59-7-401 - Determining threshold level of business activity for corporations organized or incorporated outside of the United States.
59-7-401. Determining threshold level of business activity for corporationsorganized or incorporated outside of the United States.
(1) Except as provided in Subsection (2), in determining whether a corporation is aforeign operating company or has met the threshold level of business activity, business activitywithin and without the United States shall be measured by means of the factors ordinarilyapplicable under Sections 59-7-312 through 59-7-319.
(2) (a) Any taxpayer who would ordinarily be required to apportion business income inaccordance with Part 3, Allocation and Apportionment of Income - Utah UDITPA Provisions,shall use a two-factor formula of property and payroll.
(b) The results of the property and payroll factor computation shall be divided by two, orby one if either the property or payroll factor has a denominator of zero.
Amended by Chapter 225, 2005 General Session