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(a) The income, expenses, assets, and apportionment factors of an enterprise involving undivided joint ownership must be attributed to the joint owners of that enterprise on the basis of their respective ownership interests, as may be modified by agreement among those joint owners. For purposes of this section, partnerships, joint ventures, trusts with joint beneficiaries and similar legal entities but not a single corporation, are enterprises involving undivided joint ownership.
(b) If a corporation conducts business in the state through a noncorporate intermediary, then that corporation is presumed to derive income subject to tax under this chapter from those operations in the amount of the income earned by the intermediary which corresponds to the corporation's respective interest in the profits and losses of the intermediary. The corporation's tax is calculated using that portion of the total revenues and deductions of the intermediary which correspond to the corporation's respective interest in the profits and losses of the intermediary, as if the corporation were directly conducting the operations actually conducted by the intermediary. This subsection only applies if the income earned by the intermediary has not already been included in the corporation's income. The corporation's respective interest in the profits and losses of an intermediary shall be as determined under sec. 704 of the Internal Revenue Code (26 U.S.C. sec. 704). In this section, "intermediary" includes "intermediaries."
History: Eff. 4/14/82, Register 82
Authority: AS 43.05.080
Art. IV, § 18
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Last modified 7/05/2006