SB45,856,2421 71.17 (6) Funeral trusts. If a qualified funeral trust makes the election under
22section 685 of the Internal Revenue Code for federal income tax purposes, that
23election applies for purposes of this chapter and each trust shall compute its own tax
24and shall apply the rates under s. 71.06 (1) and, (1m), (1n) or (1p).
SB45, s. 1723 25Section 1723. 71.23 (3) (d) of the statutes is created to read:
SB45,857,5
171.23 (3) (d) The storage for any length of time in this state in or on property
2owned by a person other than the foreign corporation of its tangible personal
3property and the transfer of possession to another person in this state when the
4tangible personal property is for fabricating, processing, manufacturing or printing
5by that other person in this state.
SB45, s. 1724 6Section 1724. 71.25 (5) (a) (intro.) of the statutes is amended to read:
SB45,857,127 71.25 (5) (a) Apportionable income. (intro.) Except as provided in sub. (6),
8corporations engaged in business both within and without this state are subject to
9apportionment. Income, gain or loss from the sources listed in this paragraph is
10presumed apportionable.
Apportionable income includes all income or loss of
11corporations, other than nonapportionable income as specified in par. (b), including,
12but not limited to,
income, gain or loss from the following sources:
SB45, s. 1725 13Section 1725. 71.25 (5) (a) 9. of the statutes is amended to read:
SB45,857,2214 71.25 (5) (a) 9. Interest and dividends if the operations of the payer are unitary
15with those of the payee, or if those operations are not unitary but the investment
16activity from which that income is derived is an integral part of a unitary business
17and the payer and payee are neither affiliates nor related as parent company and
18subsidiary. In this subdivision, "investment activity" includes decision making
19relating to the purchase and sale of stocks and other securities, investing surplus
20funds and the management and record keeping associated with corporate
21investments, not including activities of a broker or other agent in maintaining an
22investment portfolio
.
SB45, s. 1726 23Section 1726. 71.25 (5) (a) 10. of the statutes is amended to read:
SB45,858,424 71.25 (5) (a) 10. Sale of intangible assets if the operations of the company in
25which the investment was made were unitary with those of the investing company,

1or if those operations were not unitary but the investment activity from which that
2gain or loss was derived is an integral part of a unitary business and the companies
3were neither affiliates nor related as parent company and subsidiary. In this
4subdivision, "investment activity" has the meaning given under subd. 9
.
SB45, s. 1727 5Section 1727. 71.25 (5) (b) 1. of the statutes is renumbered 71.25 (5) (b).
SB45, s. 1728 6Section 1728. 71.25 (5) (b) 2. of the statutes is repealed.
SB45, s. 1729 7Section 1729. 71.25 (6) of the statutes is amended to read:
SB45,859,48 71.25 (6) Allocation and separate accounting and apportionment formula.
9Corporations engaged in business within and without the state shall be taxed only
10on such income as is derived from business transacted and property located within
11the state. The amount of such income attributable to Wisconsin may be determined
12by an allocation and separate accounting thereof, when the business of such
13corporation within the state is not an integral part of a unitary business, but the
14department of revenue may permit an allocation and separate accounting in any case
15in which it is satisfied that the use of such method will properly reflect the income
16taxable by this state. In all cases in which allocation and separate accounting is not
17permissible, the determination shall be made in the following manner: for all
18businesses except financial organizations, public utilities, railroads, sleeping car
19companies, car line companies and corporations or associations that are subject to
20a tax on unrelated business income under s. 71.26 (1) (a) there shall first be deducted
21from the total net income of the taxpayer the part thereof (less related expenses, if
22any) that follows the situs of the property or the residence of the recipient. The For
23taxable years beginning before January 1, 2000, the
remaining net income shall be
24apportioned to Wisconsin this state by use of an apportionment fraction composed
25of a sales factor under sub. (9) representing 50% of the fraction, a property factor

1under sub. (7) representing 25% of the fraction and a payroll factor under sub. (8)
2representing 25% of the fraction. For taxable years beginning on or after January
31, 2000, the remaining net income shall be apportioned to this state by use of an
4apportionment fraction composed of the sales factor under sub. (9).
SB45, s. 1730 5Section 1730. 71.25 (7) (intro.) of the statutes is amended to read:
SB45,859,76 71.25 (7) Property factor. (intro.) For purposes of sub. (5) and for taxable
7years beginning before January 1, 2000
:
SB45, s. 1731 8Section 1731. 71.25 (8) (intro.) of the statutes is amended to read:
SB45,859,109 71.25 (8) Payroll factor. (intro.) For purposes of sub. (5) and for taxable years
10beginning before January 1, 2000
:
SB45, s. 1732 11Section 1732. 71.25 (9) (d) of the statutes is amended to read:
SB45,859,2012 71.25 (9) (d) Sales, other than sales of tangible personal property, are in this
13state if the income-producing activity is performed in this state. If the
14income-producing activity is performed both in and outside this state the sales shall
15be divided between those states having jurisdiction to tax such business in
16proportion to the direct costs of performance incurred in each such state in rendering
17this service. Services performed in states which do not have jurisdiction to tax the
18business shall be deemed to have been performed in the state to which compensation
19is allocated by sub. (8). This paragraph does not apply to taxable years beginning
20after December 31, 1999.
SB45, s. 1733 21Section 1733. 71.25 (9) (dc) of the statutes is created to read:
SB45,859,2522 71.25 (9) (dc) For taxable years beginning after December 31, 1999, sales,
23rents, royalties, and other income from real property, and the receipts from the lease
24or rental of tangible personal property are attributed to the state in which the
25property is located.
SB45, s. 1734
1Section 1734. 71.25 (9) (dg) of the statutes is created to read:
SB45,860,62 71.25 (9) (dg) For taxable years beginning after December 31, 1999, receipts
3from the lease or rental of moving property including but not limited to motor
4vehicles, rolling stock, aircraft, vessels, or mobile equipment are included in the
5numerator of the sales factor under par. (a) to the extent that the property is used
6in this state. The use of moving property in this state is determined as follows:
SB45,860,87 1. A motor vehicle is used in this state if it is registered in this state and used
8wholly in this state.
SB45,860,129 2. The use of rolling stock in this state is determined by multiplying the receipts
10from the lease or rental of the rolling stock by a fraction having as a numerator the
11miles traveled within this state by the leased or rented rolling stock and having as
12a denominator the total miles traveled by the leased or rented rolling stock.
SB45,860,1613 3. The use of an aircraft in this state is determined by multiplying the receipts
14from the lease or rental of the aircraft by a fraction having as a numerator the
15number of landings of the aircraft in this state and having as a denominator the total
16number of landings anywhere of the aircraft.
SB45,860,2217 4. The use of a vessel, mobile equipment or other mobile property in this state
18is determined by multiplying the receipts from the lease or rental of the property by
19a fraction having as a numerator the number of days in the taxable year that the
20vessel, mobile equipment or other mobile property was in this state and having as
21a denominator the number of days in the taxable year that the vessel, mobile
22equipment or other mobile property was rented or leased.
SB45, s. 1735 23Section 1735. 71.25 (9) (dn) of the statutes is created to read:
SB45,861,1024 71.25 (9) (dn) 1. For taxable years beginning after December 31, 1999, royalties
25and other income received for the use of intangible property are attributed to the

1state where the purchaser uses the intangible property. If intangible property is used
2in more than one state, the royalties and other income received for the use of the
3intangible property shall be apportioned to this state according to the portion of the
4intangible property's use in this state. If the portion of intangible property's use in
5this state cannot be determined, the royalties and other income received for the use
6of intangible property shall be excluded from the numerator and the denominator of
7the sales factor under par. (a). Intangible property is used in this state if a purchaser
8uses the intangible property or uses the rights to intangible property in the regular
9course of the purchaser's business in this state, regardless of where the purchaser's
10customers are located.
SB45,861,2011 2. For taxable years beginning after December 31, 1999, sales of intangible
12property are attributed to the state where a purchaser uses the intangible property.
13If intangible property is used in more than one state, the sales of the intangible
14property shall be apportioned to this state according to the portion of the intangible
15property's use in this state. If the portion of intangible property's use in this state
16cannot be determined, the sales of the intangible property shall be excluded from the
17numerator and the denominator of the sales factor under par. (a). Intangible
18property is used in this state if a purchaser uses the intangible property in the
19regular course of the purchaser's business in this state, regardless of where the
20purchaser's customers are located.
SB45, s. 1736 21Section 1736. 71.25 (9) (dr) of the statutes is created to read:
SB45,862,722 71.25 (9) (dr) For taxable years beginning after December 31, 1999, receipts
23from the performance of services are attributed to the state where the purchaser
24received the benefit of the services. If a purchaser receives the benefit of a service
25in more than one state, the receipts from the performance of the service are included

1in the numerator of the sales factor under par. (a) according to the portion of the
2benefit of the service received in this state. If the state where a purchaser received
3the benefit of a service cannot be determined, the benefit of a service is received in
4the state where the purchaser, in the regular course of the purchaser's business,
5ordered the service. If the state where a purchaser ordered a service cannot be
6determined, the benefit of the service is received in the state where the purchaser,
7in the regular course of the purchaser's business, receives a bill for the service.
SB45, s. 1737 8Section 1737. 71.25 (9) (e) (title) of the statutes is repealed.
SB45, s. 1738 9Section 1738. 71.25 (9) (f) (title) of the statutes is repealed.
SB45, s. 1739 10Section 1739. 71.255 of the statutes is created to read:
SB45,862,11 1171.255 Combined reporting. (1) Definitions. In this section:
SB45,862,1212 (a) "Affiliated group" means any of the following:
SB45,862,1813 1. A parent corporation and any corporation or chain of corporations that are
14connected to the parent corporation by ownership by the parent corporation if the
15parent corporation owns stock representing at least 50% of the voting stock of at least
16one of the connected corporations or if the parent corporation or any of the connected
17corporations owns stock that cumulatively represents at least 50% of the voting stock
18of each of the connected corporations.
SB45,862,2019 2. Any 2 or more corporations if a common owner owns stock representing at
20least 50% of the voting stock of the corporations or the connected corporations.
SB45,862,2421 3. A partnership, limited liability company or tax-option corporation if a
22parent corporation or any corporation connected to the parent corporation by
23common ownership owns shares representing at least 50% of the shares of the
24partnership, limited liability company or tax-option corporation.
SB45,863,2
14. Any 2 or more corporations if stock representing at least 50% of the voting
2stock in each corporation are interests that cannot be separately transferred.
SB45,863,73 5. Any 2 or more corporations if stock representing at least 50% of the voting
4stock is directly owned by, or for the benefit of, family members. In this subdivision,
5"family members" means an individual or a spouse related by blood, marriage or
6adoption within the 2nd degree of kinship as computed under s. 852.03 (2), 1995
7stats.
SB45,863,118 (b) "Combined report" means a form prescribed by the department that shows
9the calculations under this section to divide the income of an affiliated group
10conducting a unitary business among the jurisdictions where the affiliated group
11conducts its trade or business.
SB45,863,1212 (c) "Corporation" has the meaning given in s. 71.22 (1) or 71.42 (1).
SB45,863,1313 (d) "Department" means the department of revenue.
SB45,863,1714 (e) "Intercompany transaction" means a transaction between corporations,
15partnerships, limited liability companies or tax-option corporations that become
16members of the same affiliated group that is engaged in a unitary business
17immediately after the transaction.
SB45,863,1918 (f) "Partnership" means any entity considered a partnership under section
197701 of the Internal Revenue Code.
SB45,864,320 (g) "Unitary business" means 2 or more businesses that have common
21ownership or are integrated with or dependent upon each other. Two or more
22businesses are presumed to be a unitary business if the businesses have centralized
23management or a centralized executive force; centralized purchasing, advertising or
24accounting; intercorporate sales or leases; intercorporate services; intercorporate
25debts; intercorporate use of proprietary materials; interlocking directorates or

1interlocking corporate officers; or if a business conducted in this state is owned by
2a person that conducts a business entirely outside of this state that is different from
3the business conducted in this state.
SB45,864,13 4(2) Corporations required to use combined reporting. A corporation that is
5subject to tax under s. 71.23 (1) or (2) or 71.43, that is a member of an affiliated group
6and that is engaged in a unitary business with one or more members of the affiliated
7group shall compute the corporation's income using the combined reporting method
8under this section. Any corporation, regardless of the country where the corporation
9is organized or incorporated or conducts business, and any tax-option corporation,
10if the department determines that combined reporting is necessary to accurately
11report the income of the tax-option corporation apportioned to this state, shall file
12a combined report if the corporation is a member of an affiliated group that is
13engaged in a unitary business.
SB45,865,2 14(3) Accounting period. For purposes of this section, the income under ss.
1571.26, 71.34 and 71.45, the apportionment factors under ss. 71.25 and 71.45 and the
16tax credits under ss. 71.28 and 71.47 of all corporations that are members of an
17affiliated group and that are engaged in a unitary business shall be determined by
18using the same accounting period. If the affiliated group that is engaged in a unitary
19business has a common parent corporation, the accounting period of the common
20parent corporation shall be used to determine the income, the apportionment factors
21and the tax credits of all the corporations that are members of the affiliated group
22that is engaged in a unitary business. If the affiliated group that is engaged in a
23unitary business has no common parent corporation, the income, the apportionment
24factors and the tax credits of the affiliated group that is engaged in a unitary business

1shall be determined using the accounting period of the member of the affiliated group
2that has the most significant operations on a recurring basis in this state.
SB45,865,12 3(4) Filing returns. (a) Corporations with the same accounting period.
4Corporations that must file a return under this section and that have the same
5accounting period may file a combined report under par. (c) that reports the
6aggregate state franchise or state income tax liability of all of the members of the
7affiliated group that are engaged in a unitary business. Corporations that are
8required to file a combined report under this section may file separate returns
9reporting the respective apportionment of the corporation's state franchise or state
10income tax liability as determined under the combined reporting method, if each
11corporation filing a separate return pays its own apportionment of its state franchise
12or state income tax liability.
SB45,866,213 (b) Corporations with different accounting periods. Corporations that are
14required to file a combined report and that have different accounting periods shall
15use the actual figures from the corporations' financial records to determine the
16proper income and income-related computations to convert to a common accounting
17period. Corporations that are required to file a combined report may use a
18proportional method to convert income to a common accounting period if the results
19of the proportional method do not materially misrepresent the income apportioned
20to this state. The apportionment factors under ss. 71.25 and 71.45 and the tax credits
21under ss. 71.28 and 71.47 shall be computed according to the same method used to
22determine the income under ss. 71.26, 71.34 and 71.45 for the common accounting
23period. If a corporation performs an interim closing of its financial records to
24determine the income attributable to the common accounting period, the actual

1figures from the interim closing shall be used to convert the apportionment factors
2to the common accounting period.
SB45,867,23 (c) Designated agent. If corporations that are subject to this section file a
4combined report under par. (a), the parent corporation of the affiliated group shall
5be the sole designated agent for each member of the affiliated group including the
6parent corporation. The designated agent shall file the combined report under par.
7(a), shall file for any extensions under s. 71.24 (7) or 71.44 (3), shall file amended
8reports and claims for refund or credit, and shall send and receive all correspondence
9with the department regarding a combined report. Any notice the department sends
10to the designated agent is considered a notice sent to all members of the affiliated
11group. Any refund shall be paid to and in the name of the designated agent and shall
12discharge any liability of the state to any member of an affiliated group regarding
13the refund. The affiliated group filing a combined report under par. (a) shall pay all
14taxes, including estimated taxes, in the designated agent's name. The designated
15agent shall participate on behalf of the affiliated group in any investigation or
16hearing requested by the department regarding a combined report and shall produce
17all information requested by the department regarding a combined report. The
18designated agent may execute a power of attorney on behalf of the members of the
19affiliated group. The designated agent shall execute waivers, closing agreements
20and other documents regarding a report filed under par. (a) and any waiver,
21agreement or document executed by the designated agent shall be considered as
22executed by all members of the affiliated group. If the department acts in good faith
23with an affiliated group member that represents itself as the designated agent for
24the affiliated group but that affiliated group member is not the designated agent, any
25action taken by the department with that affiliated group member has the same

1effect as if that affiliated group member were the actual designated agent for the
2affiliated group.
SB45,867,63 (d) Part-year members. If a corporation becomes a member of an affiliated
4group engaged in a unitary business or ceases to be a member of an affiliated group
5engaged in a unitary business after the beginning of a common accounting period,
6the corporation's income shall be apportioned to this state as follows:
SB45,867,157 1. If the corporation is required to file 2 short period federal returns for the
8common accounting period, the income for the short period that the corporation was
9a member of an affiliated group engaged in a unitary business shall be determined
10by using the combined reporting method and the corporation shall join in filing a
11combined report for that short period. The income for the remaining short period
12shall be by separate reporting under s. 71.25 or 71.45. If the corporation becomes a
13member of another affiliated group that is engaged in a unitary business in the
14remaining short period, the corporation's income shall be determined for the
15remaining short period by using the combined reporting method.
SB45,867,1716 2. If the corporation is not required to file federal short period returns, the
17corporation shall file a separate return. Income shall be determined as follows:
SB45,867,1918 a. By the combined reporting method for any period that the corporation was
19a member of an affiliated group that was engaged in a unitary business.
SB45,867,2220 b. By separate reporting under s. 71.25 or 71.45 for any period that the
21corporation was not a member of an affiliated group that was engaged in a unitary
22business.
SB45,868,223 (e) Amended combined report. The election to file a combined report under this
24section applies to an amended combined report that includes the same corporations

1that joined in the filing of the original combined report. Under this section, an
2amended combined report shall be filed as follows:
SB45,868,113 1. If an election to file a combined report that is in effect for a taxable year is
4revoked for the taxable year because the affiliated group that filed the combined
5report is not a unitary business, as determined by the department, the designated
6agent for the affiliated group may not file an amended combined report. The
7designated agent and each corporation that joined in filing the combined report shall
8file a separate amended return. To compute the tax due on a separate amended
9return, a corporation that files a separate amended return shall consider all of the
10payments, credits or other amounts, including refunds, that the designated agent
11allocated to the corporation.
SB45,868,1612 2. If a change in tax liability under this section is the result of the removal of
13a corporation from an affiliated group because the corporation was not eligible to be
14a member of the affiliated group for the taxable year, as determined by the
15department, the designated agent shall file an amended combined report and the
16ineligible corporation shall file a separate amended return.
SB45,868,2217 3. If a corporation erroneously fails to join in the filing of a combined report,
18the designated agent shall file an amended combined report that includes the
19corporation. If a corporation that erroneously fails to join in the filing of a combined
20report has filed a separate return, the corporation shall file an amended separate
21return that shows no net income, overpayment or underpayment, and shows that the
22corporation has joined in the filing of a combined report.
SB45,868,24 23(5) Income computation under combined reporting. Under the combined
24reporting method, income attributable to this state shall be determined as follows:
SB45,869,5
1(a) Determine the net income of each corporation under s. 71.26, 71.34 (1) or
271.45, including a general or limited partner's share of income to the extent that the
3general or limited partner and the partnership in which the general or limited
4partner invests are engaged in a unitary business, regardless of the percentage of the
5general or limited partner's ownership in the partnership.
SB45,869,76 (b) Adjust each corporation's income, as determined under par. (a), as provided
7under s. 71.30.
SB45,869,238 (c) From the amount determined under par. (b), subtract intercompany
9transactions such that intercompany accounts of assets, liabilities, equities, income,
10costs or expenses are excluded from the determination of income to accurately reflect
11the income, the apportionment factors and the tax credits in a combined report that
12is filed under this section. Distributions of intercompany dividends that are paid
13from nonbusiness earnings or nonbusiness profits, or distributions of intercompany
14dividends that are paid from earnings or profits that are accumulated before the
15payer corporation becomes a member of an affiliated group that is engaged in a
16unitary business, may not be excluded from the income of the recipient corporation.
17An intercompany distribution that exceeds the payer corporation's earnings or
18profits or stock basis shall not be considered income from an intercompany sale of an
19asset and shall not be excluded as income from an intercompany transaction.
20Intercompany dividends that are paid from earnings or profits from a unitary
21business income shall be considered as paid first from current earnings or profits and
22then from accumulations from prior years in reverse order of accumulation. An
23intercompany transaction includes the following:
SB45,869,2524 1. Income from sales of inventory from one member of the affiliated group to
25another member of the affiliated group.
SB45,870,2
12. Gain or loss from sales of intangible assets from one member of the affiliated
2group to another member of the affiliated group.
SB45,870,43 3. Gain or loss on sales of fixed assets or capitalized intercompany charges from
4one member of the affiliated group to another member of the affiliated group.
SB45,870,75 4. Loans, advances, receivables and similar items that one member of the
6affiliated group owes to another member of the affiliated group, including interest
7income and interest expense related to these items.
SB45,870,98 5. Stock or other equity of one member of the affiliated group that is owned or
9controlled by another member of the affiliated group.
SB45,870,1110 6. Except as provided in par. (c) (intro.), intercompany dividends paid out of
11earnings or profits from a unitary business income.
SB45,870,1312 7. Annual rent paid by one member of the affiliated group to another member
13of the affiliated group.
SB45,870,1514 8. Management or service fees paid by one member of the affiliated group to
15another member of the affiliated group.
SB45,870,1716 9. Income or expenses allocated or charged by one member of the affiliated
17group to another member of the affiliated group.
SB45,870,2118 (d) From the amount determined under par. (c) for each corporation, subtract
19nonbusiness income, net of related expenses, and add nonbusiness losses, net of
20related expenses, to determine each corporation's apportionable net income or
21apportionable net loss.
SB45,870,2522 (e) Calculate the apportionment factors under sub. (6) and multiply each
23corporation's apportionable net income or apportionable net loss, as determined
24under par. (d), by the corporation's apportionment fraction as determined under s.
2571.25 (6).
SB45,871,3
1(f) To the amount determined under par. (e), add each corporation's
2nonbusiness income attributable to this state and subtract each corporation's
3nonbusiness losses attributable to this state.
SB45,871,84 (g) To the amount determined under par. (f), subtract each corporation's net
5business loss carry-forward under s. 71.26 (4) or 71.45 (4). A corporation may not
6carry forward a business loss from taxable years ending before January 1, 2000, if
7the corporation was not subject to this state's income or franchise tax for taxable
8years ending before January 1, 2000.
SB45,871,11 9(6) Apportionment factor computation under combined reporting. Under the
10combined reporting method, this state's apportionment factors are determined as
11follows:
SB45,871,1712 (a) Determine the numerator and the denominator of each corporation's
13apportionment factors as determined under s. 71.25 or 71.45, including a general or
14limited partner's share of the numerator and the denominator of the apportionment
15factors to the extent that the general or limited partner and the partnership in which
16the general or limited partner invests are engaged in a unitary business, regardless
17of the percentage of the general or limited partner's ownership in the partnership.
SB45,871,1918 (b) Subtract intercompany transactions under sub. (5) (c) from both the
19numerators and the denominators as determined under par. (b).
SB45,871,2120 (c) Add the denominators of the apportionment factors for each corporation, as
21determined under par. (b), to arrive at the combined denominators.
SB45,871,2422 (d) Compute each corporation's apportionment factors by dividing the
23corporation's numerator as determined under par. (b) by the combined denominator
24as determined under par. (c).
SB45,872,9
1(7) Net operating losses. For the first 2 taxable years that a combined report
2is filed under this section, the net operating loss for each member of an affiliated
3group that files a combined report is determined by adding each member's share of
4nonbusiness income to each member's share of business income and subtracting each
5member's share of nonbusiness loss from each member's share of business loss.
6Beginning with the 3rd taxable year that a combined report is filed under this
7section, if a member of an affiliated group that files a combined report has a positive
8net income as determined under sub. (5), the affiliated group shall only deduct the
9amount of the net operating loss carry-forward attributable to that member.
SB45,872,15 10(8) Estimated tax payments. (a) For the first 2 taxable years that a combined
11report is filed under this section, estimated taxes may be paid on a group basis or on
12a separate basis. The amount of any separate estimated taxes paid in the first 2
13taxable years that a combined report is filed shall be credited against the group's tax
14liability. The designated agent shall notify the department of any estimated taxes
15paid on a separate basis in the first 2 taxable years that a combined report is filed.
SB45,873,216 (b) If a combined report is filed for 2 consecutive taxable years, estimated taxes
17shall be paid on a group basis for each subsequent taxable year until such time as
18separate returns are filed by the corporations that were members of an affiliated
19group that filed combined reports under this section. For each taxable year in which
20combined estimated payments are required under this subsection, the department
21shall consider the affiliated group filing a combined report to be one taxpayer. If a
22corporation subject to this section files a separate return in a taxable year following
23a year in which the corporation joined in filing a combined report, the amount of any
24estimated tax payments made on a group basis for the previous year shall be credited

1against the tax liability of the corporation that files a separate return, as allocated
2by the designated agent with the department's approval.
SB45,873,73 (c) If an affiliated group pays estimated taxes on a group basis for a taxable year
4or for any part of a taxable year, and the members of the affiliated group file separate
5returns for the taxable year, the designated agent, with the department's approval,
6shall allocate the estimated tax payments among the members of the affiliated
7group.
SB45,873,118 (d) If estimated taxes are paid on a group basis for a taxable year but the group
9does not file a combined report for the taxable year and did not file a combined report
10for the previous taxable year, the estimated tax shall be credited to the corporation
11that made the estimated tax payment on the group's behalf.
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