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IN HB1543
Bill
Status
1/22/2013
Primary Sponsor
Eric Turner
Click for details
AI Summary
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Expands the definition of "retail merchant engaged in business in Indiana" to include merchants who arrange for customers to pick up purchases at third-party locations in Indiana (excluding common carriers)
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Establishes that a retail merchant can be required to collect Indiana sales/use tax if their in-state activities are "significantly associated" with maintaining a market in Indiana
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Creates a presumption that a retail merchant has nexus in Indiana if an affiliate with substantial nexus sells similar products under the same or similar business name, uses Indiana employees/facilities to promote sales, or uses similar trademarks
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Presumes a retail merchant is engaged in business in Indiana if they have referral agreements with Indiana residents generating more than $10,000 in cumulative gross receipts from referred customers over the preceding 12 months
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Allows both presumptions to be rebutted with evidence that the affiliate's or referral partners' activities were not significantly associated with establishing or maintaining the merchant's Indiana market; effective July 1, 2013
Legislative Description
Use tax nexus and collection.
Last Action
First reading: referred to Committee on Ways and Means
1/22/2013