Special Apportionment Rules; All Tax Years; Trucking Companies

343.01 In general. This regulation governs the apportionment of income of a trucking company that has income from sources both within and outside Nebraska. 343.02 Definitions . The following definitions are applicable to the terms used in the apportionment factor descriptions. 343.02A Mobile property means all motor vehicles, including trailers, engaged directly in the movement of tangible personal property. 343.02B Mobile property mile means moving a unit of mobile property a distance of one mile, whether loaded or unloaded. 343.02C Transportation revenue means revenue derived from hauling freight, mail, and express delivery. 343.02D Trucking company means a motor common carrier, a motor contract carrier, or an express carrier which primarily transports tangible personal property of others by motor vehicle for compensation. 343.03 Sales Factor. 343.03A Numerator: 343.03A(1) The gross receipts of the taxpayer, other than transportation revenue, are included in the sales factor numerator in accordance with Reg-24-301 through Reg-24-340; 343.03A(2)The transportation revenue from any movements or shipments which are entirely within Nebraska are included in the sales factor numerator; and 343.03A(3) The transportation revenue from movements or shipments passing through, into, or out of this state must be included in the sales factor numerator on the basis of the ratio that the mobile property miles traveled in Nebraska bears to the total mobile property miles traveled everywhere. 343.03B Denominator. The denominator of the sales factor is all sales everywhere, calculated in accordance with Reg-24-301 through Reg-24-340. 343.04 Unitary Group . A trucking company must be included in a unitary group with companies which are not trucking companies. 343.05 Records . The taxpayer must maintain the records necessary to identify mobile property and the mobile property miles traveled by such mobile property in each state. These records are subject to review by the Department. (Neb. Rev. Stat. § 77-2734.15. December 27, 2015.)