48-7-24
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48-7-24.
(a)
When one or more of the individual members of a partnership doing business in
this state are nonresidents of this state, the nonresidents shall be taxable on
their share of the net profits of the partnership.
(b)
When one or more of the individual members of a partnership doing business
outside this state are residents of this state, the residents shall include in
their individual returns their distributable share, whether distributed or not,
of the net income of the partnership for the taxable year.
(c)
Notwithstanding any other provision of this chapter to the contrary, the
distributive share of a nonresident member of a resident limited partnership or
other similar nontaxable entity which derives income exclusively from buying,
selling, dealing in, and holding securities on its own behalf and not as a
broker shall not constitute taxable income under this chapter. For purposes of
this subsection, a resident limited partnership or similar nontaxable entity
shall not include a family limited partnership or similar nontaxable entity the
majority interest of which is owned by one or more natural or naturalized
citizens related to each other within the fourth degree of reckoning according
to the laws of descent and distribution. This subsection shall not apply to a
person that participates in the management of the resident limited partnership
or other similar nontaxable entity or that is engaged in a unitary business with
another person that participates in the management of the resident limited
partnership or other similar nontaxable entity.