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DOR > About Us > General Information for Individual Income Filers > Frequently Asked Questions - Individual Frequently Asked Questions - Individual

General
Deductions
Form IT-40 PNR
Use Tax Liability
Form 1099G
Military

General

When is my tax return due?

The due date for filing your tax return is April 15 following the close of the tax year. If April 15 falls on a weekend or holiday, the due date for filing your tax return is the next business day.

Fiscal-year tax returns are due by the 15th day of the fourth month after the close of the fiscal year. You must complete the Fiscal Year date at the top of the income tax form you're filing.

Who must file a tax return?

You may need to file an Indiana individual income tax return if:

  • You lived in Indiana and received income greater than your exemptions, or
  • You lived outside Indiana and received income from Indiana.

For more information about who must file an Indiana tax return, click here.

What form do I file?

Indiana has several different individual income tax returns. Preliminary rules of filing are:

  • If you file a single federal income tax return, you must file a single Indiana individual income tax return.
  • If you file a joint federal income tax return, you must file a joint Indiana individual income tax return.

For a detailed explanation of the different individual income tax returns and examples to help you choose which return is best for you, click here.

How do I read a refund check?

I need more time to file my taxes and I think I will owe the Department. What should I do?

You should file for an extension of time to file. You will need to submit an Automatic Extension of Time to File (IT-9). To get the form, visit our Web site at www.in.gov/dor/3910.htm, or call our forms order line at (317) 615-2581. You can also make an extension payment online at www.in.gov/dor/epay/index.html

Please note, this form only allows you to file your tax return after the original due date, April 15. Any payment made when you file your extension is subject to interest.

Where can I find my school corporation number?

The school corporation numbers are found in the index of the income tax booklets (IT-40, IT-40 PNR, IT-40 EZ). If you do not have a tax booklet, please call (317) 232-2240 for assistance.

When do I file an amended (corrected) return?

When there are changes to your income, exemptions or credits. This may result in a refund or tax assessment.

  • If you did not file an original return but you filed an amended federal return (1040X) then you will need to just file the new figures as an original return.
  • If you have already filed an original return, file an amended return using Form IT-40X

How do I receive a letter of good standing for an individual?

You must submit a written request, which must be an original document. Only original documents are accepted (no facsimiles). If the request is not submitted from you, but from an authorized representative, such as an attorney, we must also receive a completed Power of Attorney (Form POA-1). The request must contain the following:

  1. The official name of the individual, including first, middle initial and last name.
  2. Current address of the individual.
  3. The individual's Social Security number.
  4. Individual's signature (must be an original signature).
  5. Other pertinent information, such as a deadline, if the individual is working with a timetable.*
  6. Mailing instructions - complete address of where the letter is to be mailed if different from the individual's address.

* Due to the significant amount of research required, the approval for a Letter of Good Standing may take 1 to 5 business days for issuance.

Note: All tax returns must be on file and all liabilities must be satisfied before the request will be approved.

Questions may be directed to (317) 232-2045 from 8 a.m. to 4:30 p.m.

Mail the completed request to:
Indiana Department of Revenue
Tax Administration – Support / Mail Stop #105
100 N. Senate Ave. Room 203
Indianapolis, In 4620

I have a gambling loss that I took on my federal return. Can I claim this on my state return?

No. Indiana does not have a deduction for gambling losses.

Does the Department have a payment plan?

If the amount of tax due is more than $100, the Department can establish a payment plan. The request can be made once your return has completed processing and you have received a bill for the tax due. For more information, please contact us at (317) 232-2165.

Deductions

Can a college student claim the renter’s deduction?

College students may claim the renter’s deduction only if the residence is:

  • Their principal place of residence;*
  • The residence is subject to Indiana property tax.

*A principal place of residence is the place where you have your true, fixed, permanent home and where you intend to return after being absent.

For more information see Information Bulletin 38.

Can parents of a college student claim the renter’s deduction on their tax return?

No, this deduction is only available to the person who is living in the rented residence.

Can I take the renter’s deduction and also the homeowner’s property tax deduction?

These deductions are based on paying rent or property tax on your principal residence. If you paid Indiana property tax on your home and also paid rent on your home (maybe you sold your house, got married, etc), you can take both deductions. Each deduction is limited to the lesser of $2,500 or the amount of rent or property tax paid.

Form IT-40 PNR

I am an Indiana resident in the military. My spouse is not an Indiana resident. We filed a joint federal return. How do we file with Indiana?

You will need to file using Form IT-40PNR. Indiana will tax all of your income, plus any income your spouse may have received from Indiana sources.

I worked in Indiana for six months. Then I worked six months in another state. How should I file my Indiana taxes?

Since this question has a variety of different scenarios, it would be best to refer to page 5 of the Form IT-40PNR tax booklet. Then you would need to see what the guidelines are for the other state(s).

Do I have to figure county tax?

You will if, on Jan. 1 of the year, you lived or worked in an Indiana county that has a county tax. Of Indiana’s 92 counties, only Lake County does not have a county tax.

Use Tax Liability

Who owes Indiana Use Tax?

Generally, any type of business entity (individual, partnership, corporation, etc) that makes purchases of tangible personal property are subject to use tax unless you previously paid at least a 7-percent sales tax on the purchase to the vendor. Use tax can be thought of as a mirror of the sales tax. Both our sales tax and use tax rates are 7 percent.

Use tax is due on property brought into Indiana for use, storage or consumption, unless the Indiana Code (IC 6-2.5-5) contains an applicable exemption for your purchase. If you paid at least 7-percent sales tax at the time of purchase you do not owe a use tax. However, if you did not pay at least a 7-percent sales tax you may owe use tax.

What type of purchases might cause me to become liable for Use Tax?

  • Catalog purchases by phone or mail from out-of-state vendors
  • Internet purchases from out-of-state vendors
  • Items withdrawn from your inventory for personal use or to give away
  • Any purchase for which a statutory exemption is not available per the Indiana Code (IC 6-2.5-5)

What are some common examples of purchases I may make that become subject to the Indiana Use Tax?

  • A dentist operates his/her business as a sole proprietorship. The dentist buys toothbrushes from an out-of-state supply house to give away to their patients during their annual exam. The vendor did not collect any sales tax on this sale. The dentist owes 7 percent use tax on these purchases as there is not an existing statutory exemption for this type item given away. The dentist should report the use tax on form ST-115.
  • An auto repair shop purchases shop rags and other cleaning materials from an-out-of-state vendor. The vendor did not collect sales tax on the invoice. The auto repair shop should report these purchases on their next sales tax return, form ST-103, as being subject to use tax and remit the 7 percent use tax due.
  • A manufacturer purchases new office furniture for their corporate office use from an out-of-state distributor. The distributor collects their state's 6 percent sales tax on the selling price. The manufacturer owes an additional 1 percent Indiana use tax on this purchase since the property is being used, stored or consumed within Indiana. The manufacturer should report this use tax liability on their ST-103 sales tax return.
  • A law firm maintains an extensive legal library. Many of their legal books, manuals and publications are from out-of-state publishers who do not collect sales tax on items shipped into Indiana. The law firm owes 7-percent Indiana use tax on these type of purchases and can remit these on their ST-103 return, if they are a registered retail merchant, or they can use the form ST-115.
  • An individual orders magazines, clothing and novelty items from various out-of-state catalog companies. Sometimes the individual orders the items via mail, sometimes via the telephone and sometimes online over the Internet. This individual should report these purchases to Indiana as being subject to our use tax of 7 percent. The individual can report these purchases on their Individual Income Tax Returns (IT-40 or IT-40EZ) or they may use a Form ST-115.

What about items I purchase at garage sales and auctions?

Items sold at garage sales are generally exempted under Indiana's casual sale statute. A casual sale exemption is applicable when the seller is not in the "business" of selling merchandise and the seller has already paid an original sales or use tax on the item. (IB #20)

Items purchased at auctions are slightly more complex. Naturally, if the auctioneer collects the 7 percent sales tax you will not owe any additional use tax. Also, if the auction takes place on the premises of the owner of the tangible personal property the items are considered to be "casual sales," and therefore, exempt from sales and/or use tax. However, if the merchandise to be sold is moved to a location not owned by the owner of the merchandise, the sales become subject to sales and/or use tax. All sales at auction "houses" are subject to the sales or use tax. (IB #20)

What if I've paid sales tax to another state?

The Indiana use tax rate is 7 percent, same as our sales tax rate. Thus if you:

  • Paid sales tax of 7 percent or more to the other state you do not owe use tax to Indiana
  • Paid sales tax of less than 7 percent to the other state, your Indiana use tax will be the difference between the Indiana 7 percent use tax and the amount you paid to the other state.

Why should I report and pay the Indiana Use Tax?

If you self-report the use tax due you will only owe the tax. If you wait until the Department of Revenue issues you a bill for the use tax due you will have to pay a 10 percent penalty, plus interest. The Indiana Code requires use tax to be paid unless at least an equal amount of sales tax was paid on your taxable purchases. IC 6-2.5-3-2

Form 1099G

What is this statement?

The Form 1099G is a report of income you received from the Indiana Department of Revenue (Department) during 2008. The Internal Revenue Service (IRS) requires government agencies to report certain payments made during the year, because these payments are considered taxable income for the recipients. The Department must report any refund, credit or offset of state and/or county income tax made during 2008 to individuals who claimed itemized deductions on their federal income tax returns for the year in Box 3. We must also include any interest paid on those refunds, credits or offsets.

What should I do with this statement? Do I need to report the amount shown?

The Form 1099G is a report of income you received from the Department during 2008. It is not a bill, and you should not send any type of payment in response to the statement. If a professional preparer handles your taxes, you should give this statement to the preparer, along with your other tax information, such as W-2s. If you prepare your own taxes, you should review the federal return instructions for reporting state tax refunds, or visit the IRS web site at http://www.irs.gov/ for more information.

Why did I receive this statement?

The Department's records show that we issued you a refund or overpayment credit during 2008 for the taxable year shown in Box 3. You may be required to report the refund or credit as income on your 2008 federal income tax return.

Do I have to report my refund as income?

You may have to report a state refund received in 2008 as income if you claimed itemized deductions on your 2007 federal income tax return.

In computing itemized deductions on your federal income tax return, you are allowed to deduct all of the state and county income taxes paid during the year. Most people deduct the amount of state and county income tax withheld, as shown on Form W-2, plus any Indiana estimated tax payments made during the year. Since this deduction reduces federal taxable income, if any part of the state and/or county tax deducted on the federal return is later refunded (as a result of filing your Indiana state income tax return), then that amount has to be reported as taxable income for the year in which the refund is issued.

Example: Sally Smith's 2007 W-2 showed $1,000 Indiana state withholding and $200 Indiana county withholding. She deducted the total $1,200 state and county withholding as an itemized deduction on her 2007 federal return. When she filed her 2007 Indiana state return, she got a $300 refund, which was issued June 1, 2008. This means that she only paid $900 in state and county taxes altogether for 2007, rather that the $1,200 she claimed. Therefore, Sally will be required to report the $300 difference on her 2008 federal tax return. (Note: Sally will also claim the $300 as a deduction on her Indiana tax return on Schedule 1, line 3. See page 19 of the 2008 IT-40 instruction booklet for more information.)

This statement shows a refund amount that includes interest. What am I supposed to report as income?

You may need to report both amounts as income. If so, the interest would be included with the other interest income you report on your federal return. For information on federal reporting requirements, visit the IRS web site at http://www.irs.gov/.

I have checked my records and I'm sure this statement is incorrect. What should I do?

Please contact us at (317) 232-2240, or write to us at P.O. Box 7207, Indianapolis, IN, 46206-7207, to request a letter of correction. Be sure to include your Social Security number, and explain why you believe the Form 1099G is incorrect.

I itemized my deductions last year, but haven't yet received a Form 1099G. Is it too late to get one?

We usually mail out the Form 1099G statements around Jan. 1. If it's after the end of January and you still haven't gotten your statement, contact us at (317) 232-2240, or write to us at P.O. Box 7207, Indianapolis, IN, 46206-7207, to request this information. Be sure to include your Social Security number with your request.

The Social Security number on my Form 1099G is wrong. Would you send a corrected statement to me?

Yes. Please contact us at (317) 232-2240, or write to us at P.O. Box 7207, Indianapolis, IN, 46206-7207. Give us both the incorrect Social Security number from the statement and your correct number. We'll issue a corrected statement to you.

I claimed a refund from Indiana for 2007, but the Indiana Department of Revenue applied the money to a tax bill I owed for another year or to another state agency. Does this mean the statement is wrong? Do I still have to report this as income?

Indiana law requires refunds to be applied to outstanding billings or to other agency offsets. The application of funds doesn't change the fact that you claimed an overpayment for the year on your tax return. Even though you didn't actually receive a check, an overpayment transaction took place, and you are subject to the same federal reporting requirements as if you had received a refund check.

I did show an overpayment on my 2007 state tax return, but I had the money applied as a credit (estimated tax payment) to my 2008 account. Since I didn't get a refund, do I still have to report this?

A refund and a credit are simply different types of overpayment transactions. We must include any overpayment allowed on your 2007 tax return, whether issued as a refund or as a credit, on our Form 1099G. As a result, you are subject to the same federal reporting requirements as if you had received a refund check.

This statement says the refund was issued for 2006, but I already reported that refund on my 2007 federal tax return. Can you correct the statement? If not, what should I do?

We are required to report refund transactions in the year they actually occur. Since your 2006 refund was issued in 2008, we cannot issue a Form 1099G as if the transaction took place in 2007. You should contact the Internal Revenue Service, or visit their Web site at http://www.irs.gov/ to find out whether you should amend your 2007 federal return, or take some other action to correct the reporting error.

This statement shows a refund of $800 for 2007. I did get a refund for that amount, but I amended my state return a few months later, and had to pay $500 back. Shouldn't the statement say my net refund was $300?

Under federal law, the Department is required to report the actual refund or credit amount. We cannot net the amount against other transactions. Therefore, your Form 1099G is correct as issued. For information on how to report the income and deduct your payment on your 2008 federal return, visit the IRS Web site at http://www.irs.gov/.

This statement says the refund was issued for 2004. Why should I have to report that now? Why was a 2004 refund issued in 2008?

Our records apparently show that a refund for 2004 was issued on your account during 2008, and that you claimed itemized deductions for 2004. Since the transaction took place in 2008, the income would be reported on your 2008 federal return. If you don't have a record of filing an amended Indiana tax return for 2004, or of resolving a claim or dispute related to your 2004 return during 2008, please contact us for an explanation at: Indianapolis main office, (317) 232-2240; write to us at P.O. Box 7207, Indianapolis, IN, 46206-7207; or call or visit one of our District Offices located throughout the state.

Military

Which Indiana income tax form do I file?

You have special filing considerations if Indiana is your military home of record. Read the following to see which set of circumstances fits you.

  • If you are single, file Form IT-40.
  • If you are married and:
    1. Filed a separate federal income tax return, file a separate Indiana return on Form IT-40;
    2. Filed a joint federal income tax return, and your spouse is also a full-year Indiana resident, file Form IT-40; or
    3. Filed a joint federal income tax return, and your spouse is either a part-year Indiana resident or a full-year Indiana nonresident, file Form IT-40PNR This form will help you to separate the income to be taxed by Indiana.

How do I report my spouse's income?

If your spouse maintains his/her Indiana residency during your enlistment, all of his/her income will be taxed by Indiana, regardless of where you are stationed.

If your spouse is a part-year or full-year Indiana nonresident, income received during his/her Indiana residency, as well as income from Indiana sources, will be taxed by Indiana.

For examples and more military personnel information, click here.

Will I owe Indiana county tax?

Maybe. Indiana military personnel have special county tax filing considerations. See which of the following examples applies to you.

For examples and more military personnel information, click here.