Section 25135 Of Article 2. Uniform Division Of Income For Tax Purposes Act From California Revenue And Taxation Code >> Division 2. >> Part 11. >> Chapter 17. >> Article 2.
25135
. (a) Sales of tangible personal property are in this state
if:
(1) The property is delivered or shipped to a purchaser, other
than the United States government, within this state regardless of
the f.o.b. point or other conditions of the sale.
(2) The property is shipped from an office, store, warehouse,
factory, or other place of storage in this state and (A) the
purchaser is the United States government or (B) the taxpayer is not
taxable in the state of the purchaser.
(b) For taxable years beginning on or after January 1, 2011, for
purposes of determining whether sales are in this state and included
in the numerator of the sales factor, all sales of the combined
reporting group properly assigned to this state under this section
shall be included in the sales factor numerator for this state
regardless of whether the member of the combined reporting group
making the sale is subject to the taxes imposed under Chapter 2
(commencing with Section 23101) or Chapter 3 (commencing with Section
23501) of this part. All sales not assigned to this state pursuant
to subdivision (a) shall not be included in the sales factor
numerator for this state if a member of the combined reporting group
of the taxpayer is taxable in the state of the purchaser.
(c) The Franchise Tax Board may prescribe regulations as necessary
or appropriate to carry out the purposes of this section.