Subcommittee On Income Taxation Of Energy Companies
Table Of Contents
Establishment And Purpose Of Corporate Tax Working Group's
Subcommittee On Income Taxation Of Energy Companies 2
Membership And Activities Of The
Subcommittee On Income Taxation Of Energy Companies 2
Issues Discussed With Industry Association Representatives 4
Independent System Operator [ISO] Presentation 7
States Jurisdiction To Tax 7
Apportionment Provisions 8
Draft Language For Model Receipts Apportionment Provision 10
Glossary Of Terms 12
State Representatives 15
Industry Association Representatives & Modeling Task Force 17
Independent System Operator [ISO] Representatives 19
Table Of Identifiers 20
Application Of Identifiers 21
Examples Of Application Of Receipts Apportionment 22
Establishment And Purpose Of Corporate Tax Working Group's
Subcommittee On Income Taxation Of Energy Companies
As the production and distribution of energy enters a deregulated environment, energy companies may begin establishing a taxable presence in multiple states. For some companies, the presence in multiple taxing jurisdictions may be their first involvement into multi-state taxation These companies may become subject to income taxation on their activities within multiple northeastern states.
Under state income tax principles, the companies' net income is generally divided among the states where a taxable presence exists. The division of income is accomplished by applying an apportionment formula to the entire net income of the company.
The standard apportionment factors utilized by most states in their corporate or business income tax statutes are those established under the Uniform Division of Income For Tax Purposes Act [UDITPA] and are geared toward the mercantile industry. Typically, state apportionment formulas are based on three factors, namely, sales [receipts], payroll and property. Many states have modified the standard language for various industries to reflect the variety of facts and circumstances often found in non-mercantile businesses.
Recognizing the uniqueness of the energy industry, the North Eastern States Tax Officials Association's [NESTOA] Corporate Tax Working Group recommended the formation of a subcommittee to the Commissioners and Directors of Revenue of the member states. The purpose of the subcommittee would be to develop a model uniform apportionment formula and, if possible, a nexus standard for use by the member states. The use of a uniform approach would minimize the potential for double taxation of income and simplify the administration of income taxation for the industry and the state taxing agencies.
The Commissioners and Directors of Revenue authorized the establishment of the subcommittee in September 1999.
Membership And Activities Of The
Subcommittee On Income Taxation Of Energy Companies
Each member state was invited to participate in the subcommittee's activities by appointing one or more members to the subcommittee. All but one member jurisdiction is represented on the subcommittee. The names and address of the representatives are included as an exhibit to this report [Exhibit 2]. Although not a member of the Subcommittee, Kenneth Beier of the Multistate Tax Commission, has participated in all of the meetings of the Subcommittee as an invited guest.
The initial meeting of the subcommittee was on January 6, 2000 in Providence, Rhode Island. Subsequent meetings have been held on:
February 3rd and 4th;
April 26th and 27th
June 26th and 27th; and
August 7th through 9th.
All of these meetings were held in the Providence area which is a central location for the members.
The group determined that a consensus would be required before adopting any position. The apportionment formula would be developed presuming that a company would have established a taxable presence within a member state.
The subcommittee also agreed that significant benefit would be attained by requesting the participation of industry association representatives [representatives] and independent system operators [ISO] at various times during the development process. Industry association representatives [Exhibit 3] attended the subcommittee meeting on June 26th to discuss the apportionment language outlined in a status report provided to the Commissioners and Directors of Revenue at their June 6, 2000 meeting in Boston, Massachusetts. The subcommittee provided an explanation of the proposed apportionment provision and sought comment from the representatives on the practical application of the provision.
The industry association representatives expressed their appreciation to the subcommittee for including the industry in the development process and for the reasonable approach taken by the subcommittee to arrive at a fair method of apportioning the income. A discussion on each of the apportionment formula components took place with most of the conversation addressing the sales/receipts factor. The discussions addressed the application of the factor to the following business types:
The subcommittee believed that the payroll and property components of the formula may not need modification.
The representatives made the subcommittee aware of the issues regarding the availability of information that may be required for the apportionment provisions. The representatives also believed that the use of practical examples would assist in explaining the application of the various requirements to the business types listed above. At the request of the subcommittee, the representatives formed the Modeling Task Force to develop some business models that would apply the sales/receipts apportionment criteria. On August 8th, a representative of that task force presented their interim report. The subcommittee expresses its appreciation to the members of the Modeling Task Force for the time and effort that was required beyond the June meeting. Information contained within that report was considered by the subcommittee in developing the examples or models contained within this document.
The subcommittee also requested participation from the various ISOs that operate within the northeastern states. Although the ISOs were not available for the June 26th meeting, they accepted our invitation and participated on August 8th. Of the 3 ISOs operating within the region, 2 sent employees [Exhibit 4] to the meeting to provide an overview of their activities. how energy flows through the grids and what business relationships exist between the ISOs and the energy companies and between the energy companies themselves. The information provided by the ISO representatives was very informative and assisted the subcommittee in understanding the complexities that exist within the energy industry.
The subcommittee is grateful to the industry association and ISO representatives for the information that they provided. The comments made by these individuals have assisted the subcommittee in analyzing the application of the apportionment requirements to various types of transactions encountered by the energy companies. Changes were made to the proposed language of the apportionment formula based on our understanding of the industry's business activities.
This Draft Status Report is being circulated to various energy companies operating within the NESTOA member states. The purpose of this effort is to seek comment from industry members regarding the practical application of the proposed apportionment provision. Written comments can be submitted to the subcommittee during the month of September, during the breakout session on October 4th at the NESTOA 2000 Conference in Waterville Valley, New Hampshire or by mail no later than October 13, 2000..
After receiving and discussing the various comments, the subcommittee will draft a report for submission to the Commissioners and Directors of Revenue during the first quarter of 2001. The subcommittee will recommend a model uniform regulation on the apportionment of net income for energy companies operating within the NESTOA member states.
Issues Discussed With Industry Association Representatives
The following comments are only a sample of the issues that were raised and discussed during the meeting with the representatives. The meeting consisted of an open discussion of numerous issues raised by the representatives as well as the subcommittee members. Both groups viewed the process as a constructive way to address an area of business activity that is currently undergoing revolutionary changes. The activities continue to evolve as more and more states de-regulate the electric industry. This effort, therefor, must only be a beginning and it must be subject to modification as the industry continues to evolve.
Separate Transmission Companies
How might apportionment for such companies be different?
Transmission charges vary in many ways such as point to point transfers, location to location etc.
Would miles of wire in a state be used in apportionment formulas?
Should capacity of wires or usage be a concern?
Billing Service Companies
Who has the information regarding the state where the electrical usage takes place?
What happens when electricity is billed to a headquarters and the electricity is metered to individual locations?
Allocation of receipts is based on meter location or if meter location cannot be determined, then the billing agent's address.
Independent System Operators And Interstate Pools
Pool members can not tell in which state power was used since each member supplies power based on a bid approval and has no knowledge of where the ultimate use is.
Can't specifically identify where the energy was used.
Not all power pools are ISO's and some are separate LLC corporations.
The ISO's must know the amounts of power going into the grid at various points and the amounts going out at various points.
What information would be needed to determine the location from the grid in terms of the ISO?
Would ISOs know points where power would enter or exit the grid?
Representatives were more comfortable with knowing the location to grid then the location from grid.
Easier to identify going into the grid as a seller.
If seller establishes their location to the grid would that be acceptable? Subcommittee believed that would be acceptable only if the location coming out of the grid is not known.
Electricity is not sold to an ISO but may be sold through it.
General Items Of Discussion
The further you go away from the wholesale level, the easier it is to identify the customer or consumer of electricity.
What is the distinction between billing address of consumer and the purchaser?
Would states include appliance repair programs within apportionment? Yes there could be a company that performs these functions, but they are excluded from special rules. Ancillary services such as metering, do not necessarily relate to the power itself.
Would the contracted amount or amount of actual usage be used in the apportionment factor? The actual amount received in payment would be used in the receipt factor.
What about a marketer having a contract containing a right to buy electricity for a specified dollar amount and then such marketer sells that right at a higher or lower dollar amount but never actually uses the electricity? Would such a receipt be included in the special rules or would conventional rules for receipts of intangibles cover it?
If you have a single entity conducting different types of business with different property and payroll for companies not in electric business, how do you apportion all of the property and payroll for that business? Is it segregated? Receipts are separated while the property and payroll are lumped together. Example: A business whose predominate activity is the manufacture and sale of widgets decides to become an electric retailer. The total employment and property within a state goes in the numerator and all employment and property go in the denominator. The business would only separate income into electricity and other receipts using the special provision for the receipts from electric sales and the state's regular receipts factor for all of the other receipts.
Independent System Operator [ISO] Presentation
The ISOs were established in part so as to "... remedy undue discrimination in transmission services in interstate commerce and provide an orderly and fair transition to competitive bulk power markets" [FERC Order 888]. Some of the independent system operators are responsible for the activities within a single state while others deal with operations in multiple states. For instance, a single ISO is responsible for the operations within the state of New York, while the states of New Jersey, Pennsylvania, Delaware and Maryland are included in another and the states of Maine, New Hampshire, Vermont, Massachusetts, Connecticut and Rhode Island are part of the ISO New England Inc. operation. The organizational structure of individual ISOs may differ from one another but there are similarities in their charge. Primarily they are charged with operating the bulk power system and ensuring fair and competitive markets within their regions.
According to representatives of ISO New England Inc., there are several business relationships that exist within the electric industry. Electricity generating companies may sell their services directly to the ultimate user, to a marketing company selling to ultimate users, to a marketing company for resale to other marketing companies and to a company that aggregates multiple users. Part of the ISO's responsibilities relate to the establishment of a clearing house for prices and serves as a settlement agent.
Sales are not made to the ISO but merely through it. Transactions may exist between a known buyer and seller such as bilateral contract sales or sales can occur on the spot market under the operation of an ISO in which case the buyer and seller may not be known to each other. It is the second method that creates more of a tax issue. Since the buyer and seller are usually not known to each other, it becomes difficult to source the receipts from such transactions to a particular state. Complexity is added to the issue in instances where the ISO's operations are in multiple states.
ISOs as the manager of the "grid" do maintain information with regard to where and when electricity needs to be introduced into the grid and where and when electricity will be removed from the grid. They would not necessarily know where the ultimate use would be or where the members energy exited the grid.
States Jurisdiction To Tax
The level of activity where a business enterprise providing electricity or electric services will become subject to a state's jurisdiction to tax [nexus] is not addressed within this status report. The subcommittee continues to discuss this matter at its meetings in hope of reaching a consensus for a uniform standard. The apportionment provisions discussed in the report would be applicable once nexus has been established under the current constitutional, statutory and regulatory provisions of the various member states.
Apportionment Provisions
The subcommittee discussed the taxation of energy companies primarily exploring the electricity industry and its component parts, namely companies involved in generation, service, wholesaling and retailing, transmission and distribution. The consensus of the group was that there needed to be modification of the sales or receipts factor but that the standard payroll and property factors could likely be used for all member states.
The modifications to the sales or receipts factor would likely vary based on the type of activities conducted by the energy company. The activities of a generating company would be significantly different from those of a distributing company. As a result, the subcommittee designed a sales factor that would incorporate the different activities and the type of reliable information that would be available to apportion the receipts from such activities.
The receipts rule was developed with the intent to source the receipts in a manner similar to the standard apportionment "destination" sales and by studying the various types of transactions and information that should be known by the business. Three types of transactions were identified, namely, unidentified power exchange through an independent system operator, retail and wholesale. The known information was identified as information which should be known by a taxpayer in regards to their activities.
For example, a retailer selling directly to a residential home end user would know the destination sale by the location of the meter. Or, a wholesaler selling to a retailer may know the location where energy was taken from the grid, but would not be expected to know the location of the residential end user meter.
The tables [Exhibits 5A & 5B] and examples [Exhibit 6] exemplify how the numerator of a sales or receipts factor could be determined. The applicable identifier represents the sequential priority to determine the state in whose numerator the receipts would be sourced.
The transactions and identifiers were prioritized by the known sale information so as to closely represent a destination sale. Basically, the use of the best known physical location followed by the financial or service location for the sale of energy. Transaction types were identified rather than industry types because a generator could also be a wholesaler, distributor, and/or retailer, and so forth.
The unidentified power exchange transaction would require the sales to be sourced to the states based on the ratio of each state's energy consumption to the energy consumption in megawatt hours of all states within the particular ISO. The ultimate consumer and destination is unknown to the generator. The receipts would be sourced to all states in the multi-state independent system operator's region, except sales to a state where the seller is not subject to the jurisdiction to impose an income tax. These sales would be eliminated from both the receipts fraction numerator and denominator.
The retail sale transaction would require the sales to be sourced to the states based on the location of the ultimate consumer's meter head. If this is unknown then the sales would be sourced based on the ultimate consumer's billing address.
The wholesale transaction would require the sales to be sourced to the states based on the location where the energy sold exits the destination grid or distribution system. If this exiting location is unknown, then the location where the energy sold was introduced into the destination grid or distribution system. If either of these destination grid or distribution system locations is unknown, then the location where the energy sold was introduced into any grid or distribution system.
The retail and wholesale transactions may require a throwback of sales to the seller's commercial domicile. This throwback provision would only be applicable in instances where a state's apportionment statutes authorize the adoption of such a provision.
Draft Language For Model Receipts Apportionment Provision
The subcommittee is proposing the following language for adoption by the NESTOA member states in the sales or receipts component of their apportionment factor:
Receipts From The Sale of Energy
B) Receipts for charges:
C) Receipts from the retail sale of energy and related services:
D) Receipts from the wholesale sale of energy and related services:
E) The receipts from the sale of energy and related services:
will be includible in the receipts fraction numerator of [insert state name] if the taxpayer's commercial domicile or the principal place from which the business of the taxpayer is directed or managed is in [insert state name].
F) Not withstanding any other provision, receipts from the sales of energy made through the services of a multi-state independent system operator (iso) or like entity:
Exhibit 1
Subcommittee On Income Taxation Of Energy Companies
Glossary Of Terms
Capacity The amount of electric power delivered or required for which a generator, turbine, transformer, transmission circuit, station, or system is rated by the manufacturer.
Capacity Charge An element in a two part pricing method used in capacity transactions (energy charge is the other element). The capacity charge, sometimes called Demand Charge, is assessed on the amount of capacity being purchased.
Destination Grid The grid which is closest to the point of ultimate consumption.
Destination Sales Receipts which are sourced to a state in which the sale, such as tangible property, was delivered or shipped to a purchaser in such state.
Distribution System The portion of an electric system that is dedicated to delivering electric energy to an end user.
Energy Electricity or natural gas and related services.
Energy Charge The portion of the charge for electric service based upon the electric energy (kilowatt hours) consumed or billed.
Energy Consumption The amount of energy used for generation, residential, commercial, industrial or other end consumer purposes.
Generator An entity who's primary business is producing electric energy by transforming other forms of energy. The produced energy could then be sold to either a wholesaler, an end user or through an unidentified power exchange transaction.
Grid An term used to describe the interconnected statewide transmission system facilitated by an Independent System Operator or like entity.
Exhibit 1CONT
Subcommittee On Income Taxation Of Energy Companies
Glossary Of Terms
Independent System
Operator (ISO) An organization, usually set up as a not-for-profit, that operates a control center to provide independent, open and fair access to the region's transmission system; to establish a non-discriminatory governance structure; to facilitate market based wholesale electric rates; and to ensure for the efficient management and reliable operation of the bulk power system.
Receipts from the
Sale of Energy Includes but is not limited to the distribution and generation of energy and the associated transmission, customer, conservation, capacity and governmental charges.
Related Service
Provider Any entity that provides support services that are incidental to the provision of electricity to an end user. These services include but are not limited to delivery charges, meter reading, billing costs and equipment, that may or may not be charged on a kilowatt basis.
Reseller An entity who's majority of receipts are from sales for resale.
Retailer An entity who's majority of receipts are from retail sales of energy.
Retail Sales of
Energy Sales covering electrical energy supplied for residential, commercial, and industrial end-use purposes. Other small classification of sales, such as agricultural and street lighting are also included in this category.
Sales for Resale Energy supplied to other electric utilities, cooperatives, municipalities, and Federal and State electric agencies for resale to ultimate consumers, resellers and wholesalers.
Exhibit 1CONT
Subcommittee On Income Taxation Of Energy Companies
Glossary Of Terms
Throwback Rule An term used to describe the type of legislation that allows a state to allocate receipts that were apportioned to another state where a company has no tax requirements in that state, back to the state.
Throwout Rule An term used to describe the elimination of receipts from both the numerator and denominator of the receipts fraction if the receipts represented apportioned amounts to a state in which the company has no tax requirements.
Transportation
Services An interconnected group of electric transmission lines and associated equipment for moving or transferring electric energy in bulk between points of supply and points at which it is transformed for delivery over the distribution system lines to consumers or is delivered to other electric systems.
Unidentified Power
Exchange A sale of energy through the ISO or other like entity where the seller of the energy does not have any information on who the purchaser was nor the location where the energy will be consumed.
Wholesaler An entity who's majority of receipts are from wholesale sales of energy.
Wholesale Sales
Of Energy Energy supplied to other electric utilities, cooperatives, municipals, and Federal and State electric agencies for resale to ultimate consumers or other sales to resellers or wholesalers.
Exhibit 2
Subcommittee On Income Taxation Of Energy Companies
State Representatives
STATE NAME & MAILING ADDRESS
Connecticut George Boyajian
CT Dept of Revenue Services
25 Sigourney St
Hartford CT 06106
Delaware Ronald Kaminski
Delaware Division of Revenue
820 N French St
Wilmington DE 19801
Maine John Lewandowski
Maine Revenue Services
312 Canco Rd
Portland ME 04103
Maryland Mary Evans
Comptroller of the Treasury
Room 308
301 W Preston St
Baltimore MD 21201
Massachusetts Brian Hartnett
Department of Revenue
218 So Main St
Fall River MA 02721
Pamela Swart
Department of Revenue
51 Sleeper St
Boston MA
New Hampshire Maurice P. Gilbert [Subcommittee Chair]
Robert Anderson &
Kathleen Sher
Dept Of Revenue Administration
PO Box 457
Concord, NH 03302
Exhibit 2 Cont.
Subcommittee On Income Taxation Of Energy Companies
STATE NAME & MAILING ADDRESS
New Jersey Lee J Evans &
Geoffrey Marsh
NJ Division of Taxation
50 Barracks St
Trenton NJ 08695
New York - City Joji L Ampil
NYC Department of Finance
Room 506
1 Centre St
New York NY 10007
New York - State Ronald Ginsberg
Joseph Catalina [Subcommittee Vice-Chair]
Dawn D'Arcangelo &
Francine Amell
NY State Dept of Taxation
WA Harriman Campus - Bldg 9
Albany NY 12227
Pennsylvania-State Greg Skotnicki
PA Dept of Revenue
11 Strawberry Sq 6th Fl
Harrisburg PA 17128
Pennsylvania-City Of Philadelphia Joseph Kots &
T. Afessa
Room 480 Municipal Services Bldg
1401 JFK Boulevard
Philadelphia PA 19102
Rhode Island Edward Flanagan, Jr
RI Div. of Taxation
One Capitol Hill Ste 9
Providence RI 02908
Vermont George Phillips
VT Dept of Taxes
PO Box 429 Montpelier VT 05602
Exhibit 3
Subcommittee On Income Taxation Of Energy Companies
Industry Association Representatives & Modeling Task Force
ORGANIZATION NAME & MAILING ADDRESS
Agway Energy Products Michael F. Meath [Modeling Task Force]
Agway Energy Products
P O Box 4852
Syracuse, NY 13221
Deloitte & Touche LLP Russell W. Banigan [Modeling Task Force]
Deloitte & Touche LLP
Two World Financial Center
New York, NY 10281
Energy Tax Association Michael Gee
Energy Tax Association
Speare Tower Suite 40
One Market St
San Francisco, CA 94105
National Grid USA Carl Fisette
National Grid USA
25 Research Dr
Westborough, MA 01582
NH Public Utilities Commission Mark Naylor
NH Public Utilities Commission
8 Old Suncook Rd
Concord, NH 03301
NY Department of Public Service John Prylo
NY Department of Public Service
3 Empire State Plaza
Albany, NY 12223
NRG Energy Inc Karla Hollinshead
NRG Energy Inc
1221 Nicollet Mall Suite 700
Minneapolis, MN 55403
Exhibit 3 CONT
Subcommittee On Income Taxation Of Energy Companies
Industry Association Representatives & Modeling Task Force
ORGANIZATION NAME & MAILING ADDRESS
Pennsylvania Electric Association Bryan H. Hanks
Pennsylvania Electric Association
800 Cabin Hill Dr
Greensburg, PA 15601
Pennsylvania Electric Association Richard Flati [Modeling Task Force]
Suite 301
800 N Third St
Harrisburg, PA 17102
Exhibit 4
Subcommittee On Income Taxation Of Energy Companies
Independent System Operator [ISO] Representatives
ORGANIZATION NAME & MAILING ADDRESS
ISO NEW ENGLAND INC. James B Sinclair &
Craig A Kazin
ISO New England, Inc.
1 Sullivan Rd
Holyoke, MA 01040
ISO NEW YORK Michael Mackles
ISO New York
3890 Carman Rd
Schenectady, NY 12303
Exhibit 5a
Subcommittee On Income Taxation Of Energy Companies
Table Of Identifiers
| Type of Transaction | Applicable Identifier | Description of Identifier |
| Unidentified Power Exchange | Apportioned by State Consumption | Sales made through a multi-state independent system operator (iso) where the purchaser and the state of the ultimate destination of the energy are unknown would be included in the receipts fraction numerator based on the ratio of "state" energy consumption divided by the iso region's total energy consumption for the most recent appropriate accounting period available. |
| Retail | Ultimate Use | Location of ultimate use - if known |
| Consumer Billing Address | Billing address of the consumer | |
| Wholesale | Location from Grid | Location or intended location where energy will be removed from the destination grid |
| Location to
Grid |
Location or intended location where energy will be introduced to the destination grid | |
| Location to any Grid | Location or intended location where energy will be introduced to any grid | |
| Purchaser Billing Address | Billing address of the purchaser | |
| Retail and Wholesale | Throwback (1) | Throwback to sellers commercial domicile |
NOTE
(1) The throwback provision would only be applicable in instances where a state's apportionment statutes authorize the adoption of such a provision.
Exhibit 5b
Subcommittee On Income Taxation Of Energy Companies
Application Of Identifiers
| Type of Transaction | Type of Business | |||||
| Identifier | Generator | Related Service Provider | Wholesaler or Reseller | Transmission or Distribution Company | Retailer | |
| Unidentified Power Exchange | Apportioned by State Consumption | App. | N/A | App. | N/A | App. |
| Retail | Ultimate Use | App. | App. | N/A | App. | App. |
| Consumer Billing Address | App. | App. | N/A | App. | App. | |
| Wholesale | Location from Grid | App. | N/A | App. | App. | N/A |
| Location to Grid | App. | N/A | App. | N/A | N/A | |
| Location to any Grid | App. | N/A | App. | N/A | N/A | |
| Purchaser Billing Address | App. | N/A | App. | N/A | N/A | |
| Retail and Wholesale | Throwback | App. | App. | App. | N/A. | App. |
NOTES:
App. means that the identifier applies to the type of transaction for that type of business
N/A means that the identifier does not apply to the type of transaction for that type of business
Exhibit 6
Subcommittee On Income Taxation Of Energy Companies
Examples Of Application Of Receipts Apportionment
In order to facilitate the understanding of the apportionment provisions, these examples were developed to mimic application in the industry based upon our understanding of how it operates today. You will note that the examples below are formatted for Generators only since it is the Subcommittee's belief that Generators can accomplish retail sales, wholesale sales and unidentified power exchange transactions. These examples were set up to work down the chart in Exhibit 4B under the Generator column and explain how the sales would fit our apportionment rules for each type of transaction. (Please note: Where not specifically stated, it is assumed that the specific companies discussed are subject to the taxing jurisdiction in all referenced states.)
Unidentified Power Exchange Transactions:
1998 Consumption in Megawatt hours from US Energy Information Administration
Maine - 11,598,695
New Hampshire - 9,253,715
Massachusetts - 48,607,144
Vermont - 5,363,258
Rhode Island - 6,868,343
Connecticut - 28,956,144
Total for Region - 110,647,299
Apportioned receipts for this sale
Maine - $ 10,483 or [(11,598,695/110,647,299)* 100,000]
New Hampshire - $ 8,363 or [( 9,253,715/110,647,299)* 100,000]
Massachusetts - $ 43,930 or [(48,607,144/110,647,299)* 100,000]
Vermont - $ 4,847 or [( 5,363,258/110,647,299)* 100,000]
Rhode Island - $ 6,207 or [( 6,868,343/110,647,299)* 100,000]
Connecticut - $ 26,170 or [(28,956,144/110,647,299)* 100,000]
Total $100,000
Exhibit 6CONT
Subcommittee On Income Taxation Of Energy Companies
Examples Of Application Of Receipts Apportionment
Apportioned receipts for this sale
Maine - $ 0 [excluded from the receipts factor numerator]
New Hampshire - $ 8,363 or [( 9,253,715/110,647,299)* 100,000]
Massachusetts - $ 43,930 or [(48,607,144/110,647,299)* 100,000]
Vermont - $ 4,847 or [( 5,363,258/110,647,299)* 100,000]
Rhode Island - $ 6,207 or [( 6,868,343/110,647,299)* 100,000]
Connecticut - $ 26,170 or [(28,956,144/110,647,299)* 100,000]
Total $ 89,517 or [$100,000 - $10,483 Maine receipts excluded from the receipts factor denominator]
Retail Transactions:
Wholesale Transactions:
Exhibit 6CONT
Subcommittee On Income Taxation Of Energy Companies
Examples Of Application Of Receipts Apportionment
Retail and Wholesale Transactions:
A Generator domiciled in New Hampshire sells electricity to a wholesaler headquartered in N.Y. The wholesaler requests that the electricity be supplied to the NY ISO Grid where the wholesaler will arrange for transportation to the end consumer at an unknown location. The Generator is not subject to the jurisdiction to impose an income tax in the State of New York. In this instance, since New Hampshire statute authorizes the adoption of a throwback provision. The receipts from the transaction would be allocated to New Hampshire.