WAC 458-20-162
Stockbrokers and security houses. With
respect to stockbrokers and security houses, "gross income of the
business" means the total of gross income from interest, gross
income from commissions, gross income from trading and gross
income from all other sources: Provided, That:
(1) Gross income from each account is to be computed
separately and on a monthly basis;
(2) Loss sustained upon any earnings account may not be
deducted from or offset against gross income upon any other
account, nor may a loss sustained upon any earnings account
during any month be deducted from the gross income upon any
account for any other month;
(3) No deductions are allowed on account of salaries or
commissions paid to employees or salesmen, rent, or any other
overhead or operating expenses paid or incurred, or on account of
losses other than under "2" above;
(4) No deductions are allowed from commissions received from
sales of securities which are delivered to buyers outside the
state of Washington.
Gross income from interest. Gross income from interest
includes all interest received upon bonds or other securities
held for sale or otherwise, excepting only direct obligations of
the federal government and of the state of Washington. No
deduction is allowed for interest paid out even though such
interest may have been paid to banks, clearing houses or others
upon amounts borrowed to carry debit balances of customers'
margin accounts.
Interest accrued upon bonds or other securities sold shall
be included in gross income where such interest is carried in an
interest account and not as part of the selling price. Conversely, interest accrued upon bonds or other securities at
the time of purchase may be deducted from gross income where such
interest is carried in an interest account and not as a part of
the purchase price.
Gross income from commissions. Gross income from
commissions is the amount received as commissions upon
transactions for the accounts of customers over and above the
amount paid to other established security houses associated in
such transactions: Provided, however, That no deduction or
offset is allowed on account of salaries or commissions paid to
salesmen or other employees.
Gross income from trading. Gross income from trading is the
amount received from the sale of stocks, bonds and other
securities over and above the cost or purchase price of such
stocks, bonds and other securities. In the case of short sales
gross earnings shall be reported in the month during which the
transaction is closed, that is, when the purchase is made to
cover such sales or the short sale contract is forfeited.
Gross income from all other sources. Gross income from all
other sources includes all income received by the taxpayer, other
than from interest, commissions and trading, such as dividends
upon stocks, fees for examinations, fees for reorganizations,
etc.
Services inside and outside the state-apportionment. Stockbrokers and security houses rendering services and
maintaining places of business both inside and outside the state
may, in computing tax, apportion to this state that portion of
the gross income which is derived from services rendered or
activities conducted inside this state. Where such apportionment
cannot be made accurately by separate accounting methods, the
taxpayer shall apportion to this state that portion of his total
income which the cost of doing business inside the state bears to
the total cost of doing business both inside and outside the
state.
[Statutory Authority: RCW 82.32.300. 83-07-033 (Order ET
83-16), § 458-20-162, filed 3/15/83; Order ET 70-3, § 458-20-162
(Rule 162), filed 5/29/70, effective 7/1/70.]