Most states tax at least some types of business income derived from the state. As a rule, the details of how income from a specific business is taxed depend in part on the business’s legal form. In most states corporations are subject to a corporate income tax, while income from pass-through entities such as S corporations, limited liability companies (LLCs), partnerships, and sole proprietorships is subject to a state’s tax on personal income. Tax rates for both corporate income and personal income vary widely among states. Corporate rates, which most often are flat regardless of the amount of income, generally range from roughly 4% to 10%. Personal rates, which generally vary depending on the amount of income, can range from 0% (for small amounts of taxable income) to around 9% or more in some states.
Currently, six states – Nevada, Ohio, South Dakota, Texas, Washington, and Wyoming – do not have a corporate income tax. However, four of those states – Nevada, Ohio, Texas, and Washington – do have some form of gross receipts tax on corporations. Moreover, five of those states – Nevada, South Dakota, Texas, Washington, and Wyoming – as well as Alaska and Florida currently have no personal income tax. Individuals in New Hampshire and Tennessee are only taxed on interest and dividend income.
Apart from taxing business income through a corporate income tax or a personal income tax, many states impose a separate tax on at least some businesses, sometimes called a franchise tax or privilege tax. This is frequently justified as a tax simply for the privilege of doing business in the state. As with state taxes on business income, the specifics of a state’s franchise tax often depend in part on the legal form of the business. Franchise taxes are generally either a flat fee or an amount based on a business’s net worth.
Indiana is like most states in that it has a corporate income tax, but unlike many states in that it does not have any franchise or privilege tax generally applicable to businesses. (Indiana also has special tax rules for financial institutions which are not covered here.) Thus, in most cases, unless your business is a traditional corporation (a C corporation), the business itself will not be subject to a state tax on income or net worth. However, if income from your business passes through to you personally, that income will be subject to taxation on your personal state tax return.
Indiana taxes the adjusted gross income of corporations at a flat rate. That rate currently is set to decrease every 12 months at least through 2021, as follows:
By comparison, the state’s tax rate on personal adjusted gross income is a flat 3.23% (it was slightly higher in the past). State tax returns are due on the 15th day of the fourth month after the close of the tax year. For corporations whose tax year corresponds with the calendar year, this means returns are due on April 15th.
Let’s briefly look at additional details for five of the most common forms of Indiana business: corporations (C corporations), S corporations, LLCs, partnerships, and sole proprietorships.
Indiana corporations are subject to a flat corporate income tax rate that currently is set to decrease every 12 months.
Example: Your corporation’s tax year follows the calendar year. For the 2018 tax year, your corporation had adjustable gross income of $100,000. That income was evenly divided between the first six months of the year and the last six months of the year. In other words, $50,000 of adjustable gross income for the period January 1, 2018 through June 30, 2018, and $50,000 of adjustable gross income for the period July 1, 2018 through December 31, 2018. The corporation will owe Indiana corporate income tax in the amount of $5,875 (6.0% of $50,000 + 5.75% of $50,000 = $5,875).
An S corporation is created by first forming a traditional corporation, and then filing a special form with the IRS to elect S status. Unlike a traditional corporation, an S corporation generally is not subject to separate federal income tax. Rather, taxable income from an S corporation is passed through to the individual shareholders, and each individual shareholder is subject to federal tax on his or her share of the corporation’s income. In other words, S corporations are pass-through entities. (Note that a shareholder’s share of the S corporation’s income need not actually be distributed to the shareholder in order for the shareholder to owe tax on that amount.) Indiana recognizes the federal S election and Indiana S corporations are not required to pay corporate income tax to the state. However, each individual S corporation shareholder will owe tax on his or her share of the company’s income.
Example: For the latest tax year, your S corporation had net income of $100,000. The $100,000 in net income will be allocated to you and your fellow shareholders, and you will each pay tax on your own portions on your respective Indiana tax returns at the state’s personal income tax rate of 3.23% of adjusted gross income.
Like S corporations, standard LLCs are pass-through entities and are not required to pay income tax to either the federal government or the State of Indiana. Instead, income from a standard Indiana LLC is distributed to individual LLC members, who then pay federal and state taxes on the amounts distributed to them.
By default LLCs are classified for tax purposes as partnerships (or, for single-member LLCs, disregarded entities). However, it is possible to elect to have your LLC classified as a corporation. In that case, the LLC would also be subject to Indiana’s corporation net income tax.
Example: For the latest tax year, your multi-member LLC, which has the default tax classification of partnership, had net income of $100,000. The $100,000 in net income will be divvied up between you and your fellow LLC members, and you will each pay tax on your own portion on your respective Indiana tax returns at the state’s personal income tax rate of 3.23% of adjusted gross income.
Income from partnerships is distributed to the individual partners, who then pay tax on the amount distributed to them on both their federal and state tax returns.
Example: For the latest tax year, your partnership had net income of $100,000. The $100,000 in net income will be divvied up between you and your fellow partners, and you will each pay tax on your respective portions on your respective Indiana tax returns at the state’s personal income tax rate of 3.23% of adjusted gross income.
Income from your business will be distributed to you as the sole proprietor, and you will pay tax to the state on that income.
Example: For the latest tax year, your sole proprietorship had net income of $100,000. The $100,000 in net income is distributed to you personally, and you pay tax on that income on your individual Indiana tax return at the state’s personal income tax rate of 3.23% of adjusted gross income.
Our primary focus here is on businesses operating solely in Indiana. However, if you’re doing business in several states, your business may be considered to have nexus with those states, and therefore may be obligated to pay taxes in those states. Also, if your business was formed or is located in another state, but generates income in Indiana, it may be subject to Indiana taxes. The rules for taxation of multistate businesses, including what constitutes nexus with a state for the purpose of various taxes, are complicated. If you run such a business, you should consult with a tax professional.
For further guidance on Indiana’s corporate income tax, visit the Indiana Department of Revenue. For information on business-related taxes in other states, check Nolo’s 50-State Guide to Business Income Tax. And, if you’re looking for detailed guidance on federal income tax issues, check Tax Savvy for Small Business, by Frederick Daily (Nolo).
Updated: June 12, 2018