(a) The following definitions apply to this section:
- (1) "Direct owner" means a person, corporation, or other entity that owns an interest in a pass through entity without owning the interest through another entity.
(2) "Owner" means:
- (A) a partner in a partnership, including a member of a limited liability company;
- (B) a shareholder in a corporation described in IC 6-3-2-2.8 (2); or
- (C) a beneficiary of an estate or trust.
- (3) "Pass through entity" has the meaning set forth in IC 6-3-1-35 .
- (b) The department may disclose return information or liabilities related to a return by a pass through entity filed under IC 6-3 or IC 6-5.5 to a direct owner of the pass through entity, but only to the extent necessary for the direct owner to determine the direct owner's tax due or filing requirements under IC 6-3 or IC 6-5.5 . For purposes of this subsection, a withholding tax return other than a return filed under IC 6-3-4-12 , IC 6-3-4-13 , or IC 6-3-4-15 is not a return of a pass through entity permitted to be disclosed.
- (c) The department may disclose the information from another taxpayer's return to a taxpayer, but only to the extent necessary to determine the requesting taxpayer's income, deductions, credits, or other attributes affecting the requesting taxpayer's liability for a listed tax.
(d) If the department determines that a taxpayer is personally liable for a listed tax of another taxpayer or is liable for a listed tax as a transferee of another taxpayer, the department may disclose:
- (1) any information related to the other taxpayer, but only to the extent the taxpayer is personally liable for the liabilities of the other taxpayer; and
- (2) any information related to amounts collected or relieved from collection with regard to the liability that the department determines is owed by the taxpayer.
As added by P.L.205-2025, SEC.23.