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W. Domestic International Sales Corporation (G.S. 105-130.3, G.S. 105-130.4,
G.S. 105-130.6, G.S. 105-130.7 and G.S. 105-262)
- Doing Business Activities of DISC (Section .2400)
Every Domestic International Sales Corporation (DISC) doing business in this
State shall be subject to income tax in this State. A DISC shall be considered
to be doing business in this State if the business activities of the DISC
are principally conducted, managed or directed in or from this State. If a
DISC transacts substantial business with a supplier, other than its parent
company, whose business activities are primarily conducted, managed or directed
in or from this State, the DISC shall be considered to be doing business in
this State. The entire business of a DISC doing business in this State shall
be deemed to have been transacted or conducted within this State if such DISC
is not subject to a tax measured by net income in another state or would not
be subject to a tax measured by net income in any other state if such other
state had a tax measured by net income. That a DISC is incorporated in another
state shall not of itself show that it is subject to a tax measured by net
income in such other state.
- Determination of DISC Net Income
The net income of a DISC shall be determined in accordance with the Revenue
Laws of this State.
- Apportionment of DISC Net Income
The net income of a DISC subject to a tax measured by net income both within
and without this State shall be apportioned to this State by use of the applicable
apportionment formula set out in G.S. 105-130.4. The ratio determined thereunder
for apportioning the net income of the DISC shall be computed by including
the property, payrolls and sales of the parent corporation in the respective
factors of the DISC. Where the DISC conducts substantial business with a supplier(s)
other than its parent, the property, payrolls and sales of the supplier(s)
may be included in the respective factors of the DISC to the extent prescribed
by the Secretary of Revenue. The property, payrolls and sales of the parent
corporation or other supplier(s) included in the factors of the DISC shall
be for the period ending with or within the income year of the DISC. Further,
the Secretary of Revenue may prescribe such other method or methods as may
be deemed necessary to attribute to this State a fair and reasonable profit
which would normally arise from the operation of such businesses conducted
on a true arms-length basis.
- Dividends Received From DISC
Dividends received by a corporate shareholder from a DISC shall
be included in such corporate shareholder's taxable income and
shall be subject to the dividend deduction rules set out in G.S.
105-130.7. Dividends received from a DISC by a corporate shareholder
taxable in another state shall be included in such corporate shareholder's
business income and shall be apportioned to North Carolina. The
term "dividends" shall mean all amounts currently taxable
under the Internal Revenue Code to corporate shareholders of a
DISC whether or not distributed.
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