Modification and characterization of income.

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(1) An S corporation's income attributable to the state shall, for the purposes of section 39-22-322, be subject to the modifications provided in section 39-22-304.

  1. Each resident shareholder's pro rata share of the S corporation's income not attributable to the state shall, for the purposes of section 39-22-322 (2), be subject to the modifications provided in section 39-22-104.

  2. The character of any S corporation item taken into account by a shareholder of an Scorporation pursuant to section 39-22-322 (2) shall be determined as if such item were received or incurred by the S corporation and not its shareholder.

Source: L. 92: Entire section added, p. 2261, § 1, effective April 16.


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