§ 15-30-3328

15-30-3328. Pass-through entity tax -- refundable credit -- credit for taxes paid to another state. (1) An owner that is not a pass-through entity may claim the distributive share of the owner's entity tax paid by an electing pass-through entity as a refundable credit against the taxes under this chapter. (2) An owner that is an electing pass-through entity shall claim its distributive share of entity tax paid by another pass-through entity as a refundable credit against the taxes under 15-30-3312, 15-30-3313, or 15-30-3326(1). (3) An owner that is not an electing pass-through entity must allocate its distributive share of entity tax paid by another pass-through entity and any amount of estimated tax paid to owners subject to tax under this chapter based on the owner's share of profit and loss. The owner that is not an electing pass-through entity may claim the remainder as an overpayment or refund. (4) Sections 15-30-3325 through 15-30-3328 do not prevent a resident owner from claiming a credit for taxes paid to another state as provided in 15-30-2302. History: En. Sec. 4, Ch. 702, L. 2023.