Arizona Administrative Code
Title 15 - REVENUE
Chapter 2 - DEPARTMENT OF REVENUE - INCOME AND WITHHOLDING TAX SECTION
Subchapter D - CORPORATIONS
Article 8 - SALES FACTOR
Section R15-2D-801 - General
Universal Citation: AZ Admin Code R 15-2D-801
Current through Register Vol. 30, No. 38, September 20, 2024
A. The following are provisions for determining "sales" under A.R.S. § 43-1145:
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 the goods or products (or
other property of a kind that 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. For purposes of this subsection, "gross receipts" means gross sales
less returns and allowances and includes all interest income, service charges,
carrying charges, or time-price differential charges incidental to the sales.
Federal and state excise taxes (including sales taxes) are included as part of
the receipts if the 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 or research and
development contracts, "sales" includes the gross receipts from the performance
of the services including fees, commissions, and similar items.
4. In the case of a taxpayer engaged in
renting or licensing the use of real or tangible property, "sales" includes the
gross receipts from these activities.
5. In the case of a taxpayer engaged in the
sale, assignment, or licensing the use of intangible personal property such as
patents and copyrights, "sales" includes the gross receipts from these
activities.
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.
B. In some cases certain gross receipts are disregarded in determining the sales factor so that the apportionment formula will operate fairly to apportion to this state the income of the taxpayer's trade or business. See R15-2D-903.
Disclaimer: These regulations may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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