reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 4 - Property Factor › 15 AAC 19.201 - Averaging property values

Current through May 31, 2024
As a general rule, the average value of property owned by the
				  taxpayer shall be determined by averaging the values at the beginning and
				  ending of the tax period. However, the commissioner will, in his discretion,
				  require or allow averaging by monthly values if that method of averaging is
				  required to properly reflect the average value of the taxpayer's property for
				  the tax period. Averaging by monthly values will generally be applied if
				  substantial fluctuations in the values of the property exist during the tax
				  period or where property is acquired after the beginning of the tax period or
				  disposed of before the end of the tax period. Averaging with respect to rented
				  property is achieved automatically by the method of determining the net annual
				  rental rate of that property as set out in
				  15 AAC 19.181 and
				  15 AAC 19.191.
Authority:
AS
					 43.05.080
AS
					 43.19.010
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 4 - Property Factor › 15 AAC 19.202 - Special rules

Current through May 31, 2024
(a) If the subrents taken into account in
				determining the net annual rental rate under
				15 AAC 19.191 produce a negative
				or clearly inaccurate value for any item of property, another method which will
				properly reflect the value of rented property may be required by the
				commissioner of revenue or requested by the taxpayer. In no case, however, may
				that value be less than an amount which bears the same ratio to the annual
				rental rate paid by the taxpayer for such property as the fair market value of
				that portion of the property used by the taxpayer bears to the total fair
				market value of the rented property.
(b) If property owned by others is used by
				the taxpayer at no charge or rented by the taxpayer for a nominal rate, the net
				annual rental rate for that property must be determined on the basis of a
				reasonable market rental rate for that property.
Authority:
AS
					 43.05.080
AS
					 43.19.010
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 5 - Payroll Factor › 15 AAC 19.221 - Denominator

Current through May 31, 2024
The denominator of the payroll factor is the total
				  compensation paid everywhere during the tax period. Accordingly, compensation
				  paid to employees whose services are performed entirely in a state where the
				  taxpayer is immune from taxation, for example, by Public Law 86-272, is
				  included in the denominator of the payroll factor.
Authority:
AS
					 43.05.080
AS
					 43.19.010
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 5 - Payroll Factor › 15 AAC 19.231 - Numerator

Current through May 31, 2024
The numerator of the payroll factor is the total amount paid
				  in this state during the tax period by the taxpayer for compensation. The tests
				  in AS
				  43.19.010, Article IV.14, to be applied in
				  determining whether compensation is paid in this state, are derived from the
				  Model Unemployment Compensation Act. Accordingly, if compensation paid to
				  employees is included in the payroll factor by use of the cash method of
				  accounting or if the taxpayer is required to report such compensation under
				  such method for unemployment compensation purposes, it shall be presumed that
				  the total wages reported by the taxpayer to this state for unemployment
				  compensation purposes constitutes compensation paid in this state except for
				  compensation excluded under
				  15 AAC 19.211 -
				  15 AAC 19.241. The presumption may
				  be overcome by satisfactory evidence that an employee's compensation is not
				  properly reportable to this state for unemployment compensation
				  purposes.
Authority:
AS
					 43.05.080
AS
					 43.19.010
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 5 - Payroll Factor › 15 AAC 19.241 - Compensation paid in this state

Current through May 31, 2024
(a) Compensation is
				paid in this state if any one of the following tests, applied consecutively, is
				met:
(1) the employee's service is performed
				entirely within this state;
(2) the
				employee's service is performed both within and outside of the state, but the
				service performed outside of the state is incidental to the employee's service
				within the state; "incidental" means any service which is temporary or
				transitory in nature, or which is rendered in connection with an isolated
				transaction;
(3) if the employee's
				services are performed both within and outside of this state, the employee's
				compensation will be attributed to this state
(A) if the employee's base of operation is in
				this state; or
(B) if there is no
				base of operations in any state in which some part of the service is performed,
				but the place from which the service is directed or controlled is in this
				state; or
(C) if the base of
				operations or the place from which the service is directed or controlled is not
				in any state in which some part of the service is performed but the employee's
				residence is in this state.
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 6 - Sales Factor › 15 AAC 19.251 - Sales factor in general

Current through May 31, 2024
(a)AS
				43.19.010, Article IV.1.(g), defines the term
				"sales" to mean all gross receipts of the taxpayer not allocated under
				AS
				43.19.010, Article IV.5 to IV.8. Thus, for
				the purposes of the sales factor of the apportionment formula for each trade or
				business of the taxpayer, the term "sales" means all gross receipts derived by
				the taxpayer from transactions and activity in the regular course of that trade
				or business. The following are rules for determining "sales" in various
				situations:
(1) In the case of a taxpayer
				engaged in manufacturing and selling or purchasing and reselling goods or
				products, "sales" includes all gross receipts from the sales of those goods or
				products (or other property of a kind which would properly be included in the
				inventory of the taxpayer if on hand at the close of the tax period) held by
				the taxpayer primarily for sale to customers in the ordinary course of its
				trade or business. "Gross receipts," for this purpose, means gross sales, less
				returns and allowances, and includes all interest income, service charges,
				carrying charges, or time-price differential charges incidental to those sales.
				Federal and state excise taxes (including sales taxes) must be included as part
				of those receipts if those taxes are passed on to the buyer or included as part
				of the selling price of the product.
(2) In the case of cost-plus-fixed-fee
				contracts, such as the operation of a government-owned plant for a fee, "sales"
				includes the entire reimbursed cost, plus the fee.
(3) In the case of a taxpayer engaged in
				providing services, such as the operation of an advertising agency, or the
				performance of equipment service contracts, research and development contracts,
				"sales" includes the gross receipts from the performance of those services
				including fees, commissions, and similar items.
(4) In the case of a taxpayer engaged in
				renting real or tangible property, "sales" includes the gross receipts from the
				rental, lease, or licensing the use of the property.
(5) In the case of a taxpayer engaged in the
				sale, assignment, or licensing of intangible personal property such as patents
				and copyrights, "sales" includes the gross receipts from them.
(6) If a taxpayer derives receipts from the
				sale of equipment used in its business, those receipts constitute "sales." For
				example, a truck express company owns a fleet of trucks and sells its trucks
				under a regular replacement program. The gross receipts from the sales of the
				trucks are included in the sales factor.
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 6 - Sales Factor › 15 AAC 19.261 - Denominator

Current through May 31, 2024
The denominator of the sales factor must include the total
				  gross receipts derived by the taxpayer from transactions and activity in the
				  regular course of its trade or business, except receipts excluded under
				  15 AAC 19.302.
Authority:
AS
					 43.05.080
AS
					 43.19.010
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 6 - Sales Factor › 15 AAC 19.271 - Numerator

Current through May 31, 2024
The numerator of the sales factor must include gross receipts
				  attributable to this state and derived by the taxpayer from transactions and
				  activity in the regular course of its trade or business. All interest income,
				  service charges, carrying charges, or time-price differential charges
				  incidental to those gross receipts shall be included regardless of
(1) the place where the accounting records
				are maintained; or
(2) the location
				of the contractor or other evidence of indebtedness.
Authority:
AS
					 43.05.080
AS
					 43.19.010
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 6 - Sales Factor › 15 AAC 19.281 - Sales of tangible personal property in this state

Current through May 31, 2024
(a) Gross receipts
				from sales of tangible personal property (except sales to the United States
				government as defined in
				15 AAC 19.291) are in this state
(1) if the property is delivered or shipped
				to a purchaser within this state regardless of the f.o.b. point or other
				conditions of sale; or
(2) if the
				property is shipped from an office, store, warehouse, factory, or other place
				of storage in this state and the taxpayer is not taxable in the state of the
				purchaser.
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 6 - Sales Factor › 15 AAC 19.291 - Sales of tangible personal property to the United States Government in this state

Current through May 31, 2024
Gross receipts from sales of tangible personal property to
				  the United States government are in this state if the property is shipped from
				  an office, store, warehouse, factory, or other place of storage in this state.
				  For the purpose of this section, only sales for which the United States
				  government makes direct payment to the seller under the terms of a contract
				  constitute sales to the United States government. Thus, as a general rule,
				  sales by a subcontractor to the prime contractor, the party to the contract
				  with the United States government, do not constitute sales to the United States
				  government.
Authority:
AS
					 43.05.080
AS
					 43.19.010
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 6 - Sales Factor › 15 AAC 19.301 - Sales other than sales of tangible personal property in this state

Current through May 31, 2024
(a) In General.
				AS
				43.19.010, Article IV.17, provides for the
				inclusion in the numerator of the sales factor, gross receipts from
				transactions other than sales of tangible personal property (including
				transactions with the United States government); under this section gross
				receipts are attributed to this state if the income-producing activity which
				gave rise to the receipts is performed wholly within this state. Also, gross
				receipts are attributed to this state if, with respect to a particular item of
				income, the income-producing activity is performed within and outside of this
				state but the greater proportion of the income-producing activity is performed
				in this state, based on costs of performance.
(b) Income-Producing Activity Defined. The
				term "income-producing activity" applies to each separate item of income and
				means the transactions and activity directly engaged in by the taxpayer in the
				regular course of its trade or business for the ultimate purpose of obtaining
				gains or profit. Such activity does not include transactions and activities
				performed on behalf of a taxpayer, such as those conducted on its behalf by an
				independent contractor. Accordingly, income-producing activity includes, but is
				not limited to, the following:
(1) rendering
				personal services by employees or the use of tangible and intangible property
				by the taxpayer in performing a service;
(2) selling, renting, leasing, licensing or
				other use of real property;
(3)
				renting, leasing, licensing, or other use of tangible personal property;
				or
(4) selling, licensing, or other
				use of intangible personal property; except that merely holding intangible
				personal property is not, of itself, an income-producing activity.
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 6 - Sales Factor › 15 AAC 19.302 - Special rule

Current through May 31, 2024
(a) Where substantial amounts of gross
				receipts arise from an incidental or occasional sale of a fixed asset used in
				the regular course of the taxpayer's trade or business, those gross receipts
				must be excluded from the sales factor. For example, gross receipts from the
				sale of a factory or plant will be excluded.
(b) Insubstantial amounts of gross receipts
				arising from incidental or occasional transactions or activities may be
				excluded from the sales factor unless that exclusion would materially affect
				the amount of income apportioned to this state. For example, the taxpayer
				ordinarily may include or exclude from the sales factor gross receipts from
				such transactions as the sale of office furniture, business automobiles,
				etc.
(c) Where the income-producing
				activity in respect to business income from intangible personal property can be
				readily identified, that income is included in the denominator of the sales
				factor and, if the income-producing activity occurs in this state, in the
				numerator of the sales factor as well. For example, usually the
				income-producing activity can be readily identified in respect to interest
				income received on deferred payments on sales of tangible property
				(15 AAC 19.251(a) (1)) and income from the sale, licensing or
				other use of intangible personal property (15 AAC 19.301(b) (4)).
(d) Where business income from intangible
				property cannot readily be attributed to any particular income-producing
				activity of the taxpayer, that income cannot be assigned to the numerator of
				the sales factor for any state and must be excluded from the denominator of the
				sales factor. For example, where business income in the form of dividends
				received on stock, royalties received on patents or copyrights, or interest
				received on bonds, debentures or government securities results from the mere
				holding of the intangible personal property by the taxpayer, those dividends
				and that interest must be excluded from the denominator of the sales
				factor.
Authority:
AS
					 43.05.080
AS
					 43.19.010
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 7 - General Provisions › 15 AAC 19.900 - Definitions

Current through May 31, 2024
Unless the context otherwise requires, in this chapter
(1) "allocation" refers to the assignment of
				nonbusiness income to a particular state;
(2) "apportionment" refers to the division of
				business income between states by the use of a formula containing apportionment
				factors;
(3) "business activity"
				refers to the transactions and activity occurring in the regular course of a
				particular trade or business of a taxpayer;
(4) "taxpayer" means any natural person,
				corporation, partnership, firm, association, or governmental unit or agency
				acting as a business entity in this state.
Authority:
AS
					 43.05.080
AS
					 43.19.010
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 8 - Special Rules: Airlines › 15 AAC 19.1100 - Airlines in general

Current through May 31, 2024
If an airline has income from sources both within and outside
				  this state, the amount of business income from sources within this state must
				  be determined in accordance with
				  15 AAC 19.1100 -
				  15 AAC 19.1190. In such cases, the
				  first step is to determine which portion of the airline's income constitutes
				  "business" income and which portion constitutes "nonbusiness" income under
				  AS
				  43.19.010, Article IV.1 and under
				  15 AAC 19.011 and
				  15 AAC 19.031. Nonbusiness income
				  is directly allocable to specific states under the provisions of
				  AS
				  43.19.010, Article IV.5 -.8. Business income
				  is apportioned among the states in which the business is conducted in
				  accordance with the property, payroll and sales apportionment factors set out
				  in this chapter. The sum of (1) the items of nonbusiness income directly
				  allocated to this state, plus (2) the amounts of business income attributable
				  to this state constitutes the amount of the taxpayer's entire net income which
				  is subject to tax by this state.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former AS 43.20.071 as
					 AS
					 43.20.143. As of Register 204 (January 2013),
					 the regulations attorney made a conforming technical revision under
					 AS
					 44.62.125(b)(6), to the
					 authority citation that follows
					 15 AAC 19.1100, so that the
					 citation to former AS 43.20.071(b) now refers to the renumbered statute,
					 AS
					 43.20.143.
Authority:
AS
					 43.05.080
AS 43.19.010
AS
					 43.20.143
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 8 - Special Rules: Airlines › 15 AAC 19.1110 - Apportionment of business income

Current through May 31, 2024
(a) Property
				Factor.
(1) The property factor includes the
				value of all owned and rented aircraft. The use of the taxpayer's owned or
				rented aircraft in an exchange program with another air carrier does not
				constitute a rental or subrental, whichever the case may be, of that aircraft
				by the airline to the other participating airline. That aircraft must be
				accounted for in the property factor of the taxpayer. Engines, parts, and other
				expendables, including parts for use in contract overhaul work, will be valued
				at cost. Landing fees do not constitute rentals in the valuation of property
				used or rented during the income year.
(2) The denominator of the property factor is
				the average value of all of the taxpayer's real and tangible personal property
				owned or rented and used during the income year. The numerator of the property
				factor is the average value of the taxpayer's real and tangible personal
				property owned or rented and used in the state during the income year. In
				determining the numerator of the property factor, all property except aircraft
				ready for flight, including all attached equipment, must be included in the
				numerator of the property factor in accordance with
				AS
				43.19.010, Article IV.10 -.12, and
				15 AAC 19.171. Aircraft ready for
				flight must be included in the numerator of the property factor in the ratio
				that ground time (hours) of that aircraft in this state bears to the ground
				time (hours) of that aircraft everywhere, as defined in
				15 AAC 19.1190.
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 8 - Special Rules: Airlines › 15 AAC 19.1120 - Records

Current through May 31, 2024
The taxpayer must maintain the records necessary to arrive at
				  "ground time" as defined in
				  15 AAC 19.1190, which records are
				  subject to review by the department.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former AS 43.20.071 as
					 AS
					 43.20.143. As of Register 204 (January 2013),
					 the regulations attorney made a conforming technical revision under
					 AS
					 44.62.125(b)(6), to the
					 authority citation that follows
					 15 AAC 19.1120, so that the
					 citation to former AS 43.20.071(b) now refers to the renumbered statute,
					 AS
					 43.20.143.
Authority:
AS
					 43.05.080
AS 43.19.010
AS
					 43.20.143
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 8 - Special Rules: Airlines › 15 AAC 19.1190 - Definitions for 15 AAC 19.1100 - 15 AAC 19.1190

Current through May 31, 2024
(a) "Ground time"
				for air carriers means all time spent on the ground while loading and unloading
				passengers, freight, mail, or operating supplies, or during refueling
				operations, and does not include periods when the aircraft is
(1) not being loaded or unloaded;
(2) not in service; or
(3) idle due to strikes, repairs and
				maintenance, downshifts, or seasonal reduction of service.
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 9 - Special Rules: Land Transportation Carriers › 15 AAC 19.1200 - Land transportation carriers in general

Current through May 31, 2024
If a land transportation carrier has income from sources both
				  within and outside this state, the amount of business income from sources
				  within this state must be determined in accordance with
				  15 AAC 19.1200 -
				  15 AAC 19.1290. In such cases, the
				  first step is to determine which portion of the land transportation carriers'
				  income constitutes "business" income and which portion constitutes
				  "nonbusiness" income under
				  AS
				  43.19.010, Article IV.1, and under
				  15 AAC 19.011 and
				  15 AAC 19.031. Nonbusiness income
				  is directly allocable to specific states in accordance with the provisions of
				  AS
				  43.19.010, Article IV.5 -.8. Business income
				  is apportioned among the states in which the business is conducted in
				  accordance with the property, payroll, and sales apportionment factors set out
				  in 15 AAC 19.1210. The sum of (1) the
				  items of nonbusiness income directly allocated to this state, plus (2) the
				  amount of business income attributable to this state constitutes the amount of
				  the taxpayer's entire net income which is subject to tax by this
				  state.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former AS 43.20.071 as
					 AS
					 43.20.143. As of Register 204 (January 2013),
					 the regulations attorney made a conforming technical revision under
					 AS
					 44.62.125(b)(6), to the
					 authority citation that follows
					 15 AAC 19.1200, so that the
					 citation to former AS 43.20.071(b) now refers to the renumbered statute,
					 AS
					 43.20.143.
Authority:
AS
					 43.05.080
AS 43.19.010
AS
					 43.20.143
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 9 - Special Rules: Land Transportation Carriers › 15 AAC 19.1210 - Apportionment of business income

Current through May 31, 2024
(a) Property
				Factor.
(1) The denominator of the property
				factor is the average value of all of the taxpayer's real and tangible personal
				property owned or rented and used during the income year.
(2) The numerator of the property factor is
				the average value of the taxpayer's real and tangible personal property owned
				or rented and used in this state during the income year. In determining the
				numerator of the property factor, all property except interstate mobile
				transportation equipment must be included in the numerator of the property
				factor in accordance with
				AS
				43.19.010, Article IV.10 -.12, and
				15 AAC 19.171.
(3) The Alaska portion of interstate mobile
				transportation equipment for inclusion in the numerator must be determined by
				multiplying the total interstate mobile transportation equipment by the
				terminal days ratio.
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 9 - Special Rules: Land Transportation Carriers › 15 AAC 19.1220 - Records

Current through May 31, 2024
The taxpayer must maintain the records necessary to arrive at
				  "days spent in terminals" as defined in
				  15 AAC 19.1290, which records are
				  subject to review by the department.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former AS 43.20.071 as
					 AS
					 43.20.143. As of Register 204 (January 2013),
					 the regulations attorney made a conforming technical revision under
					 AS
					 44.62.125(b)(6), to the
					 authority citation that follows
					 15 AAC 19.1220, so that the
					 citation to former AS 43.20.071(b) now refers to the renumbered statute,
					 AS
					 43.20.143.
Authority:
AS
					 43.05.080
AS 43.19.010
AS
					 43.20.143
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 10 - Special Rules: Construction Contractors › 15 AAC 19.1300 - Construction contractors in general

Current through May 31, 2024
If a construction contractor is performing long-term
				  contracts and is engaged in business both within and outside this state, the
				  amount of income from sources within this state, including income from those
				  long-term contracts, must be determined in accordance with
				  15 AAC 19.1300 -
				  15 AAC 19.1390.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former
					 AS
					 43.20.065 as
					 AS
					 43.20.142. As of Register 204 (January 2013),
					 the regulations attorney made a conforming technical revision under
					 AS
					 44.62.125(b)(6), to the
					 authority citation that follows
					 15 AAC 19.1300, so that the
					 citation to former
					 AS
					 43.20.065 now refers to the renumbered
					 statute, AS
					 43.20.142.
Authority:
AS
					 43.05.080
AS 43.19.010
AS
					 43.20.142
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 10 - Special Rules: Construction Contractors › 15 AAC 19.1310 - Apportionment of business income

Current through May 31, 2024
A construction contractor's business income must be
				  apportioned to this state by either the apportionment formula described in
				  15 AAC 19.1320 or the formula
				  described in
				  15 AAC 19.1330.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former
					 AS
					 43.20.065 as
					 AS
					 43.20.142. As of Register 204 (January 2013),
					 the regulations attorney made a conforming technical revision under
					 AS
					 44.62.125(b)(6), to the
					 authority citation that follows
					 15 AAC 19.1310, so that the
					 citation to former
					 AS
					 43.20.065 now refers to the renumbered
					 statute, AS
					 43.20.142.
Authority:
AS
					 43.05.080
AS 43.19.010
AS
					 43.20.142
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 10 - Special Rules: Construction Contractors › 15 AAC 19.1320 - Apportionment formula; percentage of completion method

Current through May 31, 2024
The apportionment formula for a taxpayer reporting income
				  under the percentage of completion method is a fraction
(1) the numerator of which is the sum of
(A) the property factor as defined in
				AS
				43.19.010, Article IV.10 -.12, and
				15 AAC 19.141 -
				15 AAC 19.202;
(B) the payroll factor as defined in
				AS
				43.19.010, Article IV.13 -.14 and
				15 AAC 19.211 -
				15 AAC 19.241, except that
				compensation paid to an employee who performs construction contractor services
				is attributable to this state if the compensation is actually earned in the
				state, without regard to base of operations, residence of the employee, or
				place from which the service is controlled; and
(C) the sales factor as defined in
				AS
				43.19.010, Article IV.15 -.17, and
				15 AAC 19.251 -
				15 AAC 19.302, except that gross
				revenues derived from the performance of contracts are attributable to this
				state if the construction projects are located in this state; and
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 10 - Special Rules: Construction Contractors › 15 AAC 19.1330 - Apportionment formula; completed contract method

Current through May 31, 2024
(a) The
				apportionment formula for a taxpayer reporting income under the completed
				contract method is a fraction
(1) the
				numerator of which is the sum of
(A) the
				property factor as defined in
				AS
				43.19.010, Article IV.10 -.12, and
				15 AAC 19.141 -
				15 AAC 19.202, and modified under
				(b)(1) and (b)(2) of this section;
(B) the payroll factor as defined in
				AS
				43.19.010, Article IV.13 -.14, and
				15 AAC 19.211 -
				15 AAC 19.241, and modified under
				(b)(3) and (b)(4) of this section, except that compensation paid an employee
				who performs construction contractor services is attributable to this state if
				the compensation is actually earned in the state, without regard to base of
				operations, residence of the employee, or place from which the service is
				controlled; and
(C) the sales
				factor as defined in
				AS
				43.19.010, Article IV.15 -.17, and
				15 AAC 19.251 -
				15 AAC 19.302, and modified under
				(b)(5) and (b)(6) of this section, except that gross revenues derived from the
				performance of contracts are attributable to this state if the construction
				projects are located in this state; and
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 10 - Special Rules: Construction Contractors › 15 AAC 19.1390 - Definitions for 15 AAC 19.1300 - 15 AAC 19.1390

Current through May 31, 2024
In
				  15 AAC 19.1300 -
				  15 AAC 19.1390
(1) "construction contractor" means a person
				who undertakes or offers to perform to construct, alter, repair, move, or
				demolish, including excavation and site development, a highway, building, road,
				railroad, or any type of fixed structures;
(2) "long-term contract" means a contract
				performed by a construction contractor and which is not completed within the
				taxable year in which it is entered into.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former
					 AS
					 43.20.065 as
					 AS
					 43.20.142. As of Register 204 (January 2013),
					 the regulations attorney made a conforming technical revision under
					 AS
					 44.62.125(b)(6), to the
					 authority citation that follows
					 15 AAC 19.1390, so that the
					 citation to former
					 AS
					 43.20.065 now refers to the renumbered
					 statute, AS
					 43.20.142.
Authority:
AS
					 43.05.080
AS 43.19.010
AS
					 43.20.142
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 11 - Special Rules: Water Transportation Carriers › 15 AAC 19.1410 - Days-spent-in-port ratio

Current through May 31, 2024
(a) A water
				transportation carrier shall use a days-spent-in-port ratio computed under this
				section to attribute to the numerators calculated under
				15 AAC 19.1420 -
				15 AAC 19.1440 a portion of the
				total property, payroll, and sales of each ship that the taxpayer uses in
				Alaska mobile property operations during the tax year.
(b) The taxpayer shall calculate a
				days-spent-in-port ratio for each ship engaged in Alaska mobile property
				operations during the tax year. The days-spent-in-port ratio is the number of
				days that the ship spends in port in the state during the tax year, divided by
				the total number of days that the ship spends in all ports during the tax year.
				The taxpayer shall compute days spent in port by dividing hours spent in port
				by 24.
(c) Hours spent in port are
				the total hours during the tax year that a ship is docked or anchored within a
				jurisdiction. The taxpayer may compute hours spent in port by using either the
				entries in the ship's logs or the ship's published schedule, adjusted as
				necessary for the hours described in (d) of this section.
(d) Hours spent in port do not include the
				hours that a ship is docked or anchored solely due to strikes or repairs, or is
				not in service as described in
				AS
				43.20.143(a)(4).
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former AS 43.20.071 as
					 AS
					 43.20.143, former AS 43.20.072 as
					 AS
					 43.20.144, and former AS 43.20.073 as
					 AS
					 43.20.145. As of Register 204 (January 2013),
					 the regulations attorney made a conforming technical revision under AS 44.62.
					 125(b)(6), to
					 15 AAC 19.1410(d), so that the
					 cross-reference to former AS 43.20.071(a)(4) now refers to the renumbered
					 statute, AS
					 43.20.143(a)(4). In
					 addition, the regulations attorney made conforming technical revisions to the
					 authority citation that follows
					 15 AAC 19.1410, so that citations
					 to former AS 43.20.071, 43.20.072, and 43.20.073 now refer to the renumbered
					 statutes, AS 43.20.143,
					 43.20.144, and
					 43.20.145.
Authority:
AS
					 43.05.080
AS 43.19.010
AS 43.20.143
AS 43.20.144
AS
					 43.20.145
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 11 - Special Rules: Water Transportation Carriers › 15 AAC 19.1420 - Property factor

Current through May 31, 2024
(a) For a water transportation carrier, the
				numerator of the property factor is the sum of
(1) the value, determined under AS 43.19 as
				modified by
				AS
				43.20.144(e) where
				applicable, of in-state property other than property used in Alaska mobile
				property operations described in (2) of this subsection; and
(2) the value, determined under AS 43.19, of
				each ship and property used on, or in conjunction with each ship, that is used
				in Alaska mobile property operations during the tax year, multiplied by that
				ship's days-spent-in-port ratio determined under
				15 AAC 19.1410 for the tax
				year.
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 11 - Special Rules: Water Transportation Carriers › 15 AAC 19.1430 - Payroll factor

Current through May 31, 2024
(a) For a water transportation carrier, the
				numerator of the payroll factor is the sum of
(1) the compensation paid to employees
				assigned to locations within the state determined under AS 43.19; and
(2) the total year's compensation paid to the
				crew, master, and officers of each ship that is used in Alaska mobile property
				operations during the tax year, multiplied by that ship's days-spent-in-port
				ratio determined under
				15 AAC 19.1410 for the tax
				year.
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 11 - Special Rules: Water Transportation Carriers › 15 AAC 19.1440 - Sales factor

Current through May 31, 2024
(a) For a water transportation carrier, the
				numerator of the sales factor is the sum of
(1) the in-state gross receipts, determined
				under AS 43.19 as modified by
				AS
				43.20.144(d) where
				applicable, that are not from Alaska mobile property operations; and
(2) the tax year's gross receipts from mobile
				property operations everywhere for each ship that is used in Alaska mobile
				property operations during the tax year, multiplied by that ship's
				days-spent-in-port ratio determined under
				15 AAC 19.1410 for the tax
				year.
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 11 - Special Rules: Water Transportation Carriers › 15 AAC 19.1450 - Oil and gas taxpayers

Current through May 31, 2024
A water transportation carrier that is subject to
				  15 AAC 20.300(c)
				  shall use 25 AAC 19.1410 -
				  15 AAC 19.1490 to calculate the
				  portion of its property and sales numerators attributable to Alaska mobile
				  property operations.
In 2012 the revisor of statutes, acting under
					 AS
					 01.05.031, renumbered former AS 43.20.071 as
					 AS
					 43.20.143 and former AS 43.20.072 as
					 AS
					 43.20.144. As of Register 204 (January 2013),
					 the regulations attorney made conforming technical revisions to the authority
					 citation that follows
					 15 AAC 19.1450, so that citations
					 to former AS 43.20.071 and 43.20.072 now refer to the renumbered statutes,
					 AS
					 43.20.143 and
					 43.20.144.
Authority:
AS
					 43.05.080
AS 43.20.143
AS
					 43.20.144
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 11 - Special Rules: Water Transportation Carriers › 15 AAC 19.1460 - Water's edge combination

Current through May 31, 2024
(a) This section
				applies to determine
(1) which of the
				taxpayer's affiliates, that are engaged in international mobile property
				operations, meet the 20 percent United States factor test under
				AS
				43.20.145(a)(1)(A) and (4)
				and must be included in the taxpayer's water's edge combined report;
				and
(2) whether a taxpayer, that is
				engaged in international mobile property operations, meets the 20 percent
				United States factor test under
				AS
				43.20.145(a)(1)(A) and (4)
				and must be included in the water's edge combined report of another affiliated
				taxpayer corporation.
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 11 - Special Rules: Water Transportation Carriers › 15 AAC 19.1470 - Recordkeeping

Current through May 31, 2024
(a) A taxpayer engaged in Alaska mobile
				property operations that are subject to
				AS
				43.20.145 shall prepare, maintain, and
				provide to the department upon request documents necessary to verify the
				taxpayer's numerators calculated under
				15 AAC 19.1420 -
				15 AAC 19.1440, and documents
				necessary to verify the 20 percent United States factor test under
				AS
				43.20.145(a)(1)(A) and (4)
				and 15 AAC 19.1460, including
(1) calculations and supporting documents for
				the property, payroll, and sales attributable to each ship owned or operated by
				the taxpayer or any affiliate of the taxpayer and used in Alaska mobile
				property operations or international mobile property operations;
(2) the calculation of hours spent in port
				for each ship owned or operated by the taxpayer or any affiliate of the
				taxpayer and used in Alaska mobile property operations or international mobile
				property operations; that calculation shall be prepared in sufficient detail to
				permit audit verification of the calculation by comparison to entries in the
				ship's log, and if applicable, to published schedules; and
(3) copies of each ship's log, and if
				applicable, each ship's published schedule, supporting the calculation of hours
				spent in port.
Alaska Administrative Code › Title 15 - Revenue › Chapter 19 - Multistate Tax Compact › Article 11 - Special Rules: Water Transportation Carriers › 15 AAC 19.1490 - Definitions for 15 AAC 19.1410 - 15 AAC 19.1490

Current through May 31, 2024
In
				  15 AAC 19.1410 -
				  15 AAC 19.1490, unless the context
				  requires otherwise,
(1) "Alaska mobile
				property operations" means
(A) transporting
				goods or persons by ship or barge between a port outside the state and a port
				within the state; or
(B) leasing
				out or chartering out ships, or property used on or in conjunction with ships,
				used for transportation described in (A) of this paragraph;
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 1 - Individual Net Income Tax and Withholding › 15 AAC 20.050 - Allocation and apportionment of income (Relocated)

Current through May 31, 2024
Relocated 4/14/82.
Effective April 14, 1982,
					 15 AAC 20.050 was relocated to
					 15 AAC 20.300.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 1 - Individual Net Income Tax and Withholding › 15 AAC 20.080. - 15 AAC 20.090 - Deleted

Current through May 31, 2024
Eff. 3/6/98, Register 145, the regulations attorney deleted
					 reserved sections 15 AAC 20.080 - 15 AAC 20.090. The Department of Revenue did
					 not adopt regulations under these
					 sections.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 2 - Corporate Net Income Tax; Administration and Credits › 15 AAC 20.110 - Investment tax credit

Current through May 31, 2024
(a) For tax years beginning after June 30, 1980, a taxpayer may apply as a credit against his tax liability computed under AS 43.20 18 percent of the investment credit allowed under Internal Revenue Code section 38 upon only the first $20,000,000 of qualified investment put into use in the state for each taxable year.
(b) For calendar year 1980 and for any fiscal tax year which includes July 1, 1980, expenditures made before July 1, 1980 shall be used in calculating the credit upon only the first $500,000 of qualified investment put into use. Expenditures made after June 30, 1980 must be used in calculating the credit upon only the first $20,000,000 of qualified investment put into use in the state. For tax years which include July 1, 1980, the total qualified investment upon which credit may be claimed may not exceed $20,000,000 under any circumstances.
(c) Expenditures qualifying for the investment credit and subject to the $20,000,000 limitation must
(1) qualify for federal investment credit under section  38 of the Internal Revenue Code;
(2) be cash expenditures or binding payment agreements entered into after June 30, 1980; and
(3) be made for assets placed in service in the state.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 2 - Corporate Net Income Tax; Administration and Credits › 15 AAC 20.130 - Rates of tax

Current through May 31, 2024
If a provision of the Internal Revenue Code that is adopted
				  by reference under
				  AS
				  43.20.021(a) refers to the
				  highest rate of tax under Internal Revenue Code section 11 (26 U.S.C.
				  11), a taxpayer shall use the highest rate
				  of tax specified under
				  AS
				  43.20.011(e).
Authority:
AS
					 43.05.080
AS 43.20.011
AS
					 43.20.021
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 2 - Corporate Net Income Tax; Administration and Credits › 15 AAC 20.140 - Determination of net capital gain or loss

Current through May 31, 2024
(a) A taxpayer's
				net capital gain may be taxed at the alternative tax rate as provided in
				AS
				43.20.021(c). A taxpayer may
				not deduct its net capital loss in determining taxable income. A taxpayer shall
				carry back or carry forward its net capital loss in accordance with Internal
				Revenue Code section 1212  (26 U.S.C. 1212).
(b) A taxpayer shall determine its net
				capital gain and net capital loss by applying Internal Revenue Code sections
				1201 - 1259  (26 U.S.C.
				1201 -
				26 U.S.C. 1259) to its gains and
				losses as apportioned and allocated to Alaska.
(c) For purposes of illustrating the method
				of determining the taxpayer's net capital gain and loss under (b) of this
				section, the following example is offered:
EXAMPLE
Taxpayer A realized $100 of business capital gain and $200 of
				  non-business capital loss, which is allocable to another state. Taxpayer A's
				  Alaska apportionment factor is 15 percent. Taxpayer A has no federal or Alaska
				  capital loss carryforward from prior years. Taxpayer A has a federal net
				  capital gain of zero, and a federal excess capital loss of $100. Taxpayer A's
				  apportioned business capital gain is $15 ($100 X 15 percent). Its Alaska net
				  capital gain is $15, the sum of its Alaska allocated capital gain or loss of
				  zero and its apportioned business capital gain of $15.
(d) For purposes of determining net capital
				gain or loss, the department will, in its discretion, exclude from the
				determination the gains and losses realized by all foreign corporations, as
				defined in Internal Revenue Code section 7701(a) (26 U.S.C.
				7701(a)), that are included
				in the combined report if a taxpayer cannot substantiate with reasonable
				certainty a full and accurate accounting for gains and losses of each foreign
				corporation sufficient to determine the taxpayer's net capital gain or loss
				under this section. A taxpayer may elect to treat the capital gains and losses
				of all foreign corporations that are included in its combined report as
				ordinary gains and losses. An election to treat the capital gains and losses of
				all foreign corporations as ordinary gains and losses shall be deemed to have
				been made by the taxpayer if the taxpayer fails to maintain records sufficient
				for the department to determine with reasonable certainty that there has been a
				full and accurate accounting for the gains and losses of each foreign
				corporation. An election under this subsection is irrevocable for the current
				and subsequent tax years without the consent of the department.
Authority:
AS
					 43.05.080
AS
					 43.20.021
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 2 - Corporate Net Income Tax; Administration and Credits › 15 AAC 20.155 - Electronic filing waivers

Current through May 31, 2024
(a) A waiver of the
				electronic filing requirement granted by the United States Internal Revenue
				Service will be accepted by the department as a waiver to the requirement to
				electronically file a return under this chapter. The corporation or partnership
				must notify the department in writing when a waiver from the United States
				Internal Revenue Service is granted, in accordance with the department's
				instructions.
(b) The department may
				grant a waiver of the requirement to file a return electronically if
(1) the entity submits a written waiver
				request not later than 30 days before the filing due date including extensions;
				and
(2) the entity's facts and
				circumstances demonstrate to the department's satisfaction that complying with
				the requirement would cause an undue financial hardship; the entity's refusal
				to purchase or use the requisite software or computer equipment does not, in
				and of itself, satisfy the conditions for a waiver under this
				subsection.
Alaska Administrative Code › Title 15 - Revenue › Chapter 20 - Alaska Net Income Tax › Article 2 - Corporate Net Income Tax; Administration and Credits › 15 AAC 20.200 - Definitions (Relocated)

Current through May 31, 2024
As of Register 81 (April 1982),
					 15 AAC 20.200 has been relocated
					 to 15 AAC 20.900.