Alaska Administrative Code
Title 8 - Labor and Workforce Development
Part 7 - Employment Security Division and Alaska Workforce Investment Board
Chapter 85 - Employment Security
8 AAC 85.292 - Contribution rate for successor employer in business
Universal Citation: 8 AK Admin Code 8 AAC 85.292
Current through August 30, 2024
(a) To determine if a business was acquired or transferred solely or primarily for the purpose of obtaining a more favorable rate of contributions under AS 23.20.295 or 23.20.297, the department shall use objective factors on a case by case basis, including
(1) the cost of acquiring the
business;
(2) whether the successor
employer continued essentially the same business activity as the predecessor
employer;
(3) how long the same
business activity was continued;
(4) whether the successor employer hired a
substantial number of new employees for performance of duties unrelated to the
business activity before the acquisition; and
(5) whether there was a continuity of control
of the business.
(b) For the purposes of this section, continuity of control will be considered to exist if one or more persons, businesses, or organizations controlling a business remain in control after an acquisition or change in form. Evidence of continuity of control includes
(1) ownership
of the organization conducting the business;
(2) ownership of assets necessary to conduct
the business;
(3) security
arrangements or lease arrangements covering assets necessary to conduct the
business, or a contract when the ownership, stated arrangements or contract
provides for or allows direction of the internal affairs or conduct of the
business.
Authority:AS 23.20.045
AS 23.20.295
AS 23.20.297
Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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