(a) As used in this section, "information return" means the following when a statute or rule requires the following to be filed with the department:

1. (1) Schedule K-1 of form IT-20S, IT-41, or IT-65.
2. (2) Any form, statement, or schedule required to be filed with the department with respect to an amount from which tax is required to be deducted and withheld under IC 6 or from which tax would be required to be deducted and withheld but for an exemption under IC 6 .

3. (3) Any form, statement, or schedule required to be filed with the Internal Revenue Service under 26 C.F.R. 301.6721-1(g) (1993).

   The term does not include form IT-20FIT, IT-20S, IT-20SC, IT-41, or IT-65.

(b) If a person fails to file an information return required by the department, or fails to electronically file an information return that is required by the department to be filed in an electronic format, a penalty of ten dollars ($10) for:

1. (1) each failure to file a timely return; or

2. (2) each failure to electronically file a timely return required by the department to be in an electronic format;

   not to exceed twenty-five thousand dollars ($25,000) in any one (1) calendar year, is imposed.

(d) Beginning after December 31, 2024, a person that has been granted penalty relief under section 2.1(l) of this chapter for failure to file a timely and complete form IT-65 partnership return shall not be subject to a penalty under this section for failure to file the information return Schedule K-1 of form IT-65 for which penalty relief was granted.

As added by Acts 1980, P.L.61, SEC.1. Amended by P.L.18-1994, SEC.45; P.L.234-2019, SEC.38; P.L.230-2025, SEC.92.