8 CSR 10-4.190 - State Unemployment Tax Act Dumping
PURPOSE: This rule implements federally mandated legislation regarding State Unemployment Tax Act Dumping under the Missouri Employment Security Law, section 288.110.2, RSMo.
(1) When used in section 288.110.2, RSMo the
following terms mean:
(A) "Substantially
common ownership" exists if, on the date of an acquisition of the organization,
trade or business of an employing unit, a shareholder, officer, or other owner
of a legal or equitable interest in the predecessor employing unit, or the
spouse, natural child, stepparent, stepsibling, or a person within the first or
second degree of consanguinity or affinity or secondary affinity of the
shareholder, officer, or other owner:
1. Is a
shareholder, officer or other owner of a legal or equitable interest in the
successor-employing unit; or
2.
Holds an option to purchase a legal or equitable interest in the
successor-employing unit.
(B) "Substantially common management or
control" exists if, after the acquisition of the organization, trade or
business of an employing unit, the predecessor-employing unit continues to:
1. Own or manage the entity that conducts the
organization, trade or business;
2.
Own or manage the assets necessary to conduct the organization, trade, or
business;
3. Control through
security or lease arrangements the assets necessary to conduct the
organization, trade or business; or
4. Direct the internal affairs or conduct of
the organization, trade or business.
Notes
*Original authority: 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.
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