43-1131. Definitions As used in this article, unless the context otherwise requires: 1. " Business income" means income arising from transactions and activity in the regular course of the taxpayer’s trade or business and includes income from tangible and intangible property if the acquisition, management and disposition of the property constitute integral parts of the […]
43-1132. Taxpayers liable; exceptions to allocation and apportionment; examination of evidence of income and expenses A. Any taxpayer having income from business activity which is taxable both within and without this state shall allocate and apportion net income as provided in this article, but net income of a foreign corporation which is not itself subject […]
43-1133. Taxability in other state For purposes of allocation and apportionment of income under this article, a taxpayer is taxable in another state if either of the following applies: 1. In that state he is subject to a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of […]
43-1134. Allocation of nonbusiness income Rents and royalties from real or tangible personal property, capital gains, interest, dividends or patent or copyright royalties, to the extent that they constitute nonbusiness income, shall be allocated as provided in sections 43-1135 through 43-1138.
43-1135. Net rents and royalties A. Net rents and royalties from real property located in this state are allocable to this state. B. Net rents and royalties from tangible personal property are allocable to this state either: 1. If and to the extent that the property is utilized in this state. 2. In their entirety […]
43-1136. Capital gains and losses A. Capital gains and losses from sales of real property located in this state are allocable to this state. B. Capital gains and losses from the sales of tangible personal property are allocable to this state if either: 1. The property had a situs in this state at the time […]
43-1137. Interest and dividends Interest and dividends are allocable to this state if the taxpayer’s commercial domicile is in this state unless the interest or dividend constitutes business income.
43-1138. Patent and copyright royalties A. Patent and copyright royalties are allocable to this state either: 1. If and to the extent that the patent or copyright is utilized by the payer in this state. 2. If and to the extent that the patent or copyright is utilized by the payer in a state in […]
43-1139. Allocation of business income A. Except as provided in subsection B of this section, the taxpayer shall elect to apportion all business income to this state for taxable years beginning from and after: 1. December 31, 2006 through December 31, 2007 by either: (a) Multiplying the income by a fraction, the numerator of which […]
43-1140. Property factor 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 tax period and the denominator of which is the average value of all the taxpayer’s real and tangible personal property […]
43-1141. Valuation of property Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight 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.
43-1142. Average value of property The average value of property shall be determined by averaging the values at the beginning and ending of the tax period, but the department may require the averaging of monthly values during the tax period if reasonably required to reflect properly the average value of the taxpayer’s property.
43-1143. Payroll factor The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation, and the denominator of which is the total compensation paid everywhere during the tax period other than compensation paid by either: 1. A foreign corporation […]
43-1144. Compensation paid in state Compensation is paid in this state if any of the following apply: 1. The individual’s service is performed entirely within this state. 2. The individual’s service is performed both within and without the state, but the service performed without the state is incidental to the individual’s service within the state. […]
43-1145. Sales factor The sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this state during the tax period, and the denominator of which is the total sales of the taxpayer everywhere during the tax period other than sales of either: 1. A foreign corporation which is […]
43-1146. Situs of sales of tangible personal property Sales of tangible personal property are considered to be in this state if the property is delivered or shipped to a purchaser, other than the United States government, within this state regardless of the F.O.B. point or other conditions of the sale.
43-1147. Situs of sales of other than tangible personal property; definitions A. Except as provided by subsection B of this section, sales, other than sales of tangible personal property, are in this state if either of the following applies: 1. The income-producing activity is performed in this state. 2. The income-producing activity is performed both […]
43-1148. Apportionment by department A. If the allocation and apportionment provisions of this article do not fairly represent the extent of the taxpayer’s business activity in this state, the taxpayer may petition for or the department may require, in respect to all or any part of the taxpayer’s business activity, if reasonable, any of the […]
43-1149. Interpretation This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
43-1150. Short title This article may be cited as the uniform division of income for tax purposes act.
