20 NYCRR § 4-1.5
Apportionment on combined reports
The apportionment factor on a combined report is computed as though the corporations included in the combined report are a single corporation, unless otherwise provided, and is computed in accordance with the following principles.
# (a)
All intercorporate business receipts, income, gains and losses are eliminated in computing the combined group’s New York receipts or everywhere receipts. Intercorporate receipts, income, gains and losses are receipts, income, gains and losses realized by any corporation included in the combined report from a transaction with any other corporation included in the combined report.
# (b)
Net gains (not less than zero), marked to market net gains (not less than zero), net interest income (not less than zero), and net income (not less than zero) from any respective type of asset on a combined report are computed as follows:
# (1)
For purposes of computing net gains (not less than zero) for all members of the combined group, the aggregate gain from the sale of one type of asset is reduced by the aggregate loss from the sale of the same type of asset subject to the same sourcing rule in section 210-A and this Subchapter, provided that the result cannot be less than zero.
# (2)
For purposes of computing net interest income (not less than zero) from Federal funds for all members of the combined group, the aggregate amount of interest income from Federal funds is reduced by the aggregate amount of interest expense from Federal funds, provided the result cannot be less than zero.
# (c)
If an apportionment rule contained in section 210-A and this Subchapter requires the use of a fraction to compute the amount included in the combined group’s New York receipts, the amount included in the numerator or denominator of such fraction is determined after the intercorporate eliminations required by subdivision (a) of this section.
Source: official source document (DTF adopted rule text, December 2023 corporate reform)
In this part (40 sections)
- 4-1.1 · Definitions
- 4-1.2 · General rules for apportionment
- 4-1.3 · Lump sum payments
- 4-1.4 · Installment sales
- 4-1.5 · Apportionment on combined reports
- 4-1.6 · Power of the Commissioner of Taxation and Finance to adjust the…
- 4-1.7 · Federal changes
- 4-2.1 · Receipts and net gains from the sale of tangible personal…
- 4-2.2 · Net gains from the sale of real property
- 4-2.3 · Receipts from rents and royalties
- 4-2.4 · Net income from qualified financial instruments for…
- 4-2.5 · Interest income and net gains from loans
- 4-2.6 · Interest income and net gains from asset backed securities and…
- 4-2.7 · Interest income and net gains from corporate bonds
- 4-2.8 · Net interest income from reverse repurchase agreements and…
- 4-2.9 · Net interest income from Federal funds
- 4-2.10 · Net income from commodities
- 4-2.11 · Marked to market net gains
- 4-2.12 · Interest income, net gains, and other income from other…
- 4-2.13 · Brokerage commissions
- 4-2.14 · Receipts from credit cards and similar activities
- 4-2.15 · Receipts received by credit card processors
- 4-2.16 · Receipts from railroad, trucking and omnibus businesses
- 4-2.17 · Receipts from the sale of advertising
- 4-3.1 · Definitions
- 4-3.2 · General Principles
- 4-3.3 · Special rules for determining primary use location
- 4-3.4 · General rule for determining primary use location
- 4-3.5 · Reasonable approximation based on customer information
- 4-3.6 · Reasonable approximation based on general information
- 4-3.7 · Where received method
- 4-3.8 · Rules for intermediary transactions
- 4-3.9 · Preceding taxable year method
- 4-3.10 · Current taxable year method
- 4-3.11 · Examples
- 4-4.1 · Definitions
- 4-4.2 · General Principles
- 4-4.3 · Special rules for determining where the benefit is received
- 4-4.4 · General rule for determining where the benefit is received
- 4-4.5 · Reasonable approximation based on customer information