Alaska Statutes Title 43. Revenue and Taxation § 43.20.012. Limitation on application of chapter;  credits

<Text of subsection (a) effective until July 1, 2023.  See, also text of subsection (a) effective July 1, 2023.>

(a) The tax imposed by this chapter does not

(1) apply to an individual;

(2) apply to a fiduciary;

(3) for a tax year beginning after December 31, 2012, apply to an Alaska corporation that is a qualified small business and that meets the active business requirement in 26 U.S.C. 1202(e) as that subsection read on January 1, 2012;  or

(4) for a tax year beginning after June 30, 2007, apply to the income received by a regional association qualified under AS 16.10.380 or nonprofit corporation holding a hatchery permit under AS 16.10.400 from the sale of salmon or salmon eggs under AS 16.10.450 or from a cost recovery fishery under AS 16.10.455 .

<Text of section effective July 1, 2023.  See, also text of subsection (a) effective until July 1, 2023.>

(a) The tax imposed by this chapter does not apply to

(1) an individual;

(2) a fiduciary;  or

(3) the income received by a regional association qualified under AS 16.10.380 or nonprofit corporation holding a hatchery permit under AS 16.10.400 from the sale of salmon or salmon eggs under AS 16.10.450 or from a cost recovery fishery under AS 16.10.455 .

(b) An individual may file a return under this chapter in order to receive a tax credit under AS 43.20.013 .

(c) For the purposes of (a)(3) of this section,

(1) whether a corporation qualifies under (a)(3) of this section shall be determined on the first day of the tax year for which the corporation claims it qualifies under (a)(3) of this section;

(2) all corporations that are members of the same parent-subsidiary controlled group shall be treated as one corporation.

(d) In this section,

(1) “Alaska corporation” means a corporation that has been incorporated in the state or is authorized to do business in the state;

(2) “parent-subsidiary controlled group” has the meaning given in 26 U.S.C. 1202 as that section read on January 1, 2012;

(3) “qualified small business” has the meaning given in 26 U.S.C. 1202 as that section read on January 1, 2012, and does not include a construction, transportation, utility, or fisheries business.


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