Albatross · Data Catalog

Indiana

IN · state · 17 cited facts

CategoryProvisionValueSource
trust-nexusIncomplete-gift nongrantor trust / ING (income tax reach)ESCAPES: residency = place of administration (45 IAC 3.1-1-12); a NV-administered ING is a nonresident trust and retained intangible gain is not IN-source. PERMANENT, not deferral: no throwback statute, and the retained gain is corpus gain outside DNI (IRC 643(a)(3)), so it never carries out to the settlor on a later distribution. Ongoing income on the reinvested proceeds IS taxable to a resident beneficiary when distributed
sources (3)
Ind. Code 6-3-1-12(d); 45 IAC 3.1-1-12; Indiana DOR Fiduciary FAQ · high confidence · as of 2026-07-13 · TY 2026
Indiana trust residency is the place of administration, not settlor domicile
The trust residence is determined by the place where it is administered. Therefore, you must determine where the trustee or personal representative is located and where the records are kept for the trust.
Note: IC 6-3-1-12(d) makes a trust resident only when it 'has a situs within this state'; the regulation fixes situs at the place of administration. No settlor-domicile prong and no ING attribution statute.
https://www.in.gov/dor/tax-forms/fiduciary/fiduciary-faq/
IRC §643(a)(3) · high confidence · as of 2026-07-13 · TY 2026
IRC §643(a)(3): capital gain allocated to corpus is excluded from distributable net income
Gains from the sale or exchange of capital assets shall be excluded to the extent that such gains are allocated to corpus and are not (A) paid, credited, or required to be distributed to any beneficiary during the taxable year, or (B) paid, permanently set aside, or to be used for the purposes specified in section 642(c).
Note: This is the rule that makes an ING's escape PERMANENT rather than deferral. Income reaches a beneficiary only through DNI (IRC 652/662); a retained corpus gain is outside DNI, so a later distribution of it is principal, not income, and never enters the beneficiary's federal taxable income. Every escape state starts from the federal number, so it never enters the state base either. Conditional on the gain ACTUALLY being allocated to corpus and not distributed in the year realized: a gain routed to fiduciary accounting income, or distributed in the sale year, is in DNI and is taxable to the resident beneficiary.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section643&num=0&edition=prelim
IRC §665(c) · high confidence · as of 2026-07-13 · TY 2026
IRC §665(c): the accumulation-distribution (throwback) rules do not reach a qualified domestic trust
(1) In general In the case of a qualified trust, any distribution in any taxable year beginning after the date of the enactment of this subsection shall be computed without regard to any undistributed net income. (2) Qualified trust For purposes of this subsection, the term 'qualified trust' means any trust other than- (A) a foreign trust (or, except as provided in regulations, a domestic trust which at any time was a foreign trust), or (B) a trust created before March 1, 1984, unless it is established that the trust would not be aggregated with other trusts under section 643(f) if such section applied to such trust.
Note: A modern NV/DE ING is a 'qualified trust', so the federal accumulation-distribution regime is computed without regard to undistributed net income: it is empty. States whose only accumulation rule piggybacks IRC 665-668 (OR OAR 150-316-0575, IA, KS, SC) therefore recapture nothing. Only a state with its OWN throwback keyed to income untaxed by any state can claw the gain back, and of the verified escape states only Utah has one (59-10-114(1)(g)).
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section665&num=0&edition=prelim
estate-noneEstate and inheritance taxNone
sources (1)
Indiana Department of Revenue, Inheritance Tax Information · high confidence · as of 2026-07-02 · TY 2025
Indiana inheritance tax repealed in 2013; applied only to deaths on or before Dec 31 2012
The legislature repealed the Indiana Inheritance tax in 2013. Inheritance tax previously had to be paid for individuals who passed away on or before Dec. 31, 2012.
Note: Two verbatim sentences from the fetched page; may not be adjacent in the page layout. Departmental Notice 44 also at in.gov/dor/files/dn44.pdf.
https://www.in.gov/dor/tax-forms/individual/inheritance-tax-information/
rateState income tax rate (TY2025)3.0% flat (2.95% TY2026)
sources (1)
IC 6-3-2-1(b)(6) · high confidence · as of 2026-07-12 · TY 2025
Indiana adjusted gross income tax rate is 3.0% for taxable years beginning after December 31, 2024 and before January 1, 2026
Each taxable year, a tax at the following rate of adjusted gross income is imposed upon the adjusted gross income of every resident person, and on that part of the adjusted gross income derived from sources within Indiana of every nonresident person: ... (6) For taxable years beginning after December 31, 2024, and before January 1, 2026, three percent (3%).
Note: Rate falls to 2.95% (TY2026, (b)(7)) and 2.90% (TY2027-2029, (b)(8)) under the enacted schedule, with 0.05-point revenue-trigger steps possible from 2030 ((b)(9)). Indiana also imposes a mandatory county LIT (Local Income Tax) of 0.5% to 3.0% on the same adjusted gross income base, reaching capital gains. Marion County (Indianapolis) rate is 2.02%; statewide representative rate ~1.5% to 2.5%.
https://iga.in.gov/laws/2026/ic/titles/6#6-3-2-1
rateState income tax rate (TY2026)2.95% flat (2.9% TY2027-2029; 0.05-point trigger steps possible from 2030)
sources (1)
IC 6-3-2-1(b)(7)-(8) · high confidence · as of 2026-07-12 · TY 2026
Indiana adjusted gross income tax rate falls to 2.95% for TY2026, then 2.9% for TY2027-2029
(7) For taxable years beginning after December 31, 2025, and before January 1, 2027, two and ninety-five hundredths percent (2.95%). (8) For taxable years beginning after December 31, 2026, and before January 1, 2030, two and nine-tenths percent (2.9%).
Note: Verbatim from the official 2026 Indiana Code HTML download (iga.in.gov Code Downloads; the browse UI is script-rendered). From 2030, (b)(9)-(10) authorize 0.05-point reductions in even-numbered years when general-fund revenue growth triggers are met. The county LIT (0.5% to 3.0%) continues on the same base.
https://iga.in.gov/laws/2026/ic/titles/6#6-3-2-1
conformityLoss carryforwardConforms to IRC §1212 indefinite federal carryforward applies
sources (1)
IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025
IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback
In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.
Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim
muni-instateIn-state muni bond interestExempt: IC 6-8-5-1 exempts Indiana state and local bond interest (IT-40 Schedule 2 Code 636 deduction)
sources (1)
Indiana IT-40 2025, Schedule 1 Line 3 (OOS add-back); Schedule 2 Code 636 (IN bonds exempt) · medium confidence · as of 2026-06-18 · TY 2025
IN exempts IN-issued bonds; out-of-state muni bonds acquired after Dec. 31, 2011 are taxable
Interest earned from a direct obligation of a state or political subdivision other than Indiana is taxable by Indiana if the obligation is acquired after Dec. 31, 2011. If you had interest from a bond issued by or in the name of certain Indiana government subdivisions or entities, deduct any interest or other income included in federal gross income.
Note: Indiana IT-40 Schedule 1 Line 3 adds back out-of-state muni interest for bonds acquired after Dec. 31, 2011. Pre-2012 acquisitions are grandfathered as exempt. Indiana bonds are exempt via Schedule 2 Code 636 deduction. IC 6-8-5-1 is the primary statutory authority. URL points to the Indiana DOR individual forms page; the specific IT-40 booklet instructions were the intended source. Confidence medium pending section-specific URL.
https://www.in.gov/dor/tax-forms/individual/current/
muni-outstateOut-of-state muni bond interestTaxable: (post-2011 acquisitions) IT-40 Schedule 1 Line 3 add-back; pre-2012 bonds are grandfathered exempt
sources (1)
Indiana IT-40 2025, Schedule 1 Line 3 (OOS add-back); Schedule 2 Code 636 (IN bonds exempt) · medium confidence · as of 2026-06-18 · TY 2025
IN exempts IN-issued bonds; out-of-state muni bonds acquired after Dec. 31, 2011 are taxable
Interest earned from a direct obligation of a state or political subdivision other than Indiana is taxable by Indiana if the obligation is acquired after Dec. 31, 2011. If you had interest from a bond issued by or in the name of certain Indiana government subdivisions or entities, deduct any interest or other income included in federal gross income.
Note: Indiana IT-40 Schedule 1 Line 3 adds back out-of-state muni interest for bonds acquired after Dec. 31, 2011. Pre-2012 acquisitions are grandfathered as exempt. Indiana bonds are exempt via Schedule 2 Code 636 deduction. IC 6-8-5-1 is the primary statutory authority. URL points to the Indiana DOR individual forms page; the specific IT-40 booklet instructions were the intended source. Confidence medium pending section-specific URL.
https://www.in.gov/dor/tax-forms/individual/current/
qoz-conformityQOZ conformity (IRC §1400Z-2)Conforms to IRC §1400Z-2 QOZ gain deferral and 10-year exclusion via rolling IRC conformity
sources (1)
Ind. Code §6-3-1-11 (updated Jan 1, 2026 by 2026 S.B. 243) · high confidence · as of 2026-06-19 · TY 2025
Indiana conforms to IRC §1400Z-2 QOZ gain deferral and exclusion
'Internal Revenue Code' means the Internal Revenue Code of 1986 of the United States, as amended and in effect on January 1, 2026.
Note: Indiana IRC conformity date updated to January 1, 2026 (2026 S.B. 243); §1400Z-2 incorporated.
https://iga.in.gov/laws/2026/ic/titles/6#6-3-1-11
qsbs-conformityQSBS conformity (IRC §1202)Conforms to IRC §1202 QSBS gain exclusion via rolling IRC conformity; no addback
sources (1)
Ind. Code §6-3-1-11 · high confidence · as of 2026-06-19 · TY 2025
Indiana conforms to IRC §1202 QSBS gain exclusion
'Internal Revenue Code' means the Internal Revenue Code of 1986 of the United States, as amended and in effect on January 1, 2026.
Note: Indiana IRC conformity incorporates §1202; no addback.
https://iga.in.gov/laws/2026/ic/titles/6#6-3-1-11
agency-obligationsGSE bond interest (FNMA/FHLMC)Taxable: IC 6-3-2-4(b)(1) deduction limited to US interest on obligations 'exempt from state income taxation'; FNMA and FHLMC have no federal bondholder exemption statute
sources (1)
IC 6-3-2-4(b)(1) · medium confidence · as of 2026-06-20 · TY 2025
Indiana deduction for U.S. obligation interest requires exemption from state income taxation under federal law; FNMA and FHLMC have no such federal bondholder exemption
If any item of income is excluded from gross income for federal income tax purposes but is required to be added under IC 6-3-1-3.5, there shall be allowed as a deduction from adjusted gross income... interest income received from United States obligations if and to the extent that the obligations are exempt from state income taxation.
Note: IC 6-3-2-4(b)(1) deduction applies only to interest on US obligations exempt from state taxation. FNMA and FHLMC have no bondholder exemption statute. No Indiana DOR named-entity publication found; confidence: medium based on structural statutory analysis.
https://iga.in.gov/laws/2024/ic/titles/06#6-3-2-4
dividend-qualifiedQualified dividend incomeOrdinary rate: Indiana has no modification creating a preferential rate for qualified dividends; taxed at the flat 3.0% state rate (IRC §1(h)(11) preference not adopted)
sources (1)
IC 6-3-2-1(b)(6) · high confidence · as of 2026-07-12 · TY 2025
Indiana adjusted gross income tax rate is 3.0% for taxable years beginning after December 31, 2024 and before January 1, 2026
Each taxable year, a tax at the following rate of adjusted gross income is imposed upon the adjusted gross income of every resident person, and on that part of the adjusted gross income derived from sources within Indiana of every nonresident person: ... (6) For taxable years beginning after December 31, 2024, and before January 1, 2026, three percent (3%).
Note: Rate falls to 2.95% (TY2026, (b)(7)) and 2.90% (TY2027-2029, (b)(8)) under the enacted schedule, with 0.05-point revenue-trigger steps possible from 2030 ((b)(9)). Indiana also imposes a mandatory county LIT (Local Income Tax) of 0.5% to 3.0% on the same adjusted gross income base, reaching capital gains. Marion County (Indianapolis) rate is 2.02%; statewide representative rate ~1.5% to 2.5%.
https://iga.in.gov/laws/2026/ic/titles/6#6-3-2-1
treasuryU.S. Treasury interestExempt: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations (T-bills, T-notes, T-bonds, TIPS, I-bonds)
sources (1)
31 U.S.C. §3124(a) · high confidence · as of 2026-06-20 · TY 2025
U.S. Treasury interest exempt from Indiana income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations
Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax.
Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3124
fhlb-ffcbFHLB and FFCB bond interestExempt: 12 U.S.C. §1433 (Federal Home Loan Bank Act) and 12 U.S.C. §2023 (Farm Credit Act) mandate state tax exemption for FHLB and FFCB securities
sources (2)
12 U.S.C. §1433 (Federal Home Loan Bank Act) · high confidence · as of 2026-06-20 · TY 2025
FHLB and FFCB bond interest exempt from Indiana income tax: federal enabling statutes mandate state tax exemption
Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority.
Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1433&num=0&edition=prelim
12 U.S.C. §2023 (Farm Credit Act) · high confidence · as of 2026-06-20 · TY 2025
Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation
The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124).
Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2023&num=0&edition=prelim
carrybackCapital loss carrybackNone: IRC §1212(b) provides carryforward only for non-corporate taxpayers; no carryback to prior years
sources (1)
IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025
IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback
In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.
Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim
characterLong-term capital gains treatmentOrdinary rate: no preferential long-term rate; capital gains taxed as ordinary income at the flat 3% rate (IC §6-3-2-1)
sources (1)
IC 6-3-2-1(b)(6) · high confidence · as of 2026-07-12 · TY 2025
Indiana adjusted gross income tax rate is 3.0% for taxable years beginning after December 31, 2024 and before January 1, 2026
Each taxable year, a tax at the following rate of adjusted gross income is imposed upon the adjusted gross income of every resident person, and on that part of the adjusted gross income derived from sources within Indiana of every nonresident person: ... (6) For taxable years beginning after December 31, 2024, and before January 1, 2026, three percent (3%).
Note: Rate falls to 2.95% (TY2026, (b)(7)) and 2.90% (TY2027-2029, (b)(8)) under the enacted schedule, with 0.05-point revenue-trigger steps possible from 2030 ((b)(9)). Indiana also imposes a mandatory county LIT (Local Income Tax) of 0.5% to 3.0% on the same adjusted gross income base, reaching capital gains. Marion County (Indianapolis) rate is 2.02%; statewide representative rate ~1.5% to 2.5%.
https://iga.in.gov/laws/2026/ic/titles/6#6-3-2-1
filing-status-flatFiling status irrelevant: flat rate stateYes: flat 3% rate on adjusted gross income regardless of filing status (IC §6-3-2-1; TY2025)
sources (1)
IC 6-3-2-1(b)(6) · high confidence · as of 2026-07-12 · TY 2025
Indiana adjusted gross income tax rate is 3.0% for taxable years beginning after December 31, 2024 and before January 1, 2026
Each taxable year, a tax at the following rate of adjusted gross income is imposed upon the adjusted gross income of every resident person, and on that part of the adjusted gross income derived from sources within Indiana of every nonresident person: ... (6) For taxable years beginning after December 31, 2024, and before January 1, 2026, three percent (3%).
Note: Rate falls to 2.95% (TY2026, (b)(7)) and 2.90% (TY2027-2029, (b)(8)) under the enacted schedule, with 0.05-point revenue-trigger steps possible from 2030 ((b)(9)). Indiana also imposes a mandatory county LIT (Local Income Tax) of 0.5% to 3.0% on the same adjusted gross income base, reaching capital gains. Marion County (Indianapolis) rate is 2.02%; statewide representative rate ~1.5% to 2.5%.
https://iga.in.gov/laws/2026/ic/titles/6#6-3-2-1
migration-loss-conformityMigration loss carryforward conformityRecalculate (structural inference): Indiana apportions a new resident's capital gains and losses on an in-state-source basis, so an imported federal section 1212 carryforward is recomputed rather than adopted wholesale; no published guidance addresses the imported pre-residency carryforward.
sources (1)
IC 6-3-2-1 · low confidence · as of 2026-06-30 · TY 2025
Indiana recomputes a migrating resident's capital-loss carryforward on an in-state basis (structural inference)
Verbatim text not yet extracted; see note.
Note: Structural inference: IC 6-3-2-1(a) imposes the tax on the adjusted gross income of every resident and on that part of the adjusted gross income derived from sources within Indiana of every nonresident, so nonresident/part-year income is recomputed on an in-state-source basis and an imported pre-residency federal section 1212 carryforward is recalculated rather than imported in full. Verbatim statutory text could not be extracted on 2026-07-03: iga.in.gov is a JavaScript single-page app that renders no statute text to curl/WebFetch, and its api.iga.in.gov backend is gated behind an x-api-key (HTTP 403). Indiana DOR bulletin ib28.pdf does not verbatim-quote the section. No accessible primary .gov source; left pending.
https://iga.in.gov/laws/2024/ic/titles/06#6-3-2-1