All questions
Question 1
A state that uses a single sales factor apportionment formula:
- Only taxes businesses that have employees physically located in the state.
- Apportions income based solely on the ratio of the taxpayer's payroll in the state to total payroll.
- Apportions income equally among all states where the business operates.
- Apportions income based solely on the ratio of the taxpayer's sales attributable to the state to the taxpayer's total sales everywhere - this rewards businesses that create jobs and property in the state but sell elsewhere. (correct answer)
Explanation: Single sales factor apportionment uses only the sales ratio, which benefits companies with in-state production (property/payroll) and out-of-state sales by excluding property and payroll from the formula. Answer D is correct. Employee location (A) is a nexus issue. Payroll-only (B) describes a payroll factor formula. Equal allocation (C) ignores the actual formula.
Question 2
The sales factor in state income tax apportionment is generally calculated as:
- The taxpayer's sales sourced to the state divided by the taxpayer's total sales everywhere. (correct answer)
- The taxpayer's in-state sales minus returns and allowances.
- The average of the taxpayer's beginning and ending in-state accounts receivable.
- The ratio of in-state customers to total customers.
Explanation: The sales factor = in-state (state-sourced) sales / total everywhere sales, expressed as a fraction. Answer A is correct. Absolute sales amount (B) is not the factor. AR averages (C) are used in property factor calculations. Customer counts (D) are not the sales factor.
Question 3
Under the 'market-based sourcing' rule for services, sales are typically sourced to:
- The state where the service provider's employees physically performed the service.
- The state where the service provider's headquarters are located.
- The state where the customer received the benefit of the service - regardless of where the service was performed. (correct answer)
- The state with the highest income tax rate where the taxpayer has nexus.
Explanation: Market-based sourcing sources service revenue to where the customer receives the benefit - favoring businesses with out-of-state performance that serve in-state customers. Answer C is correct. Cost-of-performance (A) is the traditional alternative rule. Headquarters (B) is not the sourcing standard. Tax rate (D) is not a sourcing rule.
Question 4
The 'throwback rule' in state apportionment applies when:
- A taxpayer's income in a state decreases year over year.
- A taxpayer has nexus in every state where it makes sales.
- A taxpayer's property factor exceeds its payroll factor.
- A sale is 'thrown back' to the state of origin (where the goods are shipped from) when the destination state has no jurisdiction to tax the seller - preventing some sales from falling out of all state apportionment formulas. (correct answer)
Explanation: The throwback rule prevents 'nowhere income' by assigning sales back to the shipping state when the seller lacks nexus in the destination state. Answer D is correct. Year-over-year changes (A) are irrelevant. Nexus everywhere (B) is the opposite situation where throwback doesn't apply. Factor comparisons (C) don't trigger throwback.
Question 5
Physical presence nexus for income tax purposes can be established by:
- Advertising in a state through national publications or broadcast media.
- Billing customers located in the state.
- Having employees, independent contractors, property, or inventory in the state - any physical connection may create nexus for income tax purposes beyond P.L. 86-272 protections. (correct answer)
- Holding a bank account in the state.
Explanation: Physical nexus for income tax can arise from employees, agents, property, or inventory - connections beyond protected solicitation activities under P.L. 86-272. Answer C is correct. Advertising (A), billing customers (B), and bank accounts (D) generally do not create physical nexus.
Question 6
A corporation is determined to be a 'unitary business' with its subsidiaries. The unitary concept requires:
- A functional integration, centralization of management, and economies of scale among the entities - factors indicating they operate as a single enterprise rather than independent businesses. (correct answer)
- Ownership of more than 50% of each subsidiary's stock.
- Filing a combined return in every state where any member has nexus.
- All group members to be incorporated in the same state.
Explanation: The unitary business concept requires evidence of operational integration, central management, and economies of scale - the constitutional and economic basis for combined reporting. Answer A is correct. Ownership percentage (B) is one factor but not the only test. Combined returns are required in combined reporting states (C) but not automatically everywhere. Incorporation state (D) is irrelevant.
Question 7
A multistate business with nexus in three states uses a double-weighted sales factor formula. In a state that double-weights sales, the apportionment formula is:
- Property/3 + Payroll/3 + Sales/3.
- Property/3 + Payroll/3 + 2 x Sales/3.
- (Property factor + Payroll factor + 2 × Sales factor) / 4. (correct answer)
- Property × 1/3 + Sales × 2/3.
Explanation: In a double-weighted sales formula, the sales factor is counted twice and the denominator is increased to 4 to keep the formula summing to 100%. The correct formulation is (Property factor + Payroll factor + Sales factor + Sales factor) / 4, which equals (P + W + 2S) / 4. Answer C is correct. Equal weighting (A) is the traditional three-factor formula, not double-weighted. Answer B incorrectly keeps the denominator at 3 while doubling the sales numerator weight - this would cause the formula to sum to more than 100%. Answer D ignores the payroll factor entirely, leaving an incomplete formula.
Question 8
A sales transaction is 'sourced' to a state for apportionment purposes when:
- The buyer pays from a bank account located in that state.
- The transaction is negotiated by a salesperson located in that state.
- The invoice is generated in that state.
- The product is delivered or the service benefit is received in that state - under destination-based sourcing rules (most common), the sales factor reflects where customers receive goods or services. (correct answer)
Explanation: Sales factor sourcing follows destination rules - sales are assigned to the state where the customer receives the product or the benefit of the service. Answer D is correct. Bank account location (A), salesperson location (B), and invoice origin (C) are not standard sourcing rules.
Question 9
Which of the following best describes the relationship between federal taxable income and state taxable income for a corporation?
- States typically start with federal taxable income and make state-specific additions and subtractions - some states conform to federal law (IRC conformity) while others have their own definitions of taxable income. (correct answer)
- State taxable income always equals federal taxable income.
- States use GAAP net income as the starting point for state taxable income.
- Federal and state taxable income are determined independently with no relationship.
Explanation: State income tax computations typically begin with federal taxable income and adjust for state-specific items - states vary in their conformity to federal law. Answer A is correct. State and federal income often differ (B). GAAP net income is for financial reporting (C). There is a direct relationship - federal TI is the starting point (D).
Question 10
Following the Supreme Court's decision in South Dakota v. Wayfair (2018), economic nexus for sales tax purposes is established when:
- A seller exceeds a state's economic nexus threshold, commonly $100,000 in sales or 200 transactions in the state - physical presence is no longer required. (correct answer)
- A seller has at least one employee physically working in the state.
- A seller's nationwide revenue exceeds $1 million.
- A seller advertises its products in the state through any medium.
Explanation: Wayfair eliminated the physical presence requirement for sales tax nexus - economic presence (meeting transaction or revenue thresholds) is sufficient. Answer A is correct. Physical presence (B) is no longer required. National revenue (C) is not the nexus standard. Advertising (D) alone does not establish economic nexus.
Question 11
A taxpayer has the following data for State Y: property in State Y = $200,000; total property everywhere = $1,000,000; payroll in State Y = $100,000; total payroll everywhere = $500,000; sales in State Y = $300,000; total sales everywhere = $1,500,000. Using a three-factor equally weighted formula, State Y's apportionment percentage is:
- 20% - calculated as (20% property + 20% payroll + 20% sales) / 3 = 20%. (correct answer)
- 25% - calculated as average of (20%, 20%, 30%).
- 30% - calculated using only the sales factor.
- 23.3% - calculated as (20% + 20% + 30%) / 3.
Explanation: Property: 200K/1M = 20%; Payroll: 100K/500K = 20%; Sales: 300K/1.5M = 20%. Average = (20+20+20)/3 = 20%. Answer A is correct. The sales factor is 20% (300K/1.5M), not 30% (B, C, D are all wrong because sales = 300/1500 = 20%). Question 12
In the context of state income taxation, 'nexus' refers to:
- The apportionment formula used to allocate income among states.
- The minimum amount of income a business must earn in a state before filing is required.
- The treaty between states governing reciprocal tax treatment of multistate businesses.
- The sufficient connection between a business and a state that subjects the business to that state's taxing jurisdiction - the threshold requirement that must be met before a state can impose its income tax. (correct answer)
Explanation: Nexus is the constitutional and statutory connection required between a taxpayer and a state before the state can impose taxes. Answer D is correct. Nexus is distinct from apportionment (A). It is not a dollar threshold (B). There is no such interstate treaty (C).
Question 13
P.L. 86-272 protection has been eroded for companies with digital activity. According to SALT guidance from the Multistate Tax Commission (MTC), which of the following digital activities goes beyond solicitation and creates income tax nexus?
- Having a website that allows customers to browse products.
- Accepting orders through an online portal.
- Sending promotional emails to customers in the state.
- Providing post-sale support through online chat, cookies that adjust content based on user preferences, or other interactive digital activities that go beyond mere order solicitation. (correct answer)
Explanation: The MTC has interpreted P.L. 86-272 narrowly for digital activities - interactive features like chat support and personalized cookies constitute business activities beyond protected solicitation, creating nexus. Answer D is correct. Browsing (A) and online ordering (B) are protected. Promotional emails (C) are within solicitation. Interactive support (D) exceeds protection.
Question 14
A taxpayer subject to income tax in multiple states may face 'nowhere income' - income that is not taxed by any state - when:
- The taxpayer earns income from investments in federal treasury securities.
- The taxpayer makes sales to customers in states where it lacks nexus and the shipping state does not have a throwback rule - those sales fall out of all apportionment formulas. (correct answer)
- The taxpayer operates in states with no income tax.
- The taxpayer earns capital gains that no state claims the right to tax.
Explanation: Nowhere income arises when sales go to nexus-lacking destination states without a throwback rule - the sales are excluded from the numerator of all states and are therefore not apportioned to any state. Answer B is correct. Treasury interest (A) has specific exclusion rules. No-tax states (C) don't create nowhere income. Capital gains (D) are subject to allocation rules.
Question 15
Public Law 86-272 (P.L. 86-272) provides protection from state income tax when a business:
- Is incorporated in a state other than where it conducts business.
- Has less than $1 million in sales in a state.
- Limits its in-state activities to solicitation of orders for tangible personal property that are approved and shipped from outside the state. (correct answer)
- Has no employees physically present in the state.
Explanation: P.L. 86-272 protects companies from state income tax when their only in-state activity is soliciting orders for tangible personal property shipped from outside the state. Answer C is correct. Incorporation state (A) doesn't provide P.L. 86-272 protection. No dollar threshold exists (B). Employees may be present for solicitation (D).
Question 16
A corporation has nexus in 5 states and uses a three-factor apportionment formula. The apportioned income for State X is calculated as:
- The corporation's worldwide income multiplied by the number of states divided by 5.
- The corporation's taxable income multiplied by a fraction - (in-state property/total property + in-state payroll/total payroll + in-state sales/total sales) / 3. (correct answer)
- The sum of all income earned from customers located in State X.
- The corporation's income multiplied by the percentage of days employees worked in State X.
Explanation: The three-factor formula multiplies total taxable income by the average of the three equally weighted factors (property, payroll, sales), each as a ratio of in-state to everywhere. Answer B is correct. Equal division by states (A) ignores the factors. Customer-sourced income (C) is a component of the sales factor only. Days-worked percentage (D) is not the formula.
Question 17
A state requires combined reporting for unitary businesses. 'Combined reporting' requires:
- Each member of a corporate group to file separate state returns reporting only their own income.
- All members of an affiliated group to file one combined state return based on federal consolidated taxable income.
- Only the parent corporation to report all income of subsidiaries.
- Members of a unitary business group to combine their income and factors into a single apportionment calculation - eliminating intercompany transactions and income shifting within the unitary group. (correct answer)
Explanation: Combined reporting eliminates tax avoidance through intercompany transactions by treating the unitary group as a single entity for apportionment purposes. Answer D is correct. Separate filing (A) allows income shifting combined reporting prevents. Combined reporting is based on unitary income, not consolidated federal income (B). Only parent reporting (C) doesn't capture the unitary concept.
Question 18
Economic nexus standards for state income tax purposes (separate from sales tax Wayfair thresholds) typically arise when:
- A business exceeds a state's statutory or regulatory economic presence threshold - common thresholds include $50,000 to $500,000 of in-state sales or revenue, even without physical presence. (correct answer)
- A business has any customers located in the state.
- A business earns at least 10% of its total revenue from in-state customers.
- A business is registered to do business in the state.
Explanation: Many states have enacted economic nexus standards for income tax that set minimum revenue thresholds, creating nexus without physical presence following Wayfair. Answer A is correct. Any customer (B) is too broad. A 10% threshold (C) is not a standard threshold. Business registration (D) creates nexus but is not the economic nexus standard.
Question 19
A business sells software as a service (SaaS) to customers in multiple states. Under market-based sourcing, the revenue from each SaaS subscription would be sourced to:
- The state where the company's servers hosting the software are located.
- The state where the customer uses (receives the benefit of) the software - typically the customer's location. (correct answer)
- The state where the software was developed.
- Equally allocated among all states where the company has nexus.
Explanation: Market-based sourcing assigns SaaS revenue to where the customer accesses and uses the service - the customer's location. Answer B is correct. Server location (A) is the cost-of-performance approach, not market-based. Development state (C) is not the sourcing rule. Equal allocation (D) is not the standard.
Question 20
A state may tax a non-domiciliary corporation's income only to the extent of the income that is:
- Earned by employees physically located in the state.
- Received from customers with billing addresses in the state.
- Attributable to assets located in the state.
- Fairly apportioned to the state through a constitutionally permissible apportionment formula that reflects the business activity in the state - the U.S. Constitution requires that state taxation be fairly apportioned and not discriminatory. (correct answer)
Explanation: The Constitution (Commerce and Due Process Clauses) requires that state income tax on interstate commerce be fairly apportioned, have nexus, be non-discriminatory, and fairly related to services provided. Answer D is correct. Employee wages (A), customer billing (B), and in-state assets (C) are components of the formula, not the complete constitutional standard.