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(1) The numerator of the payroll factor is the total amount paid in this state during the tax period by the taxpayer for compensation. The tests in 15-31-309, MCA, to be applied in determining whether compensation is paid in this state are derived from the Model Unemployment Compensation Act. Accordingly, if compensation paid to employees is included in the payroll factor by use of the cash method of accounting or if the taxpayer is required to report such compensation under such method for unemployment compensation purposes, it shall be presumed that the total wages reported by the taxpayer to this state for unemployment compensation purposes constitutes compensation paid in this state, except for compensation excluded under ARM 42.26.241. The presumption may be overcome by satisfactory evidence that an employee's compensation is not properly reportable to this state for unemployment compensation purposes.

(2) Refer to ARM 42.26.202 for definitions applicable to this rule.

(3) Payroll associated with the operation or transportation of mobile or movable property, as described in ARM 42.26.234, shall be assigned to this state on the proportion of mileage traveled within the state to mileage traveled everywhere during the tax period.

History: 15-1-201, 15-31-313, 15-31-501, MCA; IMP, 15-1-601, 15-31-305, 15-31-308, 15-31-309, MCA; NEW, Eff. 1/2/77; AMD, 1982 MAR p. 104, Eff. 1/29/82; AMD, 1993 MAR p. 572, Eff. 4/16/93; AMD, 2001 p. 2469, Eff. 12/21/01; AMD, 2011 MAR p. 2053, Eff. 9/23/11.

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