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MTC multistate tax Commission
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An intergovernmental state tax agency whose mission is to promote uniform and consistent tax policy and administration among the states, assist taxpayers in achieving compliance with existing tax laws, and advocate for state and local sovereignty in the development of tax policy.
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Section 1 and 17 Rules

--- Current Status ---

Final version: Amendments to the Commission’s Model General Allocation and Apportionment Regulation (approved February 24, 2017)


The Draft Amendments to the Commission’s Model General Allocation and Apportionment Regulations were approved and commended to the Commission for adoption as a uniformity recommendation to the states by the Executive Committee on Oct. 4, 2016 (this triggers a survey of affected Commission states pursuant to Bylaw 7). The Executive Committee approved clarifying amendments necessary to reflect that interest and dividends are not included in the receipts factor (as recommended by the Uniformity Committee), and also approved inclusion of the mediation provision proposed by the ABA, but changing the word “shall” to “may.” 

  • Draft Amendments with Section 1 Edits Redlined
  • Hearing Officer Report
The final version, with drafters notes (above), was approved at a Special Meeting of the Commission on February 24, 2017.
  • Resolution Adopting Amendments to the Multistate Tax Commission's Model General Allocation and Apportionment Regulations

--- Original Documents ---

  • General Allocation and Apportionment Regulations - Adopted February 21, 1973; as revised through July 29, 2010
  • Hearing Officer's Report & Model Regulation (1973, as amended through August 2010)- Re: Proposed Regulations Under Art. IV of the Compact and Suspension of the Arbitration By-Laws (UDITPA).
  •  Proposed Amendment to Model Regulation IV.18(a)
  •  Final Hearing Officer's Report - Reg. IV.18(c) Amendment to Include the Net Gains from the Sale of Certain Intangibles in the Sales Factor of the Apportionment Formula
  • Amendment of Equitable Apportionment Regulation Section IV.18.(a)
    • Model Uniform Regulation IV.18.(A) Amendments (10 pgs.)
    • Exhibit A
    • Exhibit B
    • Exhibit C

Meeting Materials

Agendas from previous meetings, materials, and other project related information:

  • Minutes of Uniformity teleconference August 9, 2016.
  • This version of the draft amendments to the model General Allocation and Apportionment Regulations incorporates changes approved by the Executive Committee at their in-person meeting on July 28, 2016 and also contains redline changes made by the Uniformity Committee at its meeting of August 9, 2016 (addressing clarification of the exclusion of dividend and interest receipts). Those changes are on numbered pages 18, 19, 20, 31 and 38.
  • Agenda, August 9, 2016
  • Minutes of the July 26, 2016 In-person meeting
  • Agenda, June 2, 16, 23, 30 2016; July 7 and 14, 2016
  • Minutes of Uniformity teleconference July 14, 2016 
  • Checklist (revised July 14, 2016)
  • Additional Information re: Hedging Interest & Dividends
  • Recommendation to Address the General Treatment of Dividends and Interest Under Sec's 1 and 17
  • SIFMA Comments to MTC Executive Committee, dated July 25, 2016
  • COST Comments to MTC Executive Committee, dated July 26, 2016
  • Checklist (revised July 7, 2016)
  • Minutes of Uniformity Teleconference July 7, 2016
  • Additional information on receipts, July 7,2016
  • Minutes of Uniformity teleconference June 30, 2016
  • Additional information for June 30 call
  • Minutes of Uniformity teleconference June 23, 2016
  • Minutes of Uniformity teleconference June 16, 2016
  • Minutes of Uniformity teleconference June 2, 2016
  • Agenda: Thursday, June 2, 2016
  • FIST Coalition - Comments received June 2
  • Staff Memo re: Referral of Issues from the Executive Committee
  • COST Comments on Hearing Officer’s Report on Proposed Sections 1 and 17 Regulations
  • FIST Coalition - Comments received May 11
  • E&Y email dated May 9; E&Y Additional Comments on Hearing Officer Report
Please view the links below for more information regarding Section 17 Model Market-Sourcing Regulations and Section 1 Model Definition of “Receipts” Regulations.

  • Proposed Sections 1 and 17 (corrected and current as of October 4, 2016)
  • Proposed Amendments (corrected)
  • Section 17 Model Market-Sourcing Regulations
  • Section 1 Model Definition of “Receipts” Regulations

Proposed Amendments to Regulations

Public Hearing on Proposed Amendments to Regulations

Wednesday, March 9, 2016

10:30 a.m. Eastern Time 

Hall of the States, Room 231
444 North Capitol Street, N.W.
Washington, DC 20001 

Click here for a PDF copy of this notice
 

To participate by telephone, dial 1-719-457-1414 access code 258090#.

 
Pursuant to the Multistate Tax Compact Art. VII.(2)(a) and Commission Bylaw 7(c), this is to notify you that the Commission will be holding a public hearing on proposed draft amendments to the Commission’s Model General Allocation and Apportionment Regulations.
 
A copy of those regulations with proposed amendments is available at: 
  • Redline Version of Draft Amendments [74 pgs.]  
  • Clean Version of Draft Amendments [80 pgs.]  
Hearing Officer: Brian Hamer will preside as hearing officer.  Brian was director of the Illinois Department of Revenue from 2003 to January 2015.  Before that, he was deputy director of the Chicago Department of Revenue and chief assistant corporation counsel at the City’s Department of Law.  The hearing officer can be reached by calling Loretta King at the Multistate Tax Commission, 202-650-0300.
  • Hearing Officer Report on Proposed Draft Amendments to the Commission’s Model Allocation and Apportionment Regulations [129 pgs.]  

Submission of Comments: The Hearing Officer has extended the period for submission of comments by interested state representatives, taxpayers, practitioners and other members of the public until March 16, 2016.  Those comments may be submitted to Ms. Loretta King, by e-mail. 
  • Comments by Ben Miller  
  • Comments of the Council on State Taxation  
  • Comments of the ABA Tax Section – SALT Committee - updated  


Section 17 Model Market-Sourcing Regulations

Project Description

This project was approved by the Executive Committee at its meeting on July 31, 2014. The Uniformity Committee subsequently met to discuss the project and consider the scope as well as the make-up of a working group. The working group will draft model regulations to implement changes to the sourcing of sales other than sales of tangible property under Article IV, Section 17 of the Multistate Tax Compact [UDITPA] that were adopted by the Commission in July 2014. The statutory language is as follows:
 
(a) Receipts, other than receipts described in Section 16, are in this State if the taxpayer’s market for the sales is in this state. The taxpayer’s market for sales is in this state:   
(1) in the case of sale, rental, lease or license of real property, if and to the extent the property is located in this state;  
(2) in the case of rental, lease or license of tangible personal property, if and to the extent the property is located in this state;  
(3) in the case of sale of a service, if and to the extent the service is delivered to a location in this state; and  
(4) in the case of intangible property,  
(i) that is rented, leased, or licensed, if and to the extent the property is used in this state, provided that intangible property utilized in marketing a good or service to a consumer is “used in this state” if that good or service is purchased by a consumer who is in this state; and  
(ii) that is sold, if and to the extent the property is used in this state, provided that:   
(A) a contract right, government license, or similar intangible property that authorizes the holder to conduct a business activity in a specific geographic area is “used in this state” if the geographic area includes all or part of this state;  
(B) receipts from intangible property sales that are contingent on the productivity, use, or disposition of the intangible property shall be treated as receipts from the rental, lease or licensing of such intangible property under subsection (a)(4)(i); and  
(C) all other receipts from a sale of intangible property shall be excluded from the numerator and denominator of the receipts factor.  
(b) If the state or states of assignment under subsection (a) cannot be determined, the state or states of assignment shall be reasonably approximated.  
(c) If the taxpayer is not taxable in a state to which a receipt is assigned under subsection (a) or (b), or if the state of assignment cannot be determined under subsection (a) or reasonably approximated under subsection (b), such receipt shall be excluded from the denominator of the receipts factor.  
(d) [The tax administrator may prescribe regulations as necessary or appropriate to carry out the purposes of this section.]
 

Section 17 - Reference Information

Drafting Resources:

  • Uniform Law Commission Style Guide


Agendas from previous meetings, materials, and other project related information:

  • Proposed additional changes to the sale of intangibles provision - clean
    • Proposed additional changes to the sale of intangibles provision - redlined
  • Links to sites that reflect internet usage, February 3, 2015
  • Census Bureau
  • Internet world stats
  • Draft Extrapolation Example, February 24, 2015
  • California Use of Population for Approximation - Ben Miller, March 3, 2015
  • Rewrite of Examples for Electronic Delivery - Ben Miller, March 3, 2015
  • Comparison of Massachusetts and California Rules for Receipts from Use of Intangibles - Ben Miller, March 3, 2015
  • MTC Working Draft - current as of April 8, 2015
  • Proposed edit to the presumption of use rule for production intangibles, April 14, 2015
  • Massachusetts regulations as of January 5, 2014
  • MTC Staff - Model Regulation Redraft - January 5, January 6, 2015
  • Section 17 Regulation Project Checklist - January 5, January 6, 2015
  • Section 17 Regulation Project Checklist - January 12, 2015
  • Redline reflecting changes to MA Regulations re: Services, January 12, 2015
  • Ben Miller - professional services amendment, January 12, 2015
  • MTC Working Draft, January 12, 2015
  • Ben Miller - updated professional services language, January 20, 2015
  • MTC Working Draft - updated Jan 20, January 27, 2015
  • Ben Miller - Comments Regarding "Professional Services" Examples, January 27, 2015
  • MTC Working Draft - updated Jan 27, February 3, 2015
  • E-mail to Work Group - Phil Skinner, January 6, 2015
  • Commentary on In-Person Services Examples - Phil Skinner
  • E-mail to Work Group - Chris Coffman, January 6, 2015
  • Edits to Working Draft - Chris Coffman
  • E-mail to Work Group - Ben Miller comments Jan 6, 2014
  • MTC Staff - Model Regulation Redraft, December 30, 2014
  • Ben Miller's Proposed Edits to Redraft, December 30, 2014
  • Ben Miller's comments, December 30, 2014
  • Section 17 memo on proposed "real property" regulation, December 2, 2014
  • Sec 17 Regulation Project Checklist - Updated Nov. 26, 2014, December 2, 2014
  • Agenda, November 18, 2014, November 25, 2014, December 2, 9 and 16, 2014
  • Section 17 Project Checklist, December 16, 2014
  • Breakdown of MA Regulations - Ben Miller, December 16, 2014
  • Summary of MA Sourcing Rules, December 16, 2014
  • Sec 17 Regulation Project Checklist, November 25. 2014
  • Survey of Market Sourcing Results, November 25, 2014
  • State Sourcing Rules, November 25, 2014
  • State Sourcing of Personal Services, November 18, 2014
  • State Market Sourcing Rules (Updated to reflect draft Massachusetts regulations), November 18, 2014
  • Agenda, November 5, 2014
  • Sec. 17 Market Sourcing - Data on Service Industries, November 5, 2014
  • Proposed Regulation 830 CMR 63.38.1, November 5, 2014
  • Licensing Intangibles, November 5, 2014
  • Sale Intangibles, November 5, 2014
  • Services – Destination States, November 5, 2014
 
Resources from Uniformity Committee:
 
  • Master List of State Sourcing Rules for Services and Intangibles, January 1, 2014
  • Document Summarizing Relevant Sourcing Rules for States with Market Sourcing, January 1, 2014

 

Section 1 Model Definition of “Receipts” Regulations

t to discuss the project and consider the scope as well s the make-up of a working group.
Project Description

Sec. 1 Model Definition of “Receipts” Regulations

This project was approved by the Executive Committee at its meeting on July 31, 2014. The Uniformity Committee subsequently met to discuss the project and consider the scope as well as the make-up of a working group. The working group will draft model regulations to implement changes to the definition of “receipts” under Article IV, Section 1 (g) of the Multistate Tax Compact [UDITPA] that were adopted by the Commission in July 2014. The statutory language is as follows:  
 
“(g) “Receipts” means all gross receipts of the taxpayer that are not allocated under paragraphs of this article, and that are received from transactions and activity in the regular course of the taxpayer’s trade or business; except that receipts of a taxpayer from hedging transactions and from the maturity, redemption, sale, exchange, loan or other disposition of cash or securities, shall be excluded.”

 

<h2 text-align:="" center;"="" style="text-align: center;"> Section 1 - Reference Information

Drafting Resources:

  • Uniform Law Commission Style Guide
Issues for Consideration:

 

- Definitions 

- Should there be definitions for terms such as hedging transactions, maturity, redemption,
  sale, exchange, loan, or "other disposition of cash or securities"?

- Definitions of "Hedging", January 8, 2015
- Definition of Terms v.1, December 18, 2014
- Definition of Terms v.2, December 18, 2014
- CA Treasury Function Terms, December 3, 2014

 

 - Accounts receivable

- Should sales (or other defined dispositions) of accounts receivable be included within the

   definition of “receipts”?

 

 - "Regular Course of Business"

- How should receipts that are received with varying regularity across lines of business be treated?

 

- Is a rule required to clarify how receipts from intangible (or other?) assets not held in the
  regular course of business should be included/excluded from the definition of receipts?  

 

 - Exclusions

- Should there be a definition of receipts that fit only the functional test (and therefore 

  would be excluded from the definition of receipts under the model)?

 

 - Receipts of Brokers

- How should receipts of brokers (or sales of securities in the ordinary course of business)
  be treated in general?
 

 - Should there be a specific rule   for the treatment of such receipts in a combined return
    with other receipts of non-brokers? 

 

- Are additional definitions required for the sale or other disposition of securities by brokers
  in the ordinary course of business? 

 

- Are rules required to address the problem of churning and what should those rules be?
 

 - Nonapportionable Receipts
 

- What should the definition of receipts that are nonapportionable (that meet neither the functional
   or transactional test) be?  Such receipts are excluded from the definition of receipts under the model.

 - Recommendations to Uniformity on other issues (not within the scope of this group),
   such as regulations under Sections 17 or 18.

- Rule for including functional receipts when not doing so would distort (Sec. 18)

- Rule for churning when it comes to treatment of broker receipts (If to be addressed under
  Section 18 rather than Section 1).

- 
Factoring receivables for accrual taxpayers.

Agendas from previous meetings, materials, and other project related information:

  • Agenda, August 20, 2015, August 27, 2015, September 3, 10, 17 & 24, 2015 
  • Redlined draft of Section 1, current as of December 3, 2015 (PDF) - for presentation to Uniformity Committee
  • Fully integrated redlined draft (Section 1 and Section 17), current as of December 3, 2015 (PDF)
  • Redlined draft of Section 1, current as of November 30, 2015 (PDF) - for presentation to Uniformity Committee
  • Working Drafts of Section 1 - current as of October 12, 2015
    • PDF: Clean and Redlined
  • Suggested Hedging Language for UDITPA Section 1
  • Commodities Future Trading Commission - "hedging" definitions
  • Definitions and Synonyms for consideration
  • Draft highlighting terms "trade or business," "unitary business," "business"
  • Draft highlighting the references to Sec. 1(g) and to other provisions within Sec. 17 involving the exclusion of receipts from the receipts factor
  • Proposed edits to working drafts dated May 21, 2015, to ensure language is consistent with cases cited in Memo dated May 3, 2012
  • Working Drafts of Section 1 - current as of October 6, 2015
PDF: Clean and Redlined
Word: Clean and Redlined
  • Proposed rewrite of "receipts" definition, October 8, 2015
  • Working Drafts of Section 1 - current as of September 22, 2015
    PDF: Clean and Redlined
  • Hedging Transactions Chart [Excel document], September 17, 2015
Definition of "hedging":   Webster’s Third New International Dictionary (1968 edition)
  The American Dictionary Second College Edition (1982)
  • Draft highlighting the term "receipts", September 8, 2015
  • Memo regarding the future course of work for the MTC UDITPA Section 1 workgroup, August 20, 2015
  • Proposed Illinois regulation defining the term “hedging transaction,” August 20, 2015
  • Section 1 Work Group Report for Annual Meeting, July 2015
  • Working Drafts of Section 1 - current as of September 3, 2015
  • PDF: Clean and Redlined
  • Draft highlighting usage of phrases "trade or business" and "gross receipts"
  • Working Drafts of Section 1 - current as of August 28, 2015
    PDF: Clean and Redlined
  • Working Drafts of Section 1 - current as of July 14, 2015
    PDF: Clean and Redlined
  • Proposed division of Reg. IV.1.(c)(3): Interest
  • Massachusetts definition of "securities" 
  • Additional notes for Discussion 
  • Comments re: existing MTC regulations under UDITPA Articles 15 and 18 
  • Memo to Uniformity Committee, March 6, 2015
  • Working Drafts of Section 1 Clean and Redlined - current as of July 14, 2015
  • Working Drafts of Section 1 Clean and Redlined - current as of July 7, 2015
  • Working Drafts of Section 1 Clean and Redlined - current as of June 23, 2015
  • Working Drafts of Section 1 Clean and Redlined - current as of June 10, 2015
  • Working Drafts of Section 1 Clean and Redlined - current as of June 4, 2015
  • Working Drafts of Section 1 Clean and Redlined - current as of May 28, 2015
  • Working Drafts of Section 1 Clean and Redlined - current as of May 21, 2015
  • Working Drafts of Section 1 Clean and Redlined - current as of May 5, 2015
  • Proposed Initial Changes to Section 1 - Idaho
  • Agenda - March 5, 2015
  • Agenda - January 8, 2015, January 22, 2015, February 5, 2015 and February 19, 2015
  • Memo - Review of Existing MTC Regulations, February 19, 2015
  • MA Proposed Apportionment Regulations, February 19, 2015
  • Multistate Tax Commission Allocation and Apportionment Regulations, February 19, 2015
  • Memo from Shirley Sicilian to Cory Fong re: Multistate Tax Compact Art. IV Recommended Amendments, February 19, 2015
  • Agenda, November 20, 2014, , December 4, 2014 and December 18, 2014
  • Definition of Terms v.1, December 18, 2014
  • Definition of Terms v.2, December 18, 2014
  • UDITPA Section 1 Updated Issue List, December 11, 2014
  • UDITPA Section 1 Updated Issue List, December 3, 2014
  • Hearing Officer Discussion of Receipts (as requested at Nov. 20 meeting), December 3, 2014
  • Idaho Amended response to MTC’s Issue List dated November 7, 2014, December 3, 2014
  • Oregon - Tektronix, Inc. v. Dept. of Rev. (2012), December 3, 2014
  • Arkansas sales factor cases, December 3, 2014
    • 98-148
    • 20010428
    • 04-100
    • 04-126
    • 11-313
  • Staff Memo, November 19, 2014
  • Article IV Amendments - July 2014, November 20, 2014
  • Issues List, November 20, 2014
  • Idaho's Response to Issues List, November 20, 2014
    • Union Pacific decision (2001), November 20, 2014
    • Union Pacific decision (2004), November 20, 2014
  • Oregon Definition of Sales Factor, November 20, 2014
  • Oregon Admin. Rules Regarding Sales Factor, November 20, 2014
  • Agenda, November 6, 2014
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