§ 11-65 Receipts Factor.
RCNY § 11-65
(a)General.
(1)The percentage of the taxpayer's business receipts within New York City is determined by (i) ascertaining the taxpayer's business receipts within New York City during the period covered by the report and (ii) dividing the sum of such receipts by the taxpayer's total business receipts within and without New York City during such period.
(2)The following receipts are allocable to New York City: (i) one hundred percent of receipts from sales of tangible personal property where shipment is made to points within New York City; (ii) one hundred percent of receipts from services performed in New York City; (iii) one hundred percent of rentals from property situated in New York City; (iv) one hundred percent of royalties from the use in New York City of patents and copyrights; (v) all other business receipts earned in New York City. All such receipts of the period covered by the report (computed on the cash or accrual basis, in accordance with the method of accounting used in the computation of the taxpayer's entire net income) must be taken into account.
(3)If a taxpayer receives a lump sum in payment for services and also for materials or other property, the sum received must be apportioned on a reasonable basis. That part apportioned to services performed is includible in receipts from services performed, and that part apportioned to materials or other property is includible in receipts from sales. Full details must be submitted with the taxpayer's report.
(b)Compensation for services.
(c)Rents and royalties.
(d)Receipts from trucking. Receipts from trucking may be allocated to New York City on the percentage that mileage within New York City bears to total mileage within and without New York City, or on the percentage that the time operated within New York City bears to the total time operated within and without New York City.
(e)Other business receipts.
(f)Receipts factor on combined reports. In the case of combined reports, intercompany business receipts – receipts by any corporation included in the combined report from any other corporation included in such report – are eliminated in computing the percentage of business receipts within New York City. As to when combined reports will be permitted or required, see 19 RCNY § 11-91 infra.
