Indiana Administrative Code — Title 45 (Dept. of State Revenue)
45 IAC 15-5-8
Jeopardy assessments
Sec. 8. (a) The department may declare the taxable period of a taxpayer terminated and demand immediate payment of the tax due under
any one of the following circumstances:
(1) the department finds that the taxpayer intends to remove itself from the state or intends to remove its property from the state;
or
(2) the department finds that the taxpayer is concealing its location or its property; or
(3) the taxpayer does any other act tending to prejudice or render wholly or partly ineffective proceedings to compute, assess, or collect
any tax levied by the state.
(b) The assessment for taxes owing shall be made to on the best information available to the department. No notice for payment is required
for an assessment under IC 6-8.1-5-3. Instead, payment shall be due immediately upon assessment by the department.
(c) If the taxpayer believes that it does not owe some or all of the amount assessed by the department under IC 6-8.1-5-3, it may
protest within twenty (20) days after the assessment is made. The taxpayer may request a hearing, whereupon the department may hold a hearing
in conformity with the provisions of 45 IAC 15-5-3.
(d) If payment of the amount assessed by the department is not made immediately, the department may issue a jeopardy tax warrant against
the taxpayer. The taxpayer's request for a hearing will not stay the issuance of the jeopardy tax warrant. Only the full payment of the assessment will
prevent the issuance of the jeopardy tax warrant.
(e) The department has full power to issue, serve, levy and collect a jeopardy tax warrant. The department may, at its discretion, request
the assistance of the state police department or the sheriff of any county in effectuating the jeopardy tax warrant.
(f) The department may, at its discretion, accept a surety bond for the full amount of the jeopardy tax warrant in lieu of the levy and sale
of the taxpayer's property.
Amendment history
(Department of State Revenue; 45 IAC 15-5-8; filed Oct 1, 1987, 1:30 pm: 11 IR 541)
Source: view the official text
Nearby sections (25 sections)
- 15-3-2 · Rules and regulations
- 15-3-3 · Forms
- 15-3-4 · Representation of taxpayers before the department
- 15-3-5 · Audits; investigations; subpoenas; court orders
- 15-4-1 · Powers
- 15-5-1 · Notice
- 15-5-2 · Protests
- 15-5-3 · Hearings
- 15-5-4 · Letter of findings
- 15-5-5 · Rehearings
- 15-5-6 · Demand for payment
- 15-5-7 · Statute of limitations on issuance of proposed assessment
- 15-5-8 · Jeopardy assessments
- 15-6-1 · Extensions
- 15-6-2 · Holidays
- 15-6-3 · Date of filing
- 15-7-1 · Disclosure of information
- 15-7-2 · Individual filing returns; disclosure of information
- 15-8-1 · Partial payments
- 15-8-2 · Demand notices; tax warrants
- 15-9-1 · Due date; net operating loss
- 15-9-2 · Statute of limitations for refunds
- 15-10-1 · Joint returns
- 15-11-1 · Liability for interest
- 15-11-2 · Liability for penalty