Section 148.097

Title X TAXATION AND REVENUE

Chapter 148

Effective - 28 Aug 1993   

  148.097.  Taxpayer in other state taxable, when — apportionment of income, manner — property factor, defined — payroll factor, defined — deposits factor, defined. — 1.  A taxpayer is taxable in another state if, by reason of business activity in another state, it is subject to and did pay one of the types of taxes specified:  a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business, or a corporate stock tax.  The taxpayer must carry on business activities in another state.  If the taxpayer voluntarily files and pays one or more of such taxes when not required to do so by the laws of that state or pays a minimal fee for qualification, organization or for the privilege of doing business in that state, but does not actually engage in business activities in that state, and does not have business facilities in that state or does actually engage in some activity, not sufficient for nexus, and the minimum tax bears no relation to the taxpayer's activities with such state, the taxpayer is not taxable in another state.

  2.  When the income of a taxpayer is derived from business activity conducted within and without this state and the business activity is taxable in another state, then income shall be apportioned to this state by multiplying the gross income minus the deduction in section 148.040 by a fraction, the numerator of which is the sum of the property factor, the payroll factor, and the deposits factor, and the denominator of which is three reduced by the number of factors which have a denominator of zero.

  3.  For purposes of subsection 2 of this section, the property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the income year, and the denominator is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the income year, except under this subsection, any property that the bank acquired in settlement of debts and is held for sale under section 362.165 or section 29 Title 12 United States Code. Property owned by the taxpayer shall be valued at its original cost.  Property rented by the taxpayer is valued at eight times the net annual rental rate.  The net annual rental rate is the total rental rate paid by the taxpayer, less total annual rental rates received by the taxpayer from subrentals.  The average value of property owned by the taxpayer shall be determined by averaging the values at the beginning and ending of the income year, but the director of revenue may require averaging by monthly values if reasonably required to reflect the average value of the taxpayer's property for the income year.

  4.  For purposes of subsection 2 of this section, the payroll factor is a fraction, the numerator of which is the total amount paid in this state during the income year by the taxpayer for compensation, and the denominator of which is the total compensation paid everywhere during the income year by the taxpayer.  Compensation is paid in this state if:

  (1)  The employee's service is performed entirely within this state;

  (2)  The employee's service is performed both within and without this state, but the service performed without this state is incidental to the employee's service within this state; or

  (3)  The employee's services are performed both within and without this state, and:

  (a)  The employee's base of operations is in this state; or

  (b)  There is no base of operations in any state in which some part of the service is performed, but the place from which the service is directed or controlled is in this state; or

  (c)  The base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employee's residence is in this state.

  5.  For purposes of subsection 2 of this section, the deposits factor is a fraction, the numerator of which is the average of deposits recorded on the books at the main banking house and branches of the taxpayer within this state during the income year, and the denominator of which is the average deposits recorded on the books everywhere by the taxpayer during the income year.  Such average shall be determined by averaging deposits as of the first of the year with deposits as of the last day of the year.

­­--------

(L. 1993 H.B. 105 & 480)