Section 45IAC13-3-5. Secondary liability for payment of tax

   (a) IC 6-6-4.1-3 governs the primary liability under IC 6-6-4.1. If the party who is primarily liable fails, in whole or in part, to discharge the liability, all the parties to the lease transaction are responsible for compliance with IC 6-6-4.1 and are jointly and severally liable for payment of the tax regardless of whether any "hold harmless agreement" was made between the parties.

  (b) The total amount of taxes collected by the department may not exceed the amount of tax that would have resulted from the leased motor vehicle being operated by the owner, plus any applicable costs and penalties. (Department of State Revenue; Reg 6-6-4.1-3(e)(010); filed Jul 13, 1984, 9:25 a.m.: 7 IR 2319; filed Apr 30, 1986, 3:30 p.m.: 9 IR 2192; filed Dec 18, 2015, 3:42 p.m.: 20160113-IR-045140520FRA)