General

# (a)

A combined report covering any taxpayer and another corporation or corporations is required where:
(1) the capital stock requirement is met; and
(2) the unitary business requirement is met.

# (b)

A group of commonly owned or controlled corporations may elect to file a combined report when the capital stock requirement is met. This election is referred to as the commonly owned group election.

# (c)

# (1)

Each combined group must have a designated agent to act for the combined group. Only the designated agent may act on behalf of all the members of the combined group in all matters relating to the combined group. The actions taken by the designated agent are binding on all members of the combined group.

# (2)

The designated agent must be a taxpayer under article 9-A and must be identified annually on an original, timely filed combined report or on a timely extension of time to file a report if an extension is requested. Once identified on an application for an extension of time to file a report, if utilized, the designated agent cannot be changed on the original report filed for that period unless at the time the original report is filed the designated agent has been sold, dissolved, merged or consolidated into another corporation or otherwise ceases to meet the requirements to be included in the combined report. If the designated agent is first identified on an original report, the designated agent cannot be changed on an amended report for the taxable year unless at the time an amended report is filed the designated agent has been sold, dissolved, merged or consolidated into another corporation, or otherwise ceases to meet the requirements to be included in a combined report.

# (3)

The designated agent may be changed in a subsequent year on either an original, timely filed combined report or on a timely extension to file a report if an extension is requested.

# (d)

Each member of the combined group that is a taxpayer under article 9-A shall be jointly and severally liable for the tax due on the combined report for the combined group. The tax due on the combined report shall be the sum of:

# (1)

the highest of:
(i) the tax measured by the combined business income base tax;
(ii) the tax measured by the combined capital base; or
(iii) the fixed dollar minimum tax attributable to the designated agent of the combined group; and

# (2)

the fixed dollar minimum tax attributable to each member of the combined group (other than the designated agent) that is a taxpayer under article 9-A. However, tax credits cannot be used to reduce the fixed dollar minimum tax of any member of the combined group that is a taxpayer other than the designated agent.

# (e)

For a combined group to be eligible for the preferential tax treatment available to qualified emerging technology companies, every member of the combined group must be a qualified emerging technology company.