45 Ind. Admin. Code 3.1-1-22.5

Current through April 17, 2024

Section 45 IAC 3.1-1-22.5 - Determination of domicile

Authority: IC 6-8.1-3-3

Affected: IC 6-3-1-12

Sec. 22.5.

(a) The department may require documentation from a person to evaluate domicile.

(b) The one hundred eighty-three (183) day and permanent place of residence threshold in IC 6-3-1-12 (b) and section 21 of this rule is not a test for domicile.

(c) A person is presumed not to have abandoned their state of domicile and established a new state or other place of domicile in a given year if, during that year, the person maintained a permanent place of residence (whether as an owner, renter, or other occupier of the residence) in that state and the person did more than one (1) of the following:

(1) Claimed a homestead credit or exemption or a military tax exemption on a home in that state.

(2) Voted in that state.

(3) Occupied a permanent place of residence in that state or other place of domicile for more days of the taxable year than in any other single state.

(4) Claimed a benefit on the federal income tax return based upon that state being the principal place of residence.

(5) Had a place of employment or business in that state.

A person may rebut this presumption through the presentation of substantial contrary evidence.

(d) If a person's domicile is not resolved by subsection (c), the department may consider additional relevant factors to determine the person's state or other place of domicile, including the state or other place where the person:

(1) maintained a driver's license or government issued identification card;

(2) was registered to vote;

(3) registered a vehicle;

(4) claimed as dependents immediate family members who relied, in whole or in part, on the taxpayer for their support;

(5) assigned or maintained a mailing address;

(6) maintained bank accounts;

(7) maintained active membership in a religious, social, cultural, or professional organization;

(8) received professional services; and

(9) kept valuables or family heirlooms.

This list of additional, relevant factors is not exclusive.

45 IAC 3.1-1-22.5

Department of State Revenue; 45 IAC 3.1-1-22.5; filed 6/6/2017, 10:33 a.m.: 20170705-IR-045160497FRA

Readopted filed 10/20/2023, 11:13 a.m.: 20231115-IR-045230658RFA