Schedule 8-D (State Form 49103) - Schedule Of Indiana Affi Liated Group Members (Page 2 of 2) in pdf

Indiana Department of Revenue

Revised 8-11

Instructions for Schedule 8-D

Who May File a Consolidated Tax Return

An election must be made by an afﬁ liated group wishing to ﬁ le a consolidated income tax return. The ﬁ ling of an

annual return, including Schedule 8-D or an acceptable substitute schedule, is deemed an election to so ﬁ le on

the part of the corporations included in the return. Prior permission from the Department to ﬁ le a consolidated

return is not necessary. However, an afﬁ liated group must obtain permission in writing from the Department to

discontinue ﬁ ling on a consolidated basis. In such a case, the group must make a separate application showing

good cause why the ﬁ ling change should be permitted on or before the date the returns are ﬁ led. The request

for permission to discontinue ﬁ ling consolidated must include the reasons for desiring the discontinuance and

should be addressed to:

Indiana Department of Revenue

Tax Policy Division MS 103

100 North Senate Avenue, Room N248

Indianapolis, IN 46204-2253

Adjusted Gross Income Tax Act

An afﬁ liated group (as deﬁ ned under I.R.C. Sec. 1504) has the privilege of ﬁ ling a consolidated adjusted gross

income tax return as provided in IC 6-3-4-14. The Indiana consolidated adjusted gross income tax return must

include any member of the afﬁ liated group having income or loss attributed to Indiana during the year.

Utility Receipts Tax Act

Corporations may ﬁ le a consolidated utility receipts tax return if they are incorporated or qualiﬁ ed to do business

in Indiana, are afﬁ liated as deﬁ ned in IC 6-2.3-6-5, and elect to ﬁ le a consolidated return at the time the ﬁ rst

annual return is ﬁ led. Afﬁ liated for utility receipts tax purposes means one corporation owns at least 80% of the

voting stock of another corporation, exclusive of directors' qualifying shares. An afﬁ liated group is a group of

such corporations linked together by the 80% ownership of one with another. This deﬁ nition does not include an

S corporation.

Example: (1) Corporation A owns 80% of the voting stock of Corporation B. Corporation B owns 80% of

Corporation C. Corporations A, B, and C are members of an afﬁ liated group.

(2) Corporation A owns 80% of Corporation B. Corporation A also owns 80% of Corporation C.

Corporations A, B, and C are members of an afﬁ liated group.

Each member of an afﬁ liated group is deemed afﬁ liated with every other member. Brother-sister corporations

(having a common owner that is not a parent corporation but themselves owning no stock in each other) do not

satisfy the 80% ownership requirement and are therefore not permitted to ﬁ le a consolidated return.

Liability of Each Corporate Member for Returns and Tax

The fact that a certain member corporation is designated and approved to make the consolidated return for the

group will not relieve any member of liability for ﬁ ling the return and paying tax for the group. The group and each

member thereof is jointly and severally liable. The corporation chosen to ﬁ le the afﬁ liated group's ﬁ rst consolidated

return will continue to ﬁ le the return and pay the tax due with the return unless permission is granted by the

Department to change ﬁ ling members.

Enclose completed Schedule 8-D when ﬁ ling a consolidated tax return with Form IT-20, Form IT-20S, or Form URT.

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Schedule 8-D (State Form 49103) - Schedule Of Indiana Affi Liated Group Members Page 2