California Revenue and Taxation Code ARTICLE 2 - Uniform Division of Income for Tax Purposes Act

  • Section 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” means income...
  • Section 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...
  • Section 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...
  • Section 25123.
    Rents and royalties from real or tangible personal property, capital gains, interest, dividends, or patent or copyright royalties, to the extent that they constitute nonbusiness...
  • Section 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 are allocable...
  • Section 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...
  • Section 25126.
    Interest and dividends are allocable to this state if the taxpayer’s commercial domicile is in this state.(Added by Stats. 1966, Ch. 2.)
  • Section 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...
  • Section 25128.
    (a) Notwithstanding Section 38006, for taxable years beginning before January 1, 2013, all business income shall be apportioned to this state by multiplying the business income...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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 within and without the...
  • Section 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...
  • Section 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, within...
  • Section 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 state...
  • Section 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 following...
  • Section 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...
  • Section 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...
  • Section 25139.
    Sections 25120 to 25139, inclusive, may be cited as the Uniform Division of Income for Tax Purposes Act.(Added by Stats. 1966, Ch. 2.)
  • Section 25140.
    Accounting procedures shall be adopted which will separately reflect the revenues attributable to dividends received by corporations having commercial domiciles in this state.In view of...
  • Section 25141.
    (a) For purposes of this section, the following definitions shall apply:(1) “Entity” means an individual, corporation, association, partnership, limited liability company, estate, trust, or any combination thereof.(2) “Person”...

Last modified: October 22, 2018