Alaska Administrative Code
Title 15 - Revenue
Chapter 20 - Alaska Net Income Tax
Article 9 - General Provisions
15 AAC 20.900 - Definitions
Universal Citation: 15 AK Admin Code 15 AAC 20.900
Current through August 30, 2024
(a) In AS 43.20 and this chapter,
(1) "combined method of reporting" means an
accounting method used to determine the income attributable to activities in
the state of a taxpayer that is a member of a group of corporations conducting
a unitary business; the use of this method requires that information relating
to the worldwide unitary income and the denominators of the apportionment
factors of all related nexus and non-nexus entities that are members of the
unitary group be reported as part of the taxpayer's return; this method is
sometimes referred to as the "combined method of accounting;"
(2) "department" means the Department of
Revenue;
(3) "does business in" is
a nexus standard and includes owning or operating business facilities or
property, conducting business activities, being a member of a partnership that
transacts business, or any other activity from which income is realized or
derived;
(4) "domestic corporation"
has the meaning given to it by Internal Revenue Code section 7701(a) (26
U.S.C. 7701(a));
(5) "federal taxable income" is income
subject to apportionment under
15 AAC
20.300;
(6) "financial statement" means a statement
of income, expenses, assets, liabilities, and stockholders' equity, certified
by an independent certified public accountant (or as appropriate, the foreign
counterpart of a certified public accountant, such as a chartered accountant),
and prepared for the purposes of reporting that year's earnings and profits to
the stockholders;
(7) "state" means
any state of the United States, the District of Columbia, and Commonwealth of
Puerto Rico, any territory or possession of the United States, and any foreign
country or political subdivision thereof;
(8) "taxpayer" means a corporation subject to
AS 43.20;
(9) "United States" means
the fifty states, the District of Columbia, the Commonwealth of Puerto Rico,
and possessions of the United States.
(b) In AS 43.20.145 and 15 AAC 20.330 - 15 AAC 20.390,
(1) "does
not conduct significant economic activity" means the corporation's business is
substantially limited to transactions that permit favorable tax treatment
because of the corporation's presence in the country and that would not
otherwise be available to other members of the water's edge combined
group;
(2) "income tax at a rate"
means the maximum statutory rate of taxes based on or measured by net income or
profit actually imposed on the corporation, and includes only taxes levied at
the federal or national level;
(3)
"payments for intangible property" includes royalties, license fees, and
interest, but does not include reimbursed costs such as management fees,
accounting fees, service charges, and reimbursed payroll costs;
(4) "tax haven corporation" means a
corporation identified in
AS
43.20.145(a)(5);
(5) "United States income tax rate on the
income tax base of the corporation in the United States" means the maximum
federal statutory rate applicable to the taxable income of the corporation
before any applicable credits or any other reductions in the tax; if the
corporation does not have taxable income in the United States, the rate is the
rate that would be applied to income of the corporation if it earned income in
the United States.
(c) For purposes of AS 43.20.144 and 15 AAC 20.410 - 15 AAC 20.520,
(1) "commercial production" means the
production of oil or gas for purposes of sale or other beneficial use not
associated with the exploration and development of the field in which the lease
or property lies, except when the sale or beneficial use is incidental to the
testing of an unproved well or unproved completion interval;
(2) "economic interest" has the meaning given
to it by
26 C.F.R.
1.611-1(b) on April 14, 1982
and does not include, for example, an interest represented by a supply or
service agreement with persons or foreign governments relating to a lease or
property if that agreement represents only the right to operate the lease or
property or the right to purchase oil or gas from that property;
(3) "lease or property" means any economic
interest (as defined in (2) of this subsection) in any right, title, or
interest in or right to extract oil or gas including
(A) a mineral interest;
(B) a leasehold interest;
(C) a working interest, royalty interest,
overriding royalty interest, production payment, net profit interest, carried
interest or any other interest in a lease, sublease, concession, joint venture,
sharing arrangement, or other agreement for oil and gas exploration,
development, or production;
(D) a
working interest, royalty interest, overriding royalty interest, production
payment, net profit interest, carried interest or any other interest in an
agreement for unitization or pooling under the provisions of Internal Revenue
Code section 614(b)(3) (26 U.S.C.
614(b)(3)) as that section
read on April 14, 1982;
(4) "oil and gas" means either oil or gas or
both, as appropriate;
(5)
"production interest" means a royalty interest or a working interest;
(6) "royalty interest" means a basic royalty,
overriding royalty, production payment (excluding loan repayment), net profit
interest, or carried interest, in the production of oil and gas;
(7) "working interest" means any interest
(including fee title) in the production of oil and gas that is not a royalty
interest.
Authority:AS 43.05.080
AS 43.19.010
AS 43.20.144
AS 43.20.145
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