Administrative Rules of Montana
Department 42 - REVENUE
Chapter 42.26 - CORPORATE MULTISTATE ACTIVITIES
Subchapter 42.26.2 - Income Allocation and Apportionment
Rule 42.26.231 - PROPERTY FACTOR IN GENERAL

Universal Citation: MT Admin Rules 42.26.231

Current through Register Vol. 6, March 22, 2024

(1) The property factor of the apportionment formula for each trade or business of the taxpayer shall include all real and tangible personal property owned or rented and used during the tax period in the regular course of such trade or business.

(2) Property used in connection with the production of nonapportionable income shall be excluded from the property factor.

(3) Property used both in the regular course of taxpayer's trade or business and in the production of nonapportionable income shall be included in the factor only to the extent the property is used in the regular course of taxpayer's trade or business. The method of determining that portion of the value to be included in the factor will depend on the facts of each case.

(4) The property factor of the apportionment formula for each trade or business of the taxpayer shall include all real and tangible personal property owned or rented and used during the tax period in the regular course of such trade or business.

AUTH: 15-1-201, 15-31-313, 15-31-501, MCA; IMP: 15-1-601, 15-31-305, 15-31-306, 15-31-307, MCA

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