A BILL TO BE ENTITLED
AN ACT to encourage the location and expansion of capital intensive companies in this state. 
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 105‑130.4 is amended by adding a new subsection to read:
"(s1)	All apportionable income of a capital intensive corporation shall be apportioned by multiplying the income by the sales factor as determined under subsection (l) of this section. A 'capital intensive corporation' is a corporation whose property factor as a percentage of the sum of the factors in the formula set out in subsection (i) of this section, including the doubling of the sales factor, exceeds seventy‑five percent (75%). A corporation that is subject to this subsection must list on its return the property, payroll, and sales factors it used in determining whether it is a capital intensive corporation."
SECTION 2.  G.S. 105‑130.4(i) reads as rewritten:
"(i)	All apportionable income of corporations other than public utilities, excluded corporations, and capital intensive corporations shall be apportioned to this State by multiplying the income by a fraction, the numerator of which is the property factor plus the payroll factor plus twice the sales factor, and the denominator of which is four. If the sales factor does not exist, the denominator of the fraction is the number of existing factors and if the sales factor exists but the payroll factor or the property factor does not exist, the denominator of the fraction is the number of existing factors plus one."
SECTION 3.  This act is effective for taxable years beginning on or after January 1, 2010.