MASSACHUSETTS DEPARTMENT OF REVENUE REGULATION FACT SHEET

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.

REGULATORY HISTORY:
Regulation promulgated 11/ 30/2007

PREPARED BY
Massachusetts Department of Revenue
Rulings and Regulations Bureau
100 Cambridge Street, 7 th floor
Boston, Massachusetts 02210
(617) 626-3250
FAX: (617) 626-3290