Component members of a controlled group treated as one taxpayer

Official textolls.infolast amended Jan 01, 1978

# (1)

For the purposes of this article, persons who are members of the same controlled group of corporations shall be treated as one taxpayer.

# (2)

If fifty percent or more of the beneficial interest in two or more corporations, trusts, or estates is owned by the same or related persons (taking into account only persons who own at least five percent of such beneficial interest), the exemptions allowed under this article shall be allocated among all such entities in proportion to their respective quantities of production from the property of such entities.

# (3)

In the case of individuals who are members of the same family, the exemptions allowed under this article shall be allocated among such individuals in proportion to their respective quantities of production from the property of such individuals. For the purposes of this article, the family of an individual shall be deemed to include only his spouse and children.

# (4)

For the purposes of this section, the term controlled group of corporations has the meaning given to such term by the Internal Revenue Code of 1986, in section 613A, as of January 1, 1987. The change of the reference in this section from the Internal Revenue Code of 1954 to the Internal Revenue Code of 1986 shall not affect any act done or any right accrued or accruing before or after such change, but all rights and liabilities shall continue and may be enforced in the same manner as if such references had not been changed. Source: L. 77: Entire article added, p. 1851, § 1, effective January 1, 1978. L. 88: (4) amended, p. 1327, § 6, effective April 6.

Amendment history

L. 77: Entire article added, p. 1851, § 1, effective January 1, 1978. L. 88: (4) amended, p. 1327, § 6, effective April 6.

Source: view the official text

In this article (18 sections)

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