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Understanding the complexities of the Indiana OTP 901 form is crucial for businesses involved in the tobacco industry within the state. This document, issued by the Indiana Department of Revenue, serves as an essential application for obtaining or renewing a distributor's license for other tobacco products. Filled out correctly, it ensures compliance with state regulations, preventing any interruption in the operation of selling tobacco products. The form requires detailed information about the applicant, including the business name, federal ID number, and specific details about the type of ownership, whether as a sole proprietorship, partnership, or corporation. Additionally, it asks for the identification of partners or corporate officers and the reason behind needing the license, covering scenarios such as new business ventures, purchase, lease, or reinstatement of old licenses. Audit information and details about other tobacco product storage locations are also sought. Crucially, the applicant must submit this form 30 days prior to the license expiration or the commencement of their business to avoid penalties. By providing a pathway for compliance, the OTP 901 form plays a pivotal role in the regulatory ecosystem of Indiana's tobacco businesses.

Sample - Indiana Otp 901 Form

INDIANA DEPARTMENT OF REVENUE

OTP-901

R3/ 10-07

P.O. BOX 901

INDIANAPOLIS, IN 46206-0901

This form must be submitted 30 days prior to:

a)the expiration of your current license or,

b)the date you begin your business

You may not do business without your certificate.

FOR OFFICE ONLY

OTP

APPLICATION FOR OTHER TOBACCO PRODUCTS DISTRIBUTOR’S LICENSE

 

 

Renewal

 

 

 

 

New Certificate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Applicant’s Name - Enter individual’s, partnership’s, or corporation’s name

 

 

 

 

 

 

Federal ID Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Business/Trade Name (if different than above)

 

 

 

Telephone Number

 

 

 

Owner’s Social Security #

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mailing Address (Street or P.O. Box Number)

 

 

 

City or Town

County

 

 

State

Zip Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Location Address of Business (if different than above)

 

 

 

City or Town

County

 

 

State

Zip Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Type of Ownership:

 

Sole Proprietorship

 

 

Partnership

 

Corporation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If Corporation: Date of Incorporation:___________________________________

If Foreign Corporation: Date of Acceptance by Indiana Secretary of State:______________________________________________

If an Indiana corporation or a foreign corporation, give name and address of Resident Agent:________________________________

Identifi cation of Partners or Corporate Officers

Name (last name fi rst)

Social Security Number

Address

City

State

Zip Code

 

 

Title

Reason License Needed (Answer Yes or No):

New Business:

Purchase of Existing Business:

Lease of Existing Business:

From Whom Was Business Purchased or Leased?

Reinstatement of Old License:

Does Applicant Presently Hold a Cigarette Tax License? ________________ License Number:___________________________

Has Applicant Previously Held a Cigarette Tax License? ________________ License Number:___________________________

Does Applicant Presently Hold an Indiana Registered Retail Merchants Certifi cate? _________ Certificate Number:_______________________________

Does Applicant Presently Hold Any Other Licenses or Permits Issued by any State Agency?

STATE AGENCY

TYPE OF LICENSE OR PERMIT

NUMBER

Audit Information:

Location Where Records Will Be Available For Audit:

Phone Number of Location Of Audit Records:

Phone Number of Business Location:

Indicate Address of Each Location In Which You Have Other Tobacco Products in Storage

Location

OTP License Number

Indicate Name, Address, Phone Number and Estimated Annual Purchases from Whom You Currently Purchase and/or Expect to Purchase Other Tobacco Products: (A Computer Generated List Which Includes All Requested Information Will Be Accepted)

Supplier’s Name

Address

Phone Number

Estimated Annual Purchases

TOTAL:

If Necessary Attach Additional List.

Does Your Company Expect to Sell Other Tobacco Products Into Another State?___________________________________________________________________

List States: _________________________________________________________________________________________________________________________

Today’s Date

I declare under penalties of perjury that the information contained in this application and any attachments is true, correct and complete to the best of my knowledge and belief.

Signature of Taxpayer or Authorized Agent, Title

Telephone Number

Form Overview

Fact Detail
Form Purpose The Indiana OTP-901 form is used to apply for or renew an Other Tobacco Products Distributor's License.
Submission Timeline It must be submitted 30 days before the expiration of the current license or the date of commencing the business.
License Requirement Conducting business without this certificate is prohibited.
Governing Law The form is regulated by the Indiana Department of Revenue under Indiana state law.

Guide to Filling Out Indiana Otp 901

Filling out the Indiana OTP-901 form is a straightforward process but requires attention to detail to ensure every part of the document is accurately completed. This form is pivotal for anyone looking to distribute tobacco products within the state, marking a step towards adherence to local tax laws and regulations. It's crucial that the form is submitted 30 days before either the expiration of your current distributor's license or the initiation of your tobacco product business. Walking through the steps below will guide you through the submission process without leaving any necessary details behind.

  1. Start by determining the type of application: check the appropriate box for either a 'Renewal' or a 'New Certificate.'
  2. Under Applicant's Name, fill in the full legal name of the individual, partnership, or corporation applying for the license.
  3. Provide the Federal ID Number of the applicant. For individuals, this might be your Social Security number.
  4. If applicable, list the Business/Trade Name different from the applicant's name.
  5. Enter the Telephone Number where the business or applicant can be reached.
  6. The Owner’s Social Security # is necessary if the business is operated by an individual owner.
  7. For the Mailing Address, provide the street or P.O. Box number, along with the city, county, state, and zip code.
  8. If the Location Address of Business is different, include that address as well, specifying the city, county, state, and zip code.
  9. Select the Type of Ownership by checking the appropriate box: Sole Proprietorship, Partnership, or Corporation.
  10. For corporations, input the Date of Incorporation, and if a foreign corporation, the Date of Acceptance by Indiana Secretary of State.
  11. Provide the name and address of the Resident Agent if the business is an Indiana corporation or a foreign corporation.
  12. List the Identification of Partners or Corporate Officers, including their names, social security numbers, addresses, and titles.
  13. Answer whether the license is needed for a New Business, Purchase of Existing Business, Lease of Existing Business, or Reinstatement of Old License.
  14. Indicate if the applicant currently holds or has previously held a cigarette tax license and provide the license number(s).
  15. Specify if the applicant has an Indiana Registered Retail Merchants Certificate and its number, along with any other licenses or permits issued by any state agency.
  16. Detail the Audit Information, including the location where the records will be available and the telephone number for that location.
  17. For businesses with multiple storage locations, indicate each address and the corresponding OTP license number.
  18. Provide a list of suppliers from whom you currently purchase or expect to purchase other tobacco products, including their names, addresses, phone numbers, and estimated annual purchases. Attach additional lists if necessary.
  19. Answer whether your company expects to sell other tobacco products into another state and list those states if applicable.
  20. Sign and date the form, including the title and telephone number of the individual completing the application.

After completing these steps carefully, review the entire form to ensure accuracy and completeness. Remember, the information provided should be truthful and backed by the appropriate documentation where necessary. Once you're satisfied with the entries, submit the form to the Indiana Department of Revenue ahead of the specified deadline. This application lays the groundwork for your business's compliance with state regulations, marking an important step in your entrepreneurial journey within the tobacco industry.

Frequently Asked Questions

What is the Indiana OTP 901 form used for?

The Indiana OTP 901 form is utilized by businesses to apply for or renew an Other Tobacco Products Distributor's License with the Indiana Department of Revenue. This form is crucial for any entity planning to distribute tobacco products other than cigarettes within Indiana. It is required not only for new businesses but also for existing establishments that seek to continue their operations either through renewal or following changes such as new ownership or reinstatement of an old license.

When should the Indiana OTP 901 form be submitted?

Submission of the Indiana OTP 901 form must occur 30 days prior to the expiration of your current license or 30 days before you start your business. This preemptive submission ensures that the business can legally operate without interruption or delay due to licensing issues.

Can businesses operate without a certificate?

No, businesses cannot operate without a certificate. Operating a business involved in distributing other tobacco products without a valid license as sanctioned by the Indiana Department of Revenue is against state regulations. To avoid legal complications, it’s essential to secure the proper licensing before conducting any business activities.

What information is required to complete the Indiana OTP 901 form?

The form requires detailed information about the applicant, including the name of the individual, partnership, or corporation, Federal ID Number, business/trade name, telephone number, and social security number of the owner. Also needed are the mailing and location addresses of the business, type of ownership, identification of partners or corporate officers, and specific licensing questions related to the tobacco business and other state-issued permits or licenses. Additionally, applicants must provide information about their suppliers and whether they expect to sell tobacco products into another state.

What happens if the Indiana OTP 901 form is not submitted on time?

Failure to submit the Indiana OTP 901 form on time can lead to a disruption in the business's ability to legally sell other tobacco products within the state. This could result in penalties, including fines or a temporary halt of sales until the proper licensing is secured. Timely submission is crucial to maintain continuous legal operation.

How does an applicant declare the information on the Indiana OTP 901 form is true and accurate?

Upon completing the Indiana OTP 901 form, the applicant or authorized agent must sign the document, thereby declaring under penalties of perjury that the information provided is true, correct, and complete to the best of their knowledge and belief. This declaration emphasizes the importance of accuracy and legality in the application process.

Can the Indiana OTP 901 form cater to both new applications and renewals?

Yes, the Indiana OTP 901 form is designed to accommodate both new applicants seeking an Other Tobacco Products Distributor's License and existing licensees looking to renew their certification. The form carefully outlines sections that cater specifically to new businesses, purchases of existing businesses, lease of existing ones, reinstatements, and queries on previous cigarette tax licenses, ensuring a comprehensive platform for all types of applicants.

Common mistakes

When filling out the Indiana OTP 901 form, which is necessary for acquiring or renewing an Other Tobacco Products Distributor’s License, applicants commonly encounter a range of mistakes. These errors can delay the processing of the application, potentially impacting the applicant's ability to legally operate their business. Highlighted below are common pitfalls that should be avoided to ensure the form is completed correctly.

  1. Not submitting the form 30 days prior to the expiration of the current license or the start of the business. This timeframe is crucial for processing the application without disruption to the business operations.
  2. Entering incorrect information in the section for the Applicant’s Name or Business/Trade Name. It's important to specify the name exactly as it is recognized legally to avoid issues with the license issuance.
  3. Failing to provide the right Location Address of Business if it differs from the mailing address. This detail is essential for proper licensing and audit purposes.
  4. Misunderstanding the Type of Ownership section, leading to incorrect or incomplete information about the business structure, which can result in processing delays or rejections.
  5. Omitting or inaccurately completing the Identification of Partners or Corporate Officers section. All required details are crucial for verifying the legal operation and ownership of the business.
  6. Skipping the question regarding whether the applicant currently holds a Cigarette Tax License or an Indiana Registered Retail Merchants Certificate. This information is vital for understanding the applicant's standing and compliance with state regulations.
  7. Leaving out details of where records will be available for Audit Information. Accurate record-keeping locations are necessary for state audits and compliance checking.
  8. Forgetting to list all locations where other tobacco products are stored, including the OTP License Number for each location. This oversight can lead to legal and operational issues.
  9. Inaccurately estimating annual purchases from suppliers or omitting supplier information, which affects the completeness of the application.
  10. Not signing the application or failing to include the Today’s Date at the bottom of the form, which is a certification that the information provided is true and accurate to the best of the applicant's knowledge.

It's important to approach the completion of the OTP 901 form with attention to detail and a thorough understanding of the requirements. Applicants should carefully review all entries and ensure that all necessary attachments are included before submission. Avoiding the aforementioned pitfalls not only facilitates a smoother licensing process but also enhances compliance with Indiana's regulations governing tobacco products distribution. Remember, meticulous preparation and accuracy are key to successfully navigating the application process.

Documents used along the form

When applying for or renewing an Other Tobacco Products Distributor's License in Indiana using the Indiana Department of Revenue OTP-901 form, several other documents are often required to support the application. These documents are vital for providing a comprehensive background and ensuring compliance with local and state regulations. Understanding each document and its purpose can help streamline the application process, ensuring that all necessary information is accurately and promptly submitted.

  • Indiana Registered Retail Merchant's Certificate Application: This form is necessary if the applicant does not already hold a Retail Merchant's Certificate. It's required for businesses intending to sell retail products, including tobacco, within Indiana.
  • Business Entity Report: Filed with the Indiana Secretary of State, this report provides information about the corporation’s or partnership’s structure, officers, and legal status, essential for verifying the business's legitimacy.
  • IRS Form SS-4 (Application for Employer Identification Number): This form is used to apply for a Federal Tax Identification Number, which is necessary for tax reporting purposes. It verifies the business’s identity and tax status with the federal government.
  • Zoning and Compliance Certification: This document confirms that the business location complies with local zoning laws and is approved for the sale of tobacco products, crucial for maintaining community standards and legal operations.
  • Personal Identification: Copies of personal identification (e.g., driver's license) for the owners or corporate officers might be requested to verify identities and conduct background checks.
  • Proof of Bond: A bond may be required to guarantee payment of taxes or fees related to tobacco distribution. This document provides financial assurance to the state.
  • Lease Agreement or Property Deed: If the business operates from leased property or owns the business premises, documents proving occupancy or ownership are often required to verify the location of the business.

In addition to the OTP-901 form, gathering these documents in advance can significantly smooth the process of applying for or renewing an Other Tobacco Products Distributor's License in Indiana. Each document serves a unique purpose, from establishing legal business status to ensuring tax obligations are met. By carefully preparing and submitting these forms, businesses can ensure they meet all requirements, paving the way for a successful application and operation.

Similar forms

The Indiana OTP 901 form is similar to other state-specific tobacco product distributor licensing forms, particularly in its purpose and structure. For instance:

  • New York State Department of Taxation and Finance Certificate of Registration for Tobacco Products Distributors: Like the Indiana OTP 901 form, this document is required for businesses in New York intending to distribute tobacco products. It gathers similar information about the business, including ownership details, type of business entity, and operational addresses. Both forms necessitate the disclosure of the applicant’s federal identification number and other state-issued licenses or permits, effectively ensuring compliance with state regulations.
  • California Cigarette & Tobacco Products Licensing Act Application: The California application shares similarities with the Indiana form by requiring applicants to provide extensive details about their business, including the types and locations of tobacco products they plan to sell or distribute. Information such as ownership structure, federal ID numbers, and details about previous licenses is crucial in both forms. Each state uses these forms to maintain a database of licensed distributors within their jurisdiction, aiding in the regulatory oversight of tobacco product sales.
  • Florida Application for Tobacco Products Distributor License: Structurally akin to Indiana’s OTP 901 form, the Florida application asks for detailed business information, including the types of tobacco products distributed and the locations involved in the business operation. Both forms serve as a pre-requisite for conducting tobacco product distribution legally within their respective states. They also share requirements such as listing current and past licenses, potentially aiming to track the applicant’s compliance history with state regulations.

Each of these documents, though tailored to the specific regulatory environments of their respective states, operates under the same principle as Indiana’s OTP 901 form. They are foundational to the regulatory framework overseeing tobacco product distribution, ensuring businesses are properly identified, licensed, and monitored. This process is crucial for public health policies and for ensuring that all tobacco product distributors operate under the confines of state law.

Dos and Don'ts

When you're getting ready to fill out the Indiana OTP 901 form for your tobacco products distributor's license, there are important guidelines you should follow to make sure your application is complete and submitted correctly. Here are five things you should do, as well as five things you shouldn't do as part of this process.

Do:
  • Ensure all information is accurate before you submit the form. This includes double-checking your business and personal details, making sure they match any official documents.
  • Sign and date the form to affirm that all the information provided is true and correct to the best of your knowledge. Unsigned forms are considered incomplete.
  • Submit the form 30 days prior to the expiration of your current license or the date you intend to start your business, adhering to the required timeline.
  • Include your Federal ID Number, Owner’s Social Security Number, and any other required identification. These numbers are essential for processing your application.
  • If you’re attaching additional documents, such as a list of suppliers or other licenses, make sure they are clearly labeled and contain all the requested information.
Don't:
  • Leave any fields blank. If a question does not apply to you, be sure to mark it with "N/A" instead of leaving it empty to show that you didn’t overlook it.
  • Forget to indicate whether your business is a renewal or a new certificate application. This is crucial for processing your application correctly.
  • Omit any audit information, including the location where records will be available for audit. This information is critical for maintaining compliance.
  • Fail to list any states into which you expect to sell other tobacco products, if applicable. This information is necessary for tax purposes.
  • Use unclear or shorthand writing that might be difficult to understand. Your application should be legible and written in formal language to avoid any confusion.

By following these guidelines, you'll be in a better position to ensure your application is processed smoothly and without delays. Remember, accuracy and completeness are key when filling out legal documents such as the Indiana OTP 901 form.

Misconceptions

Misunderstandings abound when it comes to government forms, and the Indiana OTP 901 form is no exception. Diving into the specifics of the form, it is imperative to address some common misconceptions to pave the way for a smoother application process. This list aims to clarify these common errors and provide accurate insight.

  • It's only for renewing existing licenses: A prevalent misconception is that the Indiana OTP 901 form is strictly for renewals. However, this form is used both for applying for a new Other Tobacco Products (OTP) distributor’s license and for renewing an existing one.

  • Submission timeline is flexible: Another common misunderstanding is regarding the submission timeline. Applicants must submit this form at least 30 days prior to either the expiration of their current license or the date they plan to commence their business operations. This is a strict requirement, not a guideline.

  • Personal information isn’t necessary: Contrary to what some might think, providing detailed personal information, including social security numbers for individuals or Federal ID numbers for partnerships and corporations, is mandatory for the application to be considered.

  • Certificate number equates to license: There's often confusion between certificate numbers and license numbers. An existing Indiana Registered Retail Merchants Certificate number does not replace the need for a separate OTP distributor’s license.

  • The form is for tobacco distributors only: While it’s true that the form is specifically for distributors of other tobacco products, it's a common mistake to think that it doesn't apply to retail merchants dealing in tobacco who may need to be licensed as distributors depending on their business model.

  • No need to list audit information: The form requires applicants to indicate where records will be available for audit. Some applicants mistakenly believe this section can be left blank or filled out vaguely, which is not the case.

  • Not necessary for companies selling into other states: There's a misconception that companies expecting to sell other tobacco products into another state do not need this license. However, any company looking to distribute tobacco products within Indiana must be licensed, irrespective of where the products will ultimately be sold.

  • No need to disclose other licenses or permits: Applicants are sometimes under the impression that they do not need to disclose other licenses or permits issued by any state agency. This information is crucial for a comprehensive review of an applicant's eligibility and compliance status.

  • Electronic submission is acceptable: As of the last update, the submission process requires mailing the form to the provided address. There's a widespread belief in the digital age that forms like these can be submitted online, which is not the case here.

  • The form can be submitted any time before the business starts: The specific requirement to submit the form at least 30 days before beginning business operations or before the current license expires is often overlooked, leading to the misconception that it can be submitted closer to the business start date or post-commencement.

Clearing up these misconceptions is crucial for applicants to ensure their application process is both effective and compliant with Indiana’s Department of Revenue guidelines. Understanding these key aspects of the Indiana OTP 901 form helps streamline the application or renewal process for an Other Tobacco Products Distributor’s License.

Key takeaways

Understanding the Indiana OTP 901 form is crucial for all tobacco products distributors in Indiana. This document serves as the application for obtaining or renewing your Other Tobacco Products Distributor's License. Here are seven key takeaways about filling out and using this form effectively:

  • Timeliness is key: The completion and submission of the OTP 901 form must occur 30 days before your current license expires or before you commence your business operations. This ensures you're legally allowed to distribute tobacco products without interruption.
  • Accuracy matters: When filling out the form, every detail - from the name of the applicant to the Federal ID Number, business address, and type of ownership - must be correct. Accurate information avoids delays or denials in the licensing process.
  • Understanding ownership types: Clearly specify your business's ownership type. Whether you're a sole proprietorship, a partnership, or a corporation, each has different requirements. For corporations, additional details like the date of incorporation and the name and address of the Resident Agent are necessary.
  • Comprehensive details required: The applicant must provide a full list of partners or corporate officers, including their names, Social Security Numbers, and addresses. This exhaustive information is critical for a transparent and legitimate application process.
  • Disclosure of additional licenses: If you hold other licenses or permits, especially a Cigarette Tax License or an Indiana Registered Retail Merchants Certificate, these must be disclosed on the OTP 901 form. This information helps streamline the approval process by providing a complete picture of your legal and operational status.
  • Audit readiness: Indicating where your records will be available for audit and the location of tobacco product storage is a requirement. Being prepared for an audit is part of maintaining compliance with state regulations.
  • Out-of-state sales considerations: If your company plans to sell tobacco products to other states, this intention must be declared, including a list of those states. This information is crucial for tax and legal purposes, ensuring compliance with both Indiana's laws and those of the states you're selling to.

Completing the Indiana OTP 901 form with attention to detail and adherence to the guidelines ensures a smoother process for obtaining or renewing your distributor's license. Staying informed and compliant not only helps your business to operate legally but also contributes to the integrity of the industry in Indiana.

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