Ind. Code ch. 6-9-78.4

in effect

Ind. Code § 6-9-78.4-1 Application

Sec. 1. This chapter applies to one (1) but not both: (1) Huntington County; or (2) the city of Huntington. If Huntington County is the first to adopt an ordinance under section 3 of this chapter to impose a food and beverage tax, the city of Huntington is thereafter prohibited from imposing a food and beverage tax under this chapter. If the city of Huntington is the first to adopt an ordinance under section 3 of this chapter to impose a food and beverage tax, Huntington County is thereafter prohibited from imposing a food and beverage tax under this chapter. As added by P.L.157-2026, SEC.199.

Ind. Code § 6-9-78.4-2 Application of definitions; definitions

Sec. 2. (a) The definitions in IC 6-9-12-1 apply throughout this chapter. (b) For purposes of this chapter, "adopting body" means either Huntington County or the city of Huntington, whichever is first to adopt a food and beverage tax under this chapter. As added by P.L.157-2026, SEC.199.

Ind. Code § 6-9-78.4-3 Fiscal body ability to adopt ordinance to impose tax

Sec. 3. (a) The fiscal body of the adopting body may adopt an ordinance to impose an excise tax, known as a food and beverage tax, on transactions described in section 4 of this chapter. The fiscal body of the adopting body may adopt an ordinance under this subsection only after the fiscal body of the adopting body has previously: (1) adopted a resolution in support of the proposed food and beverage tax; and (2) held at least one (1) separate public hearing in which a discussion of the proposed ordinance to impose the food and beverage tax is the only substantive issue on the agenda for the public hearing. (b) If the fiscal body of the adopting body adopts an ordinance under subsection (a), the fiscal body shall immediately send a certified copy of the ordinance to the department of state revenue. (c) If the fiscal body of the adopting body adopts an ordinance under subsection (a), the food and beverage tax applies to transactions that occur after the last day of the month following the month in which the ordinance is adopted. As added by P.L.157-2026, SEC.199.

Ind. Code § 6-9-78.4-4 Applicable transactions

Sec. 4. (a) Except as provided in subsection (c), a tax imposed under section 3 of this chapter applies to a transaction in which food or beverage is furnished, prepared, or served: (1) for consumption at a location or on equipment provided by a retail merchant; (2) in the boundary of the adopting body; and (3) by a retail merchant for consideration. (b) Transactions described in subsection (a)(1) include transactions in which food or beverage is: (1) served by a retail merchant off the merchant's premises; (2) food sold in a heated state or heated by a retail merchant; (3) made of two (2) or more food ingredients, mixed or combined by a retail merchant for sale as a single item (other than food that is only cut, repackaged, or pasteurized by the seller, and eggs, fish, meat, poultry, and foods containing these raw animal foods requiring cooking by the consumer as recommended by the federal Food and Drug Administration in chapter 3, subpart 3-401.11 of its Food Code so as to prevent food borne illnesses); or (4) food sold with eating utensils provided by a retail merchant, including plates, knives, forks, spoons, glasses, cups, napkins, or straws (for purposes of this subdivision, a plate does not include a container or package used to transport the food). (c) The food and beverage tax does not apply to the furnishing, preparing, or serving of a food or beverage in a transaction that is exempt, or to the extent the transaction is exempt, from the state gross retail tax imposed by IC 6-2.5. As added by P.L.157-2026, SEC.199.

Ind. Code § 6-9-78.4-5 Tax rate

Sec. 5. The food and beverage tax rate: (1) must be imposed in an increment of twenty-five hundredths percent (0.25%); and (2) may not exceed one percent (1%); of the gross retail income received by the merchant from the food or beverage transaction described in section 4 of this chapter. For purposes of this chapter, the gross retail income received by the retail merchant from a transaction does not include the amount of tax imposed on the transaction under IC 6-2.5. As added by P.L.157-2026, SEC.199.

Ind. Code § 6-9-78.4-6 Imposition, payment, and collection of tax

Sec. 6. A tax imposed under this chapter shall be imposed, paid, and collected in the same manner that the state gross retail tax is imposed, paid, and collected under IC 6-2.5. However, the return to be filed with the payment of the tax imposed under this chapter may be made on a separate return or may be combined with the return filed for the payment of the state gross retail tax, as prescribed by the department of state revenue. As added by P.L.157-2026, SEC.199.

Ind. Code § 6-9-78.4-7 Amounts received paid monthly to fiscal officer

Sec. 7. The amounts received from the tax imposed under this chapter shall be paid monthly by the treasurer of state to the fiscal body of the adopting body upon warrants issued by the state comptroller. As added by P.L.157-2026, SEC.199.

Ind. Code § 6-9-78.4-8 Food and beverage tax receipts fund

Sec. 8. (a) If a tax is imposed under section 3 of this chapter by the adopting body, the fiscal body of the adopting body shall establish a food and beverage tax receipts fund. (b) The fiscal body of the adopting body shall deposit in the fund all amounts received under this chapter. (c) Money earned from the investment of money in the fund becomes a part of the fund. As added by P.L.157-2026, SEC.199.

Ind. Code § 6-9-78.4-9 Uses of money in the fund

Sec. 9. Money in the food and beverage tax receipts fund must be used by the adopting body only for the following purposes: (1) For economic development purposes, including the pledge of money under IC 5-1-14-4 for bonds, leases, or other obligations for economic development purposes. (2) For park and recreation purposes, including the purchase of land for park and recreation purposes. (3) The pledge of money under IC 5-1-14-4 for bonds, leases, or other obligations incurred for a purpose described in subdivision (2). As added by P.L.157-2026, SEC.199.

Ind. Code § 6-9-78.4-10 Covenant of general assembly with holders of obligations

Sec. 10. With respect to obligations for which a pledge has been made under section 9 of this chapter, the general assembly covenants with the holders of the obligations that this chapter will not be repealed or amended in a manner that will adversely affect the imposition or collection of the tax imposed under this chapter if the payment of any of the obligations is outstanding. As added by P.L.157-2026, SEC.199.

Ind. Code § 6-9-78.4-11 Termination and expiration

Sec. 11. (a) If the adopting body imposes the tax authorized by this chapter, the tax terminates on January 1, 2049. (b) This chapter expires January 1, 2049. As added by P.L.157-2026, SEC.199.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/6Fetched: 10/17/2026