Taxpayer is an out-of-state corporation with operations in
Indiana. As the result of a federal income tax regulation change, Taxpayer
filed an amended return for the tax year 2009, reflecting that Taxpayer had
additional Indiana income tax for the tax year 2009.
...
The Department issued proposed assessments for a ten percent
late payment penalty for the tax year 2009. Taxpayer protests the imposition of
penalty.
...
In this case, Taxpayer filed an amended return for 2009
which resulted in additional Indiana adjusted gross income tax for that year.
The Department determined that there was no federal RAR adjustment to account
for this change in reported Indiana income and that Taxpayer was subject to a
penalty under IC § 6-8.1-10-2.1(b). Taxpayer has affirmatively established that
its [sic] the amended return was not filed pursuant to a federal RAR
adjustment and that both its original and amended filing and remittance of tax
payments were due to reasonable cause and not due to negligence, as required by
45
IAC 15-11-2(c). Therefore, the penalty will be waived.
