R15-2D-505 Dividends

Dividends are business income if the stock with respect to which the taxpayer receives dividends arises out of or was acquired in the regular course of the taxpayer’s trade or business operations or if the purpose for acquiring and holding the stock is related to or inci- dental to the trade or business operations. Example 1: The taxpayer operates a multistate chain of stock brokerage houses. During the year, the taxpayer receives divi- dends on stock that it owns. The dividends are business income. Example 2: 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. A portion of the moneys in those accounts is invested in interest-bearing bonds. The remainder is invested in various common stocks listed on national stock exchanges. Both the interest income and any dividends are business income. Example 3: The taxpayer and several unrelated corporations own all of the stock of a corporation whose business opera- tions consist solely of acquiring and processing materials for delivery to the corporate owners. The taxpayer acquired the stock to obtain a source of supply of materials used in its man- ufacturing business. The dividends are business income. Example 4: The taxpayer is engaged in a multistate heavy con- struction business. Much of its construction work is performed for agencies of the federal government and various state gov- ernments. Under state and federal laws applicable to contracts for these agencies, a contractor must have adequate bonding capacity, as measured by the ratio of its current assets (cash and marketable securities) to current liabilities. To maintain an adequate bonding capacity, the taxpayer holds various stocks and interest-bearing securities. Both the interest income and any dividends received are business income. Example 5: The taxpayer receives dividends from the stock of its subsidiary or affiliate, which acts as the marketing agency for products manufactured by the taxpayer. The dividends are business income. Example 6: The taxpayer is engaged in a multistate glass man- ufacturing business. It also holds a portfolio of stock and inter- est-bearing securities, the acquisition and holding of which are unrelated to the manufacturing business. The dividends and interest income received are 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).