Any corporation electing or required to file a consolidated income tax return with the Internal Revenue Service must determine its State net income as if the corporation had filed a separate federal return and shall not file a consolidated or combined return with the Secretary unless one of the following applies:

(1)        The corporation is specifically directed in writing by the Secretary under N.C. Gen. Stat. § 105-130.5A to file a consolidated or combined return.

(2)        Repealed by Session Laws 2012-79, s. 1.14(c), effective June 26, 2012.

(3)        Pursuant to a written request from the corporation under N.C. Gen. Stat. § 105-130.5A, the Secretary has provided written advice to the corporation stating that the Secretary will allow a consolidated or combined return under the facts and circumstances set out in the request and the corporation files a consolidated or combined return in accordance with that written advice. ?(1967, c. 1110, s. 3; 1973, c. 476, s. 193; 2010-31, s. 31.10(e); 2012-79, s. 1.14(c).)