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Mont. Code Ann. § 15-31-312

Apportionment formula -- unitary business provisions

Applied in 1 court decision — leading case 39 Cal. 4th 750 - Microsoft Corp. v. Franchise Tax Board (2006)

Most recently applied in 39 Cal. 4th 750 - Microsoft Corp. v. Franchise Tax Board (August 2006)

En

(1) If the allocation and apportionment provisions of this part do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition for or the tax administrator may require, in respect to all or any part of the taxpayer's business activity, if reasonable:

(a) separate accounting, provided the taxpayer's activities in this state are separate and distinct from its operations conducted outside this state and are not a part of a unitary business operation conducted within and without this state; or

(b) the application of the provisions of Article IV, subsections (13)(a)(ii) through (13)(a)(iv), of 15-1-601.

(2) If the allocation and apportionment provisions of this part do not fairly represent the extent of business activity in this state of taxpayers engaged in a particular industry or in a particular transaction or activity, Article IV, subsection (13)(b), of 15-1-601 applies.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.