for taxable years beginning after December 31, 2006.
(III) The greater of fifteen per cent of the taxable income
as determined under subclause 1 or, if applicable, subclause 2
or three million dollars ($3,000,000) for taxable years
beginning after December 31, 2008.
(IV) The greater of twenty per cent of the taxable income as
determined under subclause 1 or, if applicable, subclause 2 or
three million dollars ($3,000,000) for taxable years beginning
after December 31, 2009.
(V) The greater of twenty-five per cent of taxable income as
determined under subclause 1 or, if applicable, subclause 2 or
four million dollars ($4,000,000) for taxable years beginning
after December 31, 2013.
(VI) The greater of thirty per cent of taxable income as
determined under subclause 1 or, if applicable, subclause 2 or
five million dollars ($5,000,000) for taxable years beginning
after December 31, 2014.
(VII) Thirty-five per cent of taxable income as determined
under subclause 1 or, if applicable, subclause 2 for taxable
years beginning after December 31, 2017.
(VIII) Forty per cent of taxable income as determined under
subclause 1 or, if applicable, subclause 2 for taxable years
beginning after December 31, 2018.
(3) Any member of a unitary business that has unused net
loss from taxable years that began prior to January 1, 2019, or
that generate net losses while a member of a unitary business
may only use the net loss for taxable years beginning after
December 31, 2018, and only to the extent of the member's
apportionable share of combined business income and may not be
used by other members of the same unitary business.
(4) Any net loss realized for a taxable year that begins
after December 31, 2018, unused by a corporation which
subsequently becomes a member of another unitary business, may
only be used by that corporation.
* * *
(5) "Taxable year." [The] 1. Except as set forth in
subclause 2, the taxable year which the corporation, or any
consolidated group with which the corporation participates in
the filing of consolidated returns, actually uses in reporting
taxable income to the Federal Government[.], or which the
corporation would have used in reporting taxable income to the
Federal Government had it been required to report its taxable
income to the Federal Government. With regard to the tax imposed
by Article IV of this act (relating to the Corporate Net Income
Tax), the terms "annual year," "fiscal year," "annual or fiscal
year," "tax year" and "tax period" shall be the same as the
corporation's taxable year, as defined in this [paragraph]
subclause or subclause 2.
2. All members of a unitary business shall have a common
taxable year for purposes of computing tax due under this
article. The taxable year for such purposes is the common
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