Minnesota Unrelated Business Income Tax (Ubit) Instructions - Minnesota Department Of Revenue - 2017 Page 6

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Schedule M4NPA
Sales
Complete Schedule M4NPA if you conduct
Intangible Property
business both in and outside Minnesota.
Sales of intangible property are attributed
Line 6
to the state in which the property is used by
Single-Sales Factor
Sales or Receipts
the purchaser.
Enter your sales in Minnesota (see Deter-
Apportionment
Royalties, fees and similar income re-
mining Minnesota Sales below) for the tax
After a number of years of increasing the
ceived for the use of, or privilege of using,
year in column A and your total sales in
weight of the sales factor and decreasing
intangible property (such as patents, copy-
column B.
the weights of the property and payroll
rights, trade names, franchises or similar
factors in the three-factor apportionment
Determining Minnesota Sales
items) are attributed to the state in which
formula, Minnesota has now fully transi-
the property is used by the purchaser.
Real Property
tioned to the single-sales factor apportion-
Sales, rents, royalties and other income
Intangible property is attributed to Min-
ment method.
from real property are attributed to the state
nesota if the purchaser uses the property, or
in which the property is located.
Financial institutions, read Apportionment
rights in the property, to conduct business
for Financial Institutions on page 7.
within this state, regardless of the location
Tangible Personal Property
Sales of tangible personal property are
of the purchaser’s customers.
Nonapportionable Income
attributed to Minnesota if the property is
If the property is used in more than one
Line 2
received by the purchaser within Minne-
state, then the sales or royalties must be
sota and the taxpayer is taxed in this state,
Nonbusiness income is income that can-
apportioned to Minnesota pro rata based on
regardless of the f.o.b. point, other condi-
not be apportioned because of the United
the portion of use within this state. If you
tions of sale, or the ultimate destination of
States Constitution. Nonbusiness income is
cannot get the portion of use in Minnesota,
the property.
allocated by assignment based on the type
then exclude the sales or royalties from
of property that gives rise to the income.
Tangible personal property delivered to
both the numerator and the denominator of
Nonapportionable income must be reduced
the sales factor.
a common or contract carrier or foreign
by the expenses incurred to generate the
vessel for delivery to a purchaser in another
Services
nonapportionable income.
state or nation is a sale in that state or na-
Receipts from the performance of services
tion regardless of the f.o.b. point or other
Frequently used assignment rules are:
are attributed to the state in which the ser-
conditions of sale.
vices are received.
• Income/gains from tangible property not
Property is received by a purchaser in Min-
employed in the trade or business is al-
Receipts from services provided to an orga-
nesota if the recipient is located in Min-
located to the state in which the property
nization may only be attributed to a state in
nesota, even if the property is ordered from
is located.
which it has a fixed place of doing business.
outside Minnesota.
• To determine the gain or loss on the sale
If you cannot determine where the service
of a partnership’s interest not employed in
Sales of tobacco products, beer, wine and
was received, or if it was received in a state
the trade or business, divide the original
other alcoholic beverages to someone
where the organization doesn’t have a fixed
cost of the partnership’s tangible prop-
licensed to resell the products only within
place of business, use the location of the of-
erty in Minnesota by the original cost of
the state of ultimate destination is a sale in
fice of the customer from which the service
all tangible property of the partnership.
the destination state.
was ordered.
(Tangible property includes real estate,
Receipts from leasing or renting tangible
inventory and equipment.) If you do not
If you cannot determine the ordering office,
personal property, including finance leases
have these numbers, contact the partner-
use the office location to which the service
and true leases, are attributed to the state
ship.
was billed.
in which the property is located. Receipts
If more than 50 percent of the partner-
from the lease or rental of moving property
Line 7
ship’s assets are intangibles, the gain/
are attributed to Minnesota to the extent the
Unitary businesses: Column A must be the
loss is allocated to Minnesota using the
moving property is used in Minnesota.
total of all business activities attributable
partnership’s prior year’s sales factor.
to Minnesota. Column B must include the
The extent of use is determined as follows:
total values of all business activities con-
Other assignment rules are in M.S. 290.17,
• A motor vehicle is used wholly in the
subd. 2. Income not assigned in any particu-
ducted within and outside of Minnesota.
state in which it is registered.
lar manner is allocated by assignment to the
A unitary business exists whenever there
• Receipts from rolling stock are assigned
taxpayer’s state of domicile.
is a unity if ownership, operation and use.
to Minnesota in the ratio of miles trav-
Business income is all income except
Unity is also presumed when business ac-
eled in Minnesota to total miles traveled.
tivities or operations are of mutual benefit
nonbusiness income. Business income is
• Receipts from aircraft are assigned to
to, dependent upon or contributory to one
subject to apportionment.
Minnesota in the ratio of landings in
another, either individually or as a group.
Minnesota to total landings.
A business is unitary if there is functional
• Receipts from vessels, mobile equipment
integration, centralized management and
and other mobile property are assigned
economies of scale (M.S. 290.17, subd. 4).
to Minnesota in the ratio of days the
6
property is in Minnesota to the total days
Continued
of the tax year.

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