12 CSR 10-2.045 - Missouri Consolidated Income Tax Returns
(1) Authority for Regulation. This rule is
promulgated under the general regulatory powers granted to the director of
revenue and the specific authority set forth in section 143.431.3(5), RSMo,
relating to Missouri consolidated income tax returns.
(2) Affiliated group. The term affiliated
group means those members of an affiliated group of corporations as defined by
Internal Revenue Code (IRC) Section 1504 and the applicable
treasury regulations which participate or are required to participate in the
filing of a federal consolidated income tax return for the taxable
year.
(3) Missouri consolidated
return year. The term Missouri consolidated return year means a taxable year
for which a Missouri consolidated return is filed or required to be filed by an
affiliated group under this rule.
(4) New member. The term new member shall
mean a corporation which is a member of an affiliated group during the current
Missouri consolidated return year but which was not a member of the group for
the immediately preceding Missouri consolidated return year.
(5) Multistate Tax Compact. The term
Multistate Tax Compact shall mean the Multistate Tax Compact as enacted into
law in Missouri as section
32.200, RSMo.
(6) IRC section. The term IRC section shall
mean the pertinent provision of the Internal Revenue Code for
the taxable year.
(7) Required
member. The term required member shall mean any corporation included on the
federal consolidated return for the affiliated group, except:
(A) An express company which pays an annual
tax on its gross receipts in this state;
(B) An insurance company which pays an annual
tax on its gross premium receipts in this state;
(C) A Missouri mutual or extended Missouri
mutual insurance company organized under Chapter 380, RSMo; or
(D) An association or credit union which pays
an annual tax pursuant to section
148.620,
RSMo.
(8) Treas. Reg.
Section. The term Treas. Reg. Section shall mean the pertinent provisions of
the regulation promulgated by the United States Treasury for the taxable
year.
(9) Director of revenue. The
term director of revenue, except as otherwise specifically provided in this
rule, shall mean the director of revenue or his/her duly authorized agent or
designee.
(10) Computing Missouri
consolidated taxable income from all sources. The Missouri consolidated taxable
income (all sources) of an affiliated group shall be its federal consolidated
taxable income for the taxable year, adjusted to reflect the modifications
provided in section 143.121, RSMo, and the
applicable modifications provided in section
143.141, RSMo, and to reflect
the exclusion of any members of the affiliated group that are not required
members. There shall be subtracted the federal income tax deduction provided in
section 143.171, RSMo. There shall be
subtracted, to the extent included in federal consolidated taxable income,
corporate dividends from sources within Missouri.
(11) Computing Missouri consolidated taxable
income from Missouri sources.
(A) The
Missouri consolidated taxable income (Missouri sources) of an affiliated group
shall be so much of its Missouri consolidated taxable income (all sources) as
is derived from sources within Missouri pursuant to the interstate division of
income rules set forth in section (18) of this rule. If only part of the
Missouri consolidated taxable income (all sources) is derived from sources
within Missouri, the Missouri consolidated taxable income (Missouri sources)
shall only reflect the effect of the following listed deductions to the extent
applicable to Missouri:
1. The deduction for
federal income tax provided in section
143.171, RSMo; and
2. The effect on Missouri consolidated
taxable income (all sources) of the deduction for consolidated net operating
loss allowed by IRC Section 172 and the applicable Treas. Reg. issued under IRC
Section 1502. The extent these deductions applicable to Missouri shall be
determined by multiplying the amount that would otherwise affect Missouri
consolidated taxable income (all sources) by the ratio of Missouri consolidated
taxable income (Missouri sources) for the year divided by the Missouri
consolidated taxable income (all sources) for the year. For the purpose of the
preceding sentence, Missouri consolidated taxable income shall not reflect the
deductions listed in subsections (A) and (B) of this section.
(B) If an affiliated group files a
Missouri income tax return in which one or more members of the affiliated group
are not required members, the federal income tax deduction for such Missouri
income tax return shall be determined by multiplying the federal income tax
liability of the affiliated group by a fraction, the numerator of which is the
sum of the federal taxable incomes of the required members and the denominator
of which is the sum of the federal taxable incomes of all members of the
affiliated group.
(12)
Qualifying for Privilege to File Consolidated Return. An affiliated group
(other than one which is required to file a Missouri consolidated return for
the year) shall be qualified to file a Missouri consolidated return if-
(A) It files a federal consolidated return
for the taxable year;
(B) Each
corporation which has been a member of the affiliated group during any part of
the taxable year for which the Missouri consolidated return is to be filed
consents to this rule in the manner provided in sections (24)-(26) of this
rule; and
(C) The affiliated group
is not disqualified from filing a Missouri consolidated return for the year
under section (16) of this rule.
(13) Election to File. For tax years with a
due date for filing the common parent's Missouri return (including extensions
of time to file) after December 28, 1998, if an affiliated group qualified to
file a Missouri consolidated return wishes to elect to file a Missouri
consolidated return, the election must be exercised by the filing of a Missouri
consolidated return on or before the due date (including extensions of time)
for the filing of the common parent's separate Missouri return. For tax years
with a due date for filing the common parent's Missouri return (including
extensions of time to file) before December 28, 1998, an affiliated group
qualified to file a Missouri consolidated return could elect to file a Missouri
consolidated return by the filing of-
(A) A
Missouri consolidated return on or before the due date (including extensions of
time) for the filing of the common parent's separate Missouri return;
or
(B) If the affiliated group did
not file a Missouri consolidated return within such time because it was
precluded from doing so under Missouri law, a Missouri consolidated return
within the statute of limitations applicable to the filing of an amended
return.
(14) Election
Irrevocable. The exercise of an election to file a Missouri consolidated return
is irrevocable and may not be withdrawn after the due date (including
extensions of time) for the filing of the common parent's separate Missouri
return.
(15) Continued Filing
Requirement. Except as provided in sections (32)-(35) of this rule, an
affiliated group which filed (or was required to file) a Missouri consolidated
return for the immediately preceding taxable year is required to file a
Missouri consolidated return for the current taxable year.
(16) Disqualification to File. If an
affiliated group filed (or was required to file) a Missouri consolidated return
for the immediately preceding taxable year and, by virtue of sections (32)-(35)
of this rule, it does not file or is not permitted to file a Missouri
consolidated return for the current taxable year, then it shall not be
qualified to file a Missouri consolidated return for a period of five (5) years
after its last preceding Missouri consolidated return year.
(17) Filing Consolidated Return in Special
Circumstances. Notwithstanding that an affiliated group may be disqualified to
file a Missouri consolidated return for the current taxable year under section
(16) of this rule, the director of revenue may permit the affiliated group to
file a Missouri consolidated return for the current taxable year. Application
for permission shall be directed to the personal attention of the director of
revenue, shall be made in writing, and shall set forth in detail the factual
and legal arguments which the director of revenue is being requested to
consider. No application for permission shall be granted until the affiliated
group receives written permission bearing the signature of the director of
revenue.
(18) Interstate Division
of Income Rules for First Missouri Consolidated Return Year. In the
determination of that portion of the Missouri consolidated taxable income (all
sources) as is derived from sources within Missouri, the affiliated group shall
select, in its first Missouri consolidated return year, one (1) of the
applicable interstate division of income methods set forth in the following
subsections:
(A) Method Under Section
143.451.2., RSMo. If each member of the affiliated group, if filing separate
Missouri returns, would qualify to determine that portion of its Missouri
taxable income as is derived from sources within Missouri by application of the
interstate division of income methods set forth in section 143.451.2., RSMo,
then the affiliated group, as a whole, shall use either-
1. The single factor sales (business
transactions) method provided in section 143.451.2., RSMo; or
2. The uniform method for division of income
provided in the Multistate Tax Compact and the corresponding rules of the
Missouri Department of Revenue;
(B) Method Under Section
143.451.3.-143.451.6., RSMo. If each member of the affiliated group, if filing
separate Missouri returns, would qualify to determine that portion of its
Missouri taxable income derived from sources within Missouri by application of
the interstate division of income methods, set forth in section
143.451.3-143.451.6., RSMo (and each member uses the same method), then the
affiliated group, as a whole, shall use either-
1. The applicable method set forth in section
143.451.3.-143.451.6., RSMo; or
2.
The uniform method for division of income provided in the Multistate Tax
Compact and the corresponding rules of the Missouri Department of
Revenue;
(C) Method Under
Section 143.461, RSMo. If each member of
the affiliated group, if filing separate Missouri returns, would qualify to
determine that portion of its Missouri taxable income as is derived from
sources within Missouri by application of the elective division of income
method approved under section
143.461, RSMo (and each member
uses the same approved method) then the affiliated group, as a whole, shall use
either-
1. The elective division of income
method approved under section
143.461, RSMo; or
2. The uniform method for division of income
provided in the Multistate Tax Compact and the corresponding rules of the
Missouri Department of Revenue;
(D) Members to Which Different Interstate
Division of Income Methods Apply-General Rule. If the affiliated group is
composed of a membership such that, if separate Missouri returns were filed by
each member, the same interstate division of income method under section
143.451.2., RSMo (relating to general business corporations), 143.451.3., RSMo
(relating to transportation), 143.451.4., RSMo (relating to railroads, and the
like), 143.451.5., RSMo (relating to interstate bridges), 143.451.6., RSMo
(relating to telephone or telegraph companies), or 143.461, RSMo (other
approved methods), would not apply to each member, then the affiliated group,
as a whole, shall determine that portion of its Missouri consolidated taxable
income (all sources) as is derived from sources within Missouri by application
of-
1. The uniform method for division of
income provided in the Multistate Tax Compact and the corresponding rules of
the Missouri Department of Revenue;
2. The method the director of revenue may
approve after a finding of special circumstances; or
3. The percentage obtained by the method set
forth in subsection (18)(E) of this rule; and
(E) Members to Which Different Interstate
Divisions of Income Methods Apply-Special Rule. If an affiliated group
described in subsection (18)(D) of this rule and it elects to use the
interstate division of income method referred to in paragraph (18)(D)2. of this
rule, it shall arrive at an interstate division of income percentage in the
following manner:
1. Each member shall
determine its own federal taxable income (loss) for the year, computed as
though each member had filed a separate federal income tax return for the year.
For the purposes of this paragraph, the separate federal taxable income (loss)
of each member shall not reflect the deduction for net operating loss allowable
by IRC Section 172 and shall not reflect dividend income from sources within
Missouri;
2. Each member shall
adjust its own separate federal taxable income (loss) so determined to reflect
the modifications provided in sections
143.121 and
143.141, RSMo, applicable to
those members. If, as a result of the computation contained in this paragraph
(18)(E)2., a member has a separate Missouri taxable loss for the year, that
member, for purposes of subsection (18)(E), shall be considered to have had a
positive Missouri taxable income for the year in an amount equal to the
loss;
3. The amount determined
pursuant to paragraphs (18) (E)1. and 2., for the purposes of subsection
(18)(E), shall be considered the separate Missouri taxable income (all sources)
of each member for the year;
4.
Each member shall determine that portion of its own separate Missouri taxable
income (all sources) as is derived from sources within Missouri by application
of whichever interstate division of income method under section
143.451 or
143.461, RSMo, is applicable to
each member; and
5. The combined
amounts of the Missouri taxable income (Missouri sources) of each member, so
determined, shall be divided by the combined amounts of the Missouri taxable
income (all sources) of each member, so determined, to arrive at a percentage
and the percentage thus obtained shall be deemed to be that percentage of the
Missouri consolidated taxable income (all sources) as is derived from sources
within Missouri.
(19) Intercompany Transactions. For the
purposes of determining the amount of sales or business transactions under the
interstate division of income methods provided in sections 143.451.2. and
143.461, RSMo, and in the Multistate Tax Compact, the term sales and business
transactions shall include all intercompany sales (business transactions) as
defined in Treas. Reg. Section 1.1502-13.
(20) Subsequent Missouri Consolidated Re-turn
Years. In the determination of Missouri consolidated taxable income (Missouri
sources) for its second and succeeding Missouri consolidated return years, the
affiliated group shall use the same interstate division of income method as it
used in its first year, or select a different interstate division of income
method pursuant to section (18) of this rule.
(21) Election of Interstate Division of
Income Method. For any taxable year, the interstate division of income method
may not be changed following the due date (including extensions of time) for
filing the return for such year.
(22) Computation of Tax Liability. The
Missouri income tax liability of an affiliated group for a Missouri
consolidated return year shall be determined by adding together-
(A) The tax imposed by section
143.071, RSMo, on the Missouri
consolidated taxable income (Missouri sources) for each year;
(B) The additions to tax imposed by section
143.741, RSMo;
(C) The additions to tax and penalties
imposed by section 143.751, RSMo; and
(D) The additions to tax imposed by section
143.761,
RSMo.
(23) Liability For
Tax. The common parent corporation and each required member which was a member
of the affiliated group during any part of the Missouri consolidated return
year shall be jointly and severally liable for the tax computed in accordance
with this rule, together with the interest on the tax, computed in accordance
with section 143.731, RSMo. No agreement
entered into by one (1) or more members of the affiliated group with any other
member of the group or with any other person in any case shall have the effect
of reducing the liability prescribed.
(24) Consent to This Rule. Each required
member must execute a Form MO-22 (Authorization and Consent of Subsidiary
Corporation to be Included in a Missouri Consolidated Income Tax Return) for
the first Missouri consolidated return year in which it first becomes a member
of the affiliated group. If a required member fails to execute a Form MO-22,
the director of revenue may:
a) treat such
failure as a request by the affiliated group to discontinue, for good cause,
the filing of a Missouri consolidated return with respect to the year of the
failure and all Missouri consolidated return years after that;
b) recalculate the Missouri tax liability of
the affiliated group to include the required member; or
c) accept the return without the consent
pursuant to section (25) of this regulation. The affiliated group shall
continue to be subject to section (15) of this rule unless and until the
director of revenue grants written permission to the affiliated group to
discontinue the filing of Missouri consolidated returns.
(25) Consent Under Facts and Circumstances.
If a required member fails to execute a Form MO-22, the director of revenue may
determine that the member has joined in the making of the Missouri consolidated
return of the affiliated group.
(26) Failure to Consent Due to Mistake. If
any required member has failed to join in the making of a Missouri consolidated
return and the common parent establishes to the satisfaction of the director of
revenue that the failure was due to a mistake of law or fact, or to
inadvertence, then the member shall be allowed to file a Form MO-22 and join in
the making of the Missouri consolidated return.
(27) Consolidated Return Made by Common
Parent. The Missouri consolidated return shall be made by the common parent on
Form MO-1120 (Corporation Income Tax Return) and shall be filed by the common
parent.
(28) Attachments to Form
MO-1120. In addition to those matters required of all corporations, an
affiliated group shall be required to submit the following items:
(A) For the first Missouri consolidated
return year, a Form MO-22 executed by each member of an affiliated
group;
(B) For the second and
succeeding Missouri consolidated return years, a Form MO-22 executed by each
new required member of an affiliated group;
(C) A detailed schedule i) identifying any
members of the affiliated group that are not required members and the reason
for exclusion, and ii) showing all adjustments to federal consolidated taxable
income due to the exclusion of any members of the affiliated group that are not
required members; and
(D) The
affiliated group shall attach to its Form MO-MS (Corporation Allocation and
Apportionment of Income) a detailed schedule which the interstate division of
income data of each member of the affiliated group is set forth.
(29) Common Parent as Agent for
All Other Members. The common parent, for all purposes other than the making of
the consent required by subsection (12)(B) of this rule, shall be the sole
agent for each subsidiary member in the affiliated group, duly authorized to
act in its own name in all matters relating to the Missouri tax liability for
the Missouri consolidated return year. No subsidiary member shall have
authority to act for or to represent itself in any matter. For example, all
correspondence will be carried on directly with the common parent; the common
parent shall file for all extensions of time, including extensions of time for
payment of Missouri tax; notices of deficiencies will be mailed to the common
parent and the mailing only to the common parent shall be considered as a
mailing to each subsidiary member in the affiliated group; notice and demand
for payment of taxes will be given only to the common parent and the notice and
demand will be considered as a notice and demand to each subsidiary member; the
common parent will file petitions and conduct proceedings before the director
of revenue and the Administrative Hearing Commission; and any petition shall be
considered as also having been filed by each subsidiary. The common parent will
file claims for refund or credit and any refund will be made directly to and in
the name of the common parent and will discharge any liability of Missouri in
respect to that refund to any subsidiary member; and the common parent in its
name will execute closing agreements and all other documents and any agreement
or any other documents so executed shall be considered as having also been
given or executed by each subsidiary member. Notwithstanding the provisions of
this section, any notice of deficiency, in respect to the tax for a Missouri
consolidated return year, will name each corporation which was a member of the
affiliated group during any part of the period (but a failure to include the
name of any member will not affect the validity of the notice of deficiency as
to the other members); any notice and demand for payment will name each
corporation which was a member of the affiliated group during any part of the
period (but a failure to include the name of any member will not effect the
validity of the notice and demand as to the other members); and any other
proceeding to collect the amount of any assessment, after the assessment has
been made, will name the corporation from which the collection is to be made.
The provisions of this section shall apply whether or not a Missouri
consolidated return is made for any subsequent year and whether or not one (1)
or more subsidiaries have become or have ceased to become members of the
affiliated group at any time. Notwithstanding the provisions of this section,
the director of revenue, upon notifying the common parent, may deal directly
with any subsidiary member of the affiliated group with respect to its
liability, in which event that member shall have full authority to act for
itself.
(30) Notification of
Deficiency to Corporation Which Has Ceased to be a Member of an Affiliated
Group. If a subsidiary has ceased to be a member of an affiliated group and if
the subsidiary files written notice of the cessation with the director of
revenue, then the director of revenue, upon written request of that subsidiary,
will furnish it with a copy of any notice of deficiency with respect to the tax
for a Missouri consolidated return year for which it was a member and a copy of
any notice and demand for payment of the deficiency. The filing of the written
notification and request by a subsidiary corporation shall not limit the scope
of the agency of the common parent provided in section (29) of this rule.
Failure by the director of revenue to comply with the written request shall not
limit the liability of the corporation provided in section (29) of this
rule.
(31) Effect of Dissolution of
Common Parent. If a common parent contemplates dissolution, or is about to be
dissolved, or if for any other reason its existence is about to terminate, it
shall notify the director of revenue of that fact and designate, subject to the
approval of the director of revenue, another member of the affiliated group to
act as agent in its place to the same extent and subject to the same conditions
and limitations as are applicable to the common parent. If the notice thus
required is not given by the common parent, or the designation is not approved
by the director of revenue, the remaining members of the affiliated group,
subject to the approval of the director of revenue, may designate another
member of the group to act as the agent and notice of that designation shall be
given to the director of revenue. Until a notice in writing designating a new
agent has been approved by the director of revenue, any notice of deficiency or
other communication mailed to the common parent shall be considered as having
been properly mailed to the agent of the affiliated group; or if the director
of revenue has reason to believe that the existence of the common parent has
terminated, if s/he deems it advisable, s/he may deal directly with any member
of the affiliated group with respect to its Missouri consolidated tax
liability.
(32) Automatic
Termination of Right to File Missouri Consolidated Return. The right of an
affiliated group to file a Missouri consolidated return for the taxable year
shall be dependent upon that group filing a federal consolidated return for the
same year. Upon the discontinuance of the filing of a federal consolidated
return, the filing of a Missouri consolidated return shall similarly be
discontinued.
(33) Permission to
Discontinue Filing Missouri Consolidated Return-Substantial Change in Law or
Regulation. Upon timely written application to the director of revenue, an
affiliated group may discontinue the filing of a Missouri consolidated return
for the taxable year (or may withdraw a Missouri consolidated return previously
filed for the taxable year) if the net result of all amendments to applicable
law and the corresponding rules with effective dates commencing within the
taxable year has a substantial adverse effect on the Missouri consolidated tax
liability of the affiliated group for that year relative to what the aggregate
Missouri tax liability would be if the members of the affiliated group filed
separate Missouri returns for the year.
(A)
Prima Facie Substantial Change. The difference between the
Missouri consolidated tax liability, taking into account the changes in the law
or regulations effective for the year and the aggregate Missouri tax liability
of the members of the affiliated group computed as if each member filed a
separate Missouri return for the year, also taking into account the changes in
the law or regulations effective for the year (postlaw difference) shall be
compared with the difference between the Missouri consolidated tax liability of
the affiliated group for the taxable year, without regard to the changes in the
law or regulations, and the aggregate Missouri tax liability of the members of
the affiliated group computed as if separate Missouri returns had been filed by
the members for the year, also without regard to the changes in the law or
regulations (prelaw difference). If the postlaw difference is one hundred
fifteen percent (115%) greater than the prelaw difference and that difference
is at least five thousand dollars ($5,000), a substantial adverse change shall
be deemed to have occurred.
(B)
Timely Application. Any application to discontinue the filing of Missouri
consolidated returns on account of section (33) shall be made in writing to the
director of revenue on or before the later of-
1. The due date (including extensions of
time) for the filing of the Missouri consolidated return for the taxable year;
or
2. Ninety (90) days after the
effective date of the Missouri law or Missouri Department of Revenue regulation
on account of which a substantial change is alleged to have occurred.
(34) Permission to
Discontinue Filing Missouri Consolidated Returns For Good Cause. Upon the
timely written application by the affiliated group and upon showing of good
cause for the action, the director of revenue may permit the affiliated group
to discontinue the filing of Missouri consolidated returns upon the terms and
conditions as s/he may prescribe. Any application for permission to discontinue
the filing of Missouri consolidated return on account of section (34) shall be
made to the director of revenue on or before the due date (including extensions
of time) for the filing of the Missouri consolidated return for the
year.
(35) Revocation of Right to
File Missouri Consolidated Return. The director of revenue, upon finding that
the filing of Missouri consolidated returns by the affiliated group does not
clearly reflect the Missouri taxable income derived from sources within
Missouri and for the purpose of preventing avoidance of Missouri tax liability,
may terminate the right of an affiliated group to file a Missouri consolidated
return for that year or, in the alternative, may distribute, apportion, or
allocate items of income, deductions, credits, or allowances between or among
the members of the affiliated group so that the portion of the Missouri
consolidated taxable income (all sources) as is derived from sources within
Missouri is clearly reflected. The procedure outlined in sections
143.611-143.691, RSMo, inclusive, shall be applicable to actions of the
director of revenue under this section.
(36) Estimated Tax on Consolidated Basis.
Beginning with its third Missouri consolidated return year, an affiliated group
shall file its declaration of estimated tax on a consolidated basis for that
year and for each subsequent Missouri consolidated return year. The group shall
be treated as a single corporation for purposes of sections
143.531 and
143.541, RSMo (relating to the
declaration and payment of estimated tax). If separate Missouri returns are
filed by the members for a taxable year, the amount of any estimated tax
payments made with respect to a Missouri consolidated declaration of estimated
tax for that year shall be credited against the separate Missouri tax
liabilities of the members in any manner designated by the common parent which
is satisfactory to the director of revenue. The consolidated declaration of
estimated tax shall be filed and payment shall be made by the common
parent.
(37) Estimated Tax on
Separate Basis. For each taxable year preceding the third Missouri consolidated
return year, each member of the affiliated group shall be treated as a separate
corporation for the purposes of sections
143.531 and
143.541, RSMo. For the first two
(2) Missouri consolidated return years, the amount of any estimated tax
payments made for the year by the members of the affiliated group shall be
credited against the Missouri consolidated tax liability of the affiliated
group for that year. A statement shall be attached to the declaration setting
forth the name, address, and federal employer identification number of each
member of the affiliated group as well as the amount of declaration of
estimated tax payments by each member together with the date of each
payment.
(38) Additions to Tax For
Failure to Pay Estimated Tax on Consolidated Basis. If the affiliated group is
required to file a Missouri consolidated declaration of estimated tax under
section (36) of this rule, then, if the group-
(A) Files a Missouri consolidated return for
the taxable year with the term tax shown on the return, for the purposes of
section 143.761.4(1), RSMo, the tax shall be shown on the Missouri consolidated
return for the preceding taxable year, and the term facts shown on the return,
for purposes of section 143.761.4(4), RSMo, the facts shall be shown on the
Missouri consolidated return for the preceding taxable year; or
(B) Does not file a Missouri consolidated
return for the taxable year, the term amount, if any, of the installment paid
by any member, for the purposes of section 143.761.2(2), RSMo, an amount shall
be apportioned to that member in a manner designated by the common parent which
is satisfactory to the director of revenue. For the purposes of section
143.761.4(1), RSMo, the tax shown on the return for any member shall be the
portion of the tax shown on the Missouri consolidated return for the preceding
year allocated to that member in a manner designated by the common parent which
is satisfactory to the director of revenue. For purposes of section
143.761.4(4), RSMo, the facts shown on the return shall be the facts shown on
the Missouri consolidated return for the preceding year and the tax computed
under that section shall be allocated to the members in a manner designated by
the common parent and satisfactory to the director of
revenue.
(39) Additions
to Tax For Failure to Pay Estimated Tax on Separate Basis. If the members of an
affiliated group are treated as separate corporations for the taxable year
under section (37) of this rule and the affiliated group files a Missouri
consolidated return for the year, then, for the purposes of section
143.761.2(1), RSMo, the tax shown on the return for any member shall be the
portion of the tax shown on the Missouri consolidated return allocable to that
member in a manner designated by the common parent and satisfactory to the
director of revenue.
Notes
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