Schedule IT-20PIC Indiana Department of Revenue State Form 53126 (R14 / 8-19) Disclosure of Intangible Expense and Directly Related Interest Expense For Tax Year Beginning and Ending Enter name of corporation as shown on return FEIN of filing entity Part 1 – Transactions Involving Intangible Property with a Related Party List transactions made with every recipient for royalties, patents, copyrights, etc. Column A Column B Column C Column D Column E Column F Column G Column H Column I Paying Entity Name Paying Entity Recipient Name Recipient FEIN State or Relationship Exception Amount Paid Addback FEIN Country of Code Code Amount Domicile (P, S, or B) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Total Column H 12. Total Column I. Carry this amount to lines 4 through 10 on Form IT-20 and use code 140 *24100000000* 24100000000 |
Part 2 – Transactions Involving Interest with a Related Party List transactions made with every recipient for interest Column A Column B Column C Column D Column E Column F Column G Column H Column I Paying Entity Name Paying Entity Recipient Name Recipient FEIN State or Relationship Exception Amount Paid Addback FEIN Country of Code Code Amount Domicile (P, S, or B) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Total Column H 12. Total Column I. Carry this amount to lines 4 through 10 on Form IT-20 and use code 141 *24100000000* 24100000000 |
Instructions for Completing Schedule IT-20PIC Complete all information requested. Report Column G. Exception Code – Indiana statutes provide transactions with any member(s) of the same for exceptions to adding back intangible expenses affiliated group (50% ownership threshold) or foreign deducted for federal tax purposes. Enter the letter corporation(s) involving an intangible expense. Also corresponding to the appropriate exception: report any directly related interest expense paid, A) The taxpayer and all intangible income accrued, or incurred in transactions with one or more recipients, for the purposes of the add-back members of the same affiliated group or one or more requirement for line 6b of the return, are foreign corporations. Use Part 1 to report royalties, included in the same consolidated or combined patent, copyright, or other intangible expenses. Use Indiana return, or in an Indiana financial Part 2 to report interest expenses. institutions tax return. Enclose a copy of federal Form 851 (Affiliation B) The intangible expense corresponded to an Schedule) if filing a consolidated federal return. item of income for a recipient that: i) was subject to financial institutions tax Part 1 - Related Transactions of Intangible Property in Indiana; ii) filed an Indiana financial institutions Provide the following information on all related tax return in Indiana; and transactions made with a recipient member of iii) apportion the items of income that the same affiliated group or a foreign corporation corresponds to the expense as required involving an intangible expense. under Indiana law. Column A. Enter the name of the paying entity (This C) The intangible expense corresponded to an should be the filing entity or a member of the filer’s item of income for a recipient that: consolidated or combined return) i) was subject to a net income tax, a franchise tax measured by net Column B. Enter the Federal Employer Identification income, or a value added tax in a Number (FEIN) of the paying entity state or possession of the U.S or in a country other than the U.S. that is its Column C. Enter the name of the recipient commercial domicile; ii) included the corresponding items of Column D. Enter the FEIN of the recipient. If the income within the recipient’s income recipient does not have an FEIN, leave blank that is subject to tax in that state or possession of the U.S or in a country Column E. Enter the state or country of domicile of other than the U.S.; the recipient iii) resulted from transactions made at a commercially reasonable rate that Column F. Enter letter corresponding to the is comparable to an arm’s length relationship of the recipient entity to the paying entity transaction; and P) Parent iv) resulted from transactions that did S) Subsidiary not have Indiana tax avoidance as a B) Brother/Sister principal purpose. |
D) The items of income corresponding to the H) The expense related to an amount paid to a expense: recipient that: i) resulted from transactions with i) maintained a permanent office space recipient’s on terms substantially similar with an adequate number of full-time to transactions in which the recipient experienced employees to engage in regularly engages in with one or more substantial business activities either unrelated parties. from acquisition, use, or disposition ii) resulted from transactions that did of intangible property, or from other not have Indiana tax avoidance as a activities separate and apart from the principal purpose. intangible property; ii) resulted from transactions made at E) The expense relates to an amount paid to the a commercially reasonable rate that recipient that: is comparable to an arm’s length i) was made on the behalf of an unrelated transaction; and party; iii) resulted from transactions that did ii) was paid at an arm’s length rate; and not have Indiana tax avoidance as a iii) resulted from transactions that did principal purpose not have Indiana tax avoidance as a principal purpose. I) An agreement is on file with the department allowing an alternative method of allocation or F) The expense related to an amount paid to the apportionment under the adjusted gross income recipient that: tax statute; or i) was for an amount that was received by the taxpayer from an unrelated party J) The department has determined, after the and was paid to the recipient on behalf taxpayer’s petition, that the adjustment is of that unrelated party; unnecessary. ii) resulted from transactions made at a commercially reasonable rate that Column H. Enter the amount paid, accrued, or is comparable to an arm’s length incurred (expensed). Round all entries to the nearest transaction; and whole dollar. iii) resulted from transactions that did not have Indiana tax avoidance as a Column I. Enter the amount required to be added principal purpose. back. This is the amount in Column H that does not G) The expense related to an amount paid to the meet an exception. Round all entries to the nearest recipient that: whole dollar. i) was equal to or greater than an amount that the recipient paid, accrued, or Report the total from Column I on Form IT-20, lines incurred, to an unrelated party in 4-10, as add-back code 140. connection with the same property giving rise to the expense; and Part 2- Transactions Involving Interest with a ii) resulted from transactions that did Related Party not have Indiana tax avoidance as a principal purpose. Provide the following information on all related transactions made with a recipient member of the same affiliated group or a foreign corporation involving a directly related interest expenses. |
Column A. Enter the name of the paying entity (This ii) included the corresponding items of should be the filing entity or a member of the filer’s income within the recipient’s income consolidated or combined return) that is subject to tax in that state or possession of the U.S or in a country Column B. Enter the Federal Employer Identification other than the U.S.; Number (FEIN) of the paying entity iii) resulted from transactions made at a commercially reasonable rate that Column C. Enter the name of the recipient is comparable to an arm’s length transaction; and Column D. Enter the FEIN of the recipient. If the iv) resulted from transactions that did recipient does not have an FEIN, leave blank not have Indiana tax avoidance as a principal purpose. Column E. Enter the state or country of domicile of the recipient D) The items of income corresponding to the interest expense: Column F. Enter the relationship of the recipient entity i) resulted from transactions with to the paying entity recipient’s on terms substantially similar P) Parent to transactions in which the recipient S) Subsidiary regularly engages in with one or more B) Brother/Sister unrelated parties. ii) resulted from transactions that did Column G. Exception Code – Indiana statutes provide not have Indiana tax avoidance as a for exceptions to adding back intangible expenses principal purpose. deducted for federal tax purposes. Enter the letter corresponding to the appropriate exception: E) The interest expense relates to an amount paid A) The taxpayer and all interest income recipients, to the recipient that: for the purposes of the add-back requirement i) was made on the behalf of an unrelated for line 6b of the return, are included in the party; same consolidated or combined Indiana return, ii) was paid at an arm’s length rate; and or an Indiana financial institutions tax return. iii) resulted from transactions that did not have Indiana tax avoidance as a B) The interest expense corresponded to an item of principal purpose. income for a recipient that: i) was subject to financial institutions tax F) The interest expense related to an amount paid in Indiana; to the recipient that: ii) filed an Indiana financial institutions i) was for an amount that was received by tax return in Indiana; and the taxpayer from an unrelated party iii) apportioned the items of income and was paid to the recipient on behalf that corresponded to the expense as of that unrelated party; required under Indiana law. ii) resulted from transactions made at a commercially reasonable rate that C) The interest expense corresponded to an item of is comparable to an arm’s length income for a recipient that: transaction; and i) was subject to a net income tax, iii) resulted from transactions that did a franchise tax measured by net not have Indiana tax avoidance as a income, or a value added tax in a principal purpose. state or possession of the U.S or in a country other than the U.S. that is its commercial domicile |
G) The interest expense related to an amount paid to the recipient that: i) was equal to or greater than an amount that the recipient paid, accrued, or incurred, to an unrelated party in connection with the same property giving rise to the expense; and ii) resulted from transactions that did not have Indiana tax avoidance as a principal purpose. H) The interest expense related to an amount paid to a recipient that: i) maintained a permanent office space with an adequate number of full-time experienced employees to engage in substantial business activities either from acquisition, use, or disposition of intangible property, or from other activities separate and apart from the intangible property; ii) resulted from transactions made at a commercially reasonable rate that is comparable to an arm’s length transaction; and iii) resulted from transactions that did not have Indiana tax avoidance as a principal purpose I) An agreement is on file with the department allowing an alternative method of allocation or apportionment under the adjusted gross income tax statute; or J) The department has determined, after the taxpayer’s petition, that the adjustment is unnecessary. Column H. Enter the amount paid, accrued, or incurred (expensed). Round all entries to the nearest whole dollar. Column I. Enter the amount required to be added back. This is the amount in Column H that does not meet an exception. Round all entries to the nearest whole dollar. Report the total from Column I on Form IT-20, lines 4-10, as add-back code 141. |