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(a) If the entire net income required to be reported under Subchapter 2 of Chapter 6 of Title 11 is for a period other than the period covered by the taxpayer's Federal income tax return, its Federal taxable income is first adjusted in the manner set forth in 19 RCNY § 11-27, then divided by the number of calendar months or major parts thereof covered by the Federal income tax return, and the result multiplied by the number of calendar months or major parts thereof covered by the report under Subchapter 2 of Chapter 6 of Title 11.
Example: A corporation was organized in 1959 under the laws of a State other than New York, in which other state it carried on its business until March 1, 1966, when it began to do business in New York City. It filed its return for Federal income tax purposes for the calendar year 1966, wherein its taxable income required to be reported was $70,000. In computing its entire net income for the period from March 1, 1966 to December 31, 1966, its Federal taxable income for the calendar year 1966 ($70,000) is first adjusted to conform to entire net income as defined in Subchapter 2 of Chapter 6 of Title 11, and then divided by 12 and the result multiplied by 10.
(b) The method of computing entire net income set forth in the above example is, under similar circumstances, also applicable to corporations reporting on a fiscal year basis for Federal income tax purposes.
(c) However, if in the opinion of the Commissioner of Finance this method does not properly reflect the taxpayer's net income for franchise tax purposes during the period covered by its report, the Commissioner may determine entire net income solely on the basis of the taxpayer's income during such period.
In the case of combined reports, all intercompany dividends are eliminated in computing combined entire net income. As to when combined reports will be permitted or required, see 19 RCNY § 11-91, infra.
For adjustments of income and deductions to correct distortions, see 19 RCNY § 11-25, supra.
(§ 11-604(1), Administrative Code.)
(a) An alternative basis for measuring the primary tax is entire net income plus certain compensation with various adjustments, or the portion of such sum allocable to New York City, if such calculation results in a higher amount than that computed on any of the other three alternative bases. The rate of the tax measured by income plus compensation is five and one-half percent for taxable years beginning before January 1, 1971, six and seven-tenths percent for taxable years beginning on or after January 1, 1971 and ending on or before December 31, 1974, ten and five one-hundredths percent for taxable years beginning on or after January 1, 1975 and before January 1, 1977, nine and one half percent for taxable years beginning on or after January 1, 1977 and before January 1, 1978, nine percent for taxable years beginning on or after January 1, 1978 and before January 1, 1987, and eight and eighty-five one-hundredths percent for taxable years beginning after December 31, 1986. The applicable rates for taxable years beginning in 1974 and ending in 1975 shall be those set forth in Administrative Code § 11-604(1)(C).
(b) The measure of the tax is computed as follows:
(1) Add to the amount of entire net income or net loss (treated as a negative figure) (see example 4) for the year, if any,
(i) all salaries and other compensation paid to every stockholder owning in excess of five percent of its issued capital stock, but only if and to the extent that a deduction was allowed for such salaries and compensation in computing entire net income (or net loss); and
(ii) to the extent not required by subparagraph (i),
(A) for taxable years beginning before July 1, 1996, all salaries and other compensation paid to the taxpayer's elected or appointed officers, but only if and to the extent that a deduction was allowed for such salaries and compensation in computing entire net income (or net loss);
(B) for taxable years beginning on or after July 1, 1996 but before July 1, 1998, 75 percent of the total amount of salaries and other compensation paid to the taxpayer's elected or appointed officers for which a deduction was allowed in computing entire net income (or net loss);
(C) for taxable years beginning on or after July 1, 1998 but before July 1, 1999, 50 percent of the total amount of salaries and other compensation paid to the taxpayer's elected or appointed officers for which a deduction was allowed in computing entire net income (or net loss); and
(D) for taxable years beginning on or after July 1, 1999, no part of salaries and other compensation paid to the taxpayer's elected or appointed officers.
(iii) Notwithstanding anything to the contrary in subparagraph (ii) of this paragraph (1), the full amount of salaries or other compensation paid to any elected or appointed officer for which a deduction was allowed in computing entire net income (or net loss) shall be added to that amount if such officer was, at any time during the taxable year, a stockholder owning more than five percent of the taxpayer's issued capital stock.
(2) Deduct from such total
(i) for taxable years beginning before July 1, 1997, § 15,000,
(ii) for taxable years beginning on or after July 1, 1997 but before July 1, 1998, $30,000,
(iii) for taxable years beginning on or after July 1, 1998, $40,000, (or a proportionate part of the applicable amount in the case of a return for less than a year.)
(3) Multiple the balance by 30 percent.
(c) An elected or appointed officer includes the chairman, president, vice-president, secretary, assistant secretary, treasurer, assistant treasurer, comptroller, and also any other officer, irrespective of his title, who is charged with and performs any of the regular functions of any such officer. A director is not an elected or appointed officer unless he performs duties ordinarily performed by an officer. However, there must be included all compensation received by an officer from the corporation in any capacity, including director's fees.
(d) A stockholder owning in excess of five percentum of its issued capital stock is a person or corporation who is the beneficial owner of more than five percent of the capital stock of the taxpayer, issued and outstanding. Rules for determining the beneficial ownership of stock are set forth in § 11-46(a), "subsidiary," infra.
(e) The provision for measuring the tax on the basis of entire net income plus compensation is designed to prevent tax avoidance by the distribution of profits in the form of excessive salaries. However, measurement of the tax on such basis does not affect the power of the Commissioner of Finance to disallow deductions claimed for unreasonable salaries in computing entire net income.
(f) The provisions of subdivision (b) of this section are illustrated by the following examples:
Example 1: HCO Corporation is a calendar year taxpayer with three shareholders, B, C and D. B owns 4% and C and D each own 48% of HCO's stock. HCO has two subsidiaries. For calendar year 1999, HCO's gross income, other than income from its subsidiaries is $2,000,000. HCO has no investment income or capital. HCO's business allocation percentage is 100%. B is an officer of HCO; C and D are employees but not officers. HCO pays B a salary of $250,000 and C and D each a salary of $500,000. All of B's salary is attributable to subsidiary capital. No portion of C's or D's salary is attributable to subsidiary or investment capital or income. HCO has other deductions of $700,000, of which HCO attributes $100,000 to subsidiary capital and $600,000 to business capital. HCO's federal taxable income is $50,000. After adding back deductions attributable to subsidiary capital, HCO's entire net income is $400,000. The tax on the entire net income base would be $35,400 (8.85% × $400,000). HCO is not subject to tax on the capital base. HCO's alternative tax base is determined as follows:
Entire net income | $400,000 |
plus | |
C and D's salaries | $1,000,000 |
less | |
fixed dollar amount | ($40,000 |
$1,360,000 | |
multiplied by 30% | × .30 |
$408,000 | |
B's salary is not added back because no deduction was allowed for it in determining entire net income. The tax on the alternative basis would be $36,108 ($408,000 × 8.85%). Therefore, HCO pays tax on the alternative tax basis.
Example 2: The facts are the same as in example 1 except that only 60% of B's salary is attributable to subsidiary capital and, therefore, $150,000 of B's salary is disallowed as an expense attributable to subsidiary capital. After adding back that portion of B's salary attributable to subsidiary capital, HCO's entire net income is $300,000. For calendar year 1999, only 50% of that portion of B's salary deductible in determining HCO's entire net income is added back in calculating the alternative tax base. HCO's alternative tax base is determined as follows:
Entire net income | $300,000 |
plus | |
C&D's salaries | $1,000,000 |
plus 50% of B's deductible salary | $50,000 |
less | |
Fixed dollar amount | ($40,000) |
$1,310,000 | |
Multiplied by 30% | × .30 |
$393,000 | |
The tax on the alternative base would be $34,781 which is more than the tax calculated on the entire net income base ($26,550). Therefore, HCO would pay tax on the alternative base.
Example 3: The facts are the same as in Example 1 but D is an officer but not a shareholder of HCO and the taxable year is calendar year 2000. No part of B's or D's salary is added back for years beginning after June 30, 1999. HCO's alternative tax base is determined as follows:
Entire net income | $400,000 |
plus | |
C's salary | $500,000 |
less | |
fixed dollar amount | ($40,000) |
$860,000 | |
multiplied by 30% | × .30 |
$258,000 | |
The tax on the alternative base would be $22,833 ($258,000 × 8.85%). Because that amount is less than the tax measured by entire net income, $35,400, HCO would pay tax on the entire net income basis.
Example 4: ABC Corporation is a calendar year taxpayer. For calendar year 2000, ABC's gross income is $1,000,000 all of which is business income. ABC's business allocation percentage is 100%. ABC pays a salary of $700,000 to A, its vice president for finance. A also owns 6% of the stock of ABC. ABC has $400,000 of other deductions. ABC has a net loss for the year of ($100,000). ABC is not liable for tax on the capital base. ABC's alternative tax base is calculated as follows:
Net loss | ($100,000) |
plus | |
A's salary | $700,000 |
less | |
fixed dollar amount | ($40,000) |
$560,000 | |
multiplied by 30% | × .30 |
$168,000 | |
Because A owns more than 5% of ABC's stock, all of A's salary is added back in calculating the alternative tax base. The tax calculated on the alternative base is $14,868, which is higher than the tax on the ENI base, $0. Therefore, ABC pays tax on the alternative base.
(§ 11-604(1), Administrative Code.)
An alternative basis for measuring the primary tax is total business and investment capital, or the portion thereof allocated to New York City, if such calculation results in a higher amount than that computed on any of the other three alternative bases. The rate of tax is one mill (or one-fourth of a mill in the case of a cooperative housing corporation or a housing company organized and operating pursuant to the provisions of Article 2 or 4 of the Private Housing Finance Law) on each dollar of total or allocated business and investment capital.
(§ 11-602(b), Administrative Code.)
(a) The term "business capital" means the total average fair market value of all the taxpayer's assets (whether or not shown on its balance sheet), exclusive of stock issued by the taxpayer or assets constituting subsidiary capital (19 RCNY § 11-46, "subsidiary capital," infra) or investment capital (19 RCNY § 11-36, "investment capital," supra), less current liabilities (other than loans or advances outstanding for more than a year) payable by their terms on demand or not more than one year from the date incurred, to the extent such liabilities are not deducted in computing subsidiary capital or investment capital.
(b) Liabilities so deductible include notes, accounts payable, wages payable, accrued taxes, expenses and interest. Notes and other written obligations payable by their terms on demand or not more than one year from their date, which are regularly renewed from year to year, are not deductible in computing business capital. Loans or advances outstanding for more than a year as of any date during the year covered by the report, are not deductible in computing business capital. Where a taxpayer owns property subject to a debt, lien or encumbrance or other obligation, the fair market value of the property, not merely the taxpayer's equity therein, shall be used in computing the average fair market value of the property in valuing business capital, whether or not the taxpayer has any personal liability under any obligation to which the property is held subject.
(c) The term "business capital" includes loans to a subsidiary, the interest on which is claimed by and allowed to the subsidiary as a deduction for purposes of any tax imposed by Title 11, Chapter 6, Subchapter 2 or Subchapter 3 of the Administrative Code, provided such loans do not constitute investment capital pursuant to 19 RCNY § 11-37.
(d) (1) If in a taxable year a taxpayer has business capital but no investment capital, cash in hand and cash on deposit (as defined in 19 RCNY § 11-37(a)(3)) must be treated on all reports for the taxable year as business capital.
(2) If in a taxable year a taxpayer has both business and investment capital, the taxpayer may elect to treat cash on hand and cash on deposit (as defined in 19 RCNY § 11-37(a)(3)) as business capital. A taxpayer may not elect to treat part of its cash as business capital and part as investment capital. No election to treat cash as business capital may be made if the taxpayer has no business capital exclusive of cash. Any taxpayer who may elect under this paragraph (2) will be presumed to have made an irrevocable election to treat cash as business capital for that taxable year unless such taxpayer properly elects under 19 RCNY § 11-37(a)(2)(ii) to treat cash on hand and on deposit as investment capital.
(§ 11-602(4), Administrative Code.)
(a) (1) The term "investment capital" means the taxpayer's investments in stocks, bonds and other securities issued by a corporation (except as provided in paragraph (4) of this subdivision) or by the United States, any state, territory or possession of the United States, the District of Columbia, or any foreign country, or any political subdivision or governmental instrumentality of any of the forgoing (see subdivisions (c) - (h) of this section).
(2) (i) If in a taxable year a taxpayer has investment capital but no business capital, cash on hand and cash deposit must be treated on all reports for the taxable year as investment capital.
(ii) If in a taxable year a taxpayer has both business and investment capital, the taxpayer may elect to treat cash on hand and cash on deposit, as defined in paragraph (3) of this subdivision, as investment capital (see 19 RCNY § 11-36(d) for election to treat cash as business capital). Once an election is made for a taxable year, it shall be irrevocable for that taxable year. The election must be made on the original return for the taxable year; any purported election made on an amended return is invalid. A separate election must be made for each taxable year. A taxpayer may not elect to treat part of its cash as investment capital and part as business capital. No election to treat cash as investment capital may be made where the taxpayer has no investment capital exclusive of cash. Any taxpayer who may elect under this subparagraph (ii) and has filed a return for the taxable year but who has not properly made such an election will be presumed to have made an irrevocable election to treat cash on hand and on deposit as business capital.
(3) Any debt instrument, including a certificate of deposit, described in paragraph (2) or (3) of subdivision (c) of this section and not described in paragraph (4) of this subdivision (a) that is payable by its terms on demand or within six months and one day from the date on which the debt was incurred, is deemed to be cash on hand or on deposit. Any such debt instrument that is payable by its terms more than six months and one day from the date on which the debt was incurred is deemed to be cash on hand or on deposit on any day that is not more than six months and one day prior to its date of maturity. Cash also includes shares in a money market mutual fund. A money market mutual fund is a no-load, open-end investment company registered under the Federal Investment Company Act of 1940 that attempts to maintain a constant net asset value per share and holds itself out to be a money market fund.
Example: On February 1, 1990, Corporation A, a calendar year taxpayer, purchased a certificate of deposit with a maturity date of January 31, 1991, which was a qualifying corporate debt instrument as that term is in subdivision (d) of this section. On July 1, 1990, Corporation A purchased a four-month qualifying corporate debt instrument on the day it was issued and renewed it, with the identical terms, on November 1, 1990. Corporation A bought a qualifying corporate debt instrument on August 1, 1990, the day it was issued, with a maturity date of February 2, 1991. On September 1, 1990, the corporation bought a nine-month qualifying corporate debt instrument which had been issued on January 1, 1990 and was due on October 1, 1990. The renewal of the four-month debt instrument purchased on July 1, 1990 is treated as the creation of a second, separate debt instrument, each of the two instruments being due within six months and one day of the date on which the debt was incurred. For the taxable year ending December 31, 1990, the two four-month debt instruments and the debt instrument due on February 2, 1991 is deemed to be cash because it is due on February 2, 1991 is deemed to be cash because it is due within six months and one day from the date on which it was issued. The nine-month debt instrument is deemed to be cash because each day on which the taxpayer owned it was a day not more than six months and one day prior to its maturity date. The one-year certificate of deposit is deemed to be cash on July 30, 1990 (the first day not more than six months and one day before its maturity date of January 31, 1990) and each day thereafter.
(4) Investment capital does not include:
(i) stock issued by the taxpayer;
(ii) stocks, bonds or other securities constituting subsidiary capital;
(iii) securities issued by an individual, partnership, trust or other non-governmental entity that is not a corporation within the definition contained in Administrative Code § 11-602.1 (e.g., Federal National Mortgage Association and Government National Mortgage Association pass-through certificates);
(iv) regular interests and residual interests in a real estate mortgage investment conduit (REMIC), as defined in section 860D of the Internal Revenue Code;
(v) assets reflected in the taxpayer's books and records in connection with futures contracts and forward contracts except as provided in subdivision (g) of this section; or
(vi) stocks, bonds and other securities held by the taxpayer for sale to customers in the regular course of its business.
(b) The amount of investment capital is determined as set forth in subdivision (b) of 19 RCNY § 11-38.
(c) For purposes of paragraph (1) of subdivision (a) of this section, the phrase "stocks, bonds and other securities" means:
(1) stocks and similar corporate equity instruments, such as business trust certificates; (2) debt instruments issued by the United States, any state, territory or possession of the United States, the District of Columbia, or any foreign country, or any political subdivision or governmental instrumentality of any of the foregoing;
(3) qualifying corporate debt instruments (see subdivision (d) of this section); (4) options on any item described in paragraph (1), (2), or (3) of this subdivision and not described in paragraph (4) of subdivision (a) of this section, or on a stock or bond index, or on a futures contract on such an index, unless the options are purchased primarily to diminish the taxpayer's risk of loss from holding one or more positions in assets that constitute business or subsidiary capital; and
(5) stock rights and stock warrants not in the possession of the issuer thereof. Provided, however, debt instruments described in paragraph (2) or (3) of this subdivision that are deemed to be cash pursuant to paragraph (3) of subdivision (a) of this section do not constitute stocks, bonds or other securities.
(d) Qualifying corporate debt instruments.
(1) The term "qualifying corporate debt instruments" means all debt instruments issued by a corporation other than the following:
(i) instruments issued by the taxpayer;
(ii) instruments that constitute subsidiary capital in the hands of the taxpayer; (iii) instruments acquired by the taxpayer for services rendered, or for the sale, rental or other transfer of property, where the obligor is the recipient of the services or property; however, where a taxpayer sells or otherwise transfers property that is investment capital in the hands of such taxpayer (e.g., stock) and receives in return a corporate obligation issued by the recipient of such property, such corporate obligation, if it is not otherwise excluded from the category of investment capital, would constitute investment capital in the hands of the taxpayer;
(iv) instruments acquired for funds if (i) the obligor is the recipient of such funds, (ii) the taxpayer is principally engaged in the business of lending funds, and (iii) the obligation is acquired in the regular course of the taxpayer's business of lending funds;
(v) accepted drafts (such as banker's acceptances and trade acceptances) where the taxpayer is the drawer of the draft; (vi) instruments issued by a corporation that is a member of an affiliated group that includes the taxpayer; and
(vii) accounts receivable, including those held by a factor.
(2) Terms used in this subdivision shall have the meanings prescribed as follows:
(i) Affiliated group. The term "affiliated group" means a corporation or corporations and the common parent of such corporation or corporations. The "common parent" of a corporation or corporations means an individual, corporation, partnership, trust or estate that owns or controls, either directly or indirectly, at least 80 percent of the voting stock of such corporations or of each of such corporations. An affiliated group also includes all other corporations at least 80 percent of the voting stock of which is owned or controlled, either directly or indirectly, by one or more of the corporations included in the affiliated group, or by the common parent and one or more of the corporations included in the affiliated group.
(ii) Principally engaged in the business of lending funds. A taxpayer is "principally engaged in the business of lending funds" for purposes of this subdivision if, during the taxable year, more than 50 percent of its receipts consist of interest from loans or net gain from the sale or redemption of notes or other evidences of indebtedness arising from loans made by the taxpayer. For purposes of the preceding sentence, receipts do not include return of principal or non-recurring, extraordinary items.
(e) For purposes of this section, the phrase "stocks, bonds and other securities" includes instruments held in book entry form.
(f) Repurchase agreements.
(1) "Repurchase agreement" is a term used to describe a transaction in which one party (the seller/borrower), in formal terms, sells securities to a second party (the purchaser/lender) and simultaneously contracts to repurchase the same or identical securities. Depending upon the nature of the agreement, in some instances the purchaser/lender in fact will have purchased the securities, whereas in other instances the transfer of funds to the seller/borrower in fact will constitute a loan collateralized by the securities. If the purchaser/lender is a taxpayer, it is necessary to determine whether the result of such a transaction is the holding by the purchaser/lender of investment capital. If, as a result of the repurchase agreement, the purchaser/lender owns the securities and the securities are encompassed within the definition of investment capital contained in subdivision (a) of this section, such securities will constitute investment capital in the hands of the purchaser/lender. If the purchaser/lender has not acquired ownership of the securities, then it is a lender of funds and has acquired a debt instrument issued by the seller/borrower collateralized by the securities. Unless such debt instrument constitutes cash pursuant to paragraph (3) of subdivision (a) of this section, where such debt instrument is encompassed within the definition of investment capital contained in subdivision (a) and (c) of this section, such instrument will constitute investment capital in the hands of the purchaser/lender. Otherwise, it will constitute either business capital or subsidiary capital.
(2) In a repurchase transaction, the question of whether the purchaser/lender is the owner of the securities, rather than the owner of a debt instrument issued by the seller/borrower, turns on whether such purchaser/lender has acquired the economic benefits and burden of ownership of the securities. The purchaser/lender is the owner of the securities if it (A) has the right freely to dispose of or pledge the securities to a third party and (B) has acquired the opportunity for profit and bears the risk of loss deriving from changes in the market value of the securities. All of these factors must be present simultaneously in order for a transfer of ownership to be recognized. The absence of any of these factors will render the transaction a loan. In such event, the purchaser/lender would be viewed as having acquired a debt instrument of the seller/borrower, collateralized by the securities. Where there is ambiguity as to the existence of any of the factors, recourse may be had to an examination of various other features of the transaction. Features that are consistent with a characterization of the transaction as a loan, but that are not dispositive in and of themselves are:
(i) an obligation on the part of the purchaser/lender, where it sells the securities upon the failure of the seller/borrower to "repurchase" the securities, to turn over to the seller/borrower the proceeds in excess of the amount due to the purchaser/lender from the seller/borrower, and a right on the part of the purchaser/lender to hold the seller/borrower liable for any deficiency arising from such sale;
(ii) an obligation on the part of the seller/borrower to pay interest at a stipulated rate; (iii) a disparity at the time of the initial transaction between the fair market value of the securities and the amount paid or advanced by the purchaser/lender;
(iv) a right on the part of the purchaser/lender to require additional collateral if the market value of the securities declines (e.g., a mark to market provision); and
(v) failure to treat the transaction as a sale or exchange for Federal income tax purposes; e.g., with respect to the reporting of gain or loss on each of the two purported sales, or the exclusion by the seller/borrower under Internal Revenue Code section 103(a) of interest, if any, earned on the securities during the period between the initial "sale" and the "repurchase."
(g) Investment capital shall include assets reflected in the taxpayer's books and records in connection with futures or forward contracts if such contracts substantially diminish the taxpayer's risk of loss from holding one or more positions in assets that constitute investment capital or if such contracts substantially diminish the taxpayer's risk of loss from holding one or more positions in assets that constitute investment capital or if such contracts substantially diminish the taxpayer's risk of loss from making short sales of assets that constitute investment capital. If the taxpayer holds more positions in futures or forward contracts than are reasonably necessary to substantially diminish its risk of such losses, assets attributable to the excess positions in futures or forward contracts are not included in investment capital.
(h) The following example illustrates some of the provisions of this section.
Example: Corporation A is a manufacturing corporation and a taxpayer. It owns 10,000 shares of stock in Corporation B (a manufacturing firm that has 5,000,000 shares of stock issued and outstanding), a $1,000,000 Government National Mortgage Association (GNMA) pass-through certificate, a $1,000,000 Federal National Mortgage Association (FNMA) pass-through certificate and a $100,000 FNMA debenture. Corporation A's investment capital consists of the shares of stock in Corporation B, and the FNMA debenture. The FNMA debenture constitute investment capital because it is a qualifying corporate debt investment issued by a corporation. Although the FNMA and GNMA certificates are guaranteed by FNMA and GNMA, respectively, they do not constitute investment capital because they are issued by a trust and thus are not "corporate or governmental."
(§ 11-604(2), Administrative Code.)
(a) The amount of the business capital of the taxpayer is determined by taking the total average fair market value, during the period covered by the report, of all the assets of the taxpayer which constitute business capital, less certain current liabilities (19 RCNY § 11-36 "investment capital," supra).
(b) The amount of the investment capital of the taxpayer is determined as follows:
(1) ascertain the average value of each item of investment capital (including cash, where the election described in paragraph (2) of subdivision (a) of 19 RCNY § 11-37 is made);
(2) ascertain the net value of each such item by subtracting from the average value of each such item average liabilities that are directly or indirectly attributable to that item; and
(3) add the net values so arrived at. The average value of a marketable security included in investment capital is its average fair market value, and the average value of an item of investment capital that is not a marketable security is the average value shown (or which should have been shown, if not so shown) on the books and records of the taxpayer in accordance with generally accepted accounting principles.
(a) The fair market value of any asset owned by the taxpayer is the price at which a willing seller, not compelled to sell, will sell and a willing purchaser, not compelled to buy, will buy. For determination of the fair market value of real property rented to the taxpayer, see 19 RCNY § 11-64(b), infra.
(b) The fair market value, on any date, of stocks, bonds and other securities regularly dealt in on an exchange, or in the over-the-counter market, is the mean between the highest and lowest selling prices on that date. If there were no sales on the valuation date, such value is the mean between the highest and the lowest selling prices on the nearest date, within a reasonable time, on which there were sales. If actual sales within a reasonable time are not available, the fair market value is the mean between the bona fide bid and asked prices on the valuation date or the nearest date within a reasonable time.
(c) If actual sales prices or bona fide bid and asked prices within a reasonable time are not available or if by reason of the character or extent of the taxpayer's investments or for any other reason such prices are not truly indicative of value, the fair market value is ascertained
(1) in the case of shares of stock, on the basis of the issuing corporation's net worth, earning power, book value, dividends paid, and all other relevant factors, and
(2) in the case of bonds and other securities, by giving consideration to various factors including the soundness of the security, the interest yield, and the date of maturity.
(d) If a taxpayer consistently values its stocks, bonds and other securities on some other basis, such as the last selling price on the valuation date, such method of valuation may be accepted by the Commissioner of Finance. In all such cases, a complete explanation of the method of valuation must be included in the report.
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