Legislation
SECTION 43*2
Single member limited liability companies and eligibility for tax credits
Tax (TAX) CHAPTER 60, ARTICLE 1
* § 43. Single member limited liability companies and eligibility for
tax credits. A limited liability company that has a single member and is
disregarded as an entity separate from its owner for federal income tax
purposes (without reference to any special rules related to the
imposition of certain federal taxes, including but not limited to
certain employment and excise taxes) shall be disregarded as an entity
separate from its owner for purposes of determining whether or not the
taxpayer that is the single member of such limited liability company
satisfies the requirements to be eligible for any tax credit allowed
under article nine, nine-A, twenty-two or thirty-three of this chapter
or allowed under article thirty-two of this chapter prior to the repeal
of such article. Such requirements, including but not limited to any
necessary certification, employment or investment thresholds, payment
obligations, and any time period for eligibility, shall be imposed on
the taxpayer and the determination of whether or not such requirements
have been satisfied and the computation of the credit shall be made by
deeming such taxpayer and such limited liability company to be a single
entity. If the taxpayer is the single member of more than one limited
liability company that is disregarded as an entity separate from its
owner, the determination of whether or not the requirements to be
eligible for any tax credit allowed under article nine, nine-A,
twenty-two or thirty-three of this chapter or allowed under article
thirty-two of this chapter prior to the repeal of such article have been
satisfied and the computation of the credit shall be made by deeming
such taxpayer and such limited liability companies to be a single
entity.
* NB There are 2 § 43's
tax credits. A limited liability company that has a single member and is
disregarded as an entity separate from its owner for federal income tax
purposes (without reference to any special rules related to the
imposition of certain federal taxes, including but not limited to
certain employment and excise taxes) shall be disregarded as an entity
separate from its owner for purposes of determining whether or not the
taxpayer that is the single member of such limited liability company
satisfies the requirements to be eligible for any tax credit allowed
under article nine, nine-A, twenty-two or thirty-three of this chapter
or allowed under article thirty-two of this chapter prior to the repeal
of such article. Such requirements, including but not limited to any
necessary certification, employment or investment thresholds, payment
obligations, and any time period for eligibility, shall be imposed on
the taxpayer and the determination of whether or not such requirements
have been satisfied and the computation of the credit shall be made by
deeming such taxpayer and such limited liability company to be a single
entity. If the taxpayer is the single member of more than one limited
liability company that is disregarded as an entity separate from its
owner, the determination of whether or not the requirements to be
eligible for any tax credit allowed under article nine, nine-A,
twenty-two or thirty-three of this chapter or allowed under article
thirty-two of this chapter prior to the repeal of such article have been
satisfied and the computation of the credit shall be made by deeming
such taxpayer and such limited liability companies to be a single
entity.
* NB There are 2 § 43's