By:  Parker                                            S.B. No. 554
       73R3748 CBH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the apportionment of taxable capital and taxable earned
    1-3  surplus of a banking corporation or savings and loan association.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 171.101(a) and (c), Tax Code, are
    1-6  amended to read as follows:
    1-7        (a)  Except as provided by Subsections (b) and (c), the net
    1-8  taxable capital of a corporation is computed by:
    1-9              (1)  adding the corporation's stated capital, as
   1-10  defined by Article 1.02, Texas Business Corporation Act, and the
   1-11  corporation's surplus, to determine the corporation's taxable
   1-12  capital;
   1-13              (2)  apportioning the corporation's taxable capital to
   1-14  this state as provided by Section 171.106(a) or (c), as applicable,
   1-15  or if a banking corporation, as provided by Section 171.1065, to
   1-16  determine the corporation's apportioned taxable capital; and
   1-17              (3)  subtracting from the amount computed under
   1-18  Subdivision (2) any other allowable deductions to determine the
   1-19  corporation's net taxable capital.
   1-20        (c)  The net taxable capital of a savings and loan
   1-21  association is computed by:
   1-22              (1)  determining the association's net worth; <and>
   1-23              (2)  apportioning the amount determined under
   1-24  Subdivision (1) to this state in the same manner that the taxable
    2-1  capital of a banking corporation is apportioned to this state under
    2-2  Section 171.1065 <171.106(a)> to determine the association's
    2-3  apportioned <net> taxable capital; and
    2-4              (3)  subtracting from the amount computed under
    2-5  Subdivision (2) any other allowable deductions to determine the
    2-6  association's net taxable capital.
    2-7        SECTION 2.  Section 171.103, Tax Code, is amended to read as
    2-8  follows:
    2-9        Sec. 171.103.  DETERMINATION OF GROSS RECEIPTS FROM BUSINESS
   2-10  DONE IN THIS STATE FOR TAXABLE CAPITAL.  Except as specifically
   2-11  provided by Section 171.1031 for a banking corporation or a savings
   2-12  and loan association, in <In> apportioning taxable capital, the
   2-13  gross receipts of a corporation from its business done in this
   2-14  state is the sum of the corporation's receipts from:
   2-15              (1)  each sale of tangible personal property if the
   2-16  property is delivered or shipped to a buyer in this state
   2-17  regardless of the FOB point or another condition of the sale, and
   2-18  each sale of tangible personal property shipped from this state to
   2-19  a purchaser in another state in which the seller is not subject to
   2-20  taxation;
   2-21              (2)  each service performed in this state;
   2-22              (3)  each rental of property situated in this state;
   2-23              (4)  each royalty for the use of a patent or copyright
   2-24  in this state; and
   2-25              (5)  other business done in this state.
   2-26        SECTION 3.  Section 171.1031, Tax Code, is amended to read as
   2-27  follows:
    3-1        Sec. 171.1031.  DETERMINATION OF GROSS RECEIPTS, PROPERTY,
    3-2  AND PAYROLL FACTORS FOR APPORTIONMENT OF TAXABLE CAPITAL AND
    3-3  TAXABLE EARNED SURPLUS OF BANKING CORPORATION AND SAVINGS AND LOAN
    3-4  ASSOCIATION.  (a)  A banking corporation or savings and loan
    3-5  association shall determine the gross receipts factor, property
    3-6  factor, and payroll factor for purposes of apportioning taxable
    3-7  capital and taxable earned surplus in accordance with this section.
    3-8        (b)  The gross receipts factor is a fraction, the numerator
    3-9  of which is the gross receipts of the banking corporation or
   3-10  savings and loan association from its business done in this state
   3-11  during the period on which the tax is based and the denominator of
   3-12  which is the gross receipts of the banking corporation or savings
   3-13  and loan association within and without this state during the
   3-14  period on which the tax is based.  Gross receipts of a banking
   3-15  corporation or savings and loan association not specifically
   3-16  described by Subdivisions (1)-(13) are apportioned as business done
   3-17  in this state under the rules prescribed by Section 171.103 for
   3-18  taxable capital and under the rules prescribed by  Section 171.1032
   3-19  for taxable earned surplus.  The numerator of the gross receipts
   3-20  factor includes all interest and fees or penalties in the nature of
   3-21  interest and all net gains (but not less than zero), charges, fees,
   3-22  or other receipts of the banking corporation or savings and loan
   3-23  association from:
   3-24              (1)  the lease or rental of real property owned by the
   3-25  taxpayer or from the sublease of real property if the property is
   3-26  located in this state;
   3-27              (2)  the lease or rental of tangible personal property
    4-1  owned by the taxpayer if the property is located in this state when
    4-2  it is first placed in service, other than receipts from the lease
    4-3  or rental of movable tangible property, such as rolling stock,
    4-4  water vessels, or mobile equipment, included in the numerator of
    4-5  the property factor under Subsection (c);
    4-6              (3)  loans secured by real property if the real
    4-7  property securing the loan is primarily located in this state at
    4-8  the time the original loan agreement was made, provided that if a
    4-9  loan is secured by real property not primarily located in any one
   4-10  state at the time the original loan agreement is made, the gross
   4-11  receipts from the loan are apportioned to this state if the
   4-12  borrower is engaged in a trade or business in this state and
   4-13  maintains its commercial domicile in this state or if the borrower
   4-14  is not engaged in trade or business in this state but has its
   4-15  billing address in this state;
   4-16              (4)  loans not secured by real property if the borrower
   4-17  is engaged in a trade or business in this state and maintains its
   4-18  commercial domicile in this state or if the borrower is not engaged
   4-19  in a trade or business in this state but has its billing address in
   4-20  this state;
   4-21              (5)  syndication loans or participation loans, provided
   4-22  that the taxpayer's portion of the interest, fees, or penalties in
   4-23  the nature of interest from syndication loans or participation
   4-24  loans is included in the numerator of the gross receipts factor in
   4-25  the same manner as gross receipts from loans are included in the
   4-26  numerator of the gross receipts factor under Subdivisions (3) and
   4-27  (4);
    5-1              (6)  syndicated lease transactions involving the lease
    5-2  of real property or tangible personal property, provided that the
    5-3  taxpayer's portion of the interest, fees, or penalties in the
    5-4  nature of interest from syndicated lease transactions is included
    5-5  in the numerator of the gross receipts factor in the same manner as
    5-6  gross receipts from leases of real property or tangible personal
    5-7  property are included in the numerator of the receipts factor under
    5-8  Subdivisions (1) and (2);
    5-9              (7)  net gains, including income recorded under the
   5-10  coupon stripping rule of Section 1286, Internal Revenue Code, from
   5-11  the sale of all loans, including syndication loans, provided that:
   5-12                    (A)  if the gains are from the sale of loans
   5-13  secured by real property, the amount of the net gains included as
   5-14  business done in this state is determined by multiplying the net
   5-15  gains by a fraction, the numerator of which is the amount included
   5-16  as business done in this state under Subdivision (3) and the
   5-17  denominator of which is the taxpayer's total amount of interest and
   5-18  fees or penalties in the nature of interest from loans secured by
   5-19  real property; and
   5-20                    (B)  if the gains are from the sale of loans not
   5-21  secured by real property, the amount of the net gains included as
   5-22  business done in this state is determined by multiplying the net
   5-23  gains by a fraction, the numerator of which is the amount included
   5-24  as business done in this state under Subdivision (4) and the
   5-25  denominator of which is the taxpayer's total amount of interest and
   5-26  fees or penalties in the nature of interest from loans not secured
   5-27  by real property;
    6-1              (8)  credit card receivables and credit card fees
    6-2  charged to card holders, such as annual fees, if the billing
    6-3  address of the card holder is in this  state;
    6-4              (9)  credit card issuer's reimbursement fees and any
    6-5  net gains from the sale of credit card receivables, provided that
    6-6  the amount of credit card issuer's reimbursement fees or net gains
    6-7  from the sale of credit card receivables included as business done
    6-8  in this state is determined by multiplying the credit card issuer's
    6-9  reimbursement fees or net gains from the sale of credit card
   6-10  receivables, respectively, by a fraction, the numerator of which is
   6-11  the amount included as business done in this state from credit card
   6-12  receivables and credit card fees under Subdivision (8) and the
   6-13  denominator of which is the taxpayer's total amount of gross
   6-14  receipts from credit card receivables and credit card fees charged
   6-15  to card holders;
   6-16              (10)  merchant discounts, if the commercial domicile of
   6-17  the merchant is in this state;
   6-18              (11)  loan servicing fees from loans secured by real
   6-19  property, provided  that:
   6-20                    (A)  if the loan servicing fees are derived from
   6-21  loans secured by real property, the amount of the loan servicing
   6-22  fees included as business done in this state is determined by
   6-23  multiplying the loan servicing fees by a fraction, the numerator of
   6-24  which is the amount included as business done in this state under
   6-25  Subdivision (3) and the denominator of which is the taxpayer's
   6-26  total amount of gross receipts from loans secured by real property;
   6-27  and
    7-1                    (B)  if the loan servicing fees are derived from
    7-2  loans not secured by real property, the amount of the loan
    7-3  servicing fees included as business done in this state is
    7-4  determined by multiplying the loan servicing fees by a fraction,
    7-5  the numerator of which is the amount included as business done in
    7-6  this state under Subdivision (4) and the denominator of which is
    7-7  the taxpayer's total amount of gross receipts from loans not
    7-8  secured by real property;
    7-9              (12)  all other fees or charges for services not
   7-10  otherwise apportioned under this subsection, if the service is
   7-11  performed in this state; and
   7-12              (13)  investments in securities and from trading
   7-13  activities, including investment securities, assets held in trading
   7-14  accounts, federal funds, securities purchased or sold under
   7-15  agreements to resell or repurchase, options, futures contracts,
   7-16  forward contracts, notional principal contracts such as swaps, and
   7-17  foreign currency transactions, provided that:
   7-18                    (A)  if the income is from investments in
   7-19  securities in the investment portfolio, the amount of the income
   7-20  included as business done in this state is determined by
   7-21  multiplying all the income by a fraction, the numerator of which is
   7-22  the average value of such investments that are booked at a regular
   7-23  place of business of the taxpayer within this state and the
   7-24  denominator of which is the average value of all such investments;
   7-25  and
   7-26                    (B)  if the income is from investments in
   7-27  securities not in the investment portfolio or from trading
    8-1  activities, the amount of the income included as business done in
    8-2  this state is determined by multiplying all the income by a
    8-3  fraction, the numerator of which is the average value of such
    8-4  investments and trading activities that are booked at a regular
    8-5  place of business of the taxpayer in this state and the denominator
    8-6  of which is the average value of all such investments.
    8-7        (c)  The property factor is a fraction that represents the
    8-8  percentage of the taxpayer's real property, tangible personal
    8-9  property, loans, and credit card receivables apportioned to this
   8-10  state during the period on which the tax is based.  The numerator
   8-11  of the fraction is the average value of such property located in
   8-12  this state, and the denominator of the fraction is the average
   8-13  value of all such property located both within and without this
   8-14  state.  The numerator of the property factor includes:
   8-15              (1)  real property owned or rented to the taxpayer, if
   8-16  the property is physically located or situated in this state;
   8-17              (2)  movable tangible property, such as rolling stock,
   8-18  water vessels, or mobile equipment, to the extent that the property
   8-19  is used in this state;
   8-20              (3)  loans and all credit card receivables that are:
   8-21                    (A)  booked at a regular place of business of the
   8-22  taxpayer in this state;
   8-23                    (B)  if the taxpayer is organized under the laws
   8-24  of the United States or of any state, booked at a place of business
   8-25  in this state that is not a regular place of business of the
   8-26  taxpayer if the taxpayer's commercial domicile is in this state; or
   8-27                    (C)  if a taxpayer is organized under the laws of
    9-1  a foreign country, booked at a place of business in this state that
    9-2  is not a regular place of business of the taxpayer if the taxpayer
    9-3  has declared this state to be its home state under the
    9-4  International Banking Act of 1978 (12 U.S.C. Section 3101 et seq.),
    9-5  provided that if that declaration has not been made or is not
    9-6  required, the loan is presumed to be located at the place in the
    9-7  United States where the taxpayer has the most employees; and
    9-8              (4)  any other loan that is demonstrated to have a
    9-9  preponderance of substantive contact with this state under rules
   9-10  established by the comptroller taking into consideration actions
   9-11  such as solicitation, investigation, negotiation, approval, and
   9-12  administration of the loan in this state.
   9-13        (d)  The average value of property owned by the taxpayer is
   9-14  determined for purposes of the property factor on an annual basis
   9-15  by adding the value of the property on the first day of the taxable
   9-16  year and the value on the last day of the taxable year and dividing
   9-17  the sum by two.  The average value of real property and tangible
   9-18  personal property that the taxpayer has leased from another and
   9-19  that is not treated as owned by the taxpayer for federal income tax
   9-20  purposes is determined on an annual basis by multiplying the gross
   9-21  rents payable during the taxable year by eight.  The value of the
   9-22  property is determined as follows:
   9-23              (1)  real property and tangible personal property owned
   9-24  by the taxpayer is valued at the cost or other basis of the
   9-25  property for federal income tax purposes without regard to
   9-26  depletion, depreciation, or amortization;
   9-27              (2)  loans are valued at their outstanding principal
   10-1  balances without regard to any reserve for bad debts, provided that
   10-2  if a loan is charged off in whole or in part for federal income tax
   10-3  purposes, the portion of the loan charged off is not considered
   10-4  part of the outstanding balance and any specifically allocated
   10-5  reserve established under regulatory or financial accounting
   10-6  guidelines that is treated as charged off for federal income tax
   10-7  purposes is treated as charged off for purposes of this subsection;
   10-8  and
   10-9              (3)  credit card receivables are valued at their
  10-10  outstanding principal balance without regard to any reserve for bad
  10-11  debts, provided that if a credit card receivable is charged off in
  10-12  whole or in part for federal income tax purposes, the portion of
  10-13  the receivable charged off is not considered part of the
  10-14  outstanding balance.
  10-15        (e)  The payroll factor is a fraction, the numerator of which
  10-16  is the total amount paid in this state by the taxpayer for
  10-17  compensation during the period on which the tax is based and the
  10-18  denominator of which is the total amount paid by the taxpayer as
  10-19  compensation within and without this state during the period on
  10-20  which the tax is based.  The amount paid to an employee for
  10-21  services or activities connected to the production of nonbusiness
  10-22  income and the amount paid to an independent contractor or a person
  10-23  not deemed to be an employee of the taxpayer under Section 3401,
  10-24  Internal Revenue Code, is excluded from both the numerator and
  10-25  denominator of the factor.  In this subsection:
  10-26              (1)  "Compensation" includes all wages, salaries,
  10-27  commissions, and any other forms of remuneration paid to an
   11-1  employee for personal services that are considered income under the
   11-2  Internal Revenue Code.
   11-3              (2)  "Employee" means an officer of a corporation or an
   11-4  individual who, under the usual common-law rules applicable in
   11-5  determining the employer-employee relationship, has the status of
   11-6  an employee.  For an employee not subject to the Internal Revenue
   11-7  Code, including, for example, a person employed in a foreign
   11-8  country, the determination of whether a payment to the employee
   11-9  constitutes income paid to the employee is made as though the
  11-10  employee were subject to the Internal Revenue Code.  Compensation
  11-11  paid in this state shall equal the total compensation taken from
  11-12  the federal payroll tax reports for the period on which the tax is
  11-13  based that is attributable to this state.  Compensation is paid in
  11-14  this state if any one of the following tests, applied
  11-15  consecutively, is met:
  11-16                    (A)  the employee's service is performed entirely
  11-17  within this state;
  11-18                    (B)  the employee's service is performed both
  11-19  within and without this state, but the service performed without
  11-20  this state is incidental to the employee's service within this
  11-21  state because it is temporary or transitory in nature or is
  11-22  rendered in connection with an isolated transaction;
  11-23                    (C)  if the employee's services are performed
  11-24  both within and without this state, the employee's compensation is
  11-25  attributed to this state:
  11-26                          (i)  if the employee's base of operations
  11-27  is within this state;
   12-1                          (ii)  if there is no base of operations in
   12-2  any state in which some part of the service is performed, but the
   12-3  place from which the service is directed or controlled is in this
   12-4  state; or
   12-5                          (iii)  if the base of operations or the
   12-6  place from which the service is directed or controlled is not in
   12-7  any state in which some part of the service is performed, but the
   12-8  employee's residence is in this state.
   12-9              (3)  "Place from which the service is directed or
  12-10  controlled" means the place from which the power to direct or
  12-11  control is exercised by the taxpayer.
  12-12              (4)  "Base of operations" means the place of more or
  12-13  less permanent nature from which the employee starts the employee's
  12-14  work and to which the employee customarily returns to:
  12-15                    (A)  receive instructions from the taxpayer or
  12-16  communications from the employee's customers or other persons; or
  12-17                    (B)  perform any other functions necessary to the
  12-18  exercise of the employee's trade or profession at some other point
  12-19  or points.
  12-20        (f)  In this section:
  12-21              (1)  "Billing address" means the location indicated in
  12-22  the books and records of the taxpayer as the address where any
  12-23  notice, statement, or bill relating to a customer's account is
  12-24  mailed.
  12-25              (2)  "Commercial domicile" means the headquarters of
  12-26  the trade or business, that is, the place from which the trade or
  12-27  business is principally managed and directed.
   13-1              (3)  "Credit card" means a credit, travel, or
   13-2  entertainment card.
   13-3              (4)  "Credit card issuer's reimbursement fee" means the
   13-4  receipts a taxpayer receives from a merchant's bank because one of
   13-5  the persons to whom the taxpayer has issued a credit card has
   13-6  charged merchandise or services to the credit card.
   13-7              (5)  "Gross rents" means the actual sum of money or
   13-8  other consideration payable, directly or indirectly, by or on
   13-9  behalf of the taxpayer for the use or possession of the property.
  13-10  The term:
  13-11                    (A)  includes any amount payable for the use or
  13-12  possession of real property or tangible property whether designated
  13-13  as a fixed sum of money or as a percentage of receipts, as profits,
  13-14  or otherwise;
  13-15                    (B)  includes any amount payable as additional
  13-16  rent or in lieu of rent, such as interest, taxes, insurance,
  13-17  repairs, or any other amount required to be paid by the terms of a
  13-18  lease or other arrangement;
  13-19                    (C)  includes a proportionate part of the cost of
  13-20  any improvement to real property made by or on behalf of the
  13-21  taxpayer that reverts to the owner or lessor on termination of a
  13-22  lease or other arrangement, determined by computing the amount of
  13-23  amortization or depreciation allowed in computing the taxable
  13-24  income base for the taxable year; except that if a building is
  13-25  erected on leased land by or on behalf of the taxpayer, the value
  13-26  of the land is determined by multiplying the gross rent by eight
  13-27  and the value of the building is determined in the same manner as
   14-1  if owned by the taxpayer; and
   14-2                    (D)  does not include:
   14-3                          (i)  amounts payable as separate charges
   14-4  for water and electric service provided by the lessor;
   14-5                          (ii)  amounts payable as service charges
   14-6  for services such as janitorial services provided by the lessor;
   14-7                          (iii)  amounts payable for storage,
   14-8  provided the amounts are payable for space not designated and not
   14-9  under the control of the taxpayer; and
  14-10                          (iv)  that portion of any rental payment
  14-11  that is applicable to the space subleased from the taxpayer and not
  14-12  used by it.
  14-13              (6)  "Loan" means any extension of credit resulting
  14-14  from direct negotiations between the taxpayer and its customer, or
  14-15  the purchase, in whole or in part, of the extension of credit from
  14-16  another, or both.  The term includes leases treated as loans for
  14-17  federal income tax purposes, but does not include:
  14-18                    (A)  loans representing property acquired in lieu
  14-19  of or pursuant to a foreclosure under Section 595, Internal Revenue
  14-20  Code;
  14-21                    (B)  futures or forward contracts, options, and
  14-22  notional principal contracts, such as swaps;
  14-23                    (C)  credit card receivables, including purchased
  14-24  credit card relationships;
  14-25                    (D)  noninterest-bearing balances due from other
  14-26  depository institutions;
  14-27                    (E)  cash items in the process of collection;
   15-1                    (F)  federal funds sold;
   15-2                    (G)  securities purchased under agreements to
   15-3  resell;
   15-4                    (H)  assets held in a trading account; and
   15-5                    (I)  securities held for investment.
   15-6              (7)  "Merchant discount" means the fee or negotiated
   15-7  discount charged to a merchant by the taxpayer for the privilege of
   15-8  participating in a program in which a credit card is accepted in
   15-9  payment for merchandise or services sold to the card holder.  The
  15-10  fee is computed net of any card holder charge-backs, but is not
  15-11  reduced by an interchange transaction fee or by a credit card
  15-12  issuer's reimbursement fee paid to another for charges made by its
  15-13  card holders.
  15-14              (8)  "Real property owned" and "tangible personal
  15-15  property owned" mean real and tangible personal property,
  15-16  respectively:
  15-17                    (A)  on which the taxpayer may claim depreciation
  15-18  for federal income tax purposes; or
  15-19                    (B)  to which the taxpayer holds legal title and
  15-20  on which no other person may claim depreciation for federal income
  15-21  tax purposes or could claim depreciation if subject to federal
  15-22  income tax.  Real and tangible personal property includes land,
  15-23  stocks in goods, and real and tangible personal property rented to
  15-24  the taxpayer.  Real and tangible personal property does not include
  15-25  coin, currency, or property acquired in lieu of or pursuant to a
  15-26  foreclosure.
  15-27              (9)  "Regular place of business" means an office at
   16-1  which the taxpayer carries on the taxpayer's business in a regular
   16-2  and systematic manner and that is continuously maintained,
   16-3  occupied, and used by employees of the taxpayer <Interest and
   16-4  dividends received by a banking corporation or a savings and loan
   16-5  association are gross receipts of the banking corporation or
   16-6  savings and loan association from its business done in this state
   16-7  if the banking corporation or savings and loan association has its
   16-8  commercial domicile in this state.>
   16-9        <(b)  This section does not apply to any corporation other
  16-10  than a banking corporation and a savings and loan association.>
  16-11        <(c)  To the extent that this subsection does not conflict
  16-12  with Article 8, Chapter 9, The Texas Banking Code of 1943 (Article
  16-13  342-908, Vernon's Texas Civil Statutes), the Banking Department of
  16-14  Texas is required to revoke the chapter of any banking corporation
  16-15  certified by the Comptroller as being delinquent in the payment of
  16-16  its franchise tax>.
  16-17        SECTION 4.  Section 171.1032(a), Tax Code, is amended to read
  16-18  as follows:
  16-19        (a)  Except as specifically provided by Section 171.1031 for
  16-20  a banking corporation or a savings and loan association, in <In>
  16-21  apportioning taxable earned surplus, the gross receipts of a
  16-22  corporation from its business done in this state is the sum of the
  16-23  corporation's receipts from:
  16-24              (1)  each sale of tangible personal property if the
  16-25  property is delivered or shipped to a buyer in this state
  16-26  regardless of the FOB point or another condition of the sale, and
  16-27  each sale of tangible personal property shipped from this state to
   17-1  a purchaser in another state in which the seller is not subject to
   17-2  taxation;
   17-3              (2)  each service performed in this state;
   17-4              (3)  each rental of property situated in this state;
   17-5              (4)  each royalty for the use of a patent or copyright
   17-6  in this state; and
   17-7              (5)  other business done in this state.
   17-8        SECTION 5.  Subchapter C, Chapter 171, Tax Code, is amended
   17-9  by adding Section 171.1065 to read as follows:
  17-10        Sec. 171.1065.  APPORTIONMENT OF TAXABLE CAPITAL AND TAXABLE
  17-11  EARNED SURPLUS OF BANKING CORPORATIONS AND SAVINGS AND LOAN
  17-12  ASSOCIATIONS TO THIS STATE.  (a)  Except as provided by
  17-13  Section 171.106(c), the taxable capital and taxable earned surplus
  17-14  of a banking corporation or a savings and loan association is
  17-15  apportioned to this state by multiplying the taxable capital and
  17-16  taxable earned surplus, respectively, of the banking corporation or
  17-17  savings and loan association by the apportionment percentage.  The
  17-18  apportionment percentage is determined by adding the following
  17-19  three factors and dividing the sum by three:
  17-20              (1)  the gross receipts factor computed as prescribed
  17-21  by Section 171.1031(b);
  17-22              (2)  the property factor computed as prescribed by
  17-23  Sections 171.1031(c) and (d); and
  17-24              (3)  the payroll factor computed as prescribed by
  17-25  Section 171.1031(e).
  17-26        (b)  If one of the factors is missing, the two remaining
  17-27  factors are added and the sum is divided by two.  If two of the
   18-1  factors are missing, the remaining factor is the apportionment
   18-2  percentage.  A factor is missing if both its numerator and
   18-3  denominator are zero, but it is not missing solely because its
   18-4  numerator is zero.
   18-5        (c)  Each factor is computed on a cash or accrual basis
   18-6  according to the method of accounting required or allowed to be
   18-7  used by the taxpayer in determining taxable capital or earned
   18-8  surplus for the period on which the tax is based.
   18-9        (d)  The receipts factor includes only receipts that are
  18-10  included in the computation of the taxable income base for the
  18-11  period on which the tax is based.
  18-12        (e)  The payroll factor includes only expenses that are
  18-13  included in the computation of the taxable income base for the
  18-14  period on which the tax is based.
  18-15        (f)  The property factor includes only property the income or
  18-16  expenses of which are included or would have been included if not
  18-17  fully depreciated or expensed, or depreciated or expensed to a
  18-18  nominal amount, in the computation of the taxable income base for
  18-19  the period on which the tax is based.
  18-20        (g)  If the apportionment percentage, computed on the basis
  18-21  of all or any of the three factors of gross receipts, property, or
  18-22  payroll, does not properly reflect the activity, business, or
  18-23  income of the taxpayer in this state, the taxpayer may request an
  18-24  adjustment or the comptroller may adjust the apportionment
  18-25  percentage by:
  18-26              (1)  excluding one or more factors;
  18-27              (2)  including one or more other factors; or
   19-1              (3)  using any other method calculated to effect a fair
   19-2  and proper apportionment to this state.
   19-3        SECTION 6.  This Act takes effect January 1, 1994, and
   19-4  applies to a report originally due on or after that date.
   19-5        SECTION 7.  The importance of this legislation and the
   19-6  crowded condition of the calendars in both houses create an
   19-7  emergency and an imperative public necessity that the
   19-8  constitutional rule requiring bills to be read on three several
   19-9  days in each house be suspended, and this rule is hereby suspended.