ARTICLE 2. Uniform Division of Income for Tax Purposes Act [25120. - 25141.]
Article 2 added by Stats. 1966, Ch. 2.
§§ 25120–25141 · 25 sections
- § 25120 As used in Sections 25120 to 25139, inclusive, which shall hereafter be referred to as “this act,” unless the context otherwise requires: (a) “Business income”…
- § 25121 Any taxpayer having income from business activity which is taxable both within and without this state shall allocate and apportion its net income as provided…
- § 25122 For purposes of allocation and apportionment of income under this act, a taxpayer is taxable in another state if (a) in that state it is subject to a net…
- § 25123 Rents and royalties from real or tangible personal property, capital gains, interest, dividends, or patent or copyright royalties, to the extent that they…
- § 25124 (a) Net rents and royalties from real property located in this state are allocable to this state. (b) Net rent and royalties from tangible personal property…
- § 25125 (a) Capital gains and losses from sales of real property located in this state are allocable to this state. (b) Capital gains and losses from sales of tangible…
- § 25126 Interest and dividends are allocable to this state if the taxpayer’s commercial domicile is in this state.
- § 25127 (a) Patent and copyright royalties are allocable to this state: (1) If and to the extent that the patent or copyright is utilized by the payor in this state,…
- § 25128 (a) Notwithstanding Section 38006, for taxable years beginning before January 1, 2013, all business income shall be apportioned to this state by multiplying…
- § 25128.7 Notwithstanding Section 38006, for taxable years beginning on or after January 1, 2013, all business income of an apportioning trade or business, other than an…
- § 25128.9 (a) The Legislature finds and declares all of the following: (1) In 1966, the California Legislature enacted the Uniform Division of Income for Tax Purposes…
- § 25129 The property factor is a fraction, the numerator of which is the average value of the taxpayer’s real and tangible personal property owned or rented and used…
- § 25130 Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual…
- § 25131 The average value of property shall be determined by averaging the values at the beginning and ending of the taxable year but the Franchise Tax Board may…
- § 25132 The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the taxable year by the taxpayer for compensation, and…
- § 25133 Compensation is paid in this state if: (a) The individual’s service is performed entirely within the state; or (b) The individual’s service is performed both…
- § 25134 The sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this state during the taxable year, and the denominator of which…
- § 25135 (a) Sales of tangible personal property are in this state if: (1) The property is delivered or shipped to a purchaser, other than the United States government,…
- § 25136 (a) Notwithstanding Section 38006, for taxable years beginning on or after January 1, 2013, sales, other than sales of tangible personal property, are in this…
- § 25136.1 (a) For taxable years beginning on or after January 1, 2013, a qualified taxpayer that apportions its business income under Section 25128.7 shall apply the…
- § 25137 If the allocation and apportionment provisions of this act do not fairly represent the extent of the taxpayer’s business activity in this state, the taxpayer…
- § 25138 This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. Enactment of Article IV of the…
- § 25139 Sections 25120 to 25139, inclusive, may be cited as the Uniform Division of Income for Tax Purposes Act.
- § 25140 Accounting procedures shall be adopted which will separately reflect the revenues attributable to dividends received by corporations having commercial…
- § 25141 (a) For purposes of this section, the following definitions shall apply: (1) “Entity” means an individual, corporation, association, partnership, limited…