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V. 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.
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