R15-2D-502 Rents From Real and Tangible Personal Property

Rental income from real and tangible personal property is business income if the property with respect to which the rental income is received is used in the taxpayer’s trade or business or is incidental to the trade or business and is includable in the property factor. Example 1: The taxpayer operates a multistate car rental busi- ness. The income from the car rentals is business income. Example 2: The taxpayer is engaged in the heavy construction business in which it uses equipment such as cranes, tractors, and earth-moving vehicles. The taxpayer makes short-term leases of the equipment when particular pieces of equipment are not needed on any particular project. The rental income is business income. Example 3: The taxpayer operates a multistate chain of men’s clothing stores. The taxpayer purchases a five-story office building for use in connection with its trade or business. It uses the street floor as one of its retail stores and the second and third floors for its general corporate headquarters. The remain- ing two floors are leased to others. The rental of the two floors is incidental to the operation of the taxpayer’s trade or busi- ness. The rental income is business income. Example 4: The taxpayer operates a multistate chain of gro- cery stores. It purchases as an investment an office building in another state with surplus funds and leases the entire building to others. The net rental income is not business income of the grocery store trade or business. Therefore, the net rental income is nonbusiness income. Example 5: The taxpayer operates a multistate chain of men’s clothing stores. The taxpayer invests in a 20-story office build- ing and uses the street floor as one of its retail stores and the second floor for its general corporate headquarters. The remaining 18 floors are leased to others. The rental of the 18 floors is not incidental to but rather is separate from the opera- tion of the taxpayer’s trade or business. The net rental income is not business income of the clothing store trade or business. Therefore, the net rental income is nonbusiness income. Example 6: The taxpayer constructed a plant for use in its mul- tistate manufacturing business and 20 years later the plant was closed and put up for sale. The plant was rented for a tempo- rary period from the time it was closed by the taxpayer until it was sold 18 months later. The rental income is business income and the gain on the sale of the plant is business income. Example 7: The taxpayer operates a multistate chain of gro- cery stores. It owned an office building that it occupied as its corporate headquarters. Because of inadequate space, the tax- payer acquired a new and larger building elsewhere for its cor- porate headquarters. The old building was rented to an investment company under a five-year lease. Upon expiration of the lease, the taxpayer sold the building at a gain (or loss). The net rental income received over the lease period is non- business income and the gain (or loss) on the sale of the build- ing is nonbusiness income. Historical Note Recodified at 6 A.A.R. 2308, filed in the Office of the Secretary of State June 2, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 4973, effective October 5, 2001 (Supp. 01-4).