TITLE: 830 CMR 63.38.10: Apportionment of Income of Electric Industry
SUMMARY OF REGULATION:
Regulation 830 CMR 63.38.10 provides special rules for calculating the sales factors of electric industry taxpayers. Different sourcing rules apply depending on what is being sold ( e.g., electricity, unforced capacity, or electricity brokerage, transmission, or distribution services), who the taxpayer/seller is ( e.g., generator, electricity broker, or electricity distribution company), and whether the sale is a retail or wholesale sale. This Regulation, in particular:
- defines "sales" differently from the way that term is defined under the general sales factor formula in G.L. c. 63, § 38(f);
- defines other relevant terms; and
- provides electric industry taxpayers with sourcing rules that clearly and reasonably reflect income earned in Massachusetts.
Regulation promulgated 11/ 30/2007
Massachusetts Department of Revenue
Rulings and Regulations Bureau
100 Cambridge Street, 7 th floor
Boston, Massachusetts 02210
FAX: (617) 626-3290
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