45 IAC 15-1-2 "Due date" defined

Authority: IC 6-8.1-3-3

Affected: IC 6-8.1-1-4; IC 6-8.1-5-2; IC 6-8.1-6-1; IC 6-8.1-9-1; IC 6-8.1-10-1

Sec. 2. "Due date" means the last date on which a particular act may be performed and be on time. If an extension of time is allowed for performing a particular act, the due date is the last day of the extension period. An extension of time for filing is authorized under IC 6-8.1-6-1 under several circumstances. However, the extension does not extend the time for payment of the tax due. If at least 90% of the tax that is reasonably expected to be due is paid by the original due date (see 45 IAC 15-6-1), the tax that remains unpaid will not accrue late payment penalties until the extension period has ended. However, the tax that remains unpaid during the extension period accrues interest from the original due date.

Therefore, the due date cannot be extended for the payment of tax, but can be extended for the filing of a return. If an extension of time is permitted for filing a return, the statute of limitations is also extended for purposes of filing a claim for refund or for the issuance of an assessment.

(Department of State Revenue; 45 IAC 15-1-2; filed Oct 1, 1987, 1:30 pm: 11 IR 534)