15-31-325. Treatment of dividends. For purposes of 15-31-321 through 15-31-326, dividends must be treated as follows:
     (1) Dividends received from corporations incorporated outside the United States, to the extent taxable, are considered income subject to apportionment.
     (2) The after-tax net income of United States corporations excluded from eligibility as affiliated corporations under 15-31-322(1) and possession corporations described in sections 931 through 934 and 936 of the Internal Revenue Code are considered dividends received from corporations incorporated outside the United States.
     (3) Amounts included in income under sections 951 through 962 and 964 of the Internal Revenue Code are considered dividends from corporations incorporated outside the United States.
     (4) Eighty percent of all dividends apportionable under this section must be excluded from income subject to apportionment.
     (5) "Deemed" distributions, as set forth in section 78 of the Internal Revenue Code, and corresponding amounts with respect to dividends considered received under subsection (2) of this section must be excluded from the income of the water's-edge combined group.
     (6) The dividends apportionable under this section are in lieu of any expenses attributable to dividend income.
     (7) A dividend from a corporation required to be combined in the water's-edge combined group must be eliminated from the calculation of apportionable income.

     History: En. Sec. 5, Ch. 616, L. 1987.