42.26.228    TREATMENT OF PARTNERSHIPS AND DISREGARDED ENTITIES IN THE APPORTIONMENT FORMULA

(1) If the operations of a partnership or disregarded entity are unitary with the business operations of a corporate partner or disregarded entity owner, the corporate partner's or owner's pro rata share of the property, payroll, and sales of the partnership or disregarded entity will be included in the computation of the apportionment factors.

(2) The definition of unitary will be the same as the definition of a unitary business as outlined in 15-31-301, MCA.   However, the corporate partner or disregarded entity owner need not own in excess of 50% of the partnership or disregarded entity for the partnership or disregarded entity to be unitary.

History: Sec. 15-31-313 and 15-31-501, MCA; IMP, Sec. 15-31-305, MCA; NEW, 1988 MAR p. 1541, Eff. 7/15/88; AMD, 2001 MAR p. 2469, Eff. 12/21/01; AMD, 2002 MAR p. 3708, Eff. 12/27/02.