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. |