Mississippi Administrative Code
Title 35 - Department of Revenue
Part 3 - Income and Franchise
Subpart 08 - Corporations
Chapter 01 - Liquidations and Distributions
Section 35-3-08-01-103 - Stock Sale Treated as Asset Sale

Section 27-7-9(j)4 requires a corporation or other entity involved in restructuring, reorganizing, distributing assets or profits or changing ownership that results in adjustments to its asset basis to report any gain in that year on any such transaction when the transaction involves assets owned or used in this state. A corporation that transfers Mississippi assets to a subsidiary corporation in exchange for stock of such subsidiary and within two years of such transfer sells stock shall recognize such sale of stock of such subsidiary as a sale of Mississippi assets. If the sale of such stock occurs after such two year period but results in avoidance of Mississippi tax then the sale will be treated as a sale of Mississippi assets. Otherwise, a sale of stock will be subject to other provisions of the Mississippi law.