220.15 Apportionment of adjusted federal
income. ---
(1) Except as provided in ss. 220.151 and 220.152, adjusted
federal income as defined in s. 220.13 shall be apportioned to this state by
taxpayers doing business within and without this state by multiplying it by an
apportionment fraction composed of a sales factor representing 50 percent of
the fraction, a property factor representing 25 percent of the fraction, and a
payroll factor representing 25 percent of the fraction. If any factor
described in subsection (2), subsection (4), or subsection (5) has a
denominator that is zero or is determined by the department to be
insignificant, the relative weights of the other factors in the denominator of
the apportionment fraction shall be as follows:
(a) If the denominators for any two factors are zero or are
insignificant, the weighted percentage for the remaining factor shall be 100
percent.
(b) If the denominator for the sales factor is zero or is
insignificant, the weighted percentage for the property and payroll factors
shall change from 25 percent to 50 percent, respectively.
(c) If the denominator for either the property or payroll factor is
zero or is insignificant, the weighted percentage for the other shall be
331/3 percent, and the weighted percentage for the sales factor
shall be 662/3 percent.
(2) The property factor is a fraction the numerator of which is
the average value of the taxpayer's real and tangible personal property owned
or rented and used in this state during the taxable year or period and the
denominator of which is the average value of such property owned or rented and
used everywhere.
(a) Real and tangible personal property owned by the taxpayer shall
be valued at original cost. Real and tangible personal property rented by the
taxpayer shall be valued at 8 times the net annual rental rate paid by the
taxpayer less any annual rental rate received from subrentals.
(b) The average value of real and tangible personal property shall be
determined by averaging the value at the beginning and the end of the taxable
year or period, unless the department determines that an averaging of monthly
values during the taxable year or period is reasonably required to reflect
properly the average value of the taxpayer's real and tangible personal
property.
(3) The property factor used by a financial organization shall
also include intangible personal property, except goodwill, which is owned and
used in the business, valued at its tax basis for federal income tax purposes.
Intangible personal property shall be in this state if it consists of any of
the following:
(a) Coin or currency located in this state;
(b) Assets in the nature of loans, including balances due from
depository institutions, repurchase agreements, federal funds sold, and
bankers acceptances, which assets are located in this state; installment
obligations on loans for which the customer initially applied at an office
located in this state; or loans secured by mortgages, deeds of trust, or other
liens upon real or tangible personal property located in this state;
(c) A portion of a participation loan if the office that enters into
the participation is located in this state;
(d) Credit card receivables from customers who reside or who are
commercially domiciled in this state;
(e) Investments in securities that generate business income if the
taxpayer's commercial domicile is in the state, unless such securities have
acquired a discrete business situs elsewhere;
(f) Securities used to maintain reserves against deposits to meet
federal or state deposit requirements, based on the ratio that total deposits
in this state bear to total deposits everywhere;
(g) Securities held by a state treasurer or other public official or
pledged to secure public funds or trust funds deposited with the taxpayer if
the office at which the secured deposits are maintained is in this
state;
(h) Leases of tangible personal property to another if the taxpayer's
commercial domicile is in the state, unless the taxpayer establishes that the
location of the leased tangible personal property is in another state or
states for the entire taxable year and the taxpayer is taxable in such other
state or states;
(i) Installment sale agreements originally executed by a taxpayer or
its agent to sell real or tangible personal property located in this state;
or
(j) Any other intangible personal property located in this state
which is used to generate business income.
(4) The payroll factor is a fraction the numerator of which is
the total amount paid in this state during the taxable year or period by the
taxpayer for compensation and the denominator of which is the total
compensation paid everywhere during the taxable year or period.
(a) As used in this subsection, the term "compensation" means
wages, salaries, commissions, and any other form of remuneration paid to
employees for personal services.
(b) Compensation is paid in this state if:
1. The employee's service is performed entirely within the state;
or
2. The employee's service is performed both within and without the
state, but the service performed without the state is incidental to the
employee's service within the state; or
3. Some of the employee's service is performed in the state, and
a. The base of operations or, if there is no base of operations,
the place from which the service is directed or controlled is in the state,
or
b. The base of operations or the place from which the service is
directed or controlled is not in any state in which some part of the service
is performed and the employee's residence is in this
state.
(5) The sales factor is a fraction the numerator of which is the
total sales of the taxpayer in this state during the taxable year or period
and the denominator of which is the total sales of the taxpayer everywhere
during the taxable year or period.
(a) As used in this subsection, the term "sales" means all gross
receipts of the taxpayer except interest, dividends, rents, royalties, and
gross receipts from the sale, exchange, maturity, redemption, or other
disposition of securities. However:
1. Rental income is included in the term if a significant portion of
the taxpayer's business consists of leasing or renting real or tangible
personal property; and
2. Royalty income is included in the term if a significant portion
of the taxpayer's business consists of dealing in or with the production,
exploration, or development of minerals.
(b)
1. Sales of tangible personal property occur in this state if the
property is delivered or shipped to a purchaser within this state, regardless
of the f.o.b. point, other conditions of the sale, or ultimate destination of
the property, unless shipment is made via a common or contract carrier.
2. When citrus fruit is delivered by a cooperative for a
grower-member, by a grower-member to a cooperative, or by a grower-participant
to a Florida processor, the sales factor for the growers for such citrus fruit
delivered to such processor shall be the same as the sales factor for the most
recent taxable year of that processor. That sales factor, expressed only as a
percentage and not in terms of the dollar volume of sales, so as to protect
the confidentiality of the sales of the processor, shall be furnished on the
request of such a grower promptly after it has been determined for that
taxable year.
3. Reimbursement of expenses under an agency contract between a
cooperative, a grower-member of a cooperative, or a grower and a processor is
not a sale within this state.
(c) Sales of a financial organization, including, but not limited to,
banking and savings institutions, investment companies, real estate investment
trusts, and brokerage companies, occur in this state if derived from:
1. Fees, commissions, or other compensation for financial services
rendered within this state;
2. Gross profits from trading in stocks, bonds, or other securities
managed within this state;
3. Interest received within this state, other than interest from
loans secured by mortgages, deeds of trust, or other liens upon real or
tangible personal property located without this state, and dividends received
within this state;
4. Interest charged to customers at places of business maintained
within this state for carrying debit balances of margin accounts, without
deduction of any costs incurred in carrying such accounts;
5. Interest, fees, commissions, or other charges or gains from loans
secured by mortgages, deeds of trust, or other liens upon real or tangible
personal property located in this state or from installment sale agreements
originally executed by a taxpayer or the taxpayer's agent to sell real or
tangible personal property located in this state;
6. Rents from real or tangible personal property located in this
state; or
7. Any other gross income, including other interest, resulting from
the operation as a financial organization within this state.
In computing the amounts under this paragraph, any amount received by a
member of an affiliated group (determined under s. 1504(a) of the Internal
Revenue Code, but without reference to whether any such corporation is an
"includable corporation" under s. 1504(b) of the Internal Revenue Code)
from another member of such group shall be included only to the extent such
amount exceeds expenses of the recipient directly related
thereto.
(6) The term "financial organization," as used in this
section, includes any bank, trust company, savings bank, industrial bank, land
bank, safe-deposit company, private banker, savings and loan association,
credit union, cooperative bank, small loan company, sales finance company, or
investment company.
(7) The term "everywhere," as used in the computation of
apportionment factor denominators under this section, means "in all states
of the United States, the District of Columbia, the Commonwealth of Puerto
Rico, any territory or possession of the United States, and any foreign
country, or any political subdivision of the foregoing."
History: s. 1, ch. 71-984; s. 5, ch. 72-278; s. 3, ch. 75-293; s. 7, ch. 83-349;
s. 13, ch. 86-121; s. 57, ch. 89-356; s. 91, ch. 91-112; s. 1186, ch.
95-147.