Indiana Administrative Code — Title 45 (Dept. of State Revenue)
45 IAC 3.1-1-23
Special cases of residency
Sec. 23. Residency As It Affects Tax Liability.
# (1)
Taxpayer Moving to Indiana
When a taxpayer moves to Indiana and becomes a resident and/or domiciliary of Indiana during the taxable year, Indiana will not tax
income from sources outside Indiana which the taxpayer received prior to becoming an Indiana domiciliary. Indiana will, however, assess adjusted
gross income tax on all taxable income after the taxpayer becomes an Indiana resident.
# (2)
Taxpayer Moving from Indiana
Any person who, on or before the last day of the taxable year, changes his residence or domicile from Indiana to a place without
Indiana, with the intent of abiding permanently without Indiana, is subject to adjusted gross income tax on all taxable income earned while an Indiana
resident. Indiana will not tax income of a taxpayer who moves from Indiana and becomes an actual domiciliary of another state or country except
that income received from Indiana sources will continue to be taxable.
# (3)
Nonresident Citizens
An individual from Indiana who is permitted to file Federal income tax returns as a nonresident citizen is considered as being
domiciled in Indiana and his income taxable as a resident citizen, if he maintains a place of abode in Indiana immediately prior to residing in a
foreign country as a nonresident citizen of the United States, and has not permanently established his domicile in a foreign country or in another
state.
The fact that ordinary rights of citizenship, including voting at public elections are present but not exercised, shall not prevent a person
from being classified as a resident if he meets the other tests set out in this regulation [45 IAC 3.1-1-23].
# (4)
Part-Time Resident Individuals
Persons residing in Indiana but living part of the year in other states or countries will be deemed residents of Indiana unless it can be
shown that the abode in the other state or country is of a permanent nature. Domicile is not changed by removal therefrom for a definite period or
for a particular purpose. A domicile, once obtained, continues until a new one is acquired.
# (5)
Military personnel
Indiana residents who become members of the military service remain Indiana residents regardless of their geographical assignments.
Military members can change their legal residence only by filing DD Form 2058, State of Legal Residence Certificate.
(Department of State Revenue; Reg 6-3-1-12(030); filed Oct 15, 1979, 11:15 am: 2 IR 1520; errata, 2 IR 1743)
Amendment history
(Department of State Revenue; Reg 6-3-1-12(030); filed Oct 15, 1979, 11:15 am: 2 IR 1520; errata, 2 IR 1743)
Source: view the official text
Nearby sections (25 sections)
- 3.1-1-13 · Deduction for distribution from estate or trust
- 3.1-1-14 · Report of distribution; allocation by nonresident estate or…
- 3.1-1-15 · Application of excess deductions of estate or trust
- 3.1-1-16 · Final account and certificate of clearance of fiduciary
- 3.1-1-17 · Net operating losses and capital losses for fiduciaries and…
- 3.1-1-18 · Charitable contributions of trust estate; exempt trusts
- 3.1-1-19 · Definition of gross income
- 3.1-1-20 · Definition of corporation
- 3.1-1-21 · Definition of resident
- 3.1-1-21.5 · "Permanent place of residence" defined
- 3.1-1-22 · "Domicile" defined
- 3.1-1-22.5 · Determination of domicile
- 3.1-1-23 · Special cases of residency
- 3.1-1-24 · Definition of nonresident
- 3.1-1-25 · Tax liability of nonresident
- 3.1-1-26 · Definition of person
- 3.1-1-27 · Definition of taxpayer
- 3.1-1-28 · Taxable year
- 3.1-1-29 · Definition of business income
- 3.1-1-30 · Trade or business construed
- 3.1-1-31 · Definition of nonbusiness income
- 3.1-1-32 · Definition of commercial domicile
- 3.1-1-33 · Definition of compensation
- 3.1-1-34 · Definition of sales
- 3.1-1-35 · Definition of state