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42.26.606    THE RECEIPTS FACTOR

(1) All revenue derived from transactions and activities in the regular course of the trade or business of the taxpayer which produces apportionable income, except per diem and mileage charges which are collected by the taxpayer, is included in the denominator of the receipts factor as provided in ARM 42.26.253. The numerator of the receipts 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, other than revenue from hauling freight, passengers, mail and express, shall be attributable to this state in accordance with ARM 42.26.254 through 42.26.259.

(2) The total revenue of the taxpayer in this state during the income year for the numerator of the receipts factor from hauling freight, mail, and express shall be attributable to this state as follows:

(a) all receipts from shipments which both originate and terminate within this state; and

(b) that portion of the receipts from each movement or shipment passing through, into, or out of this state is determined by the ratio which the miles traveled by such movement or shipment in this state bears to the total miles traveled by such movement or shipment from point of origin to destination.

(3) The numerator of the receipts factor shall include:

(a) all receipts from the transportation of passengers (including mail and express handled in passenger service) which both originate and terminate within this state; and

(b) that portion of the receipts from the transportation of interstate passengers (including mail and express handled in passenger service) determined by the ratio which revenue passenger miles in this state bear to the total everywhere.

 

History: 15-1-201, 15-31-313, 15-31-501, MCA; IMP, 15-1-601, 15-31-305, 15-31-310, 15-31-311, 15-31-312, MCA; NEW, 1982 MAR p. 104, Eff. 1/29/82; AMD, 1993 MAR p. 572, Eff. 4/16/93; TRANS, from 42.26.269 and AMD, 2001 MAR p. 2469, Eff. 12/21/01; AMD, 2017 MAR p. 2328, Eff. 1/1/18.

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