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Senate advances SB136 to change business income apportionment to market‑performance method
Summary
The Utah Senate voted to read SB136 for a third time after sponsor Senator Niederhauser said the bill shifts apportionment for services and intangibles from a cost‑of‑performance to a market‑performance approach, which the sponsor and supporters say will benefit companies with payroll and property in Utah. Senator Stevenson signaled he will seek coordinating language tied to the single‑sales‑factor election.
Senator Niederhauser told the Senate that SB136 changes how income from services and intangibles is attributed to Utah for corporate tax purposes, replacing a cost‑of‑performance rule with a market‑performance standard so that revenue is sourced where the market receives the service. He said the change would advantage companies that have property and payroll in Utah while income earned by performers outside the state would not be apportioned to Utah.
"Instead of taking an approach for sales using cost of performance, we're using a market…
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