People tricked into moving money from retirement, investment, or bank accounts they directly own, or selling investments, could deduct losses that create otherwise absent federal income after state tax officials certify the amount.
People tricked into moving money from retirement, investment, or bank accounts they directly own, or selling investments, could deduct some losses if the theft caused income to count on their federal taxes that otherwise would not, they paid the other party within 60 days, and state tax officials certified the amount.
State tax officials would certify a deduction before anyone could claim it. The amount could not exceed either the eligible theft loss or the theft-related income included in Indiana income.
Insurance and other repayments received in the theft year would lower the deduction. If someone is paid back later, they would add to Indiana income only the amount that would have lowered their earlier deduction.
Eligible taxpayers could deduct qualifying theft losses from Indiana income. The theft must involve a retirement, investment, bank, or similar account owned directly by the person, or a sale of investments. The other party must induce the transaction and receive payment within 60 days. The theft must cause income to count toward federal adjusted income that would not have counted without it. For nonresidents, only losses from Indiana sources count if the related income would be included in Indiana income. This would apply to tax years beginning on or after January 1, 2024.
The Indiana Department of State Revenue would certify the allowable amount before a taxpayer could claim it. The deduction could not exceed the smaller of the eligible loss or the theft-related income included in Indiana income. The loss must meet a federal theft-loss rule as it stood in 2017 and must not have already reduced federal adjusted income. Applicants must provide requested information about the theft and may challenge the department's decision. Applications would be due by the last day to seek a refund for that tax year.
Taxpayers would account for insurance payments and other repayments when claiming a theft-loss deduction. This applies to people who claim the proposed theft-loss deduction. Only later repayments that would have reduced the original deduction must be added to Indiana income. A later repayment would count as Indiana income in the year the person receives it.
No hearings or votes scheduled.