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Georgia State Code
Title      48
Chapter       7  
Section Navigation     1 ... 24         25 ... 29.3  
  29.4 ... 34         35 ... 40.4  
  40.5 ... 40.14   40.15 ... 41    
    42 ... 57.1         58 ... 85    
    86 ... 106       107 ... 115   
   116 ... 125       126 ... 145   
   146 ... 165       166 ... 170     
Section<<< 58 59 60 61 80 81 82 83 84 85 >>>  
Title 48, Chapter 7, Section 58 (48-7-58)

(a) When the commissioner has reason to believe that any taxpayer conducts his trade or business so as to distort directly or indirectly his true net income or the net income properly attributable to this state, whether by the arbitrary shifting of income, through price fixing, charges for service, or otherwise, as a result of which the net income is arbitrarily assigned to one or another unit in a group of taxpayers conducting business under a substantially common control, the commissioner may require the facts as he deems necessary for the proper computation of the entire net income and the net income properly attributable to this state. In determining the computation, the commissioner shall consider the fair profit which would normally arise from the conduct of the trade or business.

(b)(1) The commissioner may determine the amount of taxable income of any one or more corporations for a calendar or fiscal year when a corporation:

(A) Subject to taxation under this chapter conducts its business in such manner as to benefit either directly or indirectly the members or stockholders of the corporation or any person interested in the business of the corporation by selling its products or the goods or commodities in which it deals at less than the fair price which might be obtained for the goods or commodities;

(B) A substantial portion of whose capital stock is directly or indirectly owned by another corporation acquires and disposes of the products of the corporation so owning a substantial portion of its stock in such a manner as to create a loss or improper net income for either of the corporations; or

(C) Directly or indirectly owning a substantial portion of the stock of another corporation acquires and disposes of the products of the corporation of which it so owns a substantial portion of the stock in such a manner as to create a loss or improper net income for either of the corporations.

(2) In his determination, the commissioner shall consider the reasonable profits which, but for the arrangement or understanding, might or could have been obtained by the corporation or corporations subject to taxation under this chapter from dealing in such products, goods, or commodities.

Thursday July 24 13:18 CDT


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