(1) The following regulations are applicable to Article IV of the Multistate Tax Compact, 15-1-601, MCA, and to the Uniform Division of Income for Tax Purposes Act, 15-31-302 through 15-31-312, MCA.   The regulations were adopted by the Multistate Tax Commission on February 21, 1973. Statutory references in the regulations are to 15-31-302 through 15-31-312, MCA, but also apply to the corresponding subsections of Article IV of the Multistate Tax Compact, 15-1-601, MCA.

(2) These regulations are intended to set forth rules concerning the application of the apportionment and allocation provisions of Title 15, chapter 31, part 3, MCA, and Article IV of 15-1-601, MCA.   The apportionment rules set forth in these regulations are applicable to any taxpayer having business income, regardless of whether or not it has non-business income, and the allocation rules are applicable to any taxpayer having non-business income, regardless of whether or not it has business income.

(3) The only exceptions to these allocation and apportionment rules contained in these rules are set forth in ARM 42.26.261 through 42.26.263 pursuant to the authority of 15-31-312, MCA.   Special rules pertaining to certain industries are referenced in other sub-chapters of this chapter.

(4) These regulations are not intended to modify existing rules concerning jurisdictional standards.