45 Ind. Admin. Code 15-5-8

Current through October 31, 2024

Section 45 IAC 15-5-8 - Jeopardy assessments

Authority: IC 6-8.1-3-3

Affected: IC 6-8.1-5-3

Sec. 8.

(a) The department may declare the taxable period of a taxpayer terminated and demand immediate payment of the tax due under any one of the following circumstances:

(1) the department finds that the taxpayer intends to remove itself from the state or intends to remove its property from the state; or

(2) the department finds that the taxpayer is concealing its location or its property; or

(3) the taxpayer does any other act tending to prejudice or render wholly or partly ineffective proceedings to compute, assess, or collect any tax levied by the state.

(b) The assessment for taxes owing shall be made to on the best information available to the department. No notice for payment is required for an assessment under IC 6-8.1-5-3. Instead, payment shall be due immediately upon assessment by the department.

(c) If the taxpayer believes that it does not owe some or all of the amount assessed by the department under IC 6-8.1-5-3, it may protest within twenty (20) days after the assessment is made. The taxpayer may request a hearing, whereupon the department may hold a hearing in conformity with the provisions of 45 IAC 15-5-3.

(d) If payment of the amount assessed by the department is not made immediately, the department may issue a jeopardy tax warrant against the taxpayer. The taxpayer's request for a hearing will not stay the issuance of the jeopardy tax warrant. Only the full payment of the assessment will prevent the issuance of the jeopardy tax warrant.

(e) The department has full power to issue, serve, levy and collect a jeopardy tax warrant. The department may, at its discretion, request the assistance of the state police department or the sheriff of any county in effectuating the jeopardy tax warrant.

(f) The department may, at its discretion, accept a surety bond for the full amount of the jeopardy tax warrant in lieu of the levy and sale of the taxpayer's property.

45 IAC 15-5-8

Department of State Revenue; 45 IAC 15-5-8; filed Oct 1, 1987, 1:30 pm: 11 IR 541