Indiana Administrative Code
Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT
Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION
Rule 2 - Employer Rights, Responsibilities, and Liability
Section 2-7 - Transfers of Indiana operations

(1) acquires all or a portion of an employer's trade or business (including the employer's workforce), which results in the continuance of an organization, trade, or business; or

(2) merges, incorporates, or reorganizes the employing unit's business; immediately qualifies as a covered employer under IC 22-4 and assumes the position of the predecessor with respect to all the resources and liabilities of the predecessor's experience account. The successor/acquirer must complete all reports via Employer Self Service or the current state form approved for such reporting. The predecessor/disposer must complete all reports via Employer Self Service or the current state form approved for such reporting. These reports must be filed by the earlier of thirty (30) days from the dispositions date or ten (10) days from a request for information by the department.

(1) acquires a distinct and segregable portion of an organization, trade, or business; and

(2) retains assets, which may include the workforce or employees, or both, of that business; shall be entitled to consider the wages reported by the predecessor/disposer when computing the tax base per employee, per calendar year. The predecessor/disposer must transfer a proportionate portion of its experience balance, and the merit rate, to the successor/acquirer. This must be done by the earlier of thirty (30) days from the date of disposition or not later than ten (10) days after notification from the department. The employers must complete all reports in the manner and form prescribed by the department. Failure to complete the required forms shall result in the department making an independent determination with regard to the percentage of the transfer of the disposer's experience balance to the acquirer's experience balance.