To be apportionable
, a claim must be for economic loss or damage to property.
A participating group of corporations would calculate apportionable
income under the income tax rules of the Member State where the parent is resident (provided that Member State participates), including those pertaining to consolidation and cross-border offsetting of losses.
The definition of "direct tax" had to contract with the adoption of the Constitution, however, because some taxes ceased to be apportionable
. An excise tax, for example, would have been a direct tax under the requisition system because it was not an impost.
That disconnect suggests the need for a reassessment that should begin by examining the ACC conferees' recommendation to add DA as a third apportionable
Two general types of combinations apply: worldwide or "water's edge." In a worldwide combination, all affiliates, regardless of the place of incorporation, including the foreign subsidiaries, are included in the apportionable
The taxpayer asserted alternative apportionment and argued that, because the dividends from the foreign affiliates were included in the apportionable
tax base, the apportionment formula should include at least a portion of the property, payroll, and sales of the foreign affiliates.
(222) Additionally, a federal statute grants sellers of tangible personal property immunity from state income taxation in states where their activities are limited to the "solicitation of orders." (223) Thus, for these classes of businesses, there will be many instances in which they have in-state sales and, therefore, income apportionable
to a state under the state's general apportionment formula, but are nevertheless nontaxable.
sales in excess of the lesser of $500,000 or 25% of total sales;
the site is divisible or otherwise reasonably apportionable
Unlike the Ipp Report, which rejected a push for proportionate liability, the amending acts introduce proportionate liability for joint tortfeasors in relation to a limited number of non-personal injury claims, referred to in New South Wales as "apportionable
claims are defined as: (1) a claim for economic loss or property damage in non-personal injury matters for the failure to exercise reasonable care, whether arising in contract, tort or otherwise; and (2) a claim for economic loss or damage to property in an action for damages for contravention of Section 42 of the Fair Trading Act 1987 (NSW) (misleading or deceptive conduct).
(2) The Supreme Court's early gutting of the Clauses in Hylton, with dicta limiting the category of "direct taxes" to easily apportionable
taxes and, more specifically, to capitation and real-estate taxes, was wrong.
The term "nonbusiness income" does not include income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the taxpayer's regular trade or business operations, or any amounts which could be included in apportionable
income without violating the due process clause of the United States Constitution.