Schedule Ap - Apportionment Of Income For Corporations And Partnerships - 2012 Page 2
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4Line 9.
38 and 95. Insurance premiums include life insurance
in column 2, annuity considerations in column 3, and
All companies except insurance companies total lines 1
accident and health insurance premiums in column 4.
through 6. Insurance companies only total lines 7 and 8.
• P&C companies—Annual statement, “Schedule of
Payroll factor (wage and commission)
Premiums Written,” page 95, schedule T, lines 38 and
59, columns 2 and 8. Finance and service charges are
Lines 10 and 11. Assign payroll to Oregon if:
included in the apportionment factor for premiums.
• The services are performed entirely inside Oregon; or
ORS 317.660 provides that the insurance sales factor does
• The services are both inside and outside Oregon but
not include reinsurance accepted and there is no deduc-
those services outside are only incidental; or
tion of reinsurance ceded. If the exclusion of reinsurance
• Some of the services are performed in Oregon and
premiums results in an apportionment formula that
(a) the base of operation or control is located in Ore-
does not fairly represent the extent of the insurance com-
gon, or (b) the base of operation or control is not in
pany’s activity in Oregon, you may include reinsurance
any state in which the services are performed, and the
premiums in the insurance sales factor. You must request
employee’s residence is in Oregon. See ORS 314.660
and receive permission from the Oregon Department of
and administrative rules.
Revenue to include these premiums in the insurance fac-
tor before you file your return. Send your request to the
Insurance companies should use the wage and commis-
Oregon Department of Revenue, 955 Center Street NE,
sion amounts from the annual statement.
Salem OR 97301-2555.
Sales factor (all companies except insurance companies
Apportionment percentage
complete lines 13 through 17)
Line 21.
Assign sales to Oregon if:
All companies except insurance companies total lines 13
• Lines 13 and 14. The property is shipped or delivered
through 17. Insurance companies total lines 18 through 20.
to a purchaser in Oregon other than the United States
Government; or
Line 22.
• Lines 15 and 16. The property is shipped from a ware-
Use the worksheets on page 3 to compute your Oregon
house or other place of storage in Oregon; and (a) the
apportionment percentage.
purchaser is the United States Government or (b) the
business is not taxable in the state of the purchaser. See
Schedule AP-2 taxable income
ORS 314.665(3) for exception.
computation
See ORS 314.620 and Public Law 86-272 to determine if
a business is taxable in another state. Charges for ser-
Line 1. Enter amount from Form 20, line 13; Form 20-I,
vices are Oregon sales if a greater proportion of the
line 15; Form 20-S, line 4; or Form 20-INS, line 19.
income-producing activity is performed in Oregon than
To determine the Oregon-source distributive income for
in any other state, based on cost of performance. See
the owners of pass-through entities (PTEs), enter only
ORS 314.665 and Oregon Administrative Rules (OARs).
the modified distributive income for the entity on line 1.
Gross receipts from the sale, exchange, or redemption of
OAR 150-314.775(1)(c) defines modified distributive
intangible assets cannot be included in the sales factor
income. Forms 65 and 20-S have schedules for figuring
if not derived from your primary business activity. For
your modifications.
taxpayers other than financial organizations, as defined
in ORS 317.010(11), the net gain from sales, exchanges, or
Lines 2 and 7. Business and nonbusiness income (all
redemption of intangible assets that are not derived from
companies except insurance companies). “Business
your primary business activity are included in the sales
income” is income arising from transactions and activi-
factor if the gains are business income.
ties in the regular course of the taxpayer’s business. It
includes income from tangible and intangible property
Insurance sales factor (insurance companies only)
related to the regular business operation.
Note for insurance companies taking the workers’ com-
Examples of business income are:
pensation insurance tax credit: For purposes of calcu-
lating line 14 of the Workers’ Compensation Insurance
• Sales of products or services;
• Rents, if property rental is a related business activity;
Tax Credit Worksheet, use only income directly attrib-
utable to the workers’ compensation line of business.
• Royalties, if the patent, processes, etc., were developed
by or used in the business operation;
Lines 18 through 20. Use total premiums written includ-
• Gain or loss on the disposal of business property; and
ing Oregon premiums written.
• Interest income on trade receivables or installment
contracts arising out of the business or from the invest-
• Life companies—Annual statement, “Premiums and
ment of working capital.
Annuity Considerations,” page 50, schedule T, lines
2
150-102-171 (Rev. 10-12)
Schedule AP instructions
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