20 NYCRR § 8-4.1
Computation of the receipts factor
The percentage of a surcharge taxpayer’s receipts within the MCTD is determined pursuant to the apportionment rules described in section 210-A and this Subchapter, with the following exceptions:
# (a)
The numerator of the apportionment fraction under section 210-A is the denominator for purposes of the MCTD receipts factor.
# (b)
The numerator of the MCTD receipts factor is determined by applying the rules of section 210-A as if those rules made reference to the MCTD rather than to New York State.
# (c)
In the case of a combined report, the combined group’s receipts factor of the MCTD apportionment percentage will be determined after the elimination of intercorporate and inter-entity receipts.
# (d)
Adjustment must be made for qualified financial instruments (QFIs), as defined in section 210-A and this Subchapter, and other statutorily imposed apportionment percentages for purposes of the MCTD receipts factor, as follows:
# (1)
If a surcharge taxpayer elects to use the fixed percentage method to apportion receipts from QFIs to the State pursuant to section 210-A(5)(a)(1) and section 4-2.4(c) or section 9-4.3 of this Subchapter, the fixed percentage method applies in computing the receipts factor under this Subpart.
# (2)
If 8% of the receipts specified in a provision of section 210-A(5) are required by such provision and this Subchapter to be included in the numerator of the apportionment fraction under section 210-A(5), then 90% of the 8% will be considered to be within the MCTD, and 100% of the 8% will be considered to be within New York State. This rule also is applicable in determining the amount of any other receipts received by a credit card processor that are deemed to have been generated within the MCTD.
# (e)
If the receipts specified in a provision of section 210-A are not includable in the numerator of the apportionment fraction, then such receipts will not be included in determining the MCTD apportionment percentage.
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