Model Receipts Sourcing Regulation Review Work Group
At its August 2, 2022 meeting, the Uniformity Committee agreed to undertake a project and form a work group to review its model receipts (sales) sourcing regulations for income apportionment purposes, including special industry regulations and more recently adopted market-based sourcing regulations. The goal of this project is to identify updates, corrections, or conforming changes, to consider issues that may not be sufficiently addressed by existing model regulations, and to make recommendations to the committee for its action.
- Review of MTC Model Sales/Receipts Sourcing & Special Industry Regulations – Draft Report to the Standing Subcommittee – July 21, 2022
- Overview of Models and Related Documents – Staff Presentation to Standing Subcommittee – June 16, 2022
This page includes information on upcoming meetings and agendas, meeting archives, and information and analysis. Those interested in the project can follow the process on this web page and can also contact Brian Hamer, MTC counsel, to be notified of future meetings.
Meeting Notice and Agenda
Agenda
Meeting Agenda – Tuesday, November 12, 2024 1:30-3:00pm Eastern Time
I. | Welcome and Introductions – Katie Frank, Chair (California) | ||
II. | Initial Public Comments | ||
III. | Discussion of Current and Draft MTC Airlines Special Industry Rule | ||
Draft Airline Regulation Revisions – (PDF)(Word) Slides for November 12 2024 Call (PDF)(Powerpoint) |
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IV. | Solicitation of Additional Topics for Consideration | ||
V. | Adjourn |
Dial-in/Log-in Information
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The Work Group and MTC staff welcome input from stakeholders; please contact Brian Hamer, if you would like to provide any input with respect to the ongoing receipts sourcing project.
PROJECT DOCUMENTS – Meeting Materials and Background Information
The documents and information below have been organized according to the industry or special regulation category.
The information here includes meeting materials, meeting notes, comments from states or members of the public, and background information.
Meeting Materials
Transportation-Related Sourcing Rules
Air Transportation:
Work Group Drafts & Memos
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- Special Airlines rule draft revision – updated 6/27/2023
- Sourcing of Airlines revenue – State chart
- Airline credit card memo
- Special Airlines rule draft revision – updated 6/2023
- Airline model rule – suggested changes – submitted by M. Harbur (April 20, 2023)
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Background Materials
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- Alaska Airlines case (Oregon Tax Court) which addresses the sourcing of codeshare revenue
- United States v. American Airlines Group Inc.
- MTC Airline Rule sales factor fraction
- Current MTC Model Special Rules: Airlines
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Ground Transportation and Product Delivery Services:
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- Closing Memorandum – August 20, 2024 (PDF)(Word)
- Public Comments Received:
- Draft Rule for Sourcing Transportation Receipts – July 3, 2024 (PDF)(Word)
- Slides Describing Issues to be Considered (PDF)(PowerPoint)
- Draft Ground Transportation model – June 2024 (PDF)
- Letter from the American Trucking Associations – (PDF)
- Draft Alternative Model – Transportation Services (3-29-2024) (Word) (PDF)
- Comments on motion to draft alternative model using pick-ups and deliveries:
- Meeting Notes – February 15, 2024 –
Approval of the McElhatton motion - McElhatton Motion –
Asking staff to draft an alternative model using pick-ups and deliveries - Slides for Meeting – PDF and PowerPoint, January 24, 2024
- Transportation services study group memo – PDF and Word, January 24, 2024
- Staff analysis of differences in state rankings –
Using mileage versus GDP/population - Pros & Cons – Trucking Receipts Sourcing Methods (April 20, 2023) –
Staff analysis - State Tax Treatment – Sourcing of Trucking Company Receipts (Chart) –
Staff research - UPS v. Minnesota Commr. of Revenue (Taxpayer Appeal) –
Litigation involving sourcing of transportation/delivery receipts - Summary of Montana & New Mexico UPS Decisions –
Analysis of the rulings that mileage does not fairly represent instate activities of delivery company - UPS v. New Mexico Dept. of Tax & Revenue (Ct. of Appeals) –
Litigation involving sourcing of transportation/delivery receipts - New Mexico UPS Administrative Hearing Decision –
Litigation involving sourcing of transportation/delivery receipts - Montana Dept of Revenue (Montana Supreme Court) –
Litigation involving sourcing of transportation/delivery receipts - MTC Staff Memo on Trucking Company/Transportation Services
- Notes from the Call of March 16, 2023
- Massachusetts Courier and Package Delivery Services Rule
- Massachusetts Motor Carriers Rule
- Notes from the Call of February 16, 2023
- Current MTC Model Special Rules: Trucking Companies – (1989)
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Transportation Generally:
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- Uri Ben Carmel article in Tax Notes State re nexus
- Written Comments from the David Uri Ben Carmel, 349 East Multistate Tax Planning
- Written Comments from Eversheds Sutherland– submitted Jan. 18, 2023
- Massachusetts Sourcing Rules
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Background Information
MTC Model Regulations Addressing Receipts (Sales) Sourcing for Apportionment Purposes:
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- Model General Allocation and Apportionment Regulations and Summary of General Regulations
- Reformatted Model General Allocation and Apportionment Regulations – in Word with navigation
- Archive from 2017 Revisions to Model General Regulations – Implementing Market-Based Sourcing
- Airlines
- Construction Contractors
- Publishing
- Railroads
- Television and Radio Broadcasting
- Trucking Companies
- Telecommunications and Ancillary Service Providers
- Financial Institutions
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Other Receipts Sourcing Information
General Method of Market-Based Sourcing of Services Adopted by States for Some or All Services (Including Business Activity Taxes)
Delivery
(MTC Method Generally)
- Alabama
- Colorado
- District of Columbia
- Idaho
- Kentucky
- Louisiana
- Maryland
- Massachusetts
- Montana
- New Hampshire
- New Mexico
- North Carolina
- Oregon
- Pennsylvania
- Tennessee
- Vermont
- West Virginia
Benefit Received
- Arizona – Elective
- California
- Georgia
- Indiana
- Iowa
- Michigan
- Nevada – for CAT
- New Jersey
- Ohio – for CAT
- Rhode Island
- Utah – (Predominant)
- Washington – for B&O Tax
- Wisconsin