Indiana Administrative Code — Title 45 (Dept. of State Revenue)
45 IAC 3.1-1-29
Definition of business income
Sec. 29. "Business Income" Defined. "Business Income" is defined in the Act as income from transactions and activity in the regular course
of the taxpayer's trade or business, including income from tangible and intangible property if the acquisition, management, or disposition of the
property are integral parts of the taxpayer's regular trade or business.
Nonbusiness income means all income other than business income.
The classification of income by the labels occasionally used, such as manufacturing income, compensation for services, sales income,
interest, dividends, rents, royalties, gains, operating income, non-operating income, etc., is of no aid in determining whether income is business or
nonbusiness income. Income of any type or class and from any source is business income if it arises from transactions and activity occurring in the
regular course of a trade or business. Accordingly, the critical element in determining whether income is "business income" or "nonbusiness income"
is the identification of the transactions and activity which are the elements of a particular trade or business.
Amendment history
(Department of State Revenue; Reg 6-3-1-20(010); filed Oct 15, 1979, 11:15 am: 2 IR 1521; errata, 2 IR 1743)
Source: view the official text
Nearby sections (25 sections)
- 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
- 3.1-1-36 · Tax rates
- 3.1-1-37 · Allocation and apportionment of income of multistate…
- 3.1-1-38 · Definition of doing business
- 3.1-1-39 · Apportionment of business income by corporations
- 3.1-1-40 · Property factor for apportionment (Repealed)
- 3.1-1-41 · Property included in property factor (Repealed)