Indiana Administrative Code — Title 45 (Dept. of State Revenue)
45 IAC 3.1-4-3
Income subject to LIT
Sec. 3. (a) For a resident of an adopting county, the following applies:
(1) If an individual's county of residence adopts or has adopted the local income tax (LIT), his or her entire adjusted gross income
will be subject to the tax rate adopted in the individual's county of residence.
(2) Notwithstanding subdivision (1), Perry County residents are not subject to tax on income earned in a contiguous county outside
Indiana and subject to local income tax in that county. Prior to 2017, this exemption only applies to taxes imposed under IC 6-3.5-
7.
(b) For a resident of a nonadopting county and out-of-state residents, if an individual resides in a nonadopting county or outside the state
of Indiana, but his or her principal place of business or employment is in an Indiana adopting county, only the adjusted gross income derived from
his or her principal place of business or employment in Indiana will be subject to LIT.
(c) For purposes of determining what income is subject to LIT, all income derived from an Indiana county in which the principal place
of business or employment is located is subject to LIT as follows:
(1) The income subject to tax includes compensation and self-employment income, as well as net income derived from ownership
or beneficial interest in a pass-through entity.
(2) In the case of income derived from the operation of a business (profits from a business but not compensation), only such income
derived from the conduct of business in the county of principal place of business or employment will be subject to LIT.
Amendment history
(Department of State Revenue; 45 IAC 3.1-4-3; filed May 10, 2017, 3:04 p.m.: 20170607-IR-045160491FRA; readopted filed Aug 11, 2023, 10:08 a.m.: 20230906-IR-045230534RFA)
Source: view the official text
Nearby sections (25 sections)
- 3.1-1-149 · Investigations by department; cooperation (Repealed)
- 3.1-1-150 · Exemptions from gross income tax (Repealed)
- 3.1-1-151 · Taxation of partnerships with corporate members (Repealed)
- 3.1-1-152 · Taxation of partners of partnerships with corporate members…
- 3.1-1-153 · Taxation of a corporate partner
- 3.1-1-154 · Airport development zones
- 3.1-2-1 · Corporations subject to tax (Repealed)
- 3.1-2-2 · Definition of net income (Repealed)
- 3.1-2-3 · Tax rate (Repealed)
- 3.1-2-4 · Adoption of provisions of adjusted gross income tax;…
- 3.1-4-1 · Persons and income subject to tax; administration
- 3.1-4-2 · Tax rates; income subject to tax
- 3.1-4-3 · Income subject to LIT
- 3.1-4-4 · Persons and income subject to tax; exemptions; joint returns
- 3.1-4-5 · Treatment of married individuals filing jointly
- 3.1-4-6 · Duration of tax
- 3.1-4-7 · Determination of county of residence
- 3.1-4-8 · Determination of county of principal place of business or…
- 3.1-4-9 · Reciprocity agreements with out-of-state authorities
- 3.1-4-10 · Credit for taxes paid to out-of-state local governments
- 4 · ARTICLE 4. INHERITANCE TAX (REPEALED)
- 4.1-1-1 · Applicability (Repealed)
- 4.1-1-2 · "Appropriate probate court" defined (Repealed)
- 4.1-1-3 · "Class A transferee" defined (Repealed)
- 4.1-1-4 · "Class B transferee" defined (Repealed)