Section 1 Domestic Corporations
Library | Tax Law 2009 |
A corporation organized under the laws of the state of Missouri is subject to the Missouri corporate income tax regardless of whether it actually conducts business or maintains any physical presence in Missouri. Section 143.441.1(1), RSMo 2000. As a matter of due process, corporate domicile alone appears to be a sufficient basis for assertion of jurisdiction to impose an income tax. See Shaffer v. Carter, 252 U.S. 37 (1920). The more important issue for a domestic corporation is whether it is entitled to allocate and apportion its income. The terms “allocation” and “apportionment” are sometimes used interchangeably to refer to the division of a corporation’s income among various states. Technically, allocation of income is the direct attribution of income to a particular state or foreign country, while apportionment is the division of income among states in accordance with a formula. In this chapter, the terms are used in that technical sense. Missouri offers corporations the option of allocating and apportioning income under the Multistate Tax Compact (the Compact), § 32.200, RSMo 2000, or under § 143.451, RSMo 2000 (referred to as the “single-factor formula”).
Historically, the question of whether a domestic corporation was entitled to allocate and apportion its income was resolved by reference to whether the use of capital or labor outside of Missouri was a sufficient cause of the production of that income. In re Kansas City Star Co., 142 S.W.2d...
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- Section 1 Domestic Corporations
- Section 2 Jurisdiction to Tax Foreign Corporations
- Section 3 Eligibility for Allocation and Apportionment of Income
- Section 4 Introduction
- Section 5 Consolidated Returns
- Section 6 Use of a Nonstandard Apportionment Formula
- Section 7 Single-Factor Formula
- Section 8 Transactions Occurring Before January 1, 1980, and Transactions After December 31, 1979, Not Involving Sales of Tangible Personal Property
- Section 9 Summary: Circumstances Requiring or Permitting Apportionment
- Section 15 Entitlement to Apportionment of Income vs. Application of the Apportionment Formula
- Section 16 Double Taxation
- Section 17 Transactions Occurring After December 31, 1979, Involving Sales of Tangible Personal Property
- Section 18 Transactions Occurring in Taxable Years Beginning After December 31, 1988, Involving Sales of Tangible Personal Property
- Section 19 Allocation of Income
- Section 20 Eligibility for Allocation and Apportionment of Income
- Section 21 Business/Nonbusiness Income Distinction
- Section 22 Classification of Particular Items of Income
- Section 23 Introduction
- Section 24 Property Factor
- Section 25 Numerator of the Property Factor
- Section 26 Valuation
- Section 27 Payroll Factor
- Section 28 Sales Factor
- Section 29 Multiple Businesses of a Single Taxpayer
- Section 30 Consistency and Uniformity in Reporting
- Section 31 Other Methods of Allocation and Apportionment
- Section 32 Affiliated Groups of Corporations Doing an Interstate Business
- Section 33 Division of Deductions
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