Revenue Notice #08-04: Corporate Income Tax Apportionment of Income; Two-Factor and One-Factor Weighted Formulas; Revocation of Revenue Notice # 02-06 Minnesota Department of Revenue


Unless that lost revenue is collected from other sources, less funding will be available for important programs like education, public safety, and health care, which would mean more job losses for teachers, police officers, and first responders. C2ER presents award to ECG’s ED Technical Solutions team for its contribution of research activities to the success of local, regional, or state/provincial economic development initiatives.

What does to be apportioned mean?

Definition of apportion

transitive verb. : to divide and share out according to a plan especially : to make a proportionate division or distribution of Representatives are apportioned among the states.

The sale of the fulfillment services of Fulfillment Corp to Sales Corp is assigned to Massachusetts to the extent that Fulfillment Corp’s deliveries on behalf of Sales Corp are to recipients in Massachusetts. 7.Sale, Exchange, or Other Disposition of Fixed Assets. In the case of the sale, exchange or other disposition of a fixed asset used in a taxpayer’s trade or business, such as property, plant or equipment, sales are measured by the gain from such transaction. Gain from the disposition of a fixed asset shall include deemed gain from a transaction that is treated under the Code as a sale of a taxpayer’s assets and that results in the taxpayer’s recognition of income for Massachusetts purposes. For example, gain from the deemed sale of assets by a target corporation under Code § 338 is included in a target’s sales factor.

The requirement for making these payments is based on the amount of the total tax liability shown on the most recent return. Revenues collected from general business corporations are deposited in the State Treasury for general State use. Revenues collected from banking and financial corporations are distributed 25% to counties, 25% to municipalities, and 50% to the State. The tax rate on net pro rata share of S corporation income allocated to New Jersey for non-consenting shareholders for tax year 2010 periods beginning 8/09 through 12/09 is 10.75% (.1075); periods beginning on and after 1/10 is 8.97 (.0897). In applying the hierarchy of sourcing methods, a taxpayer cannot simply pick its preferred method and claim that it was unable to apply the earlier rules. Instead, the statute provides that the taxpayer “must exercise due diligence” under each method before rejecting it and proceeding to the next and must base its determination on “information known to the taxpayer or information that would be known to the taxpayer upon reasonable inquiry” [N.Y.

Georgia’s Pro-Business Tax Formula

U.S. states apportion business profits based on some combination of the percentage of company property, payroll, and sales located within their borders. Some states have even adopted a “single-sales factor” formula, in which all that counts is what percentage of the company’s sales are in that state. To see how this has increased the amount of nowhere income, consider the example of Nails Inc.

The operations of Famous and Unknown are not related business activities. Any gain or loss on the sale of the Unknown stock is excluded from Famous’ taxable net income and is not apportioned to Massachusetts. Famous must disclose the nature and amount of the excluded gain or loss on its Massachusetts return. Taxable Net Income, the part of the net income of a taxpayer derived from the taxpayer’s business activities carried on in Massachusetts and which is adjusted as required by the applicable provisions of M.G.L. c.

Franchise Tax Returns and Information Reports

(See the table below for CIT revenues and estimates from 2003 to 2016.) As the economy continues to recover, corporate profits—and the CIT revenues they generate—will bounce back. But if the state implements SSFF, it will collect as much as half of what it otherwise would have—meaning as little as $62.5 million in FY10. For tax years beginning on or after January 1, 1989 and before May 1, 2003, if the denominator of the property, payroll, or sales factor is zero, the denominator of the apportionment formula is reduced by the number of factors with a denominator of zero.

What is apportionment in accounting?

An apportionment is the separation of revenues, expenses, or profits, which are then assigned to different accounts, departments, or subsidiaries.

This revenue notice is issued pursuant to Minnesota Statutes, section 290.20; the allocation of income using the three-factor formula does not fairly reflect taxable net income allocable to this state when a taxpayer does not have three factors. Business income is income from the regular course of trade or business and/or income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the corporation’s regular trade or business operations. States capture income from nowhere sales by requiring companies either to subtract, or throwout, nowhere sales from total sales or add, or throwback, nowhere sales to in-state sales. Either method increases the relative weight of in-state sales in the sales factor, thus increasing the income apportioned to the taxing state. You asked what types of corporation tax income apportionment formulas states use and how many states have “throwout” and “throwback” rules.

Location Georgia

In the case of the delivery of a service to an individual customer by electronic transmission, the service is delivered in Massachusetts if and to the extent that the taxpayer’s customer receives the service in Massachusetts. If the taxpayer can determine the state or states where the service is received, it shall assign the sale to such state or states. Salon Corp has retail locations in Massachusetts and in other states where it provides hair cutting services to individual and business customers, the latter of whom are paid for through the means of a company account.

The tax also applies to joint-stock companies or associations, business trusts, limited partnership associations, financial business corporations, and banking corporations, including national banks. Also, a corporation is defined as any other entity classified as a corporation for federal income tax purposes and any state or federally chartered building and loan association or savings and loan association. States use different apportionment formulas and different sourcing rules to attribute sales to a state. In the sales formula, sales can be assigned based on “cost of performance,” where income-producing activities are performed and costs are incurred, or “market-based,” where customers are located or goods and services are delivered. Property not Sold by Agent Who is Chiefly Situated at, Connected with or Sent Out From Taxpayer’s Owned or Rented Business Premises Outside of Massachusetts.

Unclaimed Property

The annual tax based on net worth (capital stock + retained earnings) is called a license or occupational tax in Georgia. Most states refer to the tax on net worth either as a franchise or privilege tax. Domestic corporations are taxed on 100 percent of net worth. Foreign (out-of-state) corporations are taxed only on net worth apportioned to Georgia.


Property rented by the taxpayer is valued at 8 times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals. An agreement or covenant not to compete in a specified geographic area requires the contract party to refrain from conducting certain business activity in that specified area. In the case of an agreement or covenant not to compete the receipts are to be assigned to a state based upon the percentage that reflects the state’s population in the U.S. geographic area specified in the contract relative to the total population in such area. Ad Corp is a corporation based outside Massachusetts that provides advertising and advertising-related services in Massachusetts and in neighboring states.

The receipts factor is a fraction, the numerator of which is the receipts of the taxpayer in this State during the taxable year and the denominator of which is the receipts of the taxpayer in and outside this State during the taxable year. The method of calculating receipts for purposes of the denominator is the same as the method used in determining receipts for purposes of the numerator. The receipts factor includes only those receipts described in this subsection that are included in the computation of the apportionable income base for the taxable year. A factor is inapplicable and, consequently, is not used to calculate a taxpayer’s apportionment percentage if the denominator of the factor is less than 3.33 percent of the taxpayer’s taxable net income, or if the factor is otherwise determined to be insignificant in producing income. “Business customer” means a customer that is a business operating in any form, including an individual that operates a business through the form of a sole proprietorship. Sales to a non-profit organization, to a trust, to the U.S.

Individual and Consumption Taxes

The related entities included in the unitary combination may be worldwide entities or only entities within the United States, depending on the state. The latter is known as water’s edge combined reporting. The Corporation Business Tax on regulated investment companies was eliminated (P.L. 1983, c. 75), approved on February 24, 1983. Regulated investment companies in New Jersey were formerly taxed on both entire net worth and entire net income. These taxes were eliminated and a flat tax of $500 per year was imposed. For privilege periods beginning in calendar year 2012, regulated investment companies are subject to the same minimum tax on gross receipts as C corporations.

Assuming that Taxpayer A is not taxable in Connecticut, all sales of tangible personal property made by Tom to purchasers in Connecticut are attributed to Massachusetts. Salesman Bob operates out of his New Hampshire residence and solicits orders throughout New Hampshire and Maine. Bob regularly visits, reports to, and sends orders for approval to Saleswoman Barbara at the branch office in Massachusetts. Based on the facts, Bob is “sent out from” the taxpayer’s rented branch sales office in Massachusetts. Assuming Taxpayer A is not taxable in New Hampshire and Maine, all sales of tangible personal property made by Bob to purchasers in New Hampshire and Maine are attributed to Massachusetts.

  • When calculating corporate franchise or income taxes, most states use apportionment formulas that weight the sales factor more heavily than property or payroll factors.
  • Your comprehensive guide to the Act’s many changes to the Internal Revenue Code, and their implications for businesses and individuals.
  • A state that short-changes its investments in public structures in order to lure corporations may, in fact, end up making itself less attractive to business, especially those with high paying jobs requiring a well-educated workforce.
  • But, a state can recoup some taxable income by changing the treatment of so-called “nowhere sales” in the sales factor.

For example, Pennsylvania assigns a sale of services to in-state sources if the service is delivered to a location in Pennsylvania. If the state in which the service is delivered cannot be determined for a customer who is an individual and is not a sole proprietor, the sale is assigned to Pennsylvania if the customer’s billing address is in Pennsylvania [72 Pa. A handful of states, including Illinois, Massachusetts and Tennessee, have enacted throw-out rules that require the taxpayer to exclude a sale from the sales factor if the taxpayer is not taxable in the state of assignment or if the state of assignment cannot be determined.

Fallback rules.

State of the Purchaser, the state to which tangible personal property sold by a taxpayer is ultimately shipped or delivered. In the case of a third party recipient who receives the tangible personal property by direct shipment from the taxpayer at the direction of the purchaser, the “state of the purchaser” is the state of the third party recipient. Person, a natural or legal person, including, but not limited to, an individual, corporation, corporate trust, limited liability company, partnership, or S corporation. Taxpayers who are apportioning business income must complete a separate Form MI-1040H for each business entity unless an eligible taxpayer elects to combine apportionment of unitary businesses. Example 2 illustrates the application of the two-factor weighted formula, using as an example a taxpayer with no sales and hence no sales factor. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee (“DTTL”), its network of member firms, and their related entities.

  • Consequently, CPAs must carefully analyze the tax laws of each state applicable to their clients to determine the proper treatment of each sale.
  • Under the primary rule, a sale is in Massachusetts if the property is delivered or shipped to a purchaser, including the United States government, who takes possession within Massachusetts, regardless of the F.O.B. point or other conditions of sale.
  • Examples of a license of a production intangible include, without limitation, the license of a patent, a copyright, or trade secrets to be used in a manufacturing process, where the value of the intangible lies predominately in its use in such process.
  • States can let companies use specific apportionment formulas that are suitable for their situation.
  • For example, for purposes of computing the Illinois sales factor, sales of services to a corporation, partnership, or trust are assigned to Illinois if the services are received in the state and the customer has a fixed place of business in the state.

The tax effect of the throwout rule on an affiliated or controlled group having $20 million or more in net income is capped at $5 million. 367, approved in 1974, eliminated the requirement for a certificate to be obtained in the case of merger or consolidation involving a domestic or foreign corporation qualified to transact business in New Jersey. 23, provides for a three-year phase-out of the corporate taxation of the regular income of S corpo­rations with annual income in excess of $100,000, and for S corporations whose net income is under $100,000 whose privilege periods end on or after July 1, 2001.

What Location Matters Can Tell Us About State Tax Competitiveness

Do not include Social Security numbers or any personal or confidential information. Use Apportionment and Allocation of Income to help you calculate California net income. Get the insight and tools you need to fully understand and comply with changes resulting from this major tax reform. Updated in line with the Tax Cuts and Jobs Act, the Quickfinder Small Business Handbook is the tax reference no small business or accountant should be without. Your online resource to get answers to your product and industry questions.


However, the US Senate, whose consent was required to ratify the treaty, rejected this provision, and the treaty was amended by a protocol in 1979. The Supreme Court explicitly held worldwide unitary combination as constitutional in separate cases in 1983 and 1994 (Barclays Bank PLC v. Franchise Tax Board). In 1985 the United Kingdom passed retaliatory legislation which would have overridden the UK-US tax treaty and denied significant UK tax benefits to corporations headquartered in US states which applied worldwide unitary taxation. This and further pressure from foreign governments, the executive branch and multinational corporations led US states to adopt a “water’s edge” limitation on unitary combination, allowing taxpayers to decide for themselves whether or not to include foreign entities in their combined reporting. Two changes in 1993 brought New Jersey corporation tax law into closer alignment with Federal corporation tax law. Chapter 172 allows corporations to use the Federal modified accelerated cost recovery system for depreciation of property under the New Jersey Corporation Business Tax for property placed in service for accounting years beginning after July 7, 1993.

Rents include amounts that are calculated as a percentage of sales or profits, and amounts payable as additional rent or in lieu of rent, such as interest, taxes, insurance, repairs, or any other items which are required to be paid by the terms of the rental agreement. If a payment includes rent and bona fide service charges, and the amounts are not segregated, the amount of the rental shall be determined on the basis of the relative fair CORPORATION TAX INCOME APPORTIONMENT FORMULAS market values of the property and the services provided. A taxpayer’s taxable year for Massachusetts tax purposes is any fiscal or calendar year or period for which the taxpayer is required to file a federal return. A taxpayer that engages in business in Massachusetts for all or part of its taxable year must file a Massachusetts return for the full federal year or period, and the apportionment factors must reflect the full year or period.

Bryan Holm is a Manager in the Cherry Hill, NJ office of HBK CPA’s and Consultants. He joined the firm in 2021 as a member of the HBK State and Local Tax team. His background includes working with top 10 accounting firms.

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Alternative apportionment formulas may be used where the standard formula for a state does not accurately reflect the business’ activity in the state, along with other special rules for different situations. Total revenue is determined from revenue amounts reported for federal income tax minus statutory exclusions. “Approval” is the procedure by which employees or the board of directors of the taxpayer make the final determination of whether to enter into an agreement. If the board of directors makes the final determination, the activity is located at the commercial domicile of the taxpayer. The numerator of the receipts factor includes interest and fees or penalties in the nature of interest from loans located in the State. The determination of whether the real property securing a loan is located in the State must be made at the time the original agreement was made and any and all subsequent substitutions of collateral are disregarded. All of a financial institution’s net income and end-of-year assets are apportioned to this State by multiplying the income and the assets by a fraction, the numerator of which is the property factor plus the payroll factor plus 2 times the receipts factor and the denominator of which is 4.

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