Alaska Statutes
Alaska Stat. § 43.20.021 (2026)
Internal Revenue Code adopted by reference
✓ current as of July 2026
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Sec. 43.20.021. Internal Revenue Code adopted by reference.
(a) Sections 26 U.S.C. 1 — 1399 and 6001 — 7872 (Internal Revenue Code), as amended, are adopted by reference as a part of this chapter. These portions of the Internal Revenue Code have full force and effect under this chapter unless excepted to or modified by other provisions of this chapter.
(b) For purposes of calculating the federal tax payable on personal holding companies provided for in the provisions of 26 U.S.C. 541 (Internal Revenue Code), the rate is 12.6 percent.
(c) For purposes of calculating the alternative tax on capital gains provided for in the provisions of 26 U.S.C. 1201 (Internal Revenue Code), the rate is 4.5 percent for corporations.
(d) Where a credit allowed under the Internal Revenue Code is also allowed in computing Alaska income tax, it is limited to 18 percent for corporations of the amount of credit determined for federal income tax purposes which is attributable to Alaska. This limitation does not apply to a special industrial incentive tax credit under AS 43.20.042.
(e) [Repealed, § 10 ch 1 SSSLA 1980.]
(f) For the purpose of calculating the alternative minimum tax on tax preferences provided for in 26 U.S.C. 55 — 59 (Internal Revenue Code), the tax is 18 percent for corporations of the applicable alternative minimum federal tax.
(g) For purposes of calculating the accumulated earnings tax as provided in 26 U.S.C. 531 (Internal Revenue Code), the rate is 4.95 percent of the first $100,000 of accumulated taxable income and 6.93 percent of accumulated taxable income in excess of $100,000.
(h) Nothing in this chapter or in AS 43.19 (Multistate Tax Compact) may be construed as an exception to or modification of 26 U.S.C. 883.
(i) The provision in (h) of this section does not apply to commercial passenger vessels as defined in AS 43.52.295.
(j) For purposes of calculating interest under the look-back method in 26 U.S.C. 460 (Internal Revenue Code), the rate of interest shall be as provided in that section.
(a) Sections 26 U.S.C. 1 — 1399 and 6001 — 7872 (Internal Revenue Code), as amended, are adopted by reference as a part of this chapter. These portions of the Internal Revenue Code have full force and effect under this chapter unless excepted to or modified by other provisions of this chapter.
(b) For purposes of calculating the federal tax payable on personal holding companies provided for in the provisions of 26 U.S.C. 541 (Internal Revenue Code), the rate is 12.6 percent.
(c) For purposes of calculating the alternative tax on capital gains provided for in the provisions of 26 U.S.C. 1201 (Internal Revenue Code), the rate is 4.5 percent for corporations.
(d) Where a credit allowed under the Internal Revenue Code is also allowed in computing Alaska income tax, it is limited to 18 percent for corporations of the amount of credit determined for federal income tax purposes which is attributable to Alaska. This limitation does not apply to a special industrial incentive tax credit under AS 43.20.042.
(e) [Repealed, § 10 ch 1 SSSLA 1980.]
(f) For the purpose of calculating the alternative minimum tax on tax preferences provided for in 26 U.S.C. 55 — 59 (Internal Revenue Code), the tax is 18 percent for corporations of the applicable alternative minimum federal tax.
(g) For purposes of calculating the accumulated earnings tax as provided in 26 U.S.C. 531 (Internal Revenue Code), the rate is 4.95 percent of the first $100,000 of accumulated taxable income and 6.93 percent of accumulated taxable income in excess of $100,000.
(h) Nothing in this chapter or in AS 43.19 (Multistate Tax Compact) may be construed as an exception to or modification of 26 U.S.C. 883.
(i) The provision in (h) of this section does not apply to commercial passenger vessels as defined in AS 43.52.295.
(j) For purposes of calculating interest under the look-back method in 26 U.S.C. 460 (Internal Revenue Code), the rate of interest shall be as provided in that section.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1982–2024 · leading case: State, Dep't of Revenue v. OSG Bulk Ships, Inc., 961 P.2d 399 (Alaska 1998).
State, Dep't of Revenue v. OSG Bulk Ships, Inc., 961 P.2d 399 (Alaska 1998). “050, AS 43.20.021, and AS 43.20.036. Subsection (d) of that regulation treated transportation equipment “first used” in Alaska as “new property.”
Wien Air Alaska, Inc. v. Dep't of Revenue, 647 P.2d 1087 (Alaska 1982). “AS 43.20.021 was also made retroactive to January 1, 1975.”
Louisiana-Pac. Corp. v. State, Dep't of Revenue, 26 P.3d 422 (Alaska 2001). “That exception refers to AS 43.20.021, the portion of ANITA that incorporates the federal Internal Revenue Code: 8 Internal Revenue Code adopted by reference.”
Comptroller of Treasury v. Gannett Co., 741 A.2d 1130 (Md. 1999). “See Alaska Stat. § 43.20.021 (a) (Lexis 1998); Cal.”
State, Dep't of Revenue v. DynCorp & Subsidiaries, 14 P.3d 981 (Alaska 2000). “CONCLUSION The Office of Tax Appeals erred in finding that DynCorp had reasonable cause for notifying the Department of Revenue of changes to its federal tax returns more than sixty days after the IRS's action.”
Schlumberger Tech. Corp. & Subsidiaries v. State Dep't of Revenue, 331 P.3d 334 (Alaska 2014). “021(a), [then Internal Revenue Code] Section 882, of which Section 883 is merely a 'subset, cannot be 'impliedly' excepted from adoption by AS 43.20.021(a)." We disagree. The legislature apparently made a decision to incorporate the income exclusions contained in § 888 for…”
Pearlstein, J. & K., Aplts. v. Commonwealth (Pa. 2024). “§ 1031”); Alaska Stat. § 43.20.021 (a) (providing that Sections 26 U.”
— Alaska Stat. § 43.20.021(a) — 4 cases
Wien Air Alaska, Inc. v. Dep't of Revenue, 647 P.2d 1087 (Alaska 1982). “AS 43.20.021 was also made retroactive to January 1, 1975.”
State, Dep't of Revenue v. OSG Bulk Ships, Inc., 961 P.2d 399 (Alaska 1998). “050, AS 43.20.021, and AS 43.20.036. Subsection (d) of that regulation treated transportation equipment “first used” in Alaska as “new property.”
Louisiana-Pac. Corp. v. State, Dep't of Revenue, 26 P.3d 422 (Alaska 2001). “That exception refers to AS 43.20.021, the portion of ANITA that incorporates the federal Internal Revenue Code: 8 Internal Revenue Code adopted by reference.”
Schlumberger Tech. Corp. & Subsidiaries v. State Dep't of Revenue, 331 P.3d 334 (Alaska 2014). “021(a), [then Internal Revenue Code] Section 882, of which Section 883 is merely a 'subset, cannot be 'impliedly' excepted from adoption by AS 43.20.021(a)." We disagree. The legislature apparently made a decision to incorporate the income exclusions contained in § 888 for…”
— Alaska Stat. § 43.20.021(d) — 1 case
State, Dep't of Revenue v. OSG Bulk Ships, Inc., 961 P.2d 399 (Alaska 1998). “050, AS 43.20.021, and AS 43.20.036. Subsection (d) of that regulation treated transportation equipment “first used” in Alaska as “new property.”
— Alaska Stat. § 43.20.021(h) — 1 case
Schlumberger Tech. Corp. & Subsidiaries v. State Dep't of Revenue, 331 P.3d 334 (Alaska 2014). “021(a), [then Internal Revenue Code] Section 882, of which Section 883 is merely a 'subset, cannot be 'impliedly' excepted from adoption by AS 43.20.021(a)." We disagree. The legislature apparently made a decision to incorporate the income exclusions contained in § 888 for…”
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