1. (a) For the purposes of Emp 307, an employee leasing arrangement shall not include common paymaster arrangements wherein an employer shares employees with a commonly owned company within the meaning of Section 414(b) and (c) of the Internal Revenue Code of 1986, and which does not hold itself out as an employee leasing company.
2. (b) A company shall not be considered to hold itself out as an employee leasing company unless its primary business purpose is providing leased employees to client companies which are unrelated to it.

3. (c) Client companies shall not be considered unrelated to leasing companies if:

   1. (1) Either company is owned in whole, or in part, by the other;
   2. (2) The companies are owned in whole, or in part, directly, or indirectly, by entities with one or more of the same investors, directors, or persons with policy-making roles;
   3. (3) One of the companies directly or indirectly controls the other;
   4. (4) The companies are directly or indirectly controlled by the same entity or related entities; or
   5. (5) There are similar financial interests, ownership or control between or among the companies.
4. (d) An ownership interest of less than 5 percent shall be disregarded in applying paragraph (c).

Source. #5815, eff 4-22-94; ss by INTERIM #5919,eff 11-5-94, EXPIRED: 3-5-95 New. #6142, eff 12-20-95; ss by #8002, INTERIM, eff 12-20-03, EXPIRES: 6-17-04; ss by #8089, eff 5-27-04; renumbered by #10081 (formerly Emp 306.03), EXPIRED: 5-27-12 New. #10500, INTERIM, eff 12-31-13, EXPIRES: 6-30-14; ss by #10630, eff 6-30-14