(a) [See delayed amendment note.] The tax imposed by this chapter does not
(1) apply to an individual;
(2) apply to a fiduciary;
(3) for a tax year beginning after December 31, 2012, apply to an Alaska corporation that is a qualified small business and that meets the active business requirement in 26 U.S.C. 1202(e) as that subsection read on January 1, 2012;
(4) for a tax year beginning after June 30, 2007, apply to the income received by a regional association qualified under AS 16.10.380 or nonprofit corporation holding a hatchery permit under AS 16.10.400 from the sale of salmon or salmon eggs under AS 16.10.450 or from a cost recovery fishery under AS 16.10.455; or
(5) apply to income received by a nonprofit corporation holding a permit under AS 16.12.010 from the sale of shellfish under AS 16.12.080 or from a cost recovery fishery under AS 16.12.090.
(b) An individual may file a return under this chapter in order to receive a tax credit under AS 43.20.013.
(c) [See delayed repeal note.] For the purposes of (a)(3) of this section,
(1) whether a corporation qualifies under (a)(3) of this section shall be determined on the first day of the tax year for which the corporation claims it qualifies under (a)(3) of this section;
(2) all corporations that are members of the same parent-subsidiary controlled group shall be treated as one corporation.
(d) [See delayed repeal note.] In this section,
(1) “Alaska corporation” means a corporation that has been incorporated in the state or is authorized to do business in the state;
(2) “parent-subsidiary controlled group” has the meaning given in 26 U.S.C. 1202 as that section read on January 1, 2012;
(3) “qualified small business” has the meaning given in 26 U.S.C. 1202 as that section read on January 1, 2012, and does not include a construction, transportation, utility, or fisheries business.
Structure Alaska Statutes
Title 43. Revenue and Taxation
Chapter 20. Alaska Net Income Tax Act
Article 1. Persons Subject to Tax; Returns and Payment; Credits.
Sec. 43.20.011. Tax on corporations.
Sec. 43.20.012. Limitation on application of chapter; credits.
Sec. 43.20.013. Individual tax credits.
Sec. 43.20.014. Income tax education credit. [See delayed repeal note.]
Sec. 43.20.021. Internal Revenue Code adopted by reference.
Sec. 43.20.030. Returns and payment of taxes.
Sec. 43.20.031. Deduction of taxes; consolidated returns; accounting methods.
Sec. 43.20.036. Federal tax deductions and credits.
Sec. 43.20.040. Income from sources in the state.
Sec. 43.20.042. Special industrial incentive investment tax credits.
Sec. 43.20.044. Exploration credits.
Sec. 43.20.046. Gas storage facility tax credit.
Sec. 43.20.047. Liquefied natural gas storage facility tax credit.
Sec. 43.20.048. Veteran employment tax credit.
Sec. 43.20.049. Qualified oil and gas service industry expenditure credit.
Sec. 43.20.053. Qualified in-state oil refinery infrastructure expenditures tax credit.