(1) An S corporation shall not be subject to the tax imposed by this article.
For the purposes of section 39-22-104, each shareholder's pro rata share of the Scorporation's income attributable to the state and each resident shareholder's pro rata share of the S corporation's income not attributable to the state, all as modified pursuant to section 39-22323, shall be taken into account by the shareholder in the manner provided in section 1366 of the internal revenue code.
For the purposes of determining the amounts taken into account by the shareholdersof an S corporation pursuant to subsection (2) of this section, the amount of any tax imposed on the S corporation under the internal revenue code shall proportionately reduce the S corporation's income attributable to the state and income not attributable to the state.
Source: L. 92: Entire section added, p. 2261, § 1, effective April 16. L. 2018: (2) amended, (HB 18-1375), ch. 274, p. 1722, § 80, effective May 29.