R15-2D-605 Valuation of Rented Property A.

Property rented by a taxpayer is valued at eight times its net annual rental rate. The net annual rental rate for any item of rented property is the annual rental rate paid by the taxpayer for the property, less the aggregate annual subrental rates paid by subtenants of the taxpayer. Subrents are not deducted when the subrents constitute business income because the taxpayer uses the property that produces the subrents in the regular course of a trade or business of the taxpayer when it is produc- ing the subrent income; accordingly, there is no reduction in its value. If the adjustment for subrents produces a negative or inaccurate value of rented property, the special provisions in R15-2D-902 apply. Example 1: The taxpayer receives subrents from a bakery concession in a food market operated by the taxpayer. Because the subrents are business income they are not deducted from rent paid by the taxpayer for the food mar- ket. Example 2: The taxpayer rents a five-story office build- ing primarily for use in its multistate business, uses three floors for its offices and subleases two floors to various other businesses and persons such as professionals and shops. The rental of the two floors is incidental to the operation of the taxpayer’s trade or business. Because the subrents are business income, they are not deducted from the rent paid by the taxpayer. Example 3: The taxpayer rents a 20-story office building and uses the lower two stories for its general corporation headquarters. The remaining 18 floors are subleased to others. The rental of the 18 floors is not incidental to but rather is separate from the operation of the taxpayer’s trade or business. Because the subrents are nonbusiness income they are deducted from the rent paid by the tax- payer. B. “Annual rental rate” means the amount paid as rental for prop- erty for a 12-month period. 1. If property is rented for less than a 12-month period, the rent paid for the actual period of rental is the “annual rental rate” for the tax period. 2. If a taxpayer has rented property for a term of 12 or more months and the current tax period covers a period of less than 12 months (due, for example, to a reorganization or change of accounting period), the taxpayer shall annual- ize the rent paid for the short tax period. If the rental term is for less than 12 months, the rent is not annualized beyond its term. Example 1: Taxpayer A ordinarily files its returns based on a calendar year and merges into Taxpayer B on April 30. The net rent paid under a lease with five years remaining is $2,500 a month. The rent for the tax period January 1 to April 30 is $10,000. After the rent is annualized the net rent is $30,000 ($2,500 x 12). Example 2: Same facts as in example one except that the lease would have terminated on August 31. In this case, the annualized rent is $20,000 ($2,500 x 8). 3. A taxpayer shall not annualize rent when the rental term is on a month-to-month basis. C. “Annual rent” means the actual sum of money or other consid- eration payable, directly or indirectly, by a taxpayer or for its benefit for the use of property and includes: 1. Any amount payable for the use of real or tangible per- sonal property, or any part of the property, whether desig- nated as a fixed sum of money or as a percentage of sales, profits, or otherwise. Example: A taxpayer, under the terms of a lease, pays a lessor $1,000 per month as a base rental and at the end of year pays the lessor one percent of its gross sales of $400,000. The annual rent is $16,000 ($12,000 plus one percent of $400,000 or $4,000). 2. Any amount payable as additional rent or instead of rents, such as interest, taxes, insurance, repairs, or any other items that are required to be paid by the terms of the lease or other arrangement, not including amounts paid as ser- vice charges, such as utilities or janitor services. If a pay- ment includes rent and other charges unsegregated, the amount of rent is determined by consideration of the rela- tive values of the rent and the other items. Example 1: A taxpayer, under to the terms of a lease, pays the lessor $12,000 a year rent plus taxes in the amount of $2,000 and interest on a mortgage in the amount of $1,000. The annual rent is $15,000. Example 2: A taxpayer stores part of its inventory in a public warehouse. The total charge for the year is $1,000 of which $700 is for the use of storage space and $300 for inventory insurance, handling and shipping charges, and C.O.D. collections. The annual rent is $700. D. “Annual rent” does not include: 1. Incidental day-to-day expenses, such as hotel or motel accommodations and daily rental of automobiles; and 2. Royalties based on extraction of natural resources, whether represented by delivery or purchase. For pur- poses of this subsection, a royalty includes any consider- ation conveyed or credited to a holder of an interest in property that constitutes a sharing of current or future production of natural resources from the property, irre- spective of the method of payment or how the consider- ation may be characterized, whether as a royalty, advance royalty, rental, or otherwise. E. For purposes of the property factor, leasehold improvements are treated as property owned by a taxpayer regardless of whether the taxpayer is entitled to remove the improvements or the improvements revert to the lessor upon expiration of the lease. The original cost of leasehold improvements are included in the property factor. 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).