R15-2D-504 Interest

Interest income is business income if the intangible property with respect to which the taxpayer receives interest arises out of or is created in the regular course of the taxpayer’s trade or business operations or if the purpose for acquiring and holding the intangible property is related to or incidental to the trade or business opera- tions. Example 1: The taxpayer operates a multistate chain of depart- ment stores, selling for cash and on credit. The taxpayer receives service charges, interest, or time-price differentials and the like with respect to installment sales and revolving charge accounts. These amounts are business income. Example 2: The taxpayer conducts a multistate manufacturing business. During the year the taxpayer receives a federal income tax refund and collects a judgment against a debtor of the business. Both the tax refund and the judgment bear inter- est. The interest income is business income. Example 3: The taxpayer is engaged in a multistate manufac- turing and wholesaling business. In connection with that busi- ness, the taxpayer maintains special accounts to cover items such as worker’s compensation claims, rain and storm dam- age, and machinery replacement. The moneys in those accounts are invested at interest. Similarly, the taxpayer tem- porarily invests funds intended for payment of federal, state, and local tax obligations. The interest income is business income. Example 4: The taxpayer is engaged in a multistate money order and traveler’s check business. In addition to the fees received in connection with the sale of the money orders and traveler’s checks, the taxpayer earns interest income by invest- ing the funds pending their redemption. The interest income is business income. Example 5: The taxpayer is engaged in a multistate manufac- turing and selling business. The taxpayer usually has working capital totaling $200,000 that it regularly invests in short-term, interest-bearing securities. The interest income is business income. Example 6: In January, the taxpayer sells all of the stock of a subsidiary for $20,000,000. The funds are placed in an inter- est-bearing account pending a decision by management as to how the funds are to be used. The interest income is nonbusi- ness 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).