43-1126. Small business corporation; election
as to taxable status; return; termination
A. A small business corporation which makes an election for a taxable year pursuant
to subtitle A, chapter 1, subchapter S of the internal revenue code is not subject to the
taxes imposed by this chapter for such year but only to the extent such corporation is
not subject to federal income taxes.
B. An electing small business corporation shall file with the department an annual
return, in a form prescribed by the department, on or before the fifteenth day of the
third month following the close of the taxable year. The return shall show the name and
address of each stockholder of the corporation and their respective pro rata share of
income or loss. The allocation and apportionment of income of a small business
corporation which has nonresident stockholders shall be made pursuant to article 4 of
this chapter.
C. An election under this section is effective for the taxable year for which it
is made and for all succeeding taxable years unless the corporation terminates its
election pursuant to section 1372 of the internal revenue code.
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