R15-2C-602 Income from Intangible Personal Property A.

Income of non-residents from rentals or royalties for the use of or for the privilege of using patents, copyrights, secret pro- cesses and formulas, goodwill, trademarks, trade brands, fran- chises, and other like property in this state is taxable if such intangible property has a business situs in this state within the meaning of subsection (C) below. B. Income of non-residents from intangible personal property such as shares of stock in corporations, bonds, notes, bank deposits and other indebtedness is taxable as income from sources within this state only if the property has a situs for tax- ation in this state. However, if a non-resident buys or sells stocks, bonds, and other such property in this state or places orders with brokers in this state to buy or sell such property regularly, systematically, and continuously as to constitute doing business in this state, the profit or gain derived from such activity is taxable as income from a business carried on here irrespective of the situs of the property for taxation. C. Business situs of intangible personal property 1. Intangible personal property has a business situs in this state if it is employed as capital in this state or possession and control of the property has been localized in connec- tion with a business, trade, or profession in this state so that the substantial use of the property and the value attached to it become an asset of the business, trade, or profession in this state. Example: If a non-resident pledges stocks, bonds, or other intangible personal property in this state as security for the payment of indebtedness, taxes, etc., incurred in connection with a business in this state, the property has a business situs here. Again, if a non-resident maintains a branch office here and a bank account on which the agent in charge of the branch office may draw for the payment of expenses in connection with the activities in this state, the bank account has a business situs here. 2. If intangible personal property of a non-resident has acquired a business situs here, the entire income from the sale thereof is income from sources within this state and is taxable to the non-resident regardless of where the sale is consummated. D. Transactions in this state extending over a period of less than 6 months shall not constitute doing business within this state. Historical Note Recodified at 6 A.A.R. 2308, filed in the Office of the Secretary of State June 2, 2000 (Supp. 00-2).