20 NYCRR § 8-2.1
Apportionment of surcharge base to the MCTD
# (a)
A surcharge taxpayer must apportion its surcharge base by multiplying such surcharge base by its
MCTD apportionment percentage. The surcharge taxpayer's MCTD apportionment percentage is computed using a formula consisting of three factors, expressed as percentages. The three factors are:
# (1)
real and tangible personal property that is located within the MCTD and all such property that is located in New York State, including real and tangible personal property that is rented to the surcharge taxpayer;
# (2)
business receipts from within the MCTD and all business receipts from New York State; and
# (3)
payroll within the MCTD and all payroll from New York State.
# (b)
The MCTD apportionment percentage is computed by adding together the surcharge taxpayer's real and tangible personal property factor, business receipts factor and payroll factor, and dividing by three. If a factor is missing, the other two factors will be added together and the total divided by two. If two factors are missing, the remaining factor is the MCTD apportionment percentage. A factor is missing only if both the numerator and the denominator are zero.
Source: official source document (DTF adopted rule text, December 2023 corporate reform)
In this part (11 sections)
- 8-1.1 · Definitions
- 8-1.2 · Imposition of the tax surcharge
- 8-1.3 · Applicability of rules on administration of tax
- 8-2.1 · Apportionment of surcharge base to the MCTD
- 8-2.2 · Discretionary adjustment to the MCTD apportionment percentage
- 8-3.1 · Computation of the property factor
- 8-3.2 · Election for fair market value
- 8-3.3 · Real and tangible personal property rented to the surcharge…
- 8-4.1 · Computation of the receipts factor
- 8-5.1 · Computation of the payroll factor
- 8-5.2 · Definition of employee