State Codes and Statutes

Statutes > New-york > Tax > Article-13 > 293

§  293.    Allocation  of unrelated business taxable income.  (a)  The  portion of the unrelated business taxable income of  a  taxpayer  to  be  allocated  within  this  state  shall  be  determined by multiplying its  unrelated business taxable income by  an  allocation  percentage  to  be  determined by:    (1)    ascertaining  the  percentage  which  the  average value of the  taxpayer's real and tangible personal property in its unrelated trade or  business within the state during the period covered  by  the  taxpayer's  return  bears  to  the  average  value  of  all  the taxpayer's real and  tangible personal property wherever situated during such period which is  used in its unrelated trade or business (For purposes of this paragraph,  the taxpayer's real property shall include not only such property  owned  by the taxpayer but also such property rented to it.);    (2)   ascertaining the percentage which the receipts of the taxpayer's  unrelated trade or business, computed  on  the  cash  or  accrual  basis  according  to  the  method  of accounting used in the computation of the  taxpayer's unrelated business taxable income, arising during such period  from    (A)  sales of tangible personal property by  the  unrelated  trade  or  business where shipments are made to points within this state,    (B)    services  performed  within the state by the unrelated trade or  business,    (C)  rentals from property of the unrelated trade or business situated  within the state, and    (D)  all other receipts earned by  the  unrelated  trade  or  business  within  the  state,  bear  to  the  total  amount of the receipts of the  unrelated trade or business, similarly  computed,  arising  during  such  period  from  all  sales  of  its  tangible personal property, services,  rentals and all other transactions, whether within or without the state;    (3)   ascertaining the percentage of the  total  wages,  salaries  and  other  personal  service  compensation,  similarly computed, during such  period of employees of the taxpayer's unrelated trade or business within  the state, except  general  executive  officers,  to  the  total  wages,  salaries  and  other  personal service compensation, similarly computed,  during such period of all employees of the unrelated trade  or  business  within and without the state, except general executive officers; and    (4)    adding  together the percentages so determined and dividing the  result by the number of percentages;  provided,  however,  that  if  the  taxpayer  does not have a regular place of business outside the state in  which its  unrelated  trade  or  business  is  conducted,  the  business  allocation percentage shall be one hundred percent.    (b)    If  it  shall  appear to the tax commission that the allocation  percentage determined in  subdivision  (a)  of  this  section  does  not  properly  reflect  the  activity,  business  or  income  of a taxpayer's  unrelated trade or business within the state, the tax  commission  shall  be  authorized,  in its discretion, to adjust it by (1) excluding one or  more of the factors therein, (2) including one or  more  other  factors,  such as expenses, purchases, contract values (minus subcontract values),  (3)   excluding   one  or  more  assets  in  computing  such  allocation  percentage,  provided  the  income  therefrom  is   also   excluded   in  determining  unrelated  business taxable income or (4) any other similar  or different method calculated to effect a fair and proper allocation of  the income reasonably attributable to this state.   The  tax  commission  from  time  to  time  shall publish all rulings of general interest with  respect to any application of the provisions of this subdivision.

State Codes and Statutes

Statutes > New-york > Tax > Article-13 > 293

§  293.    Allocation  of unrelated business taxable income.  (a)  The  portion of the unrelated business taxable income of  a  taxpayer  to  be  allocated  within  this  state  shall  be  determined by multiplying its  unrelated business taxable income by  an  allocation  percentage  to  be  determined by:    (1)    ascertaining  the  percentage  which  the  average value of the  taxpayer's real and tangible personal property in its unrelated trade or  business within the state during the period covered  by  the  taxpayer's  return  bears  to  the  average  value  of  all  the taxpayer's real and  tangible personal property wherever situated during such period which is  used in its unrelated trade or business (For purposes of this paragraph,  the taxpayer's real property shall include not only such property  owned  by the taxpayer but also such property rented to it.);    (2)   ascertaining the percentage which the receipts of the taxpayer's  unrelated trade or business, computed  on  the  cash  or  accrual  basis  according  to  the  method  of accounting used in the computation of the  taxpayer's unrelated business taxable income, arising during such period  from    (A)  sales of tangible personal property by  the  unrelated  trade  or  business where shipments are made to points within this state,    (B)    services  performed  within the state by the unrelated trade or  business,    (C)  rentals from property of the unrelated trade or business situated  within the state, and    (D)  all other receipts earned by  the  unrelated  trade  or  business  within  the  state,  bear  to  the  total  amount of the receipts of the  unrelated trade or business, similarly  computed,  arising  during  such  period  from  all  sales  of  its  tangible personal property, services,  rentals and all other transactions, whether within or without the state;    (3)   ascertaining the percentage of the  total  wages,  salaries  and  other  personal  service  compensation,  similarly computed, during such  period of employees of the taxpayer's unrelated trade or business within  the state, except  general  executive  officers,  to  the  total  wages,  salaries  and  other  personal service compensation, similarly computed,  during such period of all employees of the unrelated trade  or  business  within and without the state, except general executive officers; and    (4)    adding  together the percentages so determined and dividing the  result by the number of percentages;  provided,  however,  that  if  the  taxpayer  does not have a regular place of business outside the state in  which its  unrelated  trade  or  business  is  conducted,  the  business  allocation percentage shall be one hundred percent.    (b)    If  it  shall  appear to the tax commission that the allocation  percentage determined in  subdivision  (a)  of  this  section  does  not  properly  reflect  the  activity,  business  or  income  of a taxpayer's  unrelated trade or business within the state, the tax  commission  shall  be  authorized,  in its discretion, to adjust it by (1) excluding one or  more of the factors therein, (2) including one or  more  other  factors,  such as expenses, purchases, contract values (minus subcontract values),  (3)   excluding   one  or  more  assets  in  computing  such  allocation  percentage,  provided  the  income  therefrom  is   also   excluded   in  determining  unrelated  business taxable income or (4) any other similar  or different method calculated to effect a fair and proper allocation of  the income reasonably attributable to this state.   The  tax  commission  from  time  to  time  shall publish all rulings of general interest with  respect to any application of the provisions of this subdivision.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tax > Article-13 > 293

§  293.    Allocation  of unrelated business taxable income.  (a)  The  portion of the unrelated business taxable income of  a  taxpayer  to  be  allocated  within  this  state  shall  be  determined by multiplying its  unrelated business taxable income by  an  allocation  percentage  to  be  determined by:    (1)    ascertaining  the  percentage  which  the  average value of the  taxpayer's real and tangible personal property in its unrelated trade or  business within the state during the period covered  by  the  taxpayer's  return  bears  to  the  average  value  of  all  the taxpayer's real and  tangible personal property wherever situated during such period which is  used in its unrelated trade or business (For purposes of this paragraph,  the taxpayer's real property shall include not only such property  owned  by the taxpayer but also such property rented to it.);    (2)   ascertaining the percentage which the receipts of the taxpayer's  unrelated trade or business, computed  on  the  cash  or  accrual  basis  according  to  the  method  of accounting used in the computation of the  taxpayer's unrelated business taxable income, arising during such period  from    (A)  sales of tangible personal property by  the  unrelated  trade  or  business where shipments are made to points within this state,    (B)    services  performed  within the state by the unrelated trade or  business,    (C)  rentals from property of the unrelated trade or business situated  within the state, and    (D)  all other receipts earned by  the  unrelated  trade  or  business  within  the  state,  bear  to  the  total  amount of the receipts of the  unrelated trade or business, similarly  computed,  arising  during  such  period  from  all  sales  of  its  tangible personal property, services,  rentals and all other transactions, whether within or without the state;    (3)   ascertaining the percentage of the  total  wages,  salaries  and  other  personal  service  compensation,  similarly computed, during such  period of employees of the taxpayer's unrelated trade or business within  the state, except  general  executive  officers,  to  the  total  wages,  salaries  and  other  personal service compensation, similarly computed,  during such period of all employees of the unrelated trade  or  business  within and without the state, except general executive officers; and    (4)    adding  together the percentages so determined and dividing the  result by the number of percentages;  provided,  however,  that  if  the  taxpayer  does not have a regular place of business outside the state in  which its  unrelated  trade  or  business  is  conducted,  the  business  allocation percentage shall be one hundred percent.    (b)    If  it  shall  appear to the tax commission that the allocation  percentage determined in  subdivision  (a)  of  this  section  does  not  properly  reflect  the  activity,  business  or  income  of a taxpayer's  unrelated trade or business within the state, the tax  commission  shall  be  authorized,  in its discretion, to adjust it by (1) excluding one or  more of the factors therein, (2) including one or  more  other  factors,  such as expenses, purchases, contract values (minus subcontract values),  (3)   excluding   one  or  more  assets  in  computing  such  allocation  percentage,  provided  the  income  therefrom  is   also   excluded   in  determining  unrelated  business taxable income or (4) any other similar  or different method calculated to effect a fair and proper allocation of  the income reasonably attributable to this state.   The  tax  commission  from  time  to  time  shall publish all rulings of general interest with  respect to any application of the provisions of this subdivision.

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