apportionment formula

• U.S. Court Rejects Formula Apportionment in Computing Business Profits of a Foreign Bank Branch.

In December 2005, the U.S. Court of Federal Claims held that National Westminster Bank, PLC, a U.K.-based multinational bank (NatWest), was not requir...

• Mondaq Business Briefing
• Nbr. 2006, January 2006

• 49 USC 5336 - Sec. 5336. Apportionment of appropriations for formula grants

• US Code - Title 49: Transportation

• FTA Section 5307 Urbanized Area Formula Program: Allocation of Funding Caps for Treating Fuel and Electric Utility Costs for Vehicle Propulsion as a Capital Maintenance Expense

The Consolidated and Further Continuing Appropriations Act, 2012 (Pub. L. 112-055) permits the Federal Transit Administration (FTA) to treat fuel costs for vehicle operations, including utility costs for the propulsion of electrical vehicles, as a capital maintenance item for grants made in FY 2012 under the Urbanized Area Formula Program, up to a total of $100,000,000. FTA announced this provision and its implementation in the FTA Fiscal Year 2012 Notice of Apportionments, Allocations, and Program Information, published in the Federal Register on January 11, 2012 (Vol. 77, No. 7 1786-1856). Since total obligations for this purpose are limited to $100,000,000, FTA is limiting the use of funds for this purpose to program recipients that responded to an announcement which was posted at ww...

• Federal Register Nbr. 77 FR 22061, April 12, 2012
• Notices
• Transportation Department

• Michigan eliminates 'throwback rule' and provides for voluntary disclosure.

Changes in judicial, legislative, and administrative law have led to more favorable conditions for Michigan multistate taxpayers. The single business tax apportionment formula sales factor will not require the use of the throwback rule beginning in 1998. Voluntary disclosure rules have been legislatively created to ease the retroactively applied nexus standard.

• The Tax Adviser
• Vol. 29 Nbr. 9, September 1998

• State &Amp; Local Tax

An area that state tax practitioners must be knowledgeable of, and up to date on, are the trends and complexities of corporate income tax apportionment. Pennsylvania uses three-factor apportionment formula consisting of sales, property, and payroll factors to determine the Pennsylvania Corporate Net Income Tax. The Pennsylvania legislature, on numerous occasions, has proposed replacing the three-factor apportionment with a single-sales factor apportionment formula. If one wonders why so many states use a single-sales factor apportionment formula or weight sales heavier in a three-factor formula, the answer is simple: economic development. Another trend in the sales factor is that states are using "market-based sourcing" for services instead of the "costs-of-performance" test. In summary...

• Pennsylvania CPA Journal
• Vol. 77 Nbr. 3, October 2006

• Shell Oil Co. v. Iowa Dept. of Revenue, 488 U.S. 19 (1988)

... for those years, Shell adjusted the apportionment formula the State uses to calculate in-state taxab...

• U.S. Supreme Court

• School Consolidation Plan Goes to Augusta As Is

LIVERMORE -- A plan to merge Jay, Livermore and Livermore Falls schools into one system will be sent to the state on Wednesday. The Regional School Planning Committee made no changes to the plan Tuesday after a review of the process the committee and its subcommittees used to develop board apportionment and a cost- sharing formula.

• Sun-Journal Lewiston, Me.
• November 18, 2010

• A Tax Reform We Need

The letter from Michael Mazerov of the Center on Budget and Policy Priorities regarding the importance of reforming the structure of Pennsylvania's corporate net income tax was misleading, myopic and unhelpful as we consider how to improve the competitiveness of the commonwealth ("Stop the giveaway," Feb. 15 and PghTrib.com). Specifically, Mr. Mazerov decried creation of a single sales factor apportionment formula (it would alter the state's corporate net income tax apportionment formula so that it is computed 100 percent on a company's sales instead of the current formula of 70 percent on sales, 15 percent on assets and 15 percent on payroll), which business leaders from Pittsburgh to Philadelphia have identified as an important near-term measure to improve our business climate and att...

• Tribune - Review / Pittsburgh Tribune - Review
• February 22, 2008

• Factually speaking: an overview of the sales factor.

States are increasingly using alternative sales factor formulas for determining corporate income and franchise tax liability, instead of the three-factor apportionment formula of property, payroll, and sales. The Uniform Division of Income for Tax Purposes Act (UDITPA) sets forth this formula as well as the throwback, dock, and occasional sales rules, which impact a state's sales factor numerator. Throwback and dock rules cover tangible personal property sales, while the occasional sale rules also include other gross receipts. Massachusetts, Michigan, and Texas have introduced unique throwback rules.

• Tax Executive
• Vol. 47 Nbr. 5, September 1995

• 50 CFR 253.21 - Apportionment.

...(a) Apportionment formula. The amount of funds apportioned to each state is ...

• Code of Federal Regulations - Title 50: Wildlife and Fisheries