Rep. Gregory Harris
Filed: 3/25/2019
 
 

 

 

 
10100HB2085ham001LRB101 08842 HLH 58330 a



1
AMENDMENT TO HOUSE BILL 2085 




2    AMENDMENT NO. ______. Amend House Bill 2085 by replacing 
3everything from line 16 on page 171 through line 18 on page 172 
4with the following:


5            "(A) The term "unitary business group" means
a 
6        group of persons related through common ownership 
7        whose business activities
are integrated with, 
8        dependent upon and contribute to each other.  The group

9        will not include those members whose business activity 
10        outside the United
States is 80% or more of any such 
11        member's total business activity and, for taxable 
12        years ending on or after December 31, 2019, in the case 
13        of a member other than an individual, who is not a 
14        "United States Person" within the meaning of Section 
15        7701(a)(30) of the Internal Revenue Code; for
purposes 
16        of this paragraph and clause (a)(3)(B)(ii) of Section 
17        304,
business
activity within the United States shall 
18        be measured by means of the factors
ordinarily 
 
 
10100HB2085ham001- 2 -LRB101 08842 HLH 58330 a

1        applicable under subsections (a), (b), (c), (d), or (h)

2        of Section
304 except that, in the case of members 
3        ordinarily required to apportion
business income by 
4        means of the 3 factor formula of property, payroll and 
5        sales
specified in subsection (a) of Section 304, 
6        including the
formula as weighted in subsection (h) of 
7        Section 304, such members shall
not use the sales 
8        factor in the computation and the results of the 
9        property
and payroll factor computations of subsection 
10        (a) of Section 304 shall be
divided by 2 (by one if 
11        either
the property or payroll factor has a denominator 
12        of zero). The computation
required by the preceding 
13        sentence shall, in each case, involve the division of

14        the member's property, payroll, or revenue miles in the 
15        United States,
insurance premiums on property or risk 
16        in the United States, or financial
organization 
17        business income from sources within the United States, 
18        as the
case may be, by the respective worldwide figures 
19        for such items.  Common
ownership in the case of".