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IRC §174 Treatment for Indiana Purposes Previously, Indiana's conformity to the IRC resulted in the state's conformity to IRC §174 under the Tax Cuts and Jobs Act (TCJA), requiring capitalization of 2022 research and experimental expenses and subsequent amortization over five years generally.
Any partnership doing business in Indiana or deriving gross income from sources within Indiana is required to file a return.
Effective January 1, 2023, the Indiana state withholding rate has been reduced to 3.15%. You may notice your first 2023 pay has a slightly different net pay because the lower IN withholding rate was not able to be implemented in the Payroll system until late January pay dates.
The composite return must include each nonresident partner regardless of whether or not the nonresident partner has other Indiana source income. (j) If a partnership does not include all nonresident partners in the composite return, the partnership is subject to the penalty imposed under IC 6-8.1-10-2.1(j).
A Limited Liability Partnership (LLP) is formed and governed based on the Indiana Uniform Partnership Act. An LLP is considered a blend of a corporation and a partnership. Beyond the assets that were invested in the partnership, none of the partners may be held personally responsible for the actions of other parties.
The new law also allows a credit for PTE taxes paid to other states. Indiana has enacted an elective pass-through entity (PTE) income tax, retroactive to tax year 2022. The new law also amends the Indiana Code to allow a credit against the amount of Indiana PTE tax payable by owners for PTE taxes paid to other states.
Partnerships conducting business within Indiana must file an annual return (Form IT-65) and information returns (Schedule IN K-1) with DOR. These forms must disclose each partner's distributive share of the partnership income distributed or undistributed.
A partnership or LLC files its tax return on Form 1065. Each partner receives a Form K-1 from the partnership. K-1s report each shareholder's allocation of income, losses and other financial information from the business. The shareholder includes Form K-1 information on their individual tax return.