Indiana Administrative Code — Title 45 (Dept. of State Revenue)
45 IAC 3.1-1-106
Partner's distributive share
Sec. 106. (a) A partnership is not subject to the adjusted gross income tax. The partners will include their share of partnership income
whether distributed or undistributed on their separate or individual returns.
(b) An individual will report as follows:
(1) The distributive share of a resident partner will be reported in total no matter where the partnership's business is located or in which
states it does business.
(2) The distributive share of a nonresident partner will be reported after apportionment to determine the partnership income derived
from sources within Indiana. This determination will be accomplished by use of the apportionment formula described in IC 6-3-2-
2(b).
(3) A resident partner's distributive share of income will be adjusted by the partner's proportionate share of the partnership's income
that is exempt from taxation under the Constitution and statutes of the United States and by the partner's proportionate share of the partnership's
deductions allowed or allowable under Section 62 of the Internal Revenue Code for taxes based on or measured by income and levied at the state
level by any state of the United States or for taxes on property levied by any subdivision of any state of the United States.
(4) A nonresident partner's distributive share of income will be adjusted by the partner's proportionate share of the partnership's income
that is exempt from taxation under the Constitution and statutes of the United States and by the partner's proportionate share of the partnership's
deductions allowed or allowable under Section 62 of the Internal Revenue Code for taxes based on or measured by income levied at the state level
by any state of the United States or for taxes on property levied by any subdivision of any state of the United States determined by use of the
apportionment formula described in IC 6-3-2-2(b).
(c) A corporate partner will report its share in accordance with section 153 of this rule.
Amendment history
(Department of State Revenue; Reg 6-3-4-11(010); filed Oct 15, 1979, 11:15 a.m.: 2 IR 1551; errata, 2 IR 1743; filed May 13, 1993, 5:00 p.m.: 16 IR 2344)
Source: view the official text
Nearby sections (25 sections)
- 3.1-1-94 · Notice of change in federal return or liability
- 3.1-1-95 · Prescribed forms (Repealed)
- 3.1-1-96 · Copies of forms (Repealed)
- 3.1-1-97 · Returns and reports by withholding agents
- 3.1-1-98 · Withholding and returns by interstate transportation…
- 3.1-1-99 · Withholding for church and clergy
- 3.1-1-100 · Withholding from certain types of employees and incomes
- 3.1-1-101 · Annual reconciliation of employers' withholding tax
- 3.1-1-102 · Changes in form WH-4
- 3.1-1-103 · Refund or credit for excess withholding
- 3.1-1-104 · Information returns (Repealed)
- 3.1-1-105 · Annual return of partnership or trust fund
- 3.1-1-106 · Partner's distributive share
- 3.1-1-107 · Partnership withholding requirements
- 3.1-1-108 · Partnership withholding returns
- 3.1-1-109 · Withholding requirements for subchapter S corporations
- 3.1-1-110 · Consolidated returns of affiliated groups
- 3.1-1-111 · Membership in affiliated groups; bank holding companies
- 3.1-1-112 · Consolidated returns for other taxes not required
- 3.1-1-113 · Withholding on distributions to nonresident beneficiaries…
- 3.1-1-114 · Withholding returns and payments by trusts and estates
- 3.1-1-115 · Reciprocal agreement states
- 3.1-1-116 · Credit against liability instead of refund (Repealed)
- 3.1-1-117 · Payment of refunds; interest (Repealed)
- 3.1-1-118 · Demand for additional taxes (Repealed)