The Indiana Department of Revenue (DOR) encourages businesses and individuals who are not in compliance with Indiana tax laws to voluntarily and anonymously come forward to request participation in our voluntary disclosure agreement (VDA) program.
Generally, the program is only available to customers that do not have a brick-and-mortar state tax filing obligation in Indiana, either by owning or leasing real property, including an office, plant, warehouse or residence.
Unregistered remote sellers, and other customers with potential economic nexus, are now eligible to apply for the Department’s VDA program. Please apply as discussed below. More information about remote sellers can be found here: Registration Thresholds.
Benefits of the Program
- Written agreement to decrease the look-back period
- Reduction of all penalties
- Avoid an unplanned audit
Qualifications
- Never filed tax returns in Indiana for tax type in question.
- Never registered for tax type in question.
- Never been audited or contacted by DOR about tax type in question.
- Applicant is not an Indiana housed business and/or does not have brick-and-mortar state tax filing obligation.
VDA Look-Back Periods for Qualified Applicants
- Sales/Use Tax: Three full calendar years plus the current period.
- Income/Franchise Tax: Three returns already on file with the Internal Revenue Service.
- Withholding Tax: Three full calendar years plus the current period.
Note: Applicants that have collected and not remitted Indiana sales tax during prior periods may not qualify for full VDA benefits depending on their particular facts and circumstances.
How to Apply
Customers may submit the VDA-1 form in writing or online. Submit in writing. Or submit online. At a minimum, the following information should be included:
- Name, phone number and email address of contact person.
- Tax type(s) for which request is being made.
- Description of Indiana center creating activity for all years involved.
- Date of first Indiana activity.
- Description of any property (real, tangible or intangible) either owned, leased or rented in Indiana.
- Applicant's tax year-end. Include information about any short periods as well.
- Type of income tax returns filed for federal tax purposes.
- Information about other tax types currently being filed with DOR.
- Whether any tax for the requested tax type has been collected or withheld.
- Estimated liability amount for each tax type.
Multistate Tax Commission (MTC)
DOR does not currently participate in any MTC programs.
Customer Responsibilities
- Return signed agreement to DOR within 30 days of issuance.
- File all returns and pay all liabilities within 90 days of the execution of the agreement.
- Pay calculated interest within 20 days of being billed by DOR.
- File on a go-forward basis per the agreement or until customer no longer has Indiana center creating activity.
DOR's Rights
- Audit customer for all periods included in the agreement.
- Cancel the agreement if the applicant or customer has any false information in their request and be subject to audit for all periods that DOR deems appropriate.
- Cancel the agreement if the applicant fails to comply with terms of the agreement.
Contact DOR
Eric Troop
Voluntary Disclosure Office
Indiana Department of Revenue
100 N. Senate Ave., Rm. N248
Indianapolis, IN 46204
317-233-6036
etroop@dor.in.gov