Section 4. Allocation to the city  


Latest version.
  • (a)  General.  If net earnings from
      self-employment are derived from services performed,  or  from  sources,
      within and without the city, there shall be allocated to the city a fair
      and equitable portion of such earnings.
        (b)  Allocation  of  net  earnings  from self-employment. (1) Place of
      business. If a taxpayer has no regular place  of  business  outside  the
      city  all of his net earnings from self-employment shall be allocated to
      the city.
        (2) Allocation by taxpayer's books. The portion of net  earnings  from
      self-employment  allocable  to the city may be determined from the books
      and records of a taxpayer's trade or business, if the  methods  used  in
      keeping  such  books  and the accuracy thereof are approved by the state
      tax commission as fairly and  equitably  reflecting  net  earnings  from
      self-employment within the city.
        (3)  Allocation  by  formula. If paragraph two of this subsection does
      not  apply  to  the  taxpayer,  the  portion  of   net   earnings   from
      self-employment allocable to the city shall be determined by multiplying
      (A)  net  earnings  from self-employment within and without the city, by
      (B) the average of the following three percentages:
        (i) Property percentage. The percentage computed by dividing  (I)  the
      average  of  the value, at the beginning and end of the taxable year, of
      real and tangible personal property connected with the net earnings from
      self-employment and located within the city, by (II) the average of  the
      value,  at  the  beginning  and end of the taxable year, of all real and
      tangible  personal  property  connected  with  the  net  earnings   from
      self-employment  and  located both within and without the city. For this
      purpose, real property shall include real  property,  whether  owned  or
      rented.
        (ii)  Payroll  percentage. The percentage computed by dividing (I) the
      total wages, salaries and other personal service  compensation  paid  or
      incurred during the taxable year to employees in connection with the net
      earnings  from  self-employment derived from a trade or business carried
      on within the city, by (II) the total of all wages, salaries  and  other
      personal  service  compensation paid or incurred during the taxable year
      to employees in connection with the net  earnings  from  self-employment
      derived  from a trade or business carried on both within and without the
      city.
        (iii) Gross income percentage. The percentage computed by dividing (I)
      the gross sales or charges for  services  performed  by  or  through  an
      agency  located within the city, by (II) the total of all gross sales or
      charges for services performed within and without the city. The sales or
      charges to be allocated to the city shall include all  sales  negotiated
      or  consummated,  and  charges  for  services performed, by an employee,
      agent, agency or independent contractor chiefly situated  at,  connected
      by  contract  or  otherwise  with,  or  sent  out from, offices or other
      agencies of the trade or business from which a taxpayer is deriving  net
      earnings from self-employment, situated within the city.
    
        (c)  Other  allocation  methods.  The  portion  of  net  earnings from
      self-employment allocable to the city shall be determined in  accordance
      with  rules  and  regulations  of  the  state tax commission if it shall
      appear to the tax commission that the net earnings from  self-employment
      are   not  fairly  and  equitably  reflected  under  the  provisions  of
      subsection (b) of this section.
        (d) Special rules for real estate.  Income  and  deductions  from  the
      rental  of  real  property  and gain and loss from the sale, exchange or
      other disposition of real property, shall not be subject  to  allocation
      under  subsection (b) or (c) of this section, but shall be considered as
      entirely derived from or connected with the place in which such property
      is located.