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IN HB1543

Bill

Status

Introduced

1/22/2013

Primary Sponsor

Eric Turner

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • 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)

  • 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

  • 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

  • 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

  • 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

Committee Referrals

Ways and Means1/22/2013

Full Bill Text

No bill text available