IDAPA 35.01.01.340 — PRINCIPLES FOR DETERMINING THE EXISTENCE OF A UNITARY BUSINESS: UNITARY

BUSINESS PRINCIPLE (RULE 340).
Section 63-3027, Idaho Code
01.
The Concept of a Unitary Business.
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a.
A unitary business is a single economic enterprise that is made up either of separate parts of a
single business entity or of a commonly controlled group of business entities that are sufficiently interdependent,
integrated and interrelated through their activities so as to provide a synergy and mutual benefit that produces a
sharing or exchange of value among them and a significant flow of value to the separate parts. This flow of value to a
business entity located in Idaho that comes from being part of a unitary business conducted both within and without
Idaho is what provides the constitutional due process "definite link and minimum connection" necessary for Idaho to
apportion apportionable income of the unitary business, even if that income arises in part from activities conducted
outside Idaho. The apportionable income of the unitary business is then apportioned to Idaho using an apportionment
percentage provided by Section 63-3027, Idaho Code.
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b.
This sharing or exchange of value may also be described as requiring that the operation of one (1)
part of the business be dependent upon, or contribute to, the operation of another part of the business. Phrased in the
disjunctive, the foregoing means that if the activities of one (1) business either contribute to the activities of another
business or are dependent upon the activities of another business, those businesses are part of a unitary business.
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02.
Constitutional Requirement for a Unitary Business.
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a.
The sharing or exchange of value described in Subsection 340.01 of this rule that defines the scope
of a unitary business requires more than the mere flow of funds arising out of a passive investment or from the
financial strength contributed by a distinct business undertaking that has no operational relationship to the unitary
business.
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b.
In Idaho, the unitary business principle will be applied to the fullest extent allowed by the U.S.
Constitution. The unitary business principle will not be applied to result in the combination of business activities or
entities under circumstances where, if it were adverse to the taxpayer, the combination of such activities or entities
would not be allowed by the U.S. Constitution.
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03.
Separate Trades or Businesses Conducted Within a Single Entity. A single entity may have
more than one (1) unitary business. In such cases it is necessary to determine the business, or apportionable, income
attributable to each separate unitary business as well as its nonapportionable income, which is specifically allocated.
The apportionable income of each unitary business is then apportioned by a formula that takes into consideration the
in-state and the out-of-state factors that relate to the respective unitary business whose income is being apportioned.
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04.
Unitary Business Unaffected by Formal Business Organization. A unitary business may exist
within a single business entity or among a commonly controlled group of business entities. The relationship is to be
determined by reference to the relationship that exists between all related and affiliated corporations, not just those
corporations whose income and apportionment factors are required to be considered. For example, the relationship
with foreign affiliates is to be considered even though a water's edge election is made. A related corporation may
include insurance companies and fifty percent (50%) or less owned corporations. The scope of what is included in a
commonly controlled group of business entities is set forth in Rule 344 of these rules.
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