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42.9.101    DEFINITIONS

The following definitions apply to this chapter:

(1) "Eligible participant" means a partner of a partnership or a shareholder of an S corporation that is a nonresident individual, a foreign C corporation, or a pass-through entity whose only Montana source income for the tax year is from partnerships or S corporations electing to file composite returns and pay composite taxes on their behalf.

(2) "Foreign C corporation" means a corporation that is not engaged in or doing business in the state. "Engaged in business" and "doing business" are defined in 15-31-101 , MCA, and ARM 42.23.102.

(3) A participant's "share of a partnership's or S corporation's income" is the aggregate of his, her, or its share of the pass-through entity's income, gain, loss, or deduction or item of income, gain, loss, or deduction.

History: Sec. 15-30-305 and 15-30-1112, MCA; IMP, Sec. 15-30-1111, 15-30-1112, and 15-30-1113, MCA; NEW, 1996 MAR p. 2985, Eff. 10/4/96; TRANS, from ARM 42.15.701 and AMD, 2002 MAR p. 3708, Eff. 12/27/02; AMD, 2004 MAR p. 2751, Eff. 11/5/04.

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