Indiana Administrative Code — Title 45 (Dept. of State Revenue)
45 IAC 3.1-1-38
Definition of doing business
Sec. 38. Doing Business. For apportionment purposes, a taxpayer is "doing business" in a state if it operates a business enterprise or activity
in such state including, but not limited to:
(1) Maintenance of an office or other place of business in the state
(2) Maintenance of an inventory of merchandise or material for sale distribution, or manufacture, or consigned goods
(3) Sale or distribution of merchandise to customers in the state directly from company-owned or operated vehicles where title to the goods
passes at the time of sale or distribution
(4) Rendering services to customers in the state
(5) Ownership, rental or operation of a business or of property (real or personal) in the state
(6) Acceptance of orders in the state
(7) Any other act in such state which exceeds the mere solicitation of orders so as to give the state nexus under P.L.86-272 to tax its net
income.
As stated in Regulation 6-3-2-2(b)(010) [45 IAC 3.1-1-37], corporations doing business in Indiana as well as other
states are subject to the allocation and apportionment provisions of IC 6-3-2-2(b)-(n).
Amendment history
(Department of State Revenue; Reg 6-3-2-2(b)(020); filed Oct 15, 1979, 11:15 am: 2 IR 1523; errata, 2 IR 1743)
Source: view the official text
Nearby sections (25 sections)
- 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- 3.1-1-40 · Property factor for apportionment (Repealed)
- 3.1-1-41 · Property included in property factor (Repealed)
- 3.1-1-42 · Consistency among reports
- 3.1-1-43 · Numerator of property factor (Repealed)
- 3.1-1-44 · Valuation of owned property (Repealed)
- 3.1-1-45 · Valuation of rented property (Repealed)
- 3.1-1-46 · Methods of averaging property values (Repealed)
- 3.1-1-47 · Payroll factor for apportionment (Repealed)
- 3.1-1-48 · Denominator of payroll factor (Repealed)
- 3.1-1-49 · Numerator of payroll factor (Repealed)
- 3.1-1-50 · Sales factor for apportionment; sales defined