Why? Say that in California the Jet Engines Division has apportionment of 100% and the Lint Division has apportionment of 0%. Which is the optimal filing position—one or two unitary businesses? In California the taxpayer would want to file as separate non-unitary business and report only the ($500,000) loss and receive a net operating loss of $500,000. By the way, its probably not a great idea (generally speaking) to say that the same companies are unitary in state A but non-unitary in state B, however tempting that may be.
In California, the concept of a "unitary business" is important for tax purposes because it determines how a company apportions its income to the state. A unitary business is generally defined as a group of related business entities that are sufficiently interdependent, integrated, and interrelated through their activities so as to provide a synergy and mutual benefit that produces a sharing or exchange of value among them and a significant flow of value to the separate parts. When a business has different divisions or entities, the determination of whether they are unitary or separate can significantly impact the tax liability. If the Jet Engines Division and the Lint Division are considered part of one unitary business, their incomes and losses would be combined for California tax purposes, potentially offsetting each other. However, if the divisions are treated as separate, non-unitary businesses, they would each file their own tax returns. In the scenario you described, where the Jet Engines Division has an apportionment of 100% and the Lint Division has an apportionment of 0%, the taxpayer might prefer to treat them as separate entities. This way, the taxpayer could file a tax return for the Lint Division only, reporting the $500,000 loss and potentially claiming a net operating loss (NOL) carryover, which could be used to offset future income. It's important to note that the decision to file as unitary or separate businesses should be based on a factual analysis of the relationship between the divisions, not
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