Exemption prohibited - when

Official textolls.infolast amended Jan 01, 1978

# (1)

If any person likely to be liable for taxes imposed pursuant to the provisions of this article transfers all or part of his property to another person controlled, directly or indirectly, by the transferor before or after the transfer, the executive director may disallow to the transferee any exemption from tax otherwise authorized pursuant to this article unless such transferee establishes by a clear preponderance of the evidence that the securing of such an exemption was not a major purpose of such transfer.

# (2)

As used in this section, control means: (a) The ownership, directly or indirectly, of more than fifty percent of the voting stock of the transferee corporation; or (b) With respect to a transferee other than a corporation, that the transferor owns, during any part of the transferee's taxable year, a greater economic interest than any other owner of the transferee. Source: L. 77: Entire article added, p. 1851, § 1, effective January 1, 1978.

Amendment history

L. 77: Entire article added, p. 1851, § 1, effective January 1, 1978.

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