2023 New York Laws › TAX - Tax › Article 13 - Tax on Unrelated Business Income › 293 - Allocation of Unrelated Business Taxable Income.

§  293.    Allocation  of unrelated business taxable income.  (a)  The
portion of the unrelated business taxable income of  a  taxpayer  to  be
allocated  within  this  state  shall  be  determined by multiplying its
unrelated business taxable income by  an  allocation  percentage  to  be
determined by:
(1)    ascertaining  the  percentage  which  the  average value of the
taxpayer's real and tangible personal property in its unrelated trade or
business within the state during the period covered  by  the  taxpayer's
return  bears  to  the  average  value  of  all  the taxpayer's real and
tangible personal property wherever situated during such period which is
used in its unrelated trade or business (For purposes of this paragraph,
the taxpayer's real property shall include not only such property  owned
by the taxpayer but also such property rented to it.);
(2)   ascertaining the percentage which the receipts of the taxpayer's
unrelated trade or business, computed  on  the  cash  or  accrual  basis
according  to  the  method  of accounting used in the computation of the
taxpayer's unrelated business taxable income, arising during such period
from
(A)  sales of tangible personal property by  the  unrelated  trade  or
business where shipments are made to points within this state,
(B)    services  performed  within the state by the unrelated trade or
business,
(C)  rentals from property of the unrelated trade or business situated
within the state, and
(D)  all other receipts earned by  the  unrelated  trade  or  business
within  the  state,  bear  to  the  total  amount of the receipts of the
unrelated trade or business, similarly  computed,  arising  during  such
period  from  all  sales  of  its  tangible personal property, services,
rentals and all other transactions, whether within or without the state;
(3)   ascertaining the percentage of the  total  wages,  salaries  and
other  personal  service  compensation,  similarly computed, during such
period of employees of the taxpayer's unrelated trade or business within
the state, except  general  executive  officers,  to  the  total  wages,
salaries  and  other  personal service compensation, similarly computed,
during such period of all employees of the unrelated trade  or  business
within and without the state, except general executive officers; and
(4)    adding  together the percentages so determined and dividing the
result by the number of percentages;  provided,  however,  that  if  the
taxpayer  does not have a regular place of business outside the state in
which its  unrelated  trade  or  business  is  conducted,  the  business
allocation percentage shall be one hundred percent.
(b)    If  it  shall  appear to the tax commission that the allocation
percentage determined in  subdivision  (a)  of  this  section  does  not
properly  reflect  the  activity,  business  or  income  of a taxpayer's
unrelated trade or business within the state, the tax  commission  shall
be  authorized,  in its discretion, to adjust it by (1) excluding one or
more of the factors therein, (2) including one or  more  other  factors,
such as expenses, purchases, contract values (minus subcontract values),
(3)   excluding   one  or  more  assets  in  computing  such  allocation
percentage,  provided  the  income  therefrom  is   also   excluded   in
determining  unrelated  business taxable income or (4) any other similar
or different method calculated to effect a fair and proper allocation of
the income reasonably attributable to this state.   The  tax  commission
from  time  to  time  shall publish all rulings of general interest with
respect to any application of the provisions of this subdivision.