<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 03.04.02.05" title_num="03" subtitle_num="04" chapter_num="02" heading="Allocation of Nonresident Business Income.">
  <paragraph num="A.">
    <text>Income of a nonresident for personal services rendered partly within and partly without this State shall be determined as follows:</text>
    <paragraph num="(1)">
      <text>Commissions of a traveling salesman or agent which depend directly on sales made are allocated outside this State if the:</text>
      <paragraph num="(a)">
        <text>Sales are outside this State, or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Merchandise is delivered to points outside this State;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Compensation other than commissions which depend directly on sales made for service performed partly within and partly outside this State shall be allocated based on the total number of working days employed outside this State compared to all working days employed both within and outside this State.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Nonbusiness income derived from interest, dividends, and annuities is allocable to the nonresident's state of domicile and not to this State.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Income from a business, trade, profession, or occupation carried on partly within and partly outside this State shall be determined by separate accounting when practicable. If separate accounting is not practicable, income allocable outside this State shall be determined by:</text>
    <paragraph num="(1)">
      <text>Percentage allocation which is:</text>
      <paragraph num="(a)">
        <text>The average value of tangible business property outside this State over the average value of all tangible business property multiplied by 100,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Business income outside this State over total business income multiplied by 100,</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The average of the percentages determined in §C(1)(a) and (b) of this regulation, and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The average percentage arrived at in §C(1)(c) of this regulation applied to total business income to arrive at income allocable outside this State;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Apportionment of sales as described in COMAR 03.04.03.08; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A method or methods subject to approval by the Comptroller.</text>
    </paragraph>
  </paragraph>
</regulation>