Title 48, Chapter 7, Section 32
( 48-7-32)
(a) When the business of any corporation engaged in the operation of
a railroad, express service, telephone or telegraph business, or
other form of public service is partly within and partly outside the
state, the net income of the corporation for the purpose of this
chapter shall be that amount ascertained by apportioning to the
state the sum of the net income of the corporation including, but
not limited to, dividend income that may legally be taxed by the
state (exclusive of income from tax-exempt securities and without
any deduction for federal and state income taxes), as shown by the
corporation's records kept in accordance with the standard
classification of accounts prescribed by the Interstate Commerce
Commission when the standard classification of accounts includes in
net income rents from all sources; and when the standard
classification does not include all rents, then such rents shall be
included in net income in the proportion that the total gross
operating revenues from business done wholly within the state plus
the equal mileage proportion within the state of all gross operating
revenues from interstate business of the company, wherever done,
bear to the total gross operating revenues from all business done by
the company. If any such corporation keeps its records of operating
revenues and operating expenses on a state basis in accordance with
the standard classification of accounts prescribed by the Interstate
Commerce Commission and in a manner which includes in net income for
the state the effect of all intrastate and interstate business
applicable to the state, the state records may be used by the
taxpayer under the supervision of the commissioner in reporting the
net taxable income within the state. (b) All other corporations engaged in the business of operating a
railroad, express service, telephone or telegraph business, or other
form of public service, whether or not the corporation is required
to make reports to the Interstate Commerce Commission, shall keep
records according to the standard classifications of accounting of
the Interstate Commerce Commission. The net income of the
corporation including, but not limited to, dividend income that can
legally be taxed by the state (exclusive of tax-exempt securities
and without any deduction for federal and state income taxes) shall
be determined in accordance with such records. If any such
corporation keeps its records of operating revenues and operating
expenses on a state basis in accordance with the standard
classification of accounts prescribed by the Interstate Commerce
Commission and in a manner which includes in net income for the
state the effect of all intrastate and interstate business
applicable to the state, the state records may, with the consent of
the commissioner, be used by the taxpayer in reporting the net
taxable income within the state. |