cal. admin. code tit. 18, § 25128.5 (oct. 22, 2011)

California Office of Admin istrative Law Home Most Rece nt Upd ates Search Help © Welcome to the online source for the California Code of Regulatio ns 18 CA ADC § 25128 .5 § 25128.5. Single- Sales Factor Fo rmula Election. Term 18 CCR § 25128.5 Cal. Admin. Code tit. 18, § 25128.5 Barcl ays O ffi ci al Cali fornia Co de o f Regulations Currentness Ti tle 18. P ublic R even ues Di vision 3. Franchise Tax Board Cha pter 3.5. B ank a nd Co rporation Tax (T axab le Years Beginning After 12- 31-54) Subchapte r 17. Allocation of Income Article 2.5. Uniform Division of Income fo r Tax Purpo ses Ac t § 2 51 28 .5. Single-Sales Factor Formu la Electio n. (a) Definitions. For purposes of this regulation, the following definitions are applicable: (1) Aff il iated corpo rations . “Affi li ate d corporation s” a re corporations related b y common own ership. (2) Apportioni ng trade or business . “Appor tioni ng trade or business ” means a distinct tr ade or business whose business incom e is requir ed to be apportioned because it has income derived from sources within this state and from sources outside this state. An appo rti oning trade or business can be conducte d in many forms, incl uding, but n ot limited to , the fo llow ing: (A) A corporation. (B ) A corporation t hat is a member of a combined repo rting group. ( C) A di vision of a corpor ation enga ged in a sepa rate trade or business n ot unitary with the other trades or businesses of the corporation. ( D) A partnershi p to the extent ow ned by a corpor ate p artner that is not unitary with the partnership, whe ther the corpor ation sta nds alone o r is a member of a combined reporti ng group. ( E) A partnership to the extent ow ned by a pa rtner who is an individual who is not a resident of California. ( F) A sole propri etorship that is operated by an indivi dual who is not a resident of Ca li forni a. (3) Apportionment. “Apportionment” is the means by which the total business income of an apportioning t rade or business is as signed to this state unde r Revenue and Taxation Code sections 25128 through 25137 and section 25141. (4) Banking or financial busine ss activi ty. “Banking or financial busines s activ ity” means activities attri butable to dealings in money or moneyed capi tal in substa ntial c ompeti tion with the business of national banks. (5) B usiness assets. “Business as sets ” are assets , i ncl uding i ntangibl e assets , other than stock of a member of the combined reporti ng group, which are us ed in the conduct of the business of the combined reporting group or would produce business income to the combined reporting group if the assets w ere sol d.

cal. admin. code tit. 18, § 25128.5 (oct. 22, 2011)

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