00 SENATE CS FOR CS FOR HOUSE BILL NO. 252(L&C) 01 "An Act exempting certain small businesses from the corporate income tax; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 43.20.012 is amended to read: 05 Sec. 43.20.012. Limitation on application of chapter; credits. (a) The tax 06 imposed by this chapter does not 07 (1) apply to an individual;  08 (2) apply to a fiduciary; or  09 (3) for the 10 tax years beginning after December 31, 2012, or for  10 the 10 tax years immediately following the first year a corporation has taxable  11 income, apply to an Alaska corporation that is a qualified small business and that  12 meets the active business requirement in 26 U.S.C. 1202(e) as that subsection  13 read on January 1, 2012 [APPLY TO INDIVIDUALS OR TO FIDUCIARIES]. 14 (b) An [HOWEVER, AN] individual may file a return under this chapter in 01 order to receive a tax credit under AS 43.20.013. 02  * Sec. 2. AS 43.20.012 is amended by adding new subsections to read: 03 (c) For the purposes of (a)(3) of this section, 04 (1) whether a corporation qualifies under (a)(3) of this section shall be 05 determined on the first day of the tax year for which the corporation claims it qualifies 06 under (a)(3) of this section; 07 (2) all corporations that are members of the same parent-subsidiary 08 controlled group shall be treated as one corporation. 09 (d) In this section, 10 (1) "Alaska corporation" means a corporation that has been 11 incorporated in the state or is authorized to do business in the state; 12 (2) "parent-subsidiary controlled group" has the meaning given in 26 13 U.S.C. 1202 as that section read on January 1, 2012; 14 (3) "qualified small business" has the meaning given in 26 U.S.C. 1202 15 as that section read on January 1, 2012, and does not include a construction, 16 transportation, utility, or fisheries business. 17  * Sec. 3. AS 43.20.012 is repealed and reenacted to read: 18 Sec. 43.20.012. Limitation on application of chapter; credits. The tax 19 imposed by this chapter does not apply to individuals or to fiduciaries. However, an 20 individual may file a return under this chapter to receive a tax credit under 21 AS 43.20.013. 22  * Sec. 4. Sections 1 and 2 of this Act take effect July 1, 2012. 23  * Sec. 5. Section 3 of this Act takes effect July 1, 2023.