Ala. Admin. Code r. 810-27-1-.18.02
The following special rules are established in respect to the apportionment of income of long-term construction contractors:
(4) Apportionment of Business Income.
(a) In General. Business income is apportioned to Alabama in accordance with the calculation provided in §40-27-1, Code of Ala. 1975, and Rule 810-27-1-.09, regardless of the method of accounting for long-term contracts elected by the taxpayer. The apportionment percentage is then applied to business income to determine the amount apportioned to Alabama.
2. The industry specific definitions and guidance provided in this rule for property and payroll are applicable for tax periods beginning on or after January 1, 2021, when:
(b) Percentage of Completion Method. Under this method of accounting for long-term contracts, the amount to be included each year as business income from each contract is the amount by which the gross contract price which corresponds to the percentage of the entire contract which has been completed during the income year exceeds all expenditures made during the income year in connection with the contract. In so doing, account must be taken of the material and supplies on hand at the beginning and end of the income year for use in each such contract.
1. Example: A taxpayer using the percentage of completion method of accounting for long-term contracts, entered into a long-term contract to build a structure for $9,000,000. The contract allowed three years for completion and, as of the end of the second income year, the taxpayer's books of account, kept on the accrual method, disclosed the following:
| Receipts | Expenditures | |
| End of 1st income year | $2,500,000 | $2,400,000 |
| End of 2nd income year | 4,500,000 | 4,100,000 |
| Totals | $7,000,000 | $6,500,000 |
(d) Property Factor. For tax years prior to January 1, 2021 or if the taxpayer is granted approval from the Department to employ an alternative apportionment method that includes the use of the property factor, the numerator and denominator of the property factor shall be determined as set forth in rules 810-27-1-.10, 810-27-1-.11 and 810-27-1-.12. However, the following special rules are also applicable:
1. The average value of the taxpayer's cost (including materials and labor) of construction in progress, to the extent that such costs exceed progress billings (accrued or received, depending on whether the taxpayer is on the accrual or cash basis for keeping its accounts) shall be included in the denominator of the property factor. The value of any such construction costs attributable to construction projects in Alabama shall be included in the numerator of the property factor.
(i) Example: Taxpayer commenced a long-term construction project in Alabama as of the beginning of a given year. By the end of its second year, its equity in the costs of production to be reflected in the numerator and denominator of its property factor for such year is computed as follows:
| 1st Year | 2nd Year | |||
| Beginning | Ending | Beginning | Ending | |
| Construction Costs | 0 | $1,000,000 | ||
| Progress billings | $ 600,000 | |||
| Balance 12/31-(1/1) | $ 400,000 | $400,000 | ||
| Construction Costs - | ||||
| Total from beg. of project | $5,000,000 | |||
| Progress billings - Total from beg. of project | $4,000,000 | |||
| Balance 12/31 | $1,000,000 | |||
| Balance beg. of year | $ 400,000 | |||
| Total | $1,400,000 | |||
| Ave (1/2) - Value used In property factor | $ 700,000 |
Note: It may be necessary to use monthly averages if yearly averages do not properly reflect the average value of the taxpayer's equity; see Section 40-27-1, Article IV.12, Code of Ala. 1975, and Alabama Rule 810-27-1-.12.
(e) Payroll Factor. For tax years prior to January 1, 2021, or if the taxpayer is granted approval from the department to employ an alternative apportionment method that includes the use of the payroll factor, the numerator and denominator of the payroll factor shall be determined as set forth in Rules 810-27-1-.13 and 810-27-1-.14. However, the following special rules are also applicable:
2. Compensation paid employees who in the aggregate perform most of their services in a state to which their employer does not report them for unemployment tax purposes, shall nevertheless be attributed to the state in which the services are performed.
Example: A taxpayer engaged in a long-term contract in Alabama sends several key employees to Alabama to supervise the project. The taxpayer, for unemployment tax purposes, reports these employees to the state where the main office is maintained and where the employees reside. For payroll factor purposes and in accordance with Section 40-27-1, Code of Ala. 1975, and Alabama Rule 810-27-1-.14, the compensation is assigned to the numerator of Alabama.
(f) Sales Factor. In general, the numerator and denominator of the sales factor shall be determined as set forth in §40-27-1, Code of Ala. 1975, and the rules promulgated thereunder, inclusive. However, the following special rules are also applicable:
1. Gross receipts derived from the performance of a contract are attributable to Alabama if the construction project is located in Alabama. If the construction project is located partly within and partly without Alabama, the gross receipts attributable to Alabama are based upon the ratio which construction costs for the project in Alabama incurred during the income year bear to the total of construction costs for the entire project during the income year, or upon any other method, such as engineering cost estimates, which will provide a reasonable apportionment.
(i) Example: A construction project was undertaken in Alabama by a calendar year taxpayer which had elected one of the long-term contract methods of accounting. The following gross receipts (progress billings) were derived from the contract during the three income years that the contract was in progress.
| [if gte vml 1]><v:group id="Group_x0020_99507" o:spid="_x0000_s1030" style='position:absolute;margin-left:0;margin-top:10.1pt;width:57.6pt; height:.5pt;z-index:-251526144;mso-position-horizontal-relative:text; mso-position-vertical-relative:text' coordsize="7315,60"> <v:shape id="Shape_x0020_118930" o:spid="_x0000_s1031" style='position:absolute; width:7315;height:91;visibility:visible;mso-wrap-style:square; v-text-anchor:top' coordsize="731520,9144" path="m,l731520,r,9144l,9144,,e" fillcolor="black" stroked="f" strokeweight="0"> <v:stroke miterlimit="83231f" joinstyle="miter"/> <v:path arrowok="t" textboxrect="0,0,731520,9144"/> </v:shape></v:group><![endif]1st Year | [if gte vml 1]><v:group id="Group_x0020_99517" o:spid="_x0000_s1028" style='position:absolute;margin-left:0;margin-top:10.1pt;width:57.6pt; height:.5pt;z-index:-251525120;mso-position-horizontal-relative:text; mso-position-vertical-relative:text' coordsize="7315,60"> <v:shape id="Shape_x0020_118932" o:spid="_x0000_s1029" style='position:absolute; width:7315;height:91;visibility:visible;mso-wrap-style:square; v-text-anchor:top' coordsize="731520,9144" path="m,l731520,r,9144l,9144,,e" fillcolor="black" stroked="f" strokeweight="0"> <v:stroke miterlimit="83231f" joinstyle="miter"/> <v:path arrowok="t" textboxrect="0,0,731520,9144"/> </v:shape></v:group><![endif]2nd Year | [if gte vml 1]><v:group id="Group_x0020_99527" o:spid="_x0000_s1026" style='position:absolute; left:0;text-align:left;margin-left:0;margin-top:10.1pt;width:57.6pt; height:.5pt;z-index:-251524096;mso-position-horizontal-relative:text; mso-position-vertical-relative:text' coordsize="7315,60"> <v:shape id="Shape_x0020_118934" o:spid="_x0000_s1027" style='position:absolute; width:7315;height:91;visibility:visible;mso-wrap-style:square; v-text-anchor:top' coordsize="731520,9144" path="m,l731520,r,9144l,9144,,e" fillcolor="black" stroked="f" strokeweight="0"> <v:stroke miterlimit="83231f" joinstyle="miter"/> <v:path arrowok="t" textboxrect="0,0,731520,9144"/> </v:shape></v:group><![endif]3rd Year | |
| Gross receipts | $1,000,000 | $4,000,000 | $3,000,000 |
The gross receipts to be reflected in both the numerator and denominator of the sales factor for each of the three years are the amounts shown.
2. If the percentage of completion method is used, the sales factor includes only that portion of the gross contract price which corresponds to the percentage of the entire contract which was completed during the income year.
Example: A taxpayer which had elected the percentage of completion method of accounting entered into a long-term construction contract. At the end of its current income year (the second since starting the project), it estimated that the project was 30% completed. The bid price for the project was $9,000,000 and it had received $2,500,000 from progress billings as of the end of its current income year. The amount of gross receipts to be included in the sales factor for the current income year is $2,700,000 (30% of $9,000,000), regardless of whether the taxpayer uses the accrual method or the cash method of accounting for receipts and disbursements.
3. If the completed contract method of accounting is used, the sales factor includes the portion of the gross receipts (progress billings) received or accrued, whichever is applicable, during the income year attributable to each contract.
(b) The income (or loss) determined at subparagraph (a) above is apportioned to Alabama by the following method:
3. The percentages determined at subparagraph 2. for each year during which the contract was in progress are totaled. The amount of total income (or loss) from the contract determined at subparagraph (5)(a) of this rule is multiplied by the total percentage. The resulting income (or loss) is the amount of business income from such contract derived from sources within Alabama.
(i) Example: A taxpayer using the completed contract method of accounting for long-term contracts is engaged in three long-term contracts; Contract L in this state, Contract M in state X and Contract N in state Y. In addition, it has other business income (less expenses) during the income year 1972 from interest, rents and short-term contracts amounting to $500,000, and nonbusiness income allocable to this state of $8,000. During 1972, it completed Contract M in state X at a profit of $900,000. Contracts L and N in this state and state Y, respectively, were not completed during the income year. The apportionment percentages of the taxpayer as determined in subparagraph (4)(g) of this rule and the percentages of contract costs as determined in subparagraph (5)(b) above for each year during which Contract M in state X was in progress are as follows:
| 1970 | 1971 | 1972 | |
| Apportionment % | 30% | 20% | 40% |
| % of Construction Costs of Contract M each year to total construction | 20% | 50% | 30% |
The corporation's net income subject to tax in this state for 1972 is computed as follows:
| Business Income | [if gte vml 1]><v:group id="Group_x0020_105039" o:spid="_x0000_s1028" style='position:absolute; left:0;text-align:left;margin-left:12pt;margin-top:8.4pt;width:48pt; height:.35pt;z-index:-251520000;mso-position-horizontal-relative:text; mso-position-vertical-relative:text' coordsize="6096,45"> <v:shape id="Shape_x0020_118942" o:spid="_x0000_s1029" style='position:absolute; width:6096;height:91;visibility:visible;mso-wrap-style:square; v-text-anchor:top' coordsize="609613,9144" path="m,l609613,r,9144l,9144,,e" fillcolor="black" stroked="f" strokeweight="0"> <v:stroke miterlimit="83231f" joinstyle="miter"/> <v:path arrowok="t" textboxrect="0,0,609613,9144"/> </v:shape></v:group><![endif] $500,000 |
| Apportion 40% to this state | $200,000 |
| Add: Income from Contract M* | $252,000 |
| Total business income derived from sources within this state | 452,000 |
| Add: Nonbusiness income allocated to this state | [if gte vml 1]><v:group id="Group_x0020_105237" o:spid="_x0000_s1026" style='position:absolute; left:0;text-align:left;margin-left:12pt;margin-top:8.4pt;width:48pt; height:.35pt;z-index:-251518976;mso-position-horizontal-relative:text; mso-position-vertical-relative:text' coordsize="6096,45"> <v:shape id="Shape_x0020_118944" o:spid="_x0000_s1027" style='position:absolute; width:6096;height:91;visibility:visible;mso-wrap-style:square; v-text-anchor:top' coordsize="609613,9144" path="m,l609613,r,9144l,9144,,e" fillcolor="black" stroked="f" strokeweight="0"> <v:stroke miterlimit="83231f" joinstyle="miter"/> <v:path arrowok="t" textboxrect="0,0,609613,9144"/> </v:shape></v:group><![endif] 8,000 |
| Net income subject to tax in this state | $460,000 |
*Income from Contract M apportioned to this state:
| 1970 | 1971 | 1972 | Total | |
| Apportionment % | 30% | 20% | 40% | |
| % of Construction Costs | 30% | 50% | 30% | 100% |
| Product | 6% | 10% | 12% | 28% |
28% of $900,000 = $252,000
(ii) Example: Same facts as the example in subparagraph (i) above except that Contract L was started in 1972 in this state, the first year in which the taxpayer was subject to tax in this state. Contract L in this state and Contract N in state Y are incomplete in 1972.
The corporation's net income subject to tax in this state for 1972 is computed as follows:
| Business Income | [if gte vml 1]><v:group id="Group_x0020_105464" o:spid="_x0000_s1028" style='position:absolute; left:0;text-align:left;margin-left:0;margin-top:8.4pt;width:48pt;height:.35pt; z-index:-251514880;mso-position-horizontal-relative:text; mso-position-vertical-relative:text' coordsize="6096,45"> <v:shape id="Shape_x0020_118970" o:spid="_x0000_s1029" style='position:absolute; width:6096;height:91;visibility:visible;mso-wrap-style:square; v-text-anchor:top' coordsize="609600,9144" path="m,l609600,r,9144l,9144,,e" fillcolor="black" stroked="f" strokeweight="0"> <v:stroke miterlimit="83231f" joinstyle="miter"/> <v:path arrowok="t" textboxrect="0,0,609600,9144"/> </v:shape></v:group><![endif]$500,000 |
| Apportion 40% to this state | $200,000 |
| Add: Income from Contract M* | 108,000 |
| Total business income derived from sources within this state | $308,000 |
| Add: Nonbusiness income allocated to this state | [if gte vml 1]><v:group id="Group_x0020_105745" o:spid="_x0000_s1026" style='position:absolute; left:0;text-align:left;margin-left:0;margin-top:8.4pt;width:48pt;height:.35pt; z-index:-251513856;mso-position-horizontal-relative:text; mso-position-vertical-relative:text' coordsize="6096,45"> <v:shape id="Shape_x0020_118972" o:spid="_x0000_s1027" style='position:absolute; width:6096;height:91;visibility:visible;mso-wrap-style:square; v-text-anchor:top' coordsize="609600,9144" path="m,l609600,r,9144l,9144,,e" fillcolor="black" stroked="f" strokeweight="0"> <v:stroke miterlimit="83231f" joinstyle="miter"/> <v:path arrowok="t" textboxrect="0,0,609600,9144"/> </v:shape></v:group><![endif] 8,000 |
| Net income subject to tax | $316,000 |
*Income from Contract M apportioned to this state
| 1970 | 1971 | 1972 | Total | |
| Apportionment % | 0 | 0 | 40% | |
| % of Construction Costs | 20% | 50% | 30% | 100% |
| Product | 0 | 0 | 12% | 12% |
12% of $900,000 = $108,000
Note: Only 12% is used to determine the income derived from sources within this state since the corporation was not subject to tax in this state prior to 1972.
(iii) Example 3: Same facts as in example 1 except that the figures relate to Contract L in this state and 1972 is the first year the corporation was taxable in another state (See §40-27-1, and .3, Code of Ala. 1975, and rules promulgated thereunder. Contracts M and N in states X and Y were started in 1972 and are incomplete).
The corporation's net income subject to tax in this state for 1972 is computed as follows:
| Business Income | [if gte vml 1]><v:group id="Group_x0020_105464" o:spid="_x0000_s1028" style='position:absolute; left:0;text-align:left;margin-left:0;margin-top:8.4pt;width:48pt;height:.35pt; z-index:-251514880;mso-position-horizontal-relative:text; mso-position-vertical-relative:text' coordsize="6096,45"> <v:shape id="Shape_x0020_118970" o:spid="_x0000_s1029" style='position:absolute; width:6096;height:91;visibility:visible;mso-wrap-style:square; v-text-anchor:top' coordsize="609600,9144" path="m,l609600,r,9144l,9144,,e" fillcolor="black" stroked="f" strokeweight="0"> <v:stroke miterlimit="83231f" joinstyle="miter"/> <v:path arrowok="t" textboxrect="0,0,609600,9144"/> </v:shape></v:group><![endif]$500,000 |
| Apportion 40% to this state | $200,000 |
| Add: Income from Contract M* | 738,000 |
| Total business income derived from sources within this state | $938,000 |
| Add: Nonbusiness income allocated to this state | [if gte vml 1]><v:group id="Group_x0020_105745" o:spid="_x0000_s1026" style='position:absolute; left:0;text-align:left;margin-left:0;margin-top:8.4pt;width:48pt;height:.35pt; z-index:-251513856;mso-position-horizontal-relative:text; mso-position-vertical-relative:text' coordsize="6096,45"> <v:shape id="Shape_x0020_118972" o:spid="_x0000_s1027" style='position:absolute; width:6096;height:91;visibility:visible;mso-wrap-style:square; v-text-anchor:top' coordsize="609600,9144" path="m,l609600,r,9144l,9144,,e" fillcolor="black" stroked="f" strokeweight="0"> <v:stroke miterlimit="83231f" joinstyle="miter"/> <v:path arrowok="t" textboxrect="0,0,609600,9144"/> </v:shape></v:group><![endif] 8,000 |
| Net income subject to tax | $946,000 |
*Income from Contract L apportioned to this state
| 1970 | 1971 | 1972 | Total | |
| Apportionment % | 100% | 100% | 40% | |
| % of Construction Costs | 20% | 50% | 30% | 100% |
| Product | 20% | 50% | 12% | 82% |
82% of $900,000 = $738,000
(6) Computation for Year of Withdrawal, Dissolution or Cessation of Business - Completed Contract Method. Use of the completed contract method of accounting for long-term contracts requires that income derived from sources within Alabama from incomplete contracts in progress outside Alabama on the date of withdrawal, dissolution or cessation of business in Alabama be included in the measure of tax for the taxable year during which the corporation withdraws, dissolves or ceases doing business in Alabama. The amount of income (or loss) from each such contract to be apportioned to Alabama by the apportionment method set forth in subparagraph (5)(b) of this rule shall be determined as if the percentage of completion method of accounting were used for all such contracts on the date of withdrawal, dissolution or cessation of business. The amount of business income (or loss) for each such contract shall be the amount by which the gross contract price from each such contract which corresponds to the percentage of the entire contract which has been completed from the commencement thereof to the date of withdrawal, dissolution or cessation of business exceeds all expenditures made during such period in connection with each such contract. In so doing, account must be taken of the material and supplies on hand at the beginning and end of the income year for use in each such contract.
Example: A construction contractor qualified to do business in this state had elected the completed contract method of accounting for long-term contracts. It was engaged in two long-term contracts. Contract L in this state was started in 1971 and completed at a profit of $900,000 on 12/16/73. The taxpayer withdrew on 12/31/73. Contract M in state X was started in 1972 and was incomplete on 12/31/73. The apportionment percentages of the taxpayer, as determined at Paragraph (4) of this rule, and percentages of construction costs, as determined in subparagraph (5)(b) of this rule, for each year during which Contract M in state X was in progress are as follows:
| 1970 | 1971 | 1972 | Total | |
| Apportionment % | 100% | 100% | 40% | |
| % of Construction Costs | ||||
| Contract L, this state | 20% | 50% | 30% | 100% |
| Contract M, state X | 0 | 10% | 25% | 35% |
The corporation had other business income (net of expenses) of $500,000 during 1972 and $300,000 during 1973. The gross contract price of Contract M (state X) was $1,000,000, and it was estimated to be 35% completed on 12/31/73. Total expenditures to date for Contract M (state X) were $300,000 for the period ended 12/31/73.
The measure of tax for the taxable year ended 12/31/73 is computed as follows:
| Taxable Year 1973 | ||
| Income Year 1972 | Income Year 1973 | |
| Business Income | $500,000 | $300,000 |
| Apportionment % to this state | 20% | 40% |
| Add: Income from contracts: | $100,000 | |
| L* (this state) | $252,000 | |
| M**(state X) | ______ | 6,000 |
| Total business income derived from sources within this state | $100,000 | $378,000 |
*Income from Contract L apportioned to this state:
| 1971 | 1972 | 1973 | Total | |
| Apportionment % | 30% | 20% | 40% | |
| % of Construction Costs | 20% | 50% | 30% | 100% |
| Product | 6% | 10% | 12% | 28% |
**Income from Contract M apportioned to this state:
| 1971 | 1972 | 1973 | Total | |
| Apportionment % | 0 | 20% | 40% | |
| % of Construction Costs | 0 | 10% | 25% | 35% |
| Product | 0 | 2% | 10% | 12% |
*** Computation of apportionable income from Contract M based on
percentage of completion method:
| Total Contract Price | [if gte vml 1]><v:group id="Group_x0020_105464" o:spid="_x0000_s1028" style='position:absolute; left:0;text-align:left;margin-left:0;margin-top:8.4pt;width:48pt;height:.35pt; z-index:-251514880;mso-position-horizontal-relative:text; mso-position-vertical-relative:text' coordsize="6096,45"> <v:shape id="Shape_x0020_118970" o:spid="_x0000_s1029" style='position:absolute; width:6096;height:91;visibility:visible;mso-wrap-style:square; v-text-anchor:top' coordsize="609600,9144" path="m,l609600,r,9144l,9144,,e" fillcolor="black" stroked="f" strokeweight="0"> <v:stroke miterlimit="83231f" joinstyle="miter"/> <v:path arrowok="t" textboxrect="0,0,609600,9144"/> </v:shape></v:group><![endif]$1,000,000 |
| Estimated to be 35% | $350,000 |
| Less: total expenditures to date | 300,000 |
| Apportionable income | $50,000 |
Author: Kathleen Abrams, Holly H. Coon, Christina Hall, CPA, Jennifer Reynolds
Statutory Authority: Code of Ala. 1975, §§40-2A-7(a)(5), 40-18-57; Rules 810-27-1-.09 through 810-27-1-.14.
History: New Rule: Filed October 6, 2016; effective November 20, 2016. Amended: Published March 31, 2022; effective May 15, 2022.