HB0113a -1- HB 113 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0641\A HOUSE BILL NO. 113 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - FIRST SESSION BY THE HOUSE LABOR AND COMMERCE COMMITTEE Introduced: 2/24/25 Referred: Labor and Commerce, Finance A BILL FOR AN ACT ENTITLED "An Act relating to a tax exemption for qualified small businesses; and providing for an 1 effective date." 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 * Section 1. AS 43.20.012(a) is amended to read: 4 (a) The tax imposed by this chapter does not apply to 5 (1) an individual; 6 (2) a fiduciary; 7 (3) the income received by a regional association qualified under 8 AS 16.10.380 or nonprofit corporation holding a hatchery permit under AS 16.10.400 9 from the sale of salmon or salmon eggs under AS 16.10.450 or from a cost recovery 10 fishery under AS 16.10.455; [OR] 11 (4) the income received by a nonprofit corporation holding a permit 12 under AS 16.12.010 from the sale of shellfish under AS 16.12.080 or from a cost 13 recovery fishery under AS 16.12.090; or 14 34-LS0641\A HB 113 -2- HB0113a New Text Underlined [DELETED TEXT BRACKETED] (5) an Alaska corporation that is a qualified small business and 1 that meets the active business requirements in 26 U.S.C. 1202(e), as that 2 subsection read on January 1, 2012. 3 * Sec. 2. AS 43.20.012 is amended by adding new subsections to read: 4 (e) For the purposes of (a)(5) of this section, 5 (1) whether a corporation qualifies under (a)(5) of this section shall be 6 determined on the first day of the tax year for which the corporation claims it qualifies 7 under (a)(5) of this section; 8 (2) all corporations that are members of the same parent-subsidiary 9 controlled group shall be treated as one corporation. 10 (f) In this section, 11 (1) "Alaska corporation" means a corporation that has been 12 incorporated in the state or is authorized to do business in the state; 13 (2) "parent-subsidiary controlled group" has the meaning given in 26 14 U.S.C. 1202, as that section read on January 1, 2012; 15 (3) "qualified small business" has the meaning given in 26 U.S.C. 16 1202, as that section read on January 1, 2012, and does not include a construction, 17 transportation, utility, or fisheries business. 18 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 APPLICABILITY. AS 43.20.012(a), as amended by sec. 1 of this Act, and 21 AS 43.20.012(e) and (f), enacted by sec. 2 of this Act, apply to the tax year of a corporation 22 beginning on or after the effective date of this Act. 23 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c). 24