reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 2 - Corporate Net Income Tax; Administration and Credits › 15 AAC 20.260 - Film production tax credit

Current through May 31, 2024
(a) Upon
				notification from the film office of the award, under
				AS
				44.33.231-44.33.239 and 3 AAC 188, of a film
				production tax credit to a producer, and as provided under
				AS
				43.98.030, the department will issue the
				producer a film production tax credit certificate.
(b) To use a film production tax credit
				provided under
				AS
				43.98.030 to offset taxes imposed under AS
				43.20 (Alaska Net Income Tax Act), the current holder of the film production
				tax credit certificate must use the credit no later than three years after the
				date on which the department initially issued the certificate. On the
				certificate, the department will identify the date of initial issuance,
				transfer date, if applicable, and the expiration date. If the current holder is
				the first person to whom the certificate was issued, the credit may be taken on
				one or more of the returns required under AS 43.20 for a tax period that
				occurred, in whole or in part, no earlier than the date on which the department
				initially issued the certificate and no later than the date on which the
				certificate expires. If the current holder acquired the certificate through a
				transfer, the credit may be taken on one or more of the returns required under
				AS 43.20 for a tax period that occurred, in whole or in part, no earlier than
				the date on which the department transferred the certificate to the current
				holder and no later than the date on which the certificate expires. The current
				holder must attach the original certificate to the tax return on which the
				credit is claimed. If the original certificate is lost, stolen, or misplaced,
				an affidavit signed under penalty of perjury stating that the original
				certificate was lost, stolen, or misplaced must be attached to the tax return
				on which the credit is claimed.
(c)
				Transfer under
				AS
				43.98.030(b) of a film
				production tax credit is subject to department approval under this subsection
				and (d) of this section. To request approval, the transferor must
(1) make a request for transfer on a form or
				in a format prescribed by the department, and must include on the request
(A) the number assigned by the department of
				the film production tax credit certificate being transferred;
(B) the transferor's name, address, and
				federal tax identification number;
(C) the transferor's name, address, and
				federal tax identification number;
(D) the date of the transfer; and
(E) the amount of the credit being
				transferred;
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 3 - Corporate Net Income Tax; Combination and Apportionment Rules › 15 AAC 20.310 - Unitary business

Current through May 31, 2024
(a) A business is unitary if the entity or
				entities involved are owned, centrally managed, or controlled, directly or
				indirectly, under one common direction which can be formal or informal, direct
				or indirect, or if the operation of the portion of the business done within the
				state is dependent upon or contributes to the operation of the business outside
				the state.
(b) The unitary nature
				of a business is a case-by-case factual determination and applicable statutes,
				regulations, and administrative and judicial precedent will be used as
				guidelines for making the determination.
(c) If a corporation is owned by a sovereign,
				head of state, government, or governmental agency, the unitary business does
				not include the sovereign, head of state, government, or governmental agency
				for purposes of this chapter.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former
					 AS
					 43.20.065 as
					 AS
					 43.20.142. As of Register 204 (January 2013),
					 the regulations attorney made a conforming technical revision under
					 AS
					 44.62.125(b)(6), to the
					 authority citation that follows
					 15 AAC 20.310, so that the
					 citation to former
					 AS
					 43.20.065 now refers to the renumbered
					 statute, AS
					 43.20.142.
Authority:
AS
					 43.05.080
AS 43.19.010
AS 43.20.031
AS 43.20.040
AS 43.20.142
Art. IV, § 18,
Ak Const.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 3 - Corporate Net Income Tax; Combination and Apportionment Rules › 15 AAC 20.320 - Attribution of income

Current through May 31, 2024
(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."
Authority:
AS
					 43.05.080
AS 43.19.010
Art. IV, § 18,
Ak Const.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 3 - Corporate Net Income Tax; Combination and Apportionment Rules › 15 AAC 20.330 - Water's edge combined reporting method

Current through May 31, 2024
(a) A corporation,
				except a corporation required to be included in a return under
				AS
				43.20.144, must file a return under
				AS
				43.20.145 using the water's edge combined
				reporting method if that corporation is a member of an affiliated group as
				defined in
				15 AAC 20.335.
(b) A corporation that is a member of an
				affiliated group and that has nexus with the State of Alaska shall file a
				return under (a) of this section even if that corporation could not be included
				in the water's edge combined report of an affiliated corporation under
				AS
				43.20.145.
(c) A taxpayer required to file a water's
				edge return under
				AS
				43.20.145 shall instead file a worldwide
				combined return under
				AS
				43.20.142 if the department determines that
				the taxpayer has not
(1) complied with the
				domestic disclosure spreadsheet requirements of
				15 AAC 20.390;
(2) substantially complied with the
				requirements of
				15 AAC 20.330 -
				15 AAC 20.390; or
(3) provided, within 120 days after receipt
				of the department's request, the information necessary for the department to
				audit the taxpayer's return; the department will, in the department's
				discretion, extend the 120 day period for good cause as determined by the
				department.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 3 - Corporate Net Income Tax; Combination and Apportionment Rules › 15 AAC 20.335 - Affiliated group

Current through May 31, 2024
(a) For purposes of
				15 AAC 20.330 - 15 AAC 20.395, an
				affiliated group consists of two or more corporations in which 50 percent or
				more of the voting stock of one or more member corporations in the group is
				owned, directly or indirectly, by one or more corporate or noncorporate owners
				or by other members of the group. The group includes
(1) a corporate owner;
(2) any corporation with 50 percent or more
				of the voting stock that is directly or indirectly owned by one or more of
				those owners;
(3) any corporation
				with 50 percent or more of the voting stock that is directly or indirectly
				owned by the corporate or noncorporate owners or by one or more members of the
				group.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 3 - Corporate Net Income Tax; Combination and Apportionment Rules › 15 AAC 20.345 - Water's edge returns

Current through May 31, 2024
(a) A water's edge return filed under
				AS
				43.20.145 must separately identify the income
				and apportionment factors of each corporation included in the return. The
				corporations included in the return comprise the water's edge combined
				group.
(b) The income and
				apportionment factors of a corporation not included in the water's edge
				combined report must be excluded from the return filed under
				AS
				43.20.145.
(c) A water's edge combined report must
				include each corporation and each tax haven corporation that is part of the
				taxpayer's affiliated group and is part of the taxpayer's unitary
				business.
(d) A taxpayer claiming
				that an affiliated corporation meets the 80 percent foreign business
				requirements of Internal Revenue Code section 861(c) (26 U.S.C.
				861(c))  must provide proof
				of such treatment in the federal return.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former AS 43.20.073 as
					 AS
					 43.20.145. As of Register 204 (January 2013),
					 the regulations attorney made conforming technical revisions under
					 AS
					 44.62.125(b)(6), to
					 15 AAC 20.345, so that
					 cross-references to former AS 43.20.073 now refer to the renumbered statute,
					 AS
					 43.20.145. In addition, the regulations
					 attorney made a conforming technical revision to the authority citation that
					 follows 15 AAC 20.345, so that the
					 citation to former AS 43.20.073 now refers to the renumbered statute,
					 AS
					 43.20.145.
Authority:
AS
					 43.05.080
AS
					 43.20.145
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 3 - Corporate Net Income Tax; Combination and Apportionment Rules › 15 AAC 20.350 - Intercompany transactions

Current through May 31, 2024
(a) Income from
				intercompany transactions between members of the water's edge combined group
				shall be eliminated from the water's edge return.
(b) Income from transactions between a member
				of the water's edge combined group and a corporation outside the water's edge
				combined group, whether domestic or foreign, must be included in the water's
				edge return.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former AS 43.20.073 as
					 AS
					 43.20.145. As of Register 204 (January 2013),
					 the regulations attorney made a conforming technical revision under
					 AS
					 44.62.125(b)(6), to the
					 authority citation that follows
					 15 AAC 20.350, so that the
					 citation to former AS 43.20.073 now refers to the renumbered statute,
					 AS
					 43.20.145.
Authority:
AS
					 43.05.080
AS 43.19.010
AS 43.20.145
Art. IV, § 18,
Ak Const.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 3 - Corporate Net Income Tax; Combination and Apportionment Rules › 15 AAC 20.355 - Adjustments to intercompany transactions

Current through May 31, 2024
(a) The department
				will, in its discretion, adjust the transfer price of any goods or services
				transferred to or from a water's edge combined group corporation and an
				affiliate not in the water's edge combined group as follows:
(1) if the transferor corporation had more
				than 10 percent of its transfers during the tax year to nonaffiliated
				corporations, the department will, in its discretion, use the average price at
				which the goods or services were sold to nonaffiliated corporations;
				and
(2) if the transferor
				corporation had 10 percent or less of its transfers during the tax year to
				nonaffiliated corporations, the department will, in its discretion, require
				that the net income attributable to the transfers be apportioned to the
				transferor and the transferee based on book inventory costs.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 3 - Corporate Net Income Tax; Combination and Apportionment Rules › 15 AAC 20.360 - Records of intercompany transactions

Current through May 31, 2024
An affiliated corporation included in a taxpayer's water's
				  edge return shall maintain records of intercompany transactions. Upon
				  notification by the department of the department's intent to perform an audit
				  of the taxpayer, an affiliated corporation shall make available to the
				  department, within 120 days of notification, records sufficient to show the
				  following:
(1) for each transfer of
				goods or services between a corporation in the water's edge combined group and
				a corporation not in the water's edge combined group that was an affiliated
				corporation at any time during the tax year, the
(A) identity of the goods or services
				transferred, including the model number, description, property identification
				number, and account code, if applicable;
(B) number or amount of goods or services
				transferred;
(C) identity of the
				transferor and the transferee; and
(D) price and any other consideration for the
				transfer;
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 3 - Corporate Net Income Tax; Combination and Apportionment Rules › 15 AAC 20.375 - Income for the water's edge combined group

Current through May 31, 2024
(a) The total
				water's edge business income of the unitary business subject to apportionment
				is the federal taxable income of the water's edge combined group as determined
				under AS
				43.20.145(b) and
				15 AAC 20.300.
(b) Royalties and dividends not excluded from
				taxable income under
				AS
				43.20.145(b)(1) and (3)
				replace the attribution of expenses to the dividend and royalty income excluded
				under AS
				43.20.145 and are in lieu of any disallowance
				of expenses.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former AS 43.20.073 as
					 AS
					 43.20.145. As of Register 204 (January 2013),
					 the regulations attorney made conforming technical revisions under
					 AS
					 44.62.125(b)(6), to
					 15 AAC 20.375, so that
					 cross-references to former AS 43.20.073 now refer to the renumbered statute,
					 AS
					 43.20.145. In addition, the regulations
					 attorney made a conforming technical revision to the authority citation that
					 follows 15 AAC 20.375, so that the
					 citation to former AS 43.20.073 now refers to the renumbered statute,
					 AS
					 43.20.145.
Authority:
AS
					 43.05.080
AS
					 43.20.145
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 3 - Corporate Net Income Tax; Combination and Apportionment Rules › 15 AAC 20.380 - Factors assignable to locations within the United States

Current through May 31, 2024
In determining a corporation's payroll, property and sales
				  factors in the United States under
				  AS
				  43.20.145(a)(1) and (4), the
				  following rules apply:
(1) the rules
				for inclusion, value, and attribution of apportionment factors for the water's
				edge combined group must be determined under AS 43.19 and the regulations
				adopted under that chapter;
(2)
				when computing the apportionment factors of the water's edge combined group, an
				intercompany transaction between members of the group must be
				eliminated;
(3) a transaction
				between a member of the water's edge combined group and a corporation not
				included in the group must be included when determining apportionment factors;
				and
(4) the average of the factors
				is calculated under
				AS
				43.19.010, Article IV, except that each
				factor is determined by placing in the numerator the elements of the factor in
				the United States and by placing in the denominator the elements of the factor
				worldwide; if a corporation has no sales, property, or payroll, the average is
				determined by eliminating that factor or factors from the computation, and
				dividing by the remaining number of factors.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former AS 43.20.073 as
					 AS
					 43.20.145. As of Register 204 (January 2013),
					 the regulations attorney made a conforming technical revision under
					 AS
					 44.62.125(b)(6), to
					 15 AAC 20.380, so that the
					 cross-reference to former AS 43.20.073(a)(1) and (4) now refers to the
					 renumbered statute,
					 AS
					 43.20.145(a)(1) and (4). In
					 addition, the regulations attorney made a conforming technical revision to the
					 authority citation that follows
					 15 AAC 20.380, so that the
					 citation to former AS 43.20.073 now refers to the renumbered statute,
					 AS
					 43.20.145.
Authority:
AS
					 43.05.080
AS 43.19.010
AS 43.20.145
Art. IV, § 18,
Ak Const.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 3 - Corporate Net Income Tax; Combination and Apportionment Rules › 15 AAC 20.385 - Treatment of foreign dividends and royalties

Current through May 31, 2024
(a) Income from
				intercompany transactions, including the receipt or payment of dividends and
				royalties, among members of the water's edge combined group must be
				eliminated.
(b) Dividends and
				royalties received by members of the water's edge combined group from a
				corporation incorporated outside the United States that is not included in the
				water's edge combined return
(1) are business
				income if they are received from an affiliated corporation or meet the
				requirements of
				15 AAC 19.031; and
(2) must be included as business income of
				the water's edge combined group even if paid from earnings of years before the
				current tax year when the payors were members of the taxpayer's worldwide
				combined group.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 3 - Corporate Net Income Tax; Combination and Apportionment Rules › 15 AAC 20.390 - Domestic disclosure spreadsheet

Current through May 31, 2024
(a) For a return to
				be complete, a taxpayer shall submit within six months of the date of initial
				filing of a return under the water's edge reporting method, a copy of all
				domestic disclosure spreadsheets that included any member of the water's edge
				combined group filed in other states for the current tax year.
(b) The department will, in its discretion,
				require the filing of a domestic disclosure spreadsheet for Alaska tax purposes
				that contains the information the department considers necessary in order to
				evaluate audit potential or to perform an audit of the return. A spreadsheet
				required under this subsection must be filed within 120 days from the date that
				the department makes the request.
(c) A spreadsheet is complete when filed
				unless, within 180 days after the spreadsheet was filed, the department
				notifies the taxpayer that the spreadsheet requirements have not been met. This
				notice must be sent by certified mail and must inform the taxpayer why the
				spreadsheet is not complete. A taxpayer must correct the deficiencies in its
				spreadsheet within 120 days after receiving the notice of the deficiency. A
				taxpayer may file a written request for an extension of time with the
				department within 90 days after receiving the notice of deficiency. The request
				is filed on the date it is sent by certified mail to the department. The
				request for an extension of time must state the grounds for the request. The
				department will, in the department's discretion, extend the 120 day period for
				good cause as determined by the department.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former AS 43.20.073 as
					 AS
					 43.20.145. As of Register 204 (January 2013),
					 the regulations attorney made a conforming technical revision under AS 44.62.
					 125(b)(6), to the authority citation that follows
					 15 AAC 20.390, so that the
					 citation to former AS 43.20.073 now refers to the renumbered statute,
					 AS
					 43.20.145.
Authority:
AS
					 43.05.080
AS
					 43.20.145
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 4 - Corporate Net Income Tax; Special Rules for Oil and Gas Corporations › 15 AAC 20.410 - Corporations engaged in oil or gas production or pipeline transportation

Current through May 31, 2024
(a) A
				taxpayer doing business in this state, the unitary business of which derives
				gross income from a production interest in one or more leases or properties in
				commercial production that are within this state or the transportation of oil
				or gas or both by means of a regulated pipeline or pipeline system of which
				part or all is within this state, is subject to
				AS
				43.20.144.
(b) A taxpayer subject to
				AS
				43.20.144 shall apportion its business income
				in accordance with
				15 AAC 20.410 -
				15 AAC 20.520 even if that
				taxpayer does business only in this state and its apportionment factors equal
				one.
(c) The right under
				43 U.S.C.
				1606(i) and
				43 U.S.C.
				1606(j) (sections 7(i) and
				7(j) of the Alaska Native Claims Settlement Act) to share in revenue from oil
				or gas production from a regional Native corporation's land is not a production
				interest in that property and a corporation deriving income from oil and gas
				production solely by virtue of
				43 U.S.C.
				1606(i) and
				43 U.S.C.
				1606(j) is not made subject
				to provisions of AS 42.20.144 as a result of that income. However, income from
				43 U.S.C.
				1606(i) and
				43 U.S.C.
				1606(j) is subject to tax
				under applicable provisions of AS 43.19 and AS 43.20.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former AS 43.20.072 as
					 AS
					 43.20.144. As of Register 204 (January 2013),
					 the regulations attorney made conforming technical revisions under
					 AS
					 44.62.125(b)(6), to
					 15 AAC 20.410, so that
					 cross-references to former AS 43.20.072 now refer to the renumbered statute,
					 AS
					 43.20.144. In addition, the regulations
					 attorney made a conforming technical revision to the authority citation that
					 follows 15 AAC 20.410, so that the
					 citation to former AS 43.20.072 now refers to the renumbered statute,
					 AS
					 43.20.144.
Authority:
AS
					 43.05.080
AS 43.19.010
AS 43.20.040
AS 43.20.144
Art. IV, § 18,
Ak Const.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 4 - Corporate Net Income Tax; Special Rules for Oil and Gas Corporations › 15 AAC 20.421 - Apportionment of petroleum business income of a taxpayer subject to AS 4320144

Current through May 31, 2024
(a) A taxpayer that is subject to
				AS
				43.20.144, the unitary business of which is
				predominantly a petroleum business, shall apportion all unitary business income
				determined under
				AS
				43.20.144 to this state using the
				apportionment factor of the entire unitary business determined under
				AS
				43.20.144 and applicable
				regulations.
(b) If the unitary
				business of a taxpayer that is subject to
				43.20.144 is not predominantly a
				petroleum business, the taxpayer:
(1) shall
				segregate its business income determined under
				AS
				43.20.144 and apportion the petroleum
				business income of its unitary business to this state using the apportionment
				factor of the entire unitary business determined under
				AS
				43.20.144 and applicable regulations and
				shall apportion the other business income of its unitary business to this state
				using the apportionment factor of the entire unitary business determined under
				AS 43.19 and
				15 AAC 19.131 -
				15 AAC 19.900;
(2) shall apportion the general overhead and
				administrative expenses of its unitary business as a part of the taxpayer's
				other business income; and
(3) may,
				for assets of domestic corporations included in its combined report, depreciate
				assets used principally for its other business, using the methods employed for
				those assets for federal income tax purposes.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 4 - Corporate Net Income Tax; Special Rules for Oil and Gas Corporations › 15 AAC 20.422 - Transition rule for taxpayers subject to 43.20.144 for estimated tax payments for tax years beginning in calendar year 1998

Current through May 31, 2024
For purposes of calculating the estimated tax penalty,
				  Internal Revenue Code section 6655(d)(2) (26 U.S.C.
				  6655(d)(2))  does not apply
				  for the tax year beginning in calendar year 1998. This section applies to a
				  taxpayer that is subject to
				  AS
				  43.20.144 for the tax years beginning in
				  calendar year 1997 and 1998.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former AS 43.20.072 as
					 AS
					 43.20.144. As of Register 204 (January 2013),
					 the regulations attorney made conforming technical revisions under
					 AS
					 44.62.125(b)(6), to
					 15 AAC 20.422, so that
					 cross-references to former AS 43.20.072 now refer to the renumbered statute,
					 AS
					 43.20.144.
Authority:
AS
					 43.05.080
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 4 - Corporate Net Income Tax; Special Rules for Oil and Gas Corporations › 15 AAC 20.445 - Intangible drilling and development costs

Current through May 31, 2024
A taxpayer subject to
				  AS
				  43.20.144 shall capitalize, and depreciate
				  under 15 AAC 20.480, intangible drilling
				  and development costs that are not subject to capitalization and depletion in
				  the determination of federal taxable income as a result of an election under
				  Internal Revenue Code section 263(c) (26 U.S.C.
				  263(c)), including
				  intangible drilling and development costs subject to capitalization and
				  amortization under Internal Revenue Code sections 59(e), 291(b), and 312(n) (26 U.S.C.
				  59(e),
				  291(b), and
				  312(n)), but not
				  Internal Revenue Code section 263(i) (26 U.S.C.
				  263(i)). A taxpayer may
				  elect to capitalize, and depreciate under
				  15 AAC 20.480, intangible drilling
				  costs capitalized under Internal Revenue Code section 263(i) (26 U.S.C.
				  263(i))  and may make a
				  separate election for each group of combined corporations set out in
				  15 AAC 20.480(d).
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former AS 43.20.072 as
					 AS
					 43.20.144. As of Register 204 (January 2013),
					 the regulations attorney made a conforming technical revision under AS 44.62.
					 125(b)(6), to
					 15 AAC 20.445, so that the
					 cross-reference to former AS 43.20.072 now refers to the renumbered statute,
					 AS
					 43.20.144. In addition, the regulations
					 attorney made a conforming technical revision to the authority citation that
					 follows 15 AAC 20.445, so that the
					 citation to former AS 43.20.072 now refers to the renumbered statute,
					 AS
					 43.20.144.
Authority:
AS
					 43.05.080
AS
					 43.20.144
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 4 - Corporate Net Income Tax; Special Rules for Oil and Gas Corporations › 15 AAC 20.490 - Apportionment rules for oil and gas taxpayers

Current through May 31, 2024
The apportionment factor of a taxpayer subject to
				  AS
				  43.20.144 shall be determined based upon the
				  business activities of the taxpayer's unitary business conducted within this
				  state. Except as limited by
				  15 AAC 20.421, a taxpayer subject
				  to AS
				  43.20.144 shall apportion its business income
				  to this state by multiplying the taxpayer's business income by the
				  apportionment factor applicable to the taxpayer among the following
				  factors:
(1) the apportionment factor
				of a taxpayer subject to
				AS
				43.20.144 but whose unitary business is not
				engaged in the production of oil or gas from a lease or property in this state
				during the tax period is a fraction, the numerator of which is the sum of the
				property factor under
				15 AAC 20.500(b)
				and the sales factor under
				15 AAC 20.500(a)
				for the taxpayer for that tax period, and the denominator of which is
				two;
(2) the apportionment factor
				of a taxpayer subject to
				AS
				43.20.144 but whose unitary business is not
				engaged in the pipeline transportation of oil or gas in this state during the
				tax period is a fraction, the numerator of which is the sum of the property
				factor under
				15 AAC 20.500(b)
				and the extraction factor under
				15 AAC 20.500(c)
				for the taxpayer for the tax period, and the denominator of which is
				two;
(3) the apportionment factor
				of a taxpayer subject to
				AS
				43.20.144 whose unitary business is engaged
				both in the production of oil or gas from a lease or property in this state and
				in the pipeline transportation of oil or gas in this state during the tax
				period is a fraction, the numerator of which is the sum of the sales factor
				under 15 AAC 20.500(a),
				the property factor under
				15 AAC 20.500(b)
				and the extraction factor under
				15 AAC 20.500(c)
				for the taxpayer for the tax period, and the denominator of which is
				three.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former AS 43.20.072 as
					 AS
					 43.20.144. As of Register 204 (January 2013),
					 the regulations attorney made conforming technical revisions under
					 AS
					 44.62.125(b)(6), to
					 15 AAC 20.490, so that
					 cross-references to former AS 43.20.072 now refer to the renumbered statute,
					 AS
					 43.20.144. In addition, the regulations
					 attorney made a conforming technical revision to the authority citation that
					 follows 15 AAC 20.490, so that the
					 citation to former AS 43.20.072 now refers to the renumbered statute,
					 AS
					 43.20.144.
Authority:
AS
					 43.05.080
AS
					 43.20.144
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 4 - Corporate Net Income Tax; Special Rules for Oil and Gas Corporations › 15 AAC 20.500 - Sales, property and extraction factors

Current through May 31, 2024
(a) The sales
				factor of a taxpayer subject to
				AS
				43.20.144 is a fraction
(1) the numerator of which is the sum of the
				following for the tax period:
(A) the tariffs
				allowed and received by or for the taxpayer for transporting oil or gas by
				pipeline in this state, regardless of whether the tariffs are paid by third
				parties or by entities within the taxpayer's unitary business; and
(B) the total sales of the taxpayer's unitary
				business in this state determined in accordance with the Multistate Tax Compact
				(AS 43.19), but excluding those sales already included in the tariffs described
				in (A) of this paragraph; and
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 4 - Corporate Net Income Tax; Special Rules for Oil and Gas Corporations › 15 AAC 20.510 - Records

Current through May 31, 2024
The taxpayer shall maintain the records necessary to verify
				  the accuracy of computations under AS 43.20, including but not limited to:
				  depreciable basis, depreciation expense, cumulative intangible drilling and
				  development costs, petroleum business income, other business income, and
				  conversion of financial statement income to taxable income. These records are
				  subject to review by the department.
Authority:
AS
					 43.05.080
AS
					 43.80.010
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 4 - Corporate Net Income Tax; Special Rules for Oil and Gas Corporations › 15 AAC 20.520 - Relief

Current through May 31, 2024
If the methods of allocation and apportionment in this
				  chapter do not fairly represent the extent of a corporation's business activity
				  in the state, the corporation may petition for or the department may require,
				  in respect to all or any part of the corporation's business activity, if
				  reasonable, the employment of any method authorized under art. IV, sec. 18, of
				  the Multistate Tax Compact (AS 43.19.010)  to
				  effectuate an equitable allocation and apportionment of the corporation's
				  income. If a taxpayer can demonstrate or the department determines that a
				  distortion of income apportioned to the state has arisen, the taxpayer may
				  request, or the department will, in its discretion, require, that the
				  apportionment formula in
				  AS
				  43.20.144 and
				  15 AAC 20.490 be modified to
				  provide appropriate relief under the circumstances.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former AS 43.20.072 as
					 AS
					 43.20.144. As of Register 204 (January 2013),
					 the regulations attorney made a conforming technical revision under
					 AS
					 44.62.125(b)(6), to
					 15 AAC 20.520, so that the
					 cross-reference to former AS 43.20.072 now refers to the renumbered statute,
					 AS
					 43.20.144. In addition, the regulations
					 attorney made a conforming technical revision to the authority citation that
					 follows 15 AAC 20.520, so that the
					 citation to former AS 43.20.072 now refers to the renumbered statute,
					 AS
					 43.20.144.
Authority:
AS
					 43.05.080
AS 43.19.010
AS 43.20.144
Art. IV, § 18
Ak Const.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 4 - Corporate Net Income Tax; Special Rules for Oil and Gas Corporations › 15 AAC 20.540 - Calculation of tax for taxpayers subject to AS 43.20.144 and 43.20.145 in a tax year

Current through May 31, 2024
A taxpayer, whose unitary business begins or ceases the oil
				  and gas activities described in
				  AS
				  43.20.144(a) in a tax year,
				  is subject to both
				  AS
				  43.20.144 and
				  AS
				  43.20.145 during the transition year and
				  shall calculate tax for that year as follows:
(1) the taxpayer shall determine income that
				is subject to tax at ordinary rates before any net operating loss deduction by
				adding
(A) taxable income under
				AS
				43.20.145, for the entire tax year,
				multiplied by a ratio, the numerator of which is the number of days the
				taxpayer was subject to
				AS
				43.20.145 and the denominator of which is the
				number of days in the tax year; and
(B) taxable income under
				AS
				43.20.144 for the entire tax year, multiplied
				by a ratio, the numerator of which is the number of days the taxpayer was
				subject to
				AS
				43.20.144 and the denominator of which is the
				number of days in the tax year;
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 6 - Corporate Net Income Tax; Special Rules for Financial Organizations and for Other Taxpayers with Tax-exempt Income › 15 AAC 20.600 - Financial organization income

Current through May 31, 2024
A financial organization that has income from sources both
				  inside and outside the state must apportion the income among the states in
				  which the business is conducted in accordance with the property, payroll, and
				  sales apportionment factors set out in AS 43.19 and in 15 AAC 19 and this
				  chapter, except as modified by
				  15 AAC 20.610.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former
					 AS
					 43.20.065 as
					 AS
					 43.20.142. As of Register 204 (January 2013),
					 the regulations attorney made a conforming technical revision under
					 AS
					 44.62.125(b)(6), to the
					 authority citation that follows
					 15 AAC 20.600, so that the
					 citation to former
					 AS
					 43.20.065 now refers to the renumbered
					 statute, AS
					 43.20.142.
Authority:
AS
					 43.05.080
AS 43.19.010
AS 43.20.031
AS 43.20.142
AS 43.20.160
Art. IV, § 18,
Ak Const.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 6 - Corporate Net Income Tax; Special Rules for Financial Organizations and for Other Taxpayers with Tax-exempt Income › 15 AAC 20.620 - Exempt income and related expenses

Current through May 31, 2024
(a) Expenses
				incurred in acquiring, maintaining, and disposing of tax-exempt assets,
				including interest expense, may not be deducted in computing taxable
				income.
(b) For a taxpayer that is
				a member of a group of unitary corporations, "expenses" and "tax-exempt assets"
				in (a) of this section mean the expenses and tax-exempt assets of the
				taxpayer's combined group.
(c) For
				a taxpayer that is a member of a consolidated group that files a consolidated
				return, "expenses" and "tax-exempt assets" in (a) of this section mean the
				expenses and tax-exempt assets of the taxpayer's consolidated group.
Authority:
AS
					 43.05.080
AS 43.20.021
AS
					 43.20.160
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 6 - Corporate Net Income Tax; Special Rules for Financial Organizations and for Other Taxpayers with Tax-exempt Income › 15 AAC 20.680 - Applicability

Current through May 31, 2024
15 AAC 20.600 -
				  15 AAC 20.620 and
				  15 AAC 20.920 apply to the 1984
				  taxable year and subsequent years.
Authority:
AS
					 43.05.080
AS 43.20.030
AS
					 43.20.031
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 9 - General Provisions › 15 AAC 20.900 - Definitions

Current through May 31, 2024
(a) In AS 43.20 and this chapter,
(1) "combined method of reporting" means an
				accounting method used to determine the income attributable to activities in
				the state of a taxpayer that is a member of a group of corporations conducting
				a unitary business; the use of this method requires that information relating
				to the worldwide unitary income and the denominators of the apportionment
				factors of all related nexus and non-nexus entities that are members of the
				unitary group be reported as part of the taxpayer's return; this method is
				sometimes referred to as the "combined method of accounting;"
(2) "department" means the Department of
				Revenue;
(3) "does business in" is
				a nexus standard and includes owning or operating business facilities or
				property, conducting business activities, being a member of a partnership that
				transacts business, or any other activity from which income is realized or
				derived;
(4) "domestic corporation"
				has the meaning given to it by Internal Revenue Code section 7701(a) (26
				U.S.C. 7701(a));
(5) "federal taxable income" is income
				subject to apportionment under
				15 AAC
				20.300;
(6) "financial statement" means a statement
				of income, expenses, assets, liabilities, and stockholders' equity, certified
				by an independent certified public accountant (or as appropriate, the foreign
				counterpart of a certified public accountant, such as a chartered accountant),
				and prepared for the purposes of reporting that year's earnings and profits to
				the stockholders;
(7) "state" means
				any state of the United States, the District of Columbia, and Commonwealth of
				Puerto Rico, any territory or possession of the United States, and any foreign
				country or political subdivision thereof;
(8) "taxpayer" means a corporation subject to
				AS 43.20;
(9) "United States" means
				the fifty states, the District of Columbia, the Commonwealth of Puerto Rico,
				and possessions of the United States.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 9 - General Provisions › 15 AAC 20.920 - Definitions for 15 AAC 20.600 - 15 AAC 20.680

Current through May 31, 2024
For purposes of
				  15 AAC 20.600 -
				  15 AAC 20.680
(1) "commercial domicile" means the principal
				place from which a trade or business is directed or managed;
(2) "financial organization" means an
				organization engaged in monetary, lending, or investment activities, and
				includes banks, savings and loan associations, credit unions, and trust, safe
				deposit, small loan, sales finance, investment, credit card, and real estate
				mortgage companies;
(3) "loan"
				means an extension of credit by financial organization to another person or
				entity and includes real estate mortgages, collateralized debts, leases that
				are essentially financing arrangements, personal notes, and credit card
				borrowings;
(4) "receipts" means
				gross income derived from the taxpayer's business transactions and activities,
				but does not include
(A) money received for
				custody;
(B) principal repayments
				or amounts received for the purchase of principal;
(C) gross proceeds or net proceeds from the
				sales of assets; and
(D) gross
				receipts from tax-exempt income;
Alaska Administrative Code › Title 15 - Revenue › Chapter 23 - Alaska Permanent Fund Dividend › Article 1 - Permanent Fund Dividend Program › 15 AAC 23.103 - Application generally

Current through May 31, 2024
(a) An individual must use a form prescribed
				by the department to apply for a dividend. An application signed, delivered, or
				postmarked before the application period begins is not a valid application. A
				prescribed application form must be received by the department or postmarked
				during the application period set by
				AS
				43.23.011 to be considered timely filed. An
				application mailed before, but postmarked after, the end of the application
				period is not timely filed. If the envelope in which the application was mailed
				bears both a private meter stamp and a United States Postal Service or foreign
				postal service postmark, the department will disregard the meter stamp and use
				the postal service postmark to determine timely filing.
(b) An application may be made on behalf of
				an individual after that individual has died only if the
(1) individual died
(A) after the 180-day period of time in the
				qualifying year as specified in
				AS
				43.23.005(h); in order to be
				eligible for purposes of43.23.005(h) and
				this subparagraph, the death certificate for the individual who has died must
				reflect the 181st calendar day or later of the qualifying year as announced by
				the department; or
(B) during the
				period of time specified in
				AS
				43.23.011; or
Alaska Administrative Code › Title 15 - Revenue › Chapter 23 - Alaska Permanent Fund Dividend › Article 1 - Permanent Fund Dividend Program › 15 AAC 23.113 - Application on behalf of a child

Current through May 31, 2024
(a) An application
				for a dividend filed on behalf of a child must comply with the requirements of
				15 AAC 23.103.
(b) A child who otherwise qualifies is
				eligible to receive a dividend if the child is
(1) in the lawful and physical custody of an
				individual who meets the requirements of a sponsor under (c)(1) of this section
				and who
(A) is eligible for the dividend or
				would have been eligible for the dividend had the sponsor filed timely;
(B) was ineligible for the
				dividend due to
				AS
				43.23.005(d) or due to
				having forfeited the dividend under
				AS
				43.23.035(a) or (c); or
(C) is a minor parent filing on
				behalf of that parent's own minor child;
Alaska Administrative Code › Title 15 - Revenue › Chapter 23 - Alaska Permanent Fund Dividend › Article 1 - Permanent Fund Dividend Program › 15 AAC 23.123 - Application on behalf of a disabled, incompetent, or other adult

Current through May 31, 2024
(a) An application
				for a dividend filed on behalf of another adult must comply with the
				requirements of
				15 AAC 23.103.
(b) An application for a dividend may be
				filed on behalf of a disabled adult only by the disabled adult's spouse,
				parent, legal guardian, or other authorized representative. Medical
				documentation regarding the disability must be provided with the disabled
				individual's application.
(c) An
				application for a dividend may be filed on behalf of an incompetent adult only
				by the incompetent adult's parent, guardian, or conservator appointed under AS
				13.26 or under other similar provision of law of this state or of another
				jurisdiction.
(d) An individual, to
				whom a power of attorney has been granted, may file an application for a
				dividend on behalf of an adult, if the power of attorney is a general power of
				attorney or the power of attorney specifically authorizes the individual to
				file a dividend application on the adult's behalf.
(e) Evidence of the authority of the
				individual applying on behalf of an adult under (b), (c), or (d) of this
				section must be attached to the application, and the circumstances requiring
				the signature by someone other than the applicant must be clearly set out and
				explained. The individual making application on behalf of another adult must
				certify to the facts underlying the adult's eligibility for a dividend and must
				sign the application on behalf of the adult.
Authority:
AS
					 43.23.015
AS
					 43.23.055
Alaska Administrative Code › Title 15 - Revenue › Chapter 23 - Alaska Permanent Fund Dividend › Article 1 - Permanent Fund Dividend Program › 15 AAC 23.133 - Application for a prior year dividend

Current through May 31, 2024
(a) Except as
				provided in (b) - (e) of this section, application for a prior year dividend
				will be denied by the department.
(b) An individual who has reached majority,
				or who is an emancipated minor, may apply to the department for a prior year
				dividend if
(1) the individual had not reached
				majority by the end of the application period for the dividend year for which
				the individual is applying;
(2) a
				complete application was not filed by an eligible sponsor on the individual's
				behalf, was not timely filed, or, solely as a result of competing applications
				being filed, was not paid; and
(3)
				the individual would have qualified for a dividend had an eligible sponsor
				applied on the individual's behalf during the pertinent dividend
				year.
Alaska Administrative Code › Title 15 - Revenue › Chapter 23 - Alaska Permanent Fund Dividend › Article 1 - Permanent Fund Dividend Program › 15 AAC 23.143 - Establishing and maintaining Alaska residency

Current through May 31, 2024
(a) An individual's
				intent to establish residency, remain indefinitely in Alaska, or to return to
				Alaska and remain indefinitely is demonstrated through the establishment and
				maintenance of customary ties indicative of Alaska residency and the absence of
				those ties elsewhere. Acts that are required by law or contract or are
				routinely performed by temporary residents of Alaska are not by themselves
				evidence of residency. In evaluating whether an individual claiming Alaska
				residency has demonstrated an intent to remain indefinitely in Alaska, the
				department will consider whether or not an individual has:
(1) taken steps to establish Alaska residency
				and sever residency in a previous state or country;
(2) ties to another state or country that
				indicate continued residency in the other state or country; and
(3) taken other action during the qualifying
				year, through the date of application, that is inconsistent with an intent to
				remain in Alaska indefinitely.