15-31-323. Apportionment factors -- inclusion of tax havens. (1) For purposes of 15-31-322(1)(a) through (1)(e), the location of payroll and property is determined under the individual state's laws and regulations that set forth the apportionment formulas used to assign net income subject to taxes on or measured by net income. If a state does not impose a tax on or measured by net income, apportionment is determined under this chapter.
(2) For the purposes of 15-31-322(1)(f), income shifted to a tax haven, to the extent taxable, is considered income subject to apportionment.
History: En. Sec. 3, Ch. 616, L. 1987; amd. Sec. 4, Ch. 521, L. 2003.
Structure Montana Code Annotated
Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax
Part 3. Allocation and Apportionment of Income
15-31-301. Corporations subject to allocation and apportionment
15-31-303. When taxable in another state
15-31-304. Allocation of nonapportionable income
15-31-305. Apportionment of apportionable income
15-31-306. Definition of property factor
15-31-307. Values used for property factor
15-31-308. Definition of payroll factor
15-31-309. Payroll factor for compensation in this state
15-31-310. Definition of receipts factor
15-31-311. Receipts factor for receipts in this state
15-31-312. Apportionment formula -- unitary business provisions
15-31-314. through 15-31-320 reserved
15-31-322. Water's-edge election -- inclusion of tax havens
15-31-323. Apportionment factors -- inclusion of tax havens
15-31-324. Water's-edge election period -- consent -- change of election
15-31-325. Treatment of dividends
15-31-326. Domestic disclosure spreadsheet -- inclusion of tax havens