HB2085ham001 101ST GENERAL ASSEMBLY

Rep. Gregory Harris

Filed: 3/25/2019

10100HB2085ham001 LRB101 08842 HLH 58330 a

AMENDMENT TO HOUSE BILL 2085

AMENDMENT NO. ______. Amend House Bill 2085 by replacing everything from line 16 on page 171 through line 18 on page 172 with the following:

"(A) The term "unitary business group" means a group of persons related through common ownership whose business activities are integrated with, dependent upon and contribute to each other. The group will not include those members whose business activity outside the United States is 80% or more of any such member's total business activity and, for taxable years ending on or after December 31, 2019, in the case of a member other than an individual, who is not a "United States Person" within the meaning of Section 7701(a)(30) of the Internal Revenue Code; for purposes of this paragraph and clause (a)(3)(B)(ii) of Section 304, business activity within the United States shall be measured by means of the factors ordinarily applicable under subsections (a), (b), (c), (d), or (h) of Section 304 except that, in the case of members ordinarily required to apportion business income by means of the 3 factor formula of property, payroll and sales specified in subsection (a) of Section 304, including the formula as weighted in subsection (h) of Section 304, such members shall not use the sales factor in the computation and the results of the property and payroll factor computations of subsection (a) of Section 304 shall be divided by 2 (by one if either the property or payroll factor has a denominator of zero). The computation required by the preceding sentence shall, in each case, involve the division of the member's property, payroll, or revenue miles in the United States, insurance premiums on property or risk in the United States, or financial organization business income from sources within the United States, as the case may be, by the respective worldwide figures for such items. Common ownership in the case of".