the date of the
transaction.
Sec. 5. Any tax due under this chapter shall be reported and
remitted on forms and in the manner prescribed by the
department.
Sec. 6. Any tax collected under this chapter shall be distributed
in the manner otherwise provided for the previously uncollected
tax.
SECTION 25. IC 8-2.1-17-6.5, AS AMENDED BY P.L.215-2023,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6.5. (a) "Digital network", for purposes of
IC 8-2.1-19.1, means an online enabled application, software, website,
or system offered or used by a TNC to enable the prearrangement of
rides with TNC drivers.
(b) "Digital network", for purposes of this chapter and IC 8-2.1-19.3,
means an online enabled application, software, website, or system
offered or used by a DNC to enable deliveries with DNC drivers. A
digital network is not a product under law.
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(c) A digital network is not a product under law.
SECTION 26. IC 8-2.1-22-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2012 (RETROACTIVE)]:
Sec. 2.1. (a) This chapter does not apply to the following:
(1) Motor vehicles used as school buses while engaged in the
transportation of students, under the supervision, control, and
direction of school authorities.
(2) Motor vehicles used exclusively as taxicabs.
(3) Motor vehicles while being used or operated under the
control, direction, and supervision of:
(A) the United States government, the state, or a political
subdivision; or
(B) the board of trustees of any state institution.
(4) Motor vehicles that are used to provide limited transportation
services in conjunction with the operation of a hotel, campground,
or food service facility but are not used as a common carrier. For
the purpose of this subdivision, compensation for housing,
camping, or food combined with transportation is not
transportation by motor vehicle for compensation. However,
transportation may not be performed for any person if, at the point
of origin or within twenty-five (25) miles of that point, there is an
equipment point as shown by a proper tariff of a carrier of
passengers in Indiana that operates special or charter bus service
under the jurisdiction of the department. Exemption from this
chapter is not available under this subdivision unless the motor
vehicles in question are provided with proof of financial
responsibility of the type and in amounts as required of common
carriers under IC 8-2.1-22-46.
(5) Motor vehicles that are used to provide regular route intercity
passenger service.
(6) Motor vehicles that are used primarily for van pooling or other
ride-sharing programs on a nonprofit basis.
(7) Motor vehicles that are used to provide transportation of
passengers by a nonprofit corporation if that corporation receives
revenue for the transportation service from federal, state, or local
governments.
(8) A motor vehicle that:
(A) has a capacity of not less than seven (7) or more than forty
(40) persons;
(B) is used to transport employees, including the driver,
exclusively between their homes and their employer's place of
business, or termini near those places, in a single daily round
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trip; and
(C) is owned or leased by an employer providing commuter
van service, which means any person who provides or operates
at least one (1) of those vehicles on a nonprofit basis, and
whose service does not infringe upon or compete with any
service that is provided by any common carrier regulated by
the department.
(9) Motor vehicles certified as ambulances by the Indiana
emergency medical services commission under IC 16-31.
(10) The casual, occasional, or reciprocal transportation of
household effects or furniture for compensation, not including the
transportation for hire of new household effects or furniture to or
from a factory, warehouse, or store, by a person who:
(A) does not otherwise engage in the described transportation
for compensation;
(B) is not required under this chapter to hold a certificate or
permit to engage in transportation or operation for hire; or
(C) does not profess to engage in the business of transporting
household effects or furniture for hire.
(b) This chapter does not apply to a limousine while the limousine
is being used to transport at least one (1) person:
(1) from a place of departure; and
(2) to a destination;
within the corporate boundaries of a city or town if the legislative body
of the city or town has adopted an ordinance under IC 36-9-2-4 that
takes effect after July 1, 1991, and that regulates limousines within the
corporate boundaries of the city or town.
SECTION 27. IC 8-2.1-22-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The department,
any member of the department or any authorized representative of the
department, may:
(1) upon demand, inspect the books, accounts, papers, records,
memoranda, equipment, and premises of any common carrier or
contract carrier;
(2) examine, under oath, any officer, agent, or employee of the
common carrier or contract carrier in relation to its business
affairs; and
(3) adopt rules for inspection of motor vehicles used by common
carriers or contract carriers or brokers.
(b) Upon complaint in writing filed with the department or upon the
department's own initiative without complaint, the department may
investigate whether or not any person subject to this chapter has failed
SEA 453 — CC 1
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to comply with this chapter or with any requirement established under
this chapter. If the department after notice and hearing, finds, upon the
investigation, that the person has failed to comply with any provision
or requirement, the department shall issue an appropriate order to
compel compliance. notify the common or contract carrier, in a
manner prescribed by the department, to compel compliance.
SECTION 28. IC 8-2.1-22-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. If a county, city, or
town wants to establish a transportation system that would compete
with a motor carrier that is:
(1) operating under the jurisdiction of the department; and
(2) providing transportation service in the territorial jurisdiction
of the county, city, or town;
the county, city, or town must first apply for and obtain a certificate
under sections 11 and 13 section 12.5 of this chapter.
SECTION 29. IC 8-2.1-22-11 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 11. A person may not, except as provided in this chapter,
transport passengers for compensation:
(1) on regular routes within the territorial jurisdiction of a
political subdivision; or
(2) as a special and charter carrier;
until after obtaining from the department a certificate. A certificate may
not be issued until after a public hearing and a consideration of the
service, if any, rendered in the territory of the proposed motor vehicle
operations by other common carriers, whether by motor vehicle,
railroad, or otherwise.
SECTION 30. IC 8-2.1-22-12.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 12.5. (a) Except as
provided in this chapter, a person may not operate a motor vehicle as
an intrastate carrier upon an Indiana public highway to transport
household goods or passengers for compensation until the person has
obtained a certificate from the department.
(b) The department may issue a certificate under this section only
after conducting a public hearing and considering transportation
services provided by other carriers of household goods by motor
vehicle, railroad, or other means, that operate in the proposed territory
of the person that is applying for a certificate.
(b) In order to apply for a certificate to operate as an intrastate
carrier of household goods or passengers, a person must submit the
following to the department:
(1) Completed application forms prescribed by the
department.
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(2) A certificate of existence from the secretary of state.
(3) Proof of insurance in a format prescribed by the
department.
(4) The tariff amount that the carrier intends to charge
pursuant to section 23 of this chapter.
(5) In the case of a contract carrier, the contracts under which
the carrier will be operating pursuant to section 26 of this
chapter.
(c) The department shall charge an application fee as required
under section 40 of this chapter.
(d) In determining whether a certificate shall be granted, the
department may, among other things, consider the following:
(1) Whether the applicant has any tax liabilities and has filed
all appropriate tax returns with the department.
(2) Whether the applicant is up to date on all unified carrier
registration payments.
(3) Whether the applicant has any current out of service
orders issued by Federal Motor Carrier Safety
Administration.
(4) Whether the applicant is properly insured.
(5) Whether the operations will threaten the safety of the
public or be detrimental to the public welfare.
(e) Once the department approves an application, the
department will issue a receipt of registration to the carrier in
addition to issuing a certificate. The carrier must keep a copy of
the receipt in each of its vehicles at all times.
SECTION 31. IC 8-2.1-22-12.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 12.8. A carrier that has been
issued a certificate to transport household goods or passengers for
compensation will be subject to the annual registration receipt
requirements under IC 8-2.1-24-20. A carrier that fails to meet the
requirements under that provision may have their certificate
denied by the department.
SECTION 32. IC 8-2.1-22-13 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 13. (a) Upon the filing of an application for a certificate,
the department shall, within a reasonable time, fix a time and place for
public hearing in the city of Indianapolis, unless otherwise ordered by
the department. A copy of the notice of hearing shall be mailed to the
applicant at the address set out in the application at least ten (10) days
before the hearing. Any person interested in the proceedings may
appear in person or by attorney and offer evidence in support of or in
SEA 453 — CC 1
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opposition to the application and with or without the filing of formal
pleadings.
(b) The applicant has, at all times, the burden of proving, by a
preponderance of the evidence, that public convenience and necessity
requires the proposed operation, and that the proposed operation will
not unreasonably impair the public service of any authorized common
carrier, or common carriers by motor vehicle or by railroad, then
adequately serving the same territory.
(c) If the department finds from the evidence and from any
additional investigation that the department causes to be made that
public convenience and necessity exist for the service proposed, or any
part of the service, the application shall be granted, subject to terms,
restrictions, and limitations as the department may determine,
otherwise, the application shall be denied.
(d) In determining whether a certificate shall be granted, the
department may, among other things, consider the following:
(1) The financial ability of the applicant to furnish adequate
service.
(2) Whether other transportation service then in existence is
adequate.
(3) The effect upon other transportation service, and, particularly,
whether the granting of the application will or may seriously
impair that service.
(4) The volume of other traffic over the route proposed by the
applicant.
(5) The effect and burden upon the highways and the bridges on
the highways, and the use of the highways and bridges by the
public.
(6) Whether the operations will threaten the safety of the public
or be detrimental to the public welfare.
SECTION 33. IC 8-2.1-22-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. Any certificate or
permit or part owned, held, or obtained by the carrier may be sold,
assigned, leased, bequeathed, or transferred as other property upon
approval by the department. The department may inquire into the
responsibility of the person obtaining or seeking to obtain ownership
or control of any certificate or permit or part, the person's readiness,
ability, and willingness to perform the service proposed, and whether
the proposed service, to the extent authorized by the certificate, or
permit, is or will be consistent with the public interest and the state
transportation policy declared in this title. If the department finds the
person to be irresponsible or unable to render satisfactory and adequate
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service under the certificate or permit or part, or if it finds that the
transfer will not be consistent with the public interest, the department
may enter an order denying the transfer, in whole or in part. However,
a certificate or permit, or part may not be sold, assigned, leased,
bequeathed, or transferred. except after a public hearing before the
department and after notice as required for other hearings before the
department.
SECTION 34. IC 8-2.1-22-16 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 16. A person may not operate motor vehicles as a
contract carrier over the public highways for the transportation of
persons or household goods for compensation without first having
obtained from the department a contract carrier permit.
SECTION 35. IC 8-2.1-22-17 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 17. (a) Upon the filing of an application under this
chapter for contract carrier authority to operate motor vehicles in
intrastate commerce, the department shall, within a reasonable time, fix
a time and place for a public hearing in the city of Indianapolis, unless
otherwise ordered by the department. A copy of the notice of hearing
shall be mailed to the applicant, at the address set out in the
application, at least ten (10) days before the date set for hearing. Any
person interested in the proceedings may appear in person, or by
counsel, and offer any evidence either in support of, or in opposition to,
the granting of the authority requested in the application.
(b) In determining whether requested contract authority should be
granted, the department shall, among other things, consider the
following factors:
(1) The financial ability of the applicant to furnish adequate
contract carrier service.
(2) The effect of granting the requested authority on other
transportation service then in existence, and particularly whether
the granting of authority will seriously impair that other service
and will unreasonably impair the efficient public service of any
certificated common carrier by motor vehicle, or by railroad, then
adequately serving the same territory.
(3) Whether or not any certificated common carrier by motor
vehicle, or by railroad, then serving the same territory, will
furnish transportation services designed to meet the distinct need
of the supporting contract shipper or shippers.
(c) If the department, after hearing, determines that the proposed
operation, as requested in the application, meets all of the requirements
of contract carriage, as defined in this chapter, and that the applicant
is qualified in all respects to perform the proposed operation, the
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department shall approve the application and issue the requested
authority, subject to terms, restrictions, and limitations as determined
by the department.
(d) The department shall specify and name in the permit the name
of the contracting person. The scope of the permit shall be attached at
the time of issuance, along with any reasonable terms, conditions, and
limitations consistent with the character of the holder as a contract
carrier.
SECTION 36. IC 8-2.1-22-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 22. (a) All civil actions
by carriers for recovery of their charges or any part must be brought
within two (2) years after the time the cause of action accrues.
(b) For recovery of overcharges, civil actions must be brought or
complaints filed with the department office of the attorney general
against carriers subject to this chapter within two (2) years after the
time the cause of action accrues, subject to subsection (c). However, if
claim for the overcharge has been presented in writing to the carrier
within the two (2) year period of limitation, the period shall be
extended to include six (6) months after the time notice in writing is
given by the carrier to the claimant of disallowance of the claim or any
part specified in the notice.
(c) If on or before the expiration of the two (2) year period of
limitation in subsection (a) or (b), a carrier subject to this chapter
begins an action under subsection (a) for recovery of charges in respect
of the same transportation service or without beginning action collects
charges in respect of that service, the period of limitation shall be
extended to include ninety (90) days after the time the action is begun
or charges are collected by the carrier.
(d) As used in this section, "overcharges" means charges for the
transportation services in excess of those applicable to the services
under the tariffs lawfully on file with the department.
SECTION 37. IC 8-2.1-22-22.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 22.5. A person who violates a
provision of this chapter involving a consumer transaction (as
defined in IC 24-5-0.5-2(a)(1)) entailing the transportation of
passengers or household goods commits a deceptive act that is
actionable by the attorney general under IC 24-5-0.5 and is subject
to the remedies and penalties under IC 24-5-0.5, in addition to all
other remedies and penalties under this chapter.
SECTION 38. IC 8-2.1-22-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 23. (a) Every intrastate
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common carrier by motor vehicle shall file with the department, and
print and keep open to public inspection, tariffs showing all rates, fares,
charges for transportation, and all service in connection therewith, of
passengers or household goods in intrastate commerce between points:
(1) on its own route; or
(2) on the route of any other common carrier; or
(3) on the route of any common carrier by railroad;
when and as through routes and joint rates are established.
(b) The department may prescribe the form and manner in which the
tariffs shall be published and may reject any tariff filed with it that is
not in compliance with this section. When so rejected, the tariff is void,
and its use shall be unlawful.
(c) A common carrier by motor vehicle shall not charge, demand,
collect, or receive a greater or less or different compensation for
transportation or for any service in connection therewith between
points enumerated in the tariff than the rates, fares, and charges
specified in the tariffs in effect at the time. A carrier shall not refund or
remit in any manner or by any device, directly or indirectly, personally
or by agent, any portion of rates, fares, or charges so specified, and
shall not extend to any person any facilities for transportation except as
are specified in its tariffs.
(d) A change may not be made in any fare, charge, rule or practice
for or in connection with the transportation of passengers or household
goods except after thirty (30) days notice of the proposed change. The
notice must plainly state the change proposed to be made and the
effective date of the change. The department, upon complaint or upon
the department's own motion, may suspend any tariff making any
changes provided in this chapter within twenty (20) days after the filing
of the tariff and not thereafter.
(e) The department may, for good cause shown, allow changes upon
notice in less time than specified and permit tariffs to be filed and
become effective in particular instances on shorter notice than stated
in subsection (d).
(f) Whenever the carrier operating a local transportation system
wholly within one (1) county files a tariff or schedule of increased rates
or fares affecting its patrons in any municipality in which the carrier
renders service, the carrier shall give notice by registered mail, on the
date the tariff is filed with the department, to the executive and
legislative body of the municipality and shall enclose a copy of the
tariff filed with the department.
(g) A common carrier by motor vehicle shall not engage in the
transportation of passengers or household goods unless the tariffs have
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been filed and published in accordance with this chapter.
SECTION 39. IC 8-2.1-22-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 24. (a) Every contract
carrier by motor vehicle shall:
(1) establish and observe reasonable minimum rates, fares, and
charges for any service rendered or to be rendered in the
transportation of passengers or household goods or in connection
with the transportation of passengers or household goods;
(2) establish and observe reasonable regulations and practices to
be applied in connection with those reasonable minimum rates,
fares, and charges; and
(3) file with the department, publish, and keep open for public
inspection, in the form and manner prescribed by the department,
schedules, or, by consent of contracting parties in lieu of
schedules, copies of contracts, containing the minimum rates,
fares, or charges of the carrier for the transportation of passengers
or household goods in intrastate commerce, and any rule or
practice affecting the rates, fares, or charges and the value of the
service under the rates, fares, or charges.
(b) A contract carrier may not, unless otherwise provided by this
chapter, engage in the transportation of passengers or household goods
in intrastate commerce unless the minimum charges for the
transportation by the carrier have been published, filed, and posted in
accordance with this chapter. A reduction may not be made in the
charge either directly or by means of any change in any rule or practice
affecting the charge or the value of service under the charge, except
after thirty (30) days notice of the proposed change filed in the required
form and manner the department may, for good cause shown, allow a
change upon less notice. However, the notice must plainly state the
change proposed to be made and the time when the change will take
effect.
(c) A carrier shall not demand, charge, or collect less compensation
for the transportation than the charges filed in accordance with this
section, as affected by any rule or practice so filed, or as may be
prescribed by the department. It is unlawful for the carrier, by the
furnishing of special service, facilities, or privileges, or by any other
device, to charge, accept, or receive less than the minimum charges so
filed or prescribed. The carrier, or any class or group, of the carrier may
apply to the department for relief from this subsection, and the
department may, after hearing, grant relief to the extent, for the time,
and in the manner as in its judgment is consistent with the public
interest.
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(d) Whenever, after hearing, upon complaint or upon its own
initiative, the department finds that any minimum rate, fare, or charge
of any contract carrier by motor vehicle, or any rule, regulation, or
practice of the carrier affecting the minimum rate, fare, or charge, or
the value of the service, for the transportation of passengers or
household goods or in connection under the rate, fare or charge, is in
violation of any provision of this chapter, the department may prescribe
that transportation, just and reasonable minimum rates, fare, or charge,
or a rule, regulation, or practice as judgment is necessary in the public
interest and will not be in violation of any provision of this chapter.
The minimum rate, fare, or charge, or rule or practice, prescribed by
the department, may not give an advantage or preference to the carrier
in competition with any common carrier by motor vehicle subject to
this chapter, which the department may find to be undue or inconsistent
with the public interest, and the department shall give due
consideration to the cost of the services rendered by those carriers, and
to the effect of the minimum rate, fare, or charge, or rule, regulation, or
practice, upon the movement of traffic by such carriers. All complaints
must state fully the facts complained of and the reasons for the
complaint and shall be made under oath.
SECTION 40. IC 8-2.1-22-27 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 27. (a) A person shall not for compensation sell or offer
for sale transportation subject to this chapter, make any contract,
agreement, or arrangement to provide, procure, furnish, or arrange for
the transportation of passengers, or profess by advertisement,
solicitation, or otherwise as one who sells, provides, procures,
contracts, or arranges for the transportation of passengers, unless the
person holds a broker's license issued by the department to engage in
the transactions. A person may not engage in transportation subject to
this chapter unless the person holds a certificate or a permit as provided
in this chapter. In the execution of any contract, agreement, or
arrangement to sell, provide, procure, furnish, or arrange for the
transportation of passengers, a person may not employ any common or
contract carrier who is not the lawful holder of an effective certificate
or permit issued as provided in this chapter.
(b) This section does not apply to any carrier holding a certificate or
a permit under this chapter or to any employee or agent of the motor
carrier, so far as concerns transportation to be furnished wholly by the
carrier or jointly with other motor carriers holding like certificates or
permits, or with a common carrier by railroad, express, or water.
(c) A brokerage license shall be issued to any qualified applicant for
a brokerage license, authorizing any part of the operations covered by
SEA 453 — CC 1
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the application, if it is found that the applicant is fit, willing, and able
to properly perform the service proposed and to conform to this chapter
and the requirements, and rules of the department under this chapter,
and that the proposed service, to the extent to be authorized by the
license, is or will be consistent with the public interest, otherwise the
application shall be denied.
(d) The department shall prescribe reasonable rules for the
protection of travelers by motor vehicle to be observed by any person
holding a brokerage license, and no such license may be issued or
remain in effect unless the person furnishes a bond or other security
approved by the department, in a form and amount as will insure
financial responsibility and the supplying of authorized transportation
in accordance with contracts, agreements, or arrangements for the
transportation.
(e) The department and its special agents and examiners have the
same authority as to accounts, reports, and records, including
inspection and preservation of the accounts, reports, and records, of any
person holding a brokerage license issued under this section that the
department and the department's special agents and examiners have
under this chapter with respect to motor carriers subject to this chapter.
(f) A person who violates this section commits a Class C infraction.
SECTION 41. IC 8-2.1-22-27.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 27.5. (a) A person may not engage
in any of the following activities unless the person has obtained a
brokerage license from the department:
(1) sell or offer for sale transportation subject to this chapter
for compensation;
(2) make any contract, agreement, or arrangement to provide,
procure, furnish, or arrange for the transportation of
passengers; or
(3) profess by advertisement, solicitation, or otherwise as one
who sells, provides, procures, contracts, or arranges for the
transportation of passengers.
In the execution of any contract, agreement, or arrangement to
sell, provide, procure, furnish, or arrange for the transportation of
passengers, a person may not employ any common or contract
carrier who is not the lawful holder of an effective certificate issued
as provided in this chapter.
(b) A person is not required to obtain a brokerage license from
the department if the person holds a certificate under this chapter,
or if the person is an employee or agent of the motor carrier, when
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that person furnishes transportation wholly by the carrier or
jointly with other motor carriers holding like certificates.
(c) To apply for a brokerage license, a person must submit the
following to the department:
(1) a completed application form prescribed by the
department;
(2) a certificate of existence from the secretary of state; and
(3) a surety bond.
(d) In determining whether a brokerage license shall be issued,
the department may, among other things, consider the following:
(1) Whether the person has any tax liabilities and has filed all
appropriate tax returns with the department.
(2) Whether the person is up to date on all unified carrier
registration payments.
(3) Whether the person is properly insured.
(e) The department and its special agents and examiners have
the same authority as to accounts, reports, and records, including
inspection and preservation of the accounts, reports, and records
of any person holding a brokerage license issued under this section,
that the department and the department's special agents and
examiners have under this chapter with respect to motor carriers
subject to this chapter.
(f) The department shall charge an application fee under section
40 of this chapter.
(g) A person who violates this section commits a Class C
infraction.
(h) A person that has been issued a brokerage license must
renew the license with the department on a annual basis. The
department shall charge an annual renewal fee.
SECTION 42. IC 8-2.1-22-28 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 28. A person may not transport passengers for
compensation as a special and charter carrier until after obtaining a
certificate from the department, unless on December 31, 1982, the
person:
(1) held a certificate for a special and charter carrier; or
(2) was exempt from the requirement for a certificate for a special
and charter carrier under IC 8-2-7-29.
SECTION 43. IC 8-2.1-22-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 30. (a) Any certificate,
or permit, upon application of the holder of the certificate, or permit,
in the discretion of the department, may be amended or revoked in
whole or in part. or may, upon complaint or on In addition, the
SEA 453 — CC 1
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department's own initiative, department may, after notice is provided,
and hearing, be suspended, changed or revoked suspend, change, or
revoke a certificate in whole or in part for the holder's willful failure
to comply with any provision of this chapter, or with any lawful order
or rule prescribed by the department, or with any term, condition, or
limitation of the certificate. or permit.
(b) In any cause instituted by the department on its own initiative,
the burden is on the carrier to show cause why the certificate or permit
should not be suspended, changed, or revoked in whole or in part and
the department, by its authorized representative, may introduce
evidence in the hearing.
SECTION 44. IC 8-2.1-22-36, AS AMENDED BY P.L.45-2011,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 36. (a) As used in this section, "eligible event" has
the meaning set forth in IC 6-8-12-2.
(b) In addition to all other powers granted to the department under
this chapter, the department may issue, in accordance with its rules,
temporary authority or emergency temporary authority to the following:
(1) Persons to whom permanent permits or certificates have been
issued.
(2) Persons who have filed new applications for permanent
permits or certificates.
(3) Persons when there appears a necessity to make one (1) trip or
occasional trips, including during an eligible event.
The department may grant temporary authority or emergency
temporary authority under subdivision (3) during an eligible event for
a period not greater than fifteen (15) consecutive days.
(c) An application for temporary authority or emergency temporary
authority during an eligible event is not subject to section 11 or 13 12.5
of this chapter.
SECTION 45. IC 8-2.1-22-37 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 37. In addition to all
other powers granted to the department under this chapter, the
department may suspend, in whole or in part, any certificate or permit,
upon the application of the holder thereof, without notice, for the
duration of a declared war or a declared national emergency and for a
period of six (6) months thereafter, or for any lesser period of time.
SECTION 46. IC 8-2.1-22-40, AS AMENDED BY P.L.176-2006,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 40. (a) All applications under this chapter for a
common carrier certificate or a contract carrier permit to operate motor
vehicles, intrastate or interstate, shall be made on forms prescribed by
SEA 453 — CC 1
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the department.
(b) All applications for a common carrier certificate of public
convenience and necessity, or a contract carrier permit, to operate
motor vehicles intrastate on the public highways which applications
require a public hearing thereon, shall be accompanied by a filing fee
of one hundred dollars ($100). Each petition for reinstatement of a
common carrier certificate of public convenience and necessity, or a
contract carrier permit, to operate motor vehicles intrastate, on the
highways of this state, shall be accompanied by a filing fee of fifty
dollars ($50). A common carrier reinstatement shall only occur
within two (2) years of the voluntarily ceased operations date
provided to the department by the carrier.
(c) All applications for a an emergency temporary certificate of
public convenience and necessity, or for a contract carrier permit to
operate motor vehicles on the highways of this state in intrastate
commerce, shall be accompanied by a filing fee of one hundred dollars
($100).
(d) All applications for a change in the name of the holder of a
common carrier certificate, of public convenience and necessity, of a
common carrier certificate of authority or certificate of registration, or
of a contract carrier permit, which change of name does not involve a
change in the ownership of the operating rights of the certificate or
permit holder, shall be made by verified petition to the department, and
the applications shall be accompanied by a filing fee of twenty-five
dollars ($25).
(e) In addition to the filing fees prescribed in subsection (b), all
applications for a common carrier certificate of public convenience and
necessity, or for a contract carrier permit, to operate motor vehicles
intrastate, on the public highways, which applications require a public
hearing thereon, shall be accompanied by a publication fee of eighty
dollars ($80). Whenever any republication is required through no fault
of the department, the party responsible therefor shall be required to
pay an additional publication fee of eighty dollars ($80) for each
republication.
(f) Each petition for rehearing of an application for a common
carrier certificate of public convenience and necessity, or for a contract
carrier permit, to operate motor vehicles intrastate, on the public
highways, shall be accompanied by a filing fee of twenty-five dollars
($25).
(g) (e) Each application or petition for alteration or change of a
common carrier certificate of public convenience and necessity, or a
contract carrier permit, to operate motor vehicles intrastate, on the
SEA 453 — CC 1
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public highways, shall be accompanied by a filing fee of fifty dollars
($50).
(h) Each application requesting permission to deviate from the
department's tariff publishing regulations shall be accompanied by a
filing fee of fifteen dollars ($15).
SECTION 47. IC 8-2.1-22-42 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 42. (a) An intrastate
motor carrier regulated under this chapter shall display identification,
in the method prescribed by rules of the department, on each motor
vehicle it operates.
(b) A person who violates this section commits a Class C infraction.
misdemeanor.
SECTION 48. IC 8-2.1-22-44 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 44. All fees prescribed
in this chapter shall be paid to the treasurer of state through the
department and deposited in the motor carrier regulation fund
established by IC 8-2.1-23-1.
SECTION 49. IC 8-2.1-22-45 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 45. (a) A motor carrier
regulated under this chapter that augments equipment, interchanges
equipment, or leases equipment, with or without drivers, shall comply
with the rules of the department governing lease and interchange of
vehicles.
(b) A person who violates this section commits a Class C infraction.
misdemeanor.
SECTION 50. IC 8-2.1-22-46, AS AMENDED BY P.L.208-2018,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 46. (a) Notwithstanding any other provision of this
chapter, common and contract carriers and other carriers engaged in
the transportation of passengers or household goods for hire, over
regular or irregular routes, whether operating pursuant to a certificate
or permit or as an exempt carrier under section 2.1(5) of this chapter,
shall file with the department proof of financial responsibility in the
form of surety bonds or policies of insurance or shall qualify as a
self-insured. The minimum level of financial responsibility required
shall be as follows:
(1) Except as provided in subdivision (2), the minimum level
established under 49 U.S.C. 13906(a)(1).
(2) For contract carriers that transport railroad employees, at least
five million dollars ($5,000,000).
(b) A person who violates this section commits a Class C infraction.
However, the offense is a Class A misdemeanor if the person has a
SEA 453 — CC 1
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prior unrelated judgment for violating this section.
(c) In addition to any other penalty imposed upon a person for a
conviction of a Class A misdemeanor under subsection (b), the law
enforcement agency may impound the vehicles owned by the person.
Unless the vehicle is impounded or forfeited under a law other than this
section, the vehicle shall be released to the carrier when the carrier
complies with this section.
SECTION 51. IC 8-2.1-23-2, AS AMENDED BY P.L.198-2016,
SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024 (RETROACTIVE)]: Sec. 2. The treasurer of state shall
deposit fees collected by the department under this article,
IC 6-6-4.1-13, IC 9-17-2, IC 9-17-3, IC 9-18.1-5, IC 9-18.1-6-4,
IC 9-18.1-11, IC 9-18.1-13, IC 9-20-5-7(b), IC 9-20-5-7(c), and
IC 9-20-18-14.5 in the motor carrier regulation fund to the extent
designated in the aforementioned statutes.
SECTION 52. IC 9-17-2-20 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024 (RETROACTIVE)]: Sec. 20. (a) This section applies after
June 30, 2024.
(b) This section applies only to fees, penalties, and fines
described in this chapter that are collected by the department of
state revenue pursuant to IC 9-18.1-13-2.
(c) For any portion of fees, penalties, or fines collected by the
department that require deposit into the commission fund, the
department shall instead deposit a certain amount of that portion
into the motor carrier regulation fund established by IC 8-2.1-23-1
as follows:
(1) For the speed title fee imposed pursuant to section 13.5 of
this chapter, twenty-five dollars ($25) shall be deposited in the
motor carrier regulation fund.
(2) For the title fee imposed pursuant to section 14.5 of this
chapter, two dollars and fifty cents ($2.50) shall be deposited
in the motor carrier regulation fund, and two dollars and fifty
cents ($2.50) shall be deposited in the commission fund.
(d) Except as provided in subsection (c), all other distributions
shall be deposited as required by the provisions of this chapter.
SECTION 53. IC 9-17-3-2, AS AMENDED BY P.L.27-2018,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024 (RETROACTIVE)]: Sec. 2. (a) If a certificate of title:
(1) is lost or stolen;
(2) is mutilated;
(3) is destroyed; or
SEA 453 — CC 1
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(4) becomes illegible;
the person that owns the vehicle or the legal representative or legal
successor in interest of the person that owns the vehicle for which the
certificate of title was issued, as shown by the records of the bureau,
shall apply for and may obtain a duplicate certificate of title.
(b) To obtain a duplicate certificate of title under subsection (a), a
person must:
(1) furnish information satisfactory to the bureau concerning the
loss, theft, mutilation, destruction, or illegibility of the certificate
of title; and
(2) pay the applicable fee under subsection (e) or (f).
(c) The word "duplicate" shall be notated on the certificate of title
issued under this section.
(d) When a duplicate certificate of title is issued, the previous
certificate of title becomes void.
(e) The fee for a duplicate certificate of title issued before January
1, 2017, for a vehicle other than a watercraft is eight dollars ($8). The
fee shall be distributed as follows:
(1) One dollar ($1) to the motor vehicle highway account.
(2) One dollar ($1) to the highway, road and street fund.
(3) Six dollars ($6) to the commission fund.
(f) The fee for a duplicate certificate of title issued before January
1, 2017, for a watercraft is fifteen dollars and fifty cents ($15.50). The
fee shall be distributed as follows:
(1) Fifty cents ($0.50) to the state motor vehicle technology fund.
(2) Two dollars ($2) to the crossroads 2000 fund.
(3) One dollar and twenty-five cents ($1.25) to the integrated
public safety communications fund.
(4) Four dollars and seventy-five cents ($4.75) to the commission
fund.
(5) Seven dollars ($7) to the department of natural resources.
(g) The fee for a duplicate certificate of title issued after December
31, 2016, is fifteen dollars ($15). The Except as provided in
subsection (h), the fee shall be distributed as follows:
(1) Fifty cents ($0.50) to the state motor vehicle technology fund.
(2) One dollar and twenty-five cents ($1.25) to the department of
natural resources.
(3) Three dollars and twenty-five cents ($3.25) to the motor
vehicle highway account.
(4) Five dollars ($5) to the crossroads 2000 fund.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety communications fund.
SEA 453 — CC 1
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(6) Three dollars and seventy-five cents ($3.75) to the
commission fund.
(h) After June 30, 2024, when a fee imposed under subsection (g)
is collected by the department, instead of depositing three dollars
and seventy-five cents ($3.75) into the commission fund as required
by subsection (g)(6), the department shall instead deposit one
dollar and eighty-eight cents ($1.88) of that amount into the motor
carrier regulation fund established by IC 8-2.1-23-1, and the
remainder shall be deposited in the commission fund.
SECTION 54. IC 9-18.1-5-10.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024 (RETROACTIVE)]: Sec. 10.7. (a) This
section applies after June 30, 2024.
(b) This section applies only to fees described in this chapter
that are collected by the department of state revenue pursuant to
IC 9-18.1-13-3.
(c) For any portion of fees collected by the department that
require deposit into the commission fund, the department shall
instead deposit ninety percent (90%) of that portion into the motor
carrier regulation fund established by IC 8-2.1-23-1, and the
remainder shall be deposited in the commission fund.
(d) Except as provided in subsection (c), all other distributions
shall be deposited as required by the provisions of this chapter.
SECTION 55. IC 9-18.1-6-4, AS AMENDED BY P.L.108-2019,
SECTION 171, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024 (RETROACTIVE)]: Sec. 4. (a) Except as
provided in subsection (e), the fee to register a recovery vehicle with
a gross vehicle weight rating greater than sixteen thousand (16,000)
pounds is five hundred four dollars ($504).
(b) Except as provided in subsection (e), the fee to register a
recovery vehicle with a gross vehicle weight rating equal to or less than
sixteen thousand (16,000) pounds is seventy-two dollars ($72).
(c) Except as provided in subsection (d), a fee imposed and
collected under subsection (a) or (b) shall be distributed as follows:
(1) Twenty-five cents ($0.25) to the state construction fund.
(2) Fifty cents ($0.50) to the state motor vehicle technology fund.
(3) Two dollars and ninety cents ($2.90) to the highway, road and
street fund.
(4) Four dollars ($4) to the crossroads 2000 fund.
(5) One dollar and twenty-five cents ($1.25) to the integrated
public safety communications fund.
(6) Three dollars and ten cents ($3.10) to the commission fund
SEA 453 — CC 1
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(except as provided in subsection (f)).
(7) Any remaining amount to the motor vehicle highway account.
(d) A fee described in subsection (a) that is collected under the
International Registration Plan shall be distributed as set forth in
IC 9-18.1-5-10.5.
(e) The fee to register a recovery vehicle for a period other than
twelve (12) months is the amount determined under the following
formula:
STEP ONE: Determine the number of months remaining until the
vehicle's next registration date under IC 9-18.1-11. A partial
month shall be rounded to one (1) month.
STEP TWO: Multiply the STEP ONE result by one-twelfth
(1/12).
STEP THREE: Multiply the STEP TWO product by the
applicable registration fee under subsection (a) or (b) for the
vehicle.
A fee imposed and collected under this subsection that is not collected
under the International Registration Plan shall be distributed under
subsection (c). A fee imposed and collected under this subsection that
is collected under the International Registration Plan shall be
distributed under subsection (d).
(f) Beginning after June 30, 2024, when a fee imposed under
subsection (a) or (b) is collected by the department of state
revenue, instead of depositing three dollars and ten cents ($3.10)
into the commission fund as required by subsection (c)(6), the
department shall instead deposit ninety percent (90%) of that
amount into the motor carrier regulation fund established by
IC 8-2.1-23-1, and the remainder shall be deposited in the
commission fund.
SECTION 56. IC 9-18.1-11-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024 (RETROACTIVE)]: Sec. 11. (a) This
section applies after June 30, 2024.
(b) This section applies only to fees described in this chapter
that are collected by the department of state revenue.
(c) For any portion of fees collected by the department that
require deposit into the commission fund, the department shall
instead deposit ninety percent (90%) of that portion into the motor
carrier regulation fund established by IC 8-2.1-23-1, and the
remainder shall be deposited in the commission fund.
(d) Except as provided in subsection (c), all other distributions
shall be deposited as required by the provisions of this chapter.
SEA 453 — CC 1
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SECTION 57. IC 9-18.1-13-7, AS AMENDED BY P.L.257-2017,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024 (RETROACTIVE)]: Sec. 7. (a) Except as provided in
subsection (b), a person that fails to:
(1) apply for the registration of, or transfer a registration to, a
vehicle;
(2) provide full payment for the registration of a vehicle; or
(3) both:
(A) apply for the registration of, or transfer a registration to, a
vehicle; and
(B) provide full payment for the registration of a vehicle;
as required under this chapter is subject to the penalties and interest
imposed under IC 6-8.1-10.
(b) A person that fails to:
(1) apply for the registration of, or transfer a registration to, a
vehicle;
(2) provide full payment for the registration of a vehicle; or
(3) both:
(A) apply for the registration of, or transfer a registration to, a
vehicle; and
(B) provide full payment for the registration of a vehicle;
as required under IC 9-18-2-4.6 (before its expiration) or
IC 9-18.1-13-3 is subject to the administrative penalty imposed under
IC 9-18.1-11-5.
(c) An administrative penalty collected under subsection (b) shall
be deposited as follows:
(1) Before July 1, 2024, in the commission fund.
(2) After June 30, 2024:
(A) Ten percent (10%) in the commission fund.
(B) Ninety percent (90%) in the motor carrier regulation
fund.
SECTION 58. IC 35-52-8-4.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4.6. IC 8-2.1-22-42 defines a
crime concerning intrastate motor carriers.
SECTION 59. IC 35-52-8-4.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4.8. IC 8-2.1-22-45 defines a
crime concerning motor carriers.
SECTION 60. [EFFECTIVE JULY 1, 2025] (a) IC 6-2.5-3-11, as
added by this act, shall be effective for transactions occurring after
June 30, 2025.
SEA 453 — CC 1
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(b) For purposes of IC 6-2.5-3-11, as added by this act, all
transactions, except the furnishing of telephone or related services,
cable television or similar video and related services, cable radio,
satellite television, or satellite radio services and related
commodities by retail merchants described in IC 6-2.5-4-5,
IC 6-2.5-4-6, and IC 6-2.5-4-11, and computer software
maintenance contracts described in IC 6-2.5-4-17, shall be
considered as having occurred after June 30, 2025, to the extent
that delivery of the services or items constituting selling at retail is
made after that date to the purchaser or to the place of delivery
designated by the purchaser. However, a transaction shall be
considered as having occurred before July 1, 2025, to the extent
that the agreement of the parties to the transaction was entered
into before July 1, 2025, and payment for the services or items
furnished in the transaction is made before July 1, 2025,
notwithstanding the delivery of the services or items after June 30,
2025.
(c) With respect to a transaction constituting the furnishing of
telephone or related services, cable television or similar video and
related services, cable radio, satellite television, or satellite radio
services and related commodities, only transactions for which the
charges are collected upon original statements and billings dated
after July 31, 2025, shall be considered as having occurred after
June 30, 2025.
(d) With respect to a transaction constituting the entering into
or renewal of a computer software maintenance contract, only
contracts entered into by both parties after June 30, 2025, shall be
considered as having occurred after June 30, 2025. For purposes
of this subsection, the automatic or permissive renewal of a
previously existing contract shall be treated as occurring on the
date the renewal is effective.
SECTION 61. [EFFECTIVE JULY 1, 2025] (a) IC 6-2.5-3.5-27, as
added by this act, shall be effective for transactions occurring after
June 30, 2025.
(b) For purposes of IC 6-2.5-3.5-27, as added by this act, all
transactions, shall be considered as having occurred after June 30,
2025, to the extent that delivery of the gasoline is made after that
date to the purchaser or to the place of delivery designated by the
purchaser. However, a transaction shall be considered as having
occurred before July 1, 2025, to the extent that the agreement of
the parties to the transaction was entered into before July 1, 2025,
and payment for the gasoline furnished in the transaction is made
SEA 453 — CC 1
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before July 1, 2025, notwithstanding the delivery of the gasoline
after June 30, 2025.
SECTION 62. [EFFECTIVE JULY 1, 2025] (a) IC 6-3-4-4.1, as
amended by this act, is effective for taxable years beginning after
December 31, 2025.
(b) IC 6-3-4-4.2, as added by this act, is effective for taxable
years beginning after December 31, 2025.
(c) IC 6-5.5-6-3, as amended by this act, is effective for taxable
years beginning after December 31, 2025.
(d) IC 6-5.5-7-1, as amended by this act, is effective for taxable
years beginning after December 31, 2025.
SECTION 63. [EFFECTIVE JULY 1, 2025] (a) IC 6-8.1-19, as
added by this act, is effective for transactions occurring after
December 31, 2025.
(b) All transactions shall be considered as having occurred after
December 31, 2025, to the extent that delivery of the property or
services constituting selling at retail is made after that date to the
purchaser or to the place of delivery designated by the purchaser.
However, a transaction shall be considered as having occurred
before January 1, 2026, to the extent that the agreement of the
parties to the transaction was entered into before January 1, 2026,
and payment for the property or services furnished in the
transaction is made before January 1, 2026, notwithstanding the
delivery of the property or services after December 31, 2025.
SECTION 64. An emergency is declared for this act.
SEA 453 — CC 1
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 453 — CC 1Every fact on this page links to its source, starting with the official bill record.