Section 402.2. Interests in Unincorporated Entities.--(a) Except as set forth in subsection (b), for purposes of this article, a corporation's interest in an entity which is not a corporation shall be considered a direct ownership interest in the assets of the entity rather than an intangible interest.
(b) Subsection (a) does not apply to a corporation's interest in an entity described in section 401(1)1 or section 401(1)2 other than:
(1) A business trust which is a real estate investment trust as defined in section 856 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 856) more than fifty per cent of the voting power or value of the beneficial interests or shares of which are owned or controlled, directly or indirectly, by a single corporation that is not:
(i) a real estate investment trust as defined in section 856 of the Internal Revenue Code of 1986;
(ii) a qualified real estate investment trust subsidiary under section 856(i) of the Internal Revenue Code of 1986;
(iii) a regulated financial institution; or
(iv) formed as a holding company, subsidiary or affiliate of a regulated financial institution prior to December 1, 2003.
(2) A business trust which is a qualified real estate trust subsidiary under section 856(i) of the Internal Revenue Code of 1986 owned, directly or indirectly, by a real estate investment trust as defined in section 856 of the Internal Revenue Code of 1986 more than fifty per cent of the voting power or value of the beneficial interests or shares of which are owned or controlled, directly or indirectly, by a single corporation that is not:
(i) a real estate investment trust as defined in section 856 of the Internal Revenue Code of 1986;
(ii) a qualified real estate investment trust subsidiary under section 856(i) of the Internal Revenue Code of 1986;
(iii) a regulated financial institution; or
(iv) formed as a holding company, subsidiary or affiliate of a regulated financial institution prior to December 1, 2003.
((b) amended Dec. 23, 2003, P.L.250, No.46)
(402.2 added June 29, 2002, P.L.559, No.89 and amended Dec. 30, 2002, P.L.2080, No.232)
Compiler's Note: Section 33(9) of Act 46 of 2003, which added subsection (b), provided that the amendment shall apply to tax years beginning after December 31, 2003.
Compiler's Note: Section 2 of Act 232 of 2002, which amended section 402.2, provided that the General Assembly finds and declares that the amendment of section 402.2 is intended to clarify existing law and shall not be construed to change that law.