Full Sales Tax Refund Claim Allowed for Defaulted Loans Purchased at Discount in Indiana

A finance company that purchased installment sale contracts at a 30% discount was entitled to the full amounts of its Indiana sales tax refund claims. The finance company purchased installment sale contracts without recourse for 70% of the amount originally financed from a car dealership. Full sales tax was financed under the contracts. The car dealership remitted 100% of the sales tax amount to the Department. Some of the installment sale customers defaulted on their contracts, and the finance company sought a tax refund on 100% of the default amount. The bad debt deduction does not require that the discounted amount be excluded when calculating the deduction. Retailers or their assignees may deduct from their gross retail income amounts written off as bad debt for federal tax purposes. (SAC Finance, Inc. v. Indiana Department of State Revenue, Indiana Tax Court, No. 49T10-1007-TA-34; 49T10-1102-TA-11, December 24, 2014)

Posted on February 17, 2015