(1) Rental income from real and tangible
property is business income if the property with respect to which the rental
income was received is used in the taxpayer's trade or business or incidental
thereto and therefore is includable in the property factor under ARM 42.26.231
and 42.26.237.
(2) Gain or loss from the sale, exchange, or
other dispositions of real or tangible personal property constitutes business
income if the property while owned by the taxpayer was used in the taxpayer's
trade or business. However, if such
property was utilized for the production of non-business income or otherwise
was removed from the property factor before its sale, exchange, or other
disposition, the gain or loss will constitute non-business income. See ARM 42.26.232.
(3) Interest income is business income where the
intangible with respect to which the interest was received arises out of or was
created in the regular course of the taxpayer's trade or business operations or
where the purpose for acquiring and holding the intangible is related to or
incidental to such trade or business operations.
(4) Dividends are business income where the
stock with respect to which the dividends are received arises out of or was
acquired in the regular course of the taxpayer's trade or business operations
or where the purpose for acquiring and holding the stock is related to or
incidental to such trade or business operations.
(5) Patent and copyright royalties are business
income where the patent or copyright with respect to which the royalties were
received arises out of or was created in the regular course of the taxpayer's
trade or business operations or where the purpose for acquiring and holding the
patent or copyright is related to or incidental to such trade or business
operations.