MultiTax Commission

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.

Article IV – UDITPA

Model Adopted – Article IV of the Model Multistate Tax Compact – UDITPA (PDF) – Current version, adopted by the Commission in 2015

Document Archive – Revisions to Article IV – UDITPA

Article IV of the Multistate Tax Compact included the Uniform Division of Income for Tax Purposes Act (UDITPA), originally drafted by the Uniform Law Commission in 1957. Information on that Act can be found on the ULC website (external site).  The project to amend provisions of Article IV (UDITPA) was undertaken by the MTC (see archived material below).

The project to amend provisions of Article IV (UDITPA) was undertaken by the MTC (see archived material below).  

July, 2015 – The Commission adopted the Revised Model Compact Article IV, and passed Resolutions adopting conforming amendments to Article IV and amendments to Section 18.

    • Model Compact Article IV. Division of Income [UDITPA], as revised by the Multistate Tax Commission July 29, 2015, (PDF)
    • Resolution Adopting Recommended Conforming Amendments to model Multistate Tax Compact Article IV, (PDF)
    • Resolution Adopting Recommended Amendments to Section 18 of model Multistate Tax Compact Article IV [UDITPA], (PDF)

September, 2014  – Bylaw 7 Surveys were sent out for Section 18 and for the conforming amendments (reflecting changes in terminology) to Article IV.

    • Bylaw 7 Survey – Section 18,  (PDF)
    • Bylaw 7 Survey – Conforming Amendments, (PDF)

August, 2014 – Work groups were assembled to draft proposed model regulations for UDITPA Section 17 (Market Sourcing) and UDITPA Section 1(Definition of “Receipts”).

July, 2014  – At the Uniformity Committee’s meeting, the Compact Article IV work group presented its recommended changes to Compact Article IV.18(c) & (d). The recommended changes included two proposed alternatives under Article IV.18(c), and the Committee voted to adopt the language of Alternative 2. There was also a change in wording to Art. IV.18(d) and some minor clarifications in Art. IV.18(c) & (e), which were adopted.  The Executive Committee approved  Art. IV.18 for Bylaw 7 survey.

    • Uniformity Committee memo to Executive Committee, (PDF) – July 31, 2014
    • Article IV Amendments as Approved, (PDF) – July 30, 2014
    • Written comments from Benjamin F. Miller, (PDF) – July 23, 2014
    • Staff Memo to Uniformity Committee, (PDF) – May 22, 2014

May, 2014 – The Executive Committee approved for Bylaw 7 Survey the proposed model amendments on all of the Article IV provisions except for the equitable apportionment section (Art. IV.18).  The equitable apportionment section was sent back to the Uniformity Committee for editing to comply with certain of  Mr. Pomp’s recommended changes.

    • Executive Committee Directions to Uniformity Committee to Revise UDITPA Art. IV.18 Draft Proposal, (PDF)
    • Consideration of Executive Committee Action on Uniformity Committee Recommendations to Hearing Officer’s Report on Amendments to Art. IV UDITPA, (PDF)
    • Article IV Recommended Amendments, (PDF) (as approved for Bylaw 7 Survey by MTC Executive Committee – May 8, 2014)

March,  2014 – The Uniformity Committee decided to send back to the Executive Committee its original five recommendations as originally approved for public comment in December 2012.

December, 2013  – The Executive Committee sent the hearing officer’s report back to the Uniformity Committee, with directions to limit their review to the hearing officer’s proposals.

    • Uniformity Committee Report for First Quarter of Fiscal Year 2014

October, 2013 – The hearing officer released a report, providing commentary as well as recommended changes to the proposed model amendments.

    • Hearing Officer Report on Recommended Amendments to Compact Article IV [UDITPA], (PDF)

March, 2013 – A Public Hearing was conducted by Richard Pomp, Alva P. Loiselle Professor of Law

    • Written Public Comments Regarding Proposed Revisions, (PDF)

December, 2012 – The Executive Committee approved proposed model amendments for public hearing.
May, 2012 – Memo from Shirley Sicilian to Cory Fong re: Multistate Tax Compact Art. IV Recommended Amendments, (PDF)
July, 2009 – The MTC’s Uniformity Committee began work on its draft revisions of Article IV, which focused on five specific Article IV provisions: sales factor sourcing for services and intangibles (Art. IV.17), the definition of sales (Art. IV.1(g)), factor weighting (Art. IV.9), the definition of business income (Art. IV.1(a), and equitable apportionment (Art. IV.18)

    • ULC Statement of UDITPA Issues, (PDF)
    • MTC Response to ULC Statement, (PDF)
    • The Project to Revise UDITPA, (PDF)
    • Compiled Results of MTC Survey, (PDF)

Back to the Adopted Uniformity Recommendations page.