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F. Allocation and Apportionment Procedures (G.S. 105-130.4)
- Preliminary Statement
A corporation that is taxable both within and without North Carolina
is required to allocate and apportion its entire net income or
loss to North Carolina in accordance with the statutory formula
under G.S. 105-130.4.
No corporation is allowed to use any alternative formula or method
of reporting its income to North Carolina except upon written
order of the Tax Review Board. Any return in which any formula
or method other than as prescribed by statute is used without
the permission of such Board is not a lawful return.
- Alternate Apportionment Formula
If any corporation believes that the statutory allocation formula
allocates a greater portion of its income than is reasonably attributable
to business or earnings in this State, it may request permission
from the Tax Review Board to use an adjusted allocation formula
which it believes would more properly allocate its income to North
Carolina.
The petition must be filed with the Board not later than 90 days
after the regular or extended due date of the tax return. Taxpayers
should address all correspondence in connection with such petitions
to the Secretary of the Tax Review Board, Revenue Building, Raleigh,
North Carolina 27604.
- Statutory Procedures for Reporting Net Income or Loss to
North Carolina
- Determine Net Income Everywhere
The corporation should determine its net income or loss from
its entire operations conducted everywhere during the income
year in accordance with the instructions given in the subject,
"Computation of Net Income." In computing such net
income only contributions to donees outside North Carolina
are deductible. Contributions to qualified North Carolina
donees are deductible only from total income allocated to
North Carolina, computed in Step h.
- Determine Nonbusiness Income
The corporation should review its entire net income or loss
as computed in Step a to determine whether any items of nonbusiness
income, loss and expense qualify for direct allocation to
North Carolina and other states pursuant to G.S. 105-130.4,
subdivisions (d) through (h). To qualify for direct allocation,
such income, loss and expense must have been realized or incurred
in a business activity unrelated to and not constituting an
integral part of the corporation's regular trade or business
conducted everywhere during the income year. Any expenses
directly and/or indirectly related to a nonbusiness activity
must be considered in the computation of nonbusiness income
to be allocated. (See Subject: "Attribution of Expenses
to Nontaxable Income and to Nonbusiness Income and Property".)
- Determine Apportionable Business Income
The corporation determines its apportionable business income
or loss by deducting all nonbusiness income or loss directly
allocable to North Carolina and other states (computed in
Step b) from its entire net income or loss (computed in Step
a)
- Compute Apportionment Factors
The corporation is required to determine and compute the apportionment
factor applicable to its principal business operations conducted
everywhere during the income year. The value of nonbusiness
property and items of nonbusiness income, loss, and expense
directly allocable to North Carolina and other states must
be excluded in computing the apportionment factors.
- Apportion Business Income to North Carolina
The corporation determines the amount of its apportionable
business income or loss attributable to North Carolina by
applying the factor computed in Step d to the total business
income or loss as computed in Step c.
- Determine Total Income Allocable to North Carolina
The corporation should review the total amount of non-business
income or loss as computed in Step b and list separately the
amount of such income or loss directly allocable to North
Carolina. This amount, added to the amount of business income
or loss apportioned to this State in Step e, represents the
total amount of the corporation's entire net income or loss
that is subject to North Carolina tax.
- Percentage Depletion Deduction Before Net Economic Loss
Deduction
The amount of percentage depletion over cost depletion on
North Carolina property must be deducted before claiming any
net economic loss carryover deduction.
- Determine Total North Carolina Income Before Deductions
for Contributions to North Carolina Donees
To determine total North Carolina income before the deduction
for contributions to North Carolina donees, the corporation
deducts the allowable portion of any net economic loss for
a prior year or years from the total income determined in
Step g.
- Determine Total Net Taxable Income in North Carolina
Finally, the corporation arrives at its net taxable income
in North Carolina by deducting contributions made to qualified
North Carolina donees from the amount of total North Carolina
income as computed in Step h.
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