Indiana Administrative Code — Title 45 (Dept. of State Revenue)
45 IAC 17-2-9
Regularly soliciting business; presumption
Sec. 9. A taxpayer is presumed, subject to rebuttal, to regularly solicit business within Indiana during a taxable year if at any time during
the taxable year, the sum of the taxpayer's assets, including the assets arising from loan transactions, and the absolute value of the taxpayer's deposits
attributable to Indiana, equal at least five million dollars ($5,000,000), or if the taxpayer does any of the following during the taxable year:
# (1)
Sells products or services of any kind or nature to twenty (20) or more Indiana customers who receive the product or service in
Indiana.
# (2)
Solicits business from twenty (20) or more potential Indiana customers.
# (3)
Performs services outside Indiana that are consumed within Indiana by twenty (20) or more customers.
# (4)
Engages in transactions with twenty (20) or more Indiana customers that involve intangible property, including loans, but not
property described in section 7 of this rule and result in receipts flowing to the corporation from such customers within Indiana.
However, if a taxpayer is presumed to be regularly soliciting business in Indiana, but its total activities in Indiana fall within the exempt activities
identified in section 7 of this rule, the taxpayer is not subject to the FIT.
(Department of State Revenue; 45 IAC 17-2-
9; filed Jan 22, 1991, 4:55 p.m.: 14 IR 1214)
Amendment history
(Department of State Revenue; 45 IAC 17-2- 9; filed Jan 22, 1991, 4:55 p.m.: 14 IR 1214)
Source: view the official text
Nearby sections (25 sections)
- 16-3-45 · Carrier's liability under written binding estimate
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- 17-1-1 · Applicability
- 17-2-1 · Financial Institutions Tax (FIT)
- 17-2-2 · "Corporation" defined
- 17-2-3 · Financial institutions
- 17-2-4 · Other corporations
- 17-2-5 · Exemptions
- 17-2-6 · Transacting business within Indiana
- 17-2-7 · Exemptions; certain activities
- 17-2-8 · "Soliciting business" defined
- 17-2-9 · Regularly soliciting business; presumption
- 17-3-1 · Adjusted gross income
- 17-3-2 · Methods of reporting
- 17-3-3 · Calculating the FIT liability for resident taxpayers filing a…
- 17-3-4 · Calculating the FIT liability for the nonresident taxpayer…
- 17-3-5 · Unitary groups
- 17-3-6 · Calculating the FIT liability for taxpayers filing a combined…
- 17-3-7 · Credits for taxes paid to other states
- 17-3-8 · Credits for certain nonresident taxpayers
- 17-3-9 · Other credits that can be applied against the FIT
- 17-3-10 · Attributing receipts for nonresident taxpayers and…
- 17-4-1 · Resident state chartered credit unions
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