Current through Register Vol. 35, No. 18, September 24, 2024
A. The special rules established in Section
3.5.19.14 NMAC apply to airlines.
B.
In general. Where an
airline has income from sources both within and without this state, the amount
of business income from sources within this state shall be determined pursuant
to the provisions of the Uniform Division of Income for Tax Purposes Act,
Sections
7-4-1 through
7-4-21 NMSA
1978, except as modified by this section.
C.
Apportionment of business
income.
(1) General definitions. The
following definitions are applicable to the terms used in the apportionment
factor descriptions.
(a) "Value" of owned
real and tangible personal property shall mean its original cost.
(b) "Cost of aircraft by type" means the
average original cost or value of aircraft by type which are ready for
flight.
(c) "Original cost" means
the initial federal tax basis of the property plus the value of capital
improvements to such property, except that, for this purpose, it shall be
assumed that safe harbor leases are not true leases and do not affect the
original initial federal tax basis of the property.
(d) "Average value" of the property means the
amount determined by averaging the values at the beginning and ending of the
income year, but the taxation and revenue department may require the averaging
of monthly values during the income year if such averaging is necessary to
reflect properly the average value of the airline's property.
(e) The "value" of rented real and tangible
personal property means the product of eight (8) times the net annual rental
rate.
(f) "Net annual rental rate"
means the annual rental rate paid by the taxpayer.
(g) "Property used during the income year"
includes property which is available for use in the taxpayer's trade or
business during the income year.
(h) "Aircraft ready for flight" means
aircraft owned or acquired through rental or lease (but not interchange) which
are in the possession of the taxpayer and are available for service on the
taxpayer routes.
(i) "Revenue
service" means the use of aircraft ready for flight for the production of
revenue.
(j) "Transportation
revenue" means revenue earned by transporting passengers, freight and mail as
well as revenue earned from liquor sales, pet crate rentals, etc.
(k) "Departures" means for purposes of
Section 3.5.19.14 NMAC all takeoffs, whether they be regularly scheduled or
charter flights, that occur during revenue service.
(2) Property factor.
(a) Property valuation. Owned aircraft shall
be valued at its original cost and rented aircraft shall be valued at eight (8)
times the net annual rental rate in accordance with Section
7-4-12
NMSA 1978 and Part 3.5.12 NMAC. The use of the taxpayer's owned or rented
aircraft in an interchange program with another air carrier will not constitute
a rental of such aircraft by the airlines to the other participating airline.
Such aircraft shall be accounted for in the property factor of the owner. Parts
and other expendables, including parts for use in contract overhaul work, will
be valued at cost.
(b) The
denominator and numerator of the property factor.
(i) The denominator of the property factor
shall be 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 shall be the average value of the taxpayer's real and tangible
personal property owned or rented and used in this state during the income
year.
(ii) In determining the
numerator of the property factor, all property except aircraft ready for flight
shall be included in the numerator of the property factor in accordance with
Sections
7-4-11
through
7-4-13
NMSA 1978 inclusive. Aircraft ready for flight shall be included in the
numerator of the property factor in the ratio calculated as follows:
(iii) Departures of aircraft from locations
in this state weighted as to the cost and value of aircraft by type compared to
total departures similarly weighted.
(3) The payroll factor. The denominator of
the payroll factor is the total compensation paid everywhere by the taxpayer
during the income year. The numerator of the payroll factor is the total amount
paid in this state during the income year by the taxpayer for compensation.
With respect to non-flight personnel, compensation paid to such employees shall
be included in the numerator as provided in Sections
7-4-14
and
7-4-15
NMSA 1978. With respect to flight personnel (the air crew aboard an aircraft
assisting in the operations of the aircraft or the welfare of passengers while
in the air), compensation paid to such employees shall be included in the ratio
of departures of aircraft from locations in this state, weighted as to the cost
and value of aircraft by type compared to total departures similarly weighted,
multiplied by the total flight personnel compensation.
(4) Sales (transportation revenue) factor.
The transportation revenue derived from transactions and activities in the
regular course of the trade or business of the taxpayer and miscellaneous sales
of merchandise, etc., are included in the denominator of the revenue factor.
Passive income items such as interest, rental income, dividends, etc., will not
generally be included in either the denominator nor the numerator of the sales
factor nor will the proceeds or net gains or losses from the sale of aircraft
be included in the denominator or numerator of the sales factor unless such
income is derived from transactions or activities in the regular trade or
business of the taxpayer. The numerator of the revenue factor is the total
revenue of the taxpayer in this state during the income year. The total revenue
of the taxpayer in this state during the income year is the result of the
following calculation: the ratio of departures of aircraft in this state
weighted as to the cost and value of aircraft by type, as compared to total
departures similarly weighted multiplied by the total transportation revenue.
The product of this calculation is to be added to any non-flight revenues
directly attributable to this state.
D.
Records. The taxpayer
must maintain the records necessary to arrive at departures by type of aircraft
as used in this section. Such records are to be subject to review by the
respective state taxing authorities or their agents.
E. The provisions of Section 3.5.19.14 NMAC
apply to any taxable year beginning on or after January 1, 1990.