Section 34 Eligibility

• Library: Tax Law 2009

An affiliated group of corporations that files a consolidated income tax return for federal income tax purposes may elect to file a Missouri consolidated tax return. Section 143.431.3(1), RSMo Supp. 2007, states that this election is available only to affiliated groups that derive 50% or more of their income from Missouri sources. In General Motors Corp. v. Director of Revenue, 981 S.W.2d 561 (Mo. banc 1998), an affiliated group of corporations challenged this requirement. The Supreme Court of Missouri...