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Indiana Code

Ind. Code § 6-2.5-6-9 (2026)

Uncollectible receivables; deduction

✓ current as of May 2026
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     Sec. 9. (a) In determining the amount of state gross retail and use taxes which a retail merchant must remit under section 7 of this chapter, the retail merchant shall, subject to subsections (c) and (d), deduct from the retail merchant's gross retail income from retail transactions made during a particular reporting period, an amount equal to the retail merchant's receivables which:

(1) resulted from retail transactions in which the retail merchant did not collect the state gross retail or use tax from the purchaser;

(2) resulted from retail transactions on which the retail merchant has previously paid the state gross retail or use tax liability to the department; and

(3) were written off as an uncollectible debt for federal tax purposes under Section 166 of the Internal Revenue Code during the particular reporting period.

     (b) If a retail merchant deducts a receivable under subsection (a) and subsequently collects all or part of that receivable, then the retail merchant shall, subject to subsection (d)(6), include the amount collected as part of the retail merchant's gross retail income from retail transactions for the particular reporting period in which the retail merchant makes the collection.

     (c) This subsection applies only to retail transactions occurring after December 31, 2006. As used in this subsection, "affiliated group" means any combination of the following:

(1) An affiliated group within the meaning provided in Section 1504 of the Internal Revenue Code (except that the ownership percentage in Section 1504(a)(2) of the Internal Revenue Code shall be determined using fifty percent (50%) instead of eighty percent (80%)) or a relationship described in Section 267(b)(11) of the Internal Revenue Code.

(2) Two (2) or more partnerships (as defined in IC 6-3-1-19), including limited liability companies and limited liability partnerships, that have the same degree of mutual ownership as an affiliated group described in subdivision (1), as determined under the rules adopted by the department.

The right to a deduction under this section is not assignable to an individual or entity that is not part of the same affiliated group as the assignor.

     (d) The following provisions apply to a deduction for a receivable treated as uncollectible debt under subsection (a):

(1) The deduction does not include interest.

(2) The amount of the deduction shall be determined in the manner provided by Section 166 of the Internal Revenue Code for bad debts but shall be adjusted to exclude:

(A) financing charges or interest;

(B) sales or use taxes charged on the purchase price;

(C) uncollectible amounts on property that remain in the possession of the seller until the full purchase price is paid;

(D) expenses incurred in attempting to collect any debt; and

(E) repossessed property.

(3) The deduction shall be claimed on the return for the period during which the receivable is written off as uncollectible in the claimant's books and records and is eligible to be deducted for federal income tax purposes. For purposes of this subdivision, a claimant who is not required to file federal income tax returns may deduct an uncollectible receivable on a return filed for the period in which the receivable is written off as uncollectible in the claimant's books and records and would be eligible for a bad debt deduction for federal income tax purposes if the claimant were required to file a federal income tax return.

(4) If the amount of uncollectible receivables claimed as a deduction by a retail merchant for a particular reporting period exceeds the amount of the retail merchant's taxable sales for that reporting period, the retail merchant may file a refund claim under IC 6-8.1-9. However, the deadline for the refund claim shall be measured from the due date of the return for the reporting period on which the deduction for the uncollectible receivables could first be claimed.

(5) If a retail merchant's filing responsibilities have been assumed by a certified service provider (as defined in IC 6-2.5-11-2), the certified service provider may claim, on behalf of the retail merchant, any deduction or refund for uncollectible receivables provided by this section. The certified service provider must credit or refund the full amount of any deduction or refund received to the retail merchant.

(6) For purposes of reporting a payment received on a previously claimed uncollectible receivable, any payments made on a debt or account shall be applied first proportionally to the taxable price of the property and the state gross retail tax or use tax thereon, and secondly to interest, service charges, and any other charges.

(7) A retail merchant claiming a deduction for an uncollectible receivable may allocate that receivable among the states that are members of the streamlined sales and use tax agreement if the books and records of the retail merchant support that allocation.

As added by Acts 1980, P.L.52, SEC.1. Amended by P.L.257-2003, SEC.30; P.L.81-2004, SEC.7; P.L.162-2006, SEC.23; P.L.184-2006, SEC.2; P.L.109-2015, SEC.23.

 

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2002–2024 · leading case: Chrysler Fin. Co. v. Indiana Dep't of State Revenue, 761 N.E.2d 909 (Ind. T.C. 2002).
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Chrysler Fin. Co. v. Indiana Dep't of State Revenue, 761 N.E.2d 909 (Ind. T.C. 2002). · cites it 18× “The Department claims that no rights are assignable under Indiana Code § 6-2.5-6-9 because "rights which are personal in nature cannot be assigned.”
Home Depot U.S.A., Inc. v. Indiana Dep't of State Revenue, 891 N.E.2d 187 (Ind. T.C. 2008). · cites it 18× “The issue for the Court to decide is whether Home Depot is entitled to a sales tax *188 refund pursuant to Indiana Code § 6-2.5-6-9. FACTS The following facts are undisputed.”
SAC Fin., Inc. v. Indiana Dep't of State Revenue, 894 N.E.2d 1116 (Ind. T.C. 2008). · cites it 12× “The issue for the Court to decide is whether SAC is entitled to the remainder of its requested sales tax refund pursuant to Indiana Code § 6-2.5-6-9. FACTS The following facts are undisputed.”
Indiana Dep't of Revenue v. 1 Stop Auto Sales, Inc., 810 N.E.2d 686 (Ind. 2004). · cites it 8× “See Ind.Code § 6-2.5-6-9 as amended by P.L. 257-2003, § 30.”
Santander Consum. USA Inc v. State Treasurer, 918 N.W.2d 662 (Mich. 2018). “See Ind Code 6-2.5-6-9(d)(2) ("The amount of the deduction shall be determined in the manner provided by Section 166 of the Internal Revenue Code for bad debts but shall be adjusted to exclude: .”
1 Stop Auto Sales, Inc. v. Indiana Dep't of State Revenue, 785 N.E.2d 672 (Ind. T.C. 2003). · cites it 7× “In this case, the Department denied 1 Stop's attempt to deduct its bad debt from its gross retail income under Indiana Code Section 6-2.5-6-9, Indiana's "Bad Debt" statute, for the 1994-1997 tax years.”
1 Stop Auto Sales, Inc. v. Indiana Dep't of State Revenue, 779 N.E.2d 614 (Ind. T.C. 2002). · cites it 26× “Whether the Court has jurisdiction over 1 Stop's 1998 refund claim; Whether 1 Stop is entitled to a bad debt deduction pursuant to Indiana Code § 6-2.5-6-9; and Whether a bad debt deduction under Indiana Code § 6-2.”
Indiana Fin. Fin. Corp. v. Indiana Dep't of Revenue (Ind. T.C. 2024). · cites it 9× “Indiana Code § 6-2.5-6-9 (the “Indiana Bad Debt Statute”), however, allowed a retail merchant (or its assignee) to deduct from the amount of sales tax due, the tax due on the amount of its receivables written off as uncollectible debt for federal income tax purposes under IRC §…”
— Ind. Code § 6-2.5-6-9(2a) — 1 case
Chrysler Fin. Co. v. Indiana Dep't of State Revenue, 761 N.E.2d 909 (Ind. T.C. 2002). “The Department claims that no rights are assignable under Indiana Code § 6-2.5-6-9 because "rights which are personal in nature cannot be assigned.”
— Ind. Code § 6-2.5-6-9(a) — 5 cases
SAC Fin., Inc. v. Indiana Dep't of State Revenue, 894 N.E.2d 1116 (Ind. T.C. 2008). “The issue for the Court to decide is whether SAC is entitled to the remainder of its requested sales tax refund pursuant to Indiana Code § 6-2.5-6-9. FACTS The following facts are undisputed.”
Home Depot U.S.A., Inc. v. Indiana Dep't of State Revenue, 891 N.E.2d 187 (Ind. T.C. 2008). “The issue for the Court to decide is whether Home Depot is entitled to a sales tax *188 refund pursuant to Indiana Code § 6-2.5-6-9. FACTS The following facts are undisputed.”
Indiana Dep't of Revenue v. 1 Stop Auto Sales, Inc., 810 N.E.2d 686 (Ind. 2004). “See Ind.Code § 6-2.5-6-9 as amended by P.L. 257-2003, § 30.”
1 Stop Auto Sales, Inc. v. Indiana Dep't of State Revenue, 779 N.E.2d 614 (Ind. T.C. 2002). “Whether the Court has jurisdiction over 1 Stop's 1998 refund claim; Whether 1 Stop is entitled to a bad debt deduction pursuant to Indiana Code § 6-2.5-6-9; and Whether a bad debt deduction under Indiana Code § 6-2.”
Indiana Fin. Fin. Corp. v. Indiana Dep't of Revenue (Ind. T.C. 2024). “Indiana Code § 6-2.5-6-9 (the “Indiana Bad Debt Statute”), however, allowed a retail merchant (or its assignee) to deduct from the amount of sales tax due, the tax due on the amount of its receivables written off as uncollectible debt for federal income tax purposes under IRC §…”
— Ind. Code § 6-2.5-6-9(a)(1) — 1 case
Chrysler Fin. Co. v. Indiana Dep't of State Revenue, 761 N.E.2d 909 (Ind. T.C. 2002). “The Department claims that no rights are assignable under Indiana Code § 6-2.5-6-9 because "rights which are personal in nature cannot be assigned.”
— Ind. Code § 6-2.5-6-9(a)(3) — 3 cases
Home Depot U.S.A., Inc. v. Indiana Dep't of State Revenue, 891 N.E.2d 187 (Ind. T.C. 2008). “The issue for the Court to decide is whether Home Depot is entitled to a sales tax *188 refund pursuant to Indiana Code § 6-2.5-6-9. FACTS The following facts are undisputed.”
Chrysler Fin. Co. v. Indiana Dep't of State Revenue, 761 N.E.2d 909 (Ind. T.C. 2002). “The Department claims that no rights are assignable under Indiana Code § 6-2.5-6-9 because "rights which are personal in nature cannot be assigned.”
1 Stop Auto Sales, Inc. v. Indiana Dep't of State Revenue, 779 N.E.2d 614 (Ind. T.C. 2002). “Whether the Court has jurisdiction over 1 Stop's 1998 refund claim; Whether 1 Stop is entitled to a bad debt deduction pursuant to Indiana Code § 6-2.5-6-9; and Whether a bad debt deduction under Indiana Code § 6-2.”
— Ind. Code § 6-2.5-6-9(a)(8) — 2 cases
Indiana Dep't of Revenue v. 1 Stop Auto Sales, Inc., 810 N.E.2d 686 (Ind. 2004). “See Ind.Code § 6-2.5-6-9 as amended by P.L. 257-2003, § 30.”
1 Stop Auto Sales, Inc. v. Indiana Dep't of State Revenue, 785 N.E.2d 672 (Ind. T.C. 2003). “In this case, the Department denied 1 Stop's attempt to deduct its bad debt from its gross retail income under Indiana Code Section 6-2.5-6-9, Indiana's "Bad Debt" statute, for the 1994-1997 tax years.”
— Ind. Code § 6-2.5-6-9(a2)(8) — 1 case
1 Stop Auto Sales, Inc. v. Indiana Dep't of State Revenue, 785 N.E.2d 672 (Ind. T.C. 2003). “In this case, the Department denied 1 Stop's attempt to deduct its bad debt from its gross retail income under Indiana Code Section 6-2.5-6-9, Indiana's "Bad Debt" statute, for the 1994-1997 tax years.”
— Ind. Code § 6-2.5-6-9(c) — 1 case
Indiana Fin. Fin. Corp. v. Indiana Dep't of Revenue (Ind. T.C. 2024). “Indiana Code § 6-2.5-6-9 (the “Indiana Bad Debt Statute”), however, allowed a retail merchant (or its assignee) to deduct from the amount of sales tax due, the tax due on the amount of its receivables written off as uncollectible debt for federal income tax purposes under IRC §…”
— Ind. Code § 6-2.5-6-9(d) — 1 case
Indiana Fin. Fin. Corp. v. Indiana Dep't of Revenue (Ind. T.C. 2024). “Indiana Code § 6-2.5-6-9 (the “Indiana Bad Debt Statute”), however, allowed a retail merchant (or its assignee) to deduct from the amount of sales tax due, the tax due on the amount of its receivables written off as uncollectible debt for federal income tax purposes under IRC §…”
— Ind. Code § 6-2.5-6-9(d)(2) — 1 case
Santander Consum. USA Inc v. State Treasurer, 918 N.W.2d 662 (Mich. 2018). “See Ind Code 6-2.5-6-9(d)(2) ("The amount of the deduction shall be determined in the manner provided by Section 166 of the Internal Revenue Code for bad debts but shall be adjusted to exclude: .”
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