SB 419 IN

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Changes the definition of "Internal Revenue Code" in the adjusted gross income tax law to mean the Internal Revenue Code of 1986 as amended and in effect on January 1, 2023. Makes certain changes regarding net operating losses for purposes of determinating state adjusted gross income. Provides that certain amounts for providing or expanding access to broadband service in Indiana may be subtracted from a taxpayer's state corporate adjusted gross income. Provides for successor liability for certain unpaid taxes following a business asset sale. Repeals an outdated provision requiring separate exemption certificates for manufacturers and wholesalers. Makes a clarifying change to the sales tax exemption that applies to power subsidiaries. Clarifies the acquisition date for purposes of adding back interest from tax exempt bonds issued by another state in determining Indiana adjusted gross income. Amends provisions regarding the exemption for certain income derived from patents. Provides that tax paid by an electing partnership is deposited in the state general fund. Makes clarifying changes and technical corrections to the affordable and workforce housing tax credit. Specifies the deposit and distribution of interest with respect to certain taxes. Authorizes the department of state revenue to publish or disclose the status of a governmental or nonprofit entity's sales tax exemption certificate. Provides that a person who knowingly or intentionally sells, purchases, installs, transfers, or possesses: (1) an automated sales suppression device or a zapper; or (2) phantom-ware; commits a class A misdemeanor, and increases the penalty if certain circumstances exist. Makes clarifying and technical corrections to provisions under the electronic cigarette tax. Makes certain changes to a provision contained in P.L.1-2023. Provides that an individual who is an Indiana resident and a member of a health care sharing ministry is entitled to an adjusted gross income tax deduction. Requires a taxpayer to: (1) deduct from the taxpayer's adjusted gross income for a taxable year the amount of specified research or experimental expenditures paid or incurred by the taxpayer during the taxable year; and (2) add to the taxpayer's adjusted gross income an amount equal to the deduction claimed under Section 174 of the Internal Revenue Code for the taxable year. Provides that certain transactions involving a person's acquisition of agricultural machinery, tools, or equipment are exempt from the application of the state gross retail tax. Provides that if an organization provides nonprofit agricultural organization insurance coverage, the organization is subject to a nonprofit agricultural organization health coverage tax unless the organization: (1) files a notice of election with the insurance commissioner and the commissioner of the department of state revenue on or before November 30 of a taxable year; and (2) states in the notice of election that the organization elects to be subject to state income tax for the taxable year. Provides that compensation received by an individual who: (1) is not a resident of Indiana; and (2) receives compensation for employment duties performed in Indiana for 30 days or less during the calendar year; is exempt from the adjusted gross income tax. Provides a sales tax exemption for certain components of a solar or wind energy system.

• Travis Holdman Republican · author
• Scott Baldwin Republican · author
• Jeffrey Thompson Republican · sponsor

1. Jan 19, 2023 Authored by Senator Holdman · upper
2. Jan 19, 2023 First reading: referred to Committee on Tax and Fiscal Policy · upper
3. Feb 21, 2023 Committee report: amend do pass, adopted · upper
4. Feb 23, 2023 Second reading: ordered engrossed · upper
5. Feb 23, 2023 Senator Baldwin added as second author · upper
6. Feb 27, 2023 Third reading: passed; Roll Call 174: yeas 49, nays 0 · upper
7. Feb 27, 2023 House sponsor: Representative Thompson · upper
8. Feb 27, 2023 Cosponsor: Representative Cherry · upper
9. Feb 27, 2023 Senator Randolph added as coauthor · upper
10. Feb 28, 2023 Referred to the House · upper
11. Mar 6, 2023 First reading: referred to Committee on Ways and Means · lower
12. Mar 16, 2023 Representative Porter added as cosponsor · lower
13. Apr 3, 2023 Representative Hamilton added as cosponsor · lower
14. Apr 6, 2023 Committee report: amend do pass, adopted · lower
15. Apr 11, 2023 Amendment #2 (Thompson) prevailed; voice vote · lower
16. Apr 11, 2023 Second reading: amended, ordered engrossed · lower
17. Apr 17, 2023 Third reading: passed; Roll Call 435: yeas 96, nays 2 · lower
18. Apr 18, 2023 Returned to the Senate with amendments · lower
19. Apr 18, 2023 Motion to dissent filed · upper
20. Apr 18, 2023 Senate dissented from House amendments · upper
21. Apr 19, 2023 Senate conferees appointed: Holdman and Melton · upper
22. Apr 19, 2023 Senate advisors appointed: Randolph Lonnie M and Baldwin · upper
23. Apr 19, 2023 House conferees appointed: Thompson and Porter · lower
24. Apr 19, 2023 House advisors appointed: Cherry, Snow, Smaltz, Greene and Hamilton · lower
25. Apr 26, 2023 CCR # 1 filed in the Senate · upper
26. Apr 26, 2023 CCR # 1 filed in the House · lower
27. Apr 27, 2023 Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 533: yeas 95, nays 0 · lower
28. Apr 27, 2023 Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 505: yeas 49, nays 0 · upper
29. Apr 28, 2023 Signed by the President of the Senate · upper
30. Apr 28, 2023 Signed by the President Pro Tempore · upper
31. May 1, 2023 Signed by the Speaker · lower
32. May 4, 2023 Signed by the Governor · executive
33. May 4, 2023 Public Law 194 · upper

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled Senate Bill (S) · Apr 27, 2023 · PDF
• Introduced Senate Bill (S) · Jan 18, 2023 · PDF
• Senate Bill (S) · Feb 21, 2023 · PDF
• Senate Bill (H) · Apr 6, 2023 · PDF
• Engrossed Senate Bill (H) · Apr 11, 2023 · PDF