LegalFix

Section 311 - Method of apportionment of business income.

UT Code § 59-7-311 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) For a taxable year, a taxpayer shall apportion all business income to this state by multiplying the business income by a fraction calculated as provided in this section.

(2) Subject to the other provisions of this part, a sales factor weighted taxpayer shall calculate the fraction for apportioning business income to this state using a fraction where: (a) the numerator of the fraction is the sales factor as calculated under Section 59-7-317; and (b) the denominator of the fraction is one.

(a) the numerator of the fraction is the sales factor as calculated under Section 59-7-317; and

(b) the denominator of the fraction is one.

(3) Subject to the other provisions of this part, an optional apportionment taxpayer that is not a phased-in sales factor weighted taxpayer shall calculate the fraction for apportioning business income to this state using one of the following fractions: (a) the fraction described in Subsection (4); or (b) the fraction where: (i) the numerator of the fraction is the sum of: (A) the property factor as calculated under Section 59-7-312; (B) the payroll factor as calculated under Section 59-7-315; and (C) the sales factor as calculated under Section 59-7-317; and (ii) the denominator of the fraction is three.

(a) the fraction described in Subsection (4); or

(b) the fraction where: (i) the numerator of the fraction is the sum of: (A) the property factor as calculated under Section 59-7-312; (B) the payroll factor as calculated under Section 59-7-315; and (C) the sales factor as calculated under Section 59-7-317; and (ii) the denominator of the fraction is three.

(i) the numerator of the fraction is the sum of: (A) the property factor as calculated under Section 59-7-312; (B) the payroll factor as calculated under Section 59-7-315; and (C) the sales factor as calculated under Section 59-7-317; and

(A) the property factor as calculated under Section 59-7-312;

(B) the payroll factor as calculated under Section 59-7-315; and

(C) the sales factor as calculated under Section 59-7-317; and

(ii) the denominator of the fraction is three.

(4) (a) Subject to other provisions of this part, a phased-in sales factor weighted taxpayer shall calculate the fraction for apportioning business income to this state as provided in Subsections (4)(b) through (d). (b) For the taxable year that begins on or after January 1, 2019, but begins on or before December 31, 2019: (i) the numerator of the fraction is the sum of: (A) the property factor as calculated under Section 59-7-312; (B) the payroll factor as calculated under Section 59-7-315; and (C) the sales factor as calculated under Subsection (4)(e)(i); and (ii) the denominator of the fraction is six. (c) For the taxable year that begins on or after January 1, 2020, but begins on or before December 31, 2020: (i) the numerator of the fraction is the sum of: (A) the property factor as calculated under Section 59-7-312; (B) the payroll factor as calculated under Section 59-7-315; and (C) the sales factor as calculated under Subsection (4)(e)(ii); and (ii) the denominator of the fraction is 10. (d) For a taxable year that begins on or after January 1, 2021, a phased-in sales factor weighted taxpayer shall calculate the fraction as described in Subsection (2). (e) (i) For the taxable year that begins on or after January 1, 2019, but begins on or before December 31, 2019, the sales factor shall be: (A) calculated as described in Section 59-7-317; and (B) multiplied by four. (ii) For the taxable year that begins on or after January 1, 2020, but begins on or before December 31, 2020, the sales factor shall be: (A) calculated as described in Section 59-7-317; and (B) multiplied by eight.

(a) Subject to other provisions of this part, a phased-in sales factor weighted taxpayer shall calculate the fraction for apportioning business income to this state as provided in Subsections (4)(b) through (d).

(b) For the taxable year that begins on or after January 1, 2019, but begins on or before December 31, 2019: (i) the numerator of the fraction is the sum of: (A) the property factor as calculated under Section 59-7-312; (B) the payroll factor as calculated under Section 59-7-315; and (C) the sales factor as calculated under Subsection (4)(e)(i); and (ii) the denominator of the fraction is six.

(i) the numerator of the fraction is the sum of: (A) the property factor as calculated under Section 59-7-312; (B) the payroll factor as calculated under Section 59-7-315; and (C) the sales factor as calculated under Subsection (4)(e)(i); and

(A) the property factor as calculated under Section 59-7-312;

(B) the payroll factor as calculated under Section 59-7-315; and

(C) the sales factor as calculated under Subsection (4)(e)(i); and

(ii) the denominator of the fraction is six.

(c) For the taxable year that begins on or after January 1, 2020, but begins on or before December 31, 2020: (i) the numerator of the fraction is the sum of: (A) the property factor as calculated under Section 59-7-312; (B) the payroll factor as calculated under Section 59-7-315; and (C) the sales factor as calculated under Subsection (4)(e)(ii); and (ii) the denominator of the fraction is 10.

(i) the numerator of the fraction is the sum of: (A) the property factor as calculated under Section 59-7-312; (B) the payroll factor as calculated under Section 59-7-315; and (C) the sales factor as calculated under Subsection (4)(e)(ii); and

(A) the property factor as calculated under Section 59-7-312;

(B) the payroll factor as calculated under Section 59-7-315; and

(C) the sales factor as calculated under Subsection (4)(e)(ii); and

(ii) the denominator of the fraction is 10.

(d) For a taxable year that begins on or after January 1, 2021, a phased-in sales factor weighted taxpayer shall calculate the fraction as described in Subsection (2).

(e) (i) For the taxable year that begins on or after January 1, 2019, but begins on or before December 31, 2019, the sales factor shall be: (A) calculated as described in Section 59-7-317; and (B) multiplied by four. (ii) For the taxable year that begins on or after January 1, 2020, but begins on or before December 31, 2020, the sales factor shall be: (A) calculated as described in Section 59-7-317; and (B) multiplied by eight.

(i) For the taxable year that begins on or after January 1, 2019, but begins on or before December 31, 2019, the sales factor shall be: (A) calculated as described in Section 59-7-317; and (B) multiplied by four.

(A) calculated as described in Section 59-7-317; and

(B) multiplied by four.

(ii) For the taxable year that begins on or after January 1, 2020, but begins on or before December 31, 2020, the sales factor shall be: (A) calculated as described in Section 59-7-317; and (B) multiplied by eight.

(A) calculated as described in Section 59-7-317; and

(B) multiplied by eight.

(5) (a) The taxpayer shall determine the method for calculating the fraction for apportioning business income to this state under this section on or before the due date for filing the taxpayer's return under this chapter for the taxable year, including extensions. (b) The method described in Subsection (5)(a) is in effect for the taxable year.

(a) The taxpayer shall determine the method for calculating the fraction for apportioning business income to this state under this section on or before the due date for filing the taxpayer's return under this chapter for the taxable year, including extensions.

(b) The method described in Subsection (5)(a) is in effect for the taxable year.

(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules providing procedures for a taxpayer to make the election required by Subsection (3).

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 311 - Method of apportionment of business income.