§242. Segregation of items of gross income

            All items of gross income, not otherwise exempted in this Chapter, shall be segregated into two general classes.

            (1) The class of gross income to be designated as "allocable income" shall include only the following:

            (a) Rents and royalties from immovable or corporeal movable property.

            (b) Profits from sales or exchanges of property (including items such as stocks, bonds, notes, land, machinery, mineral rights) not made in the regular course of business.

            (c) Interest income.

            (d) Dividends from corporate stock.

            (e) Royalties or similar revenue from the use of patents, trade marks, copyrights, secret processes, and other similar intangible rights.

            (f) Income from estates, trusts, and partnerships.

            (g) Salaries, wages, or other compensation received by a nonresident individual for personal services.

            (i) Salaries, wages, or other compensation received by a nonresident individual for personal services rendered during a declared state disaster or emergency as defined in R.S. 47:53.5 shall not be considered an item of gross income to be designated as allocable income.

            (ii) Wages, as defined by R.S. 47:111, paid to a nonresident individual that are exempt pursuant to the mobile workforce provisions of R.S. 47:248 shall not be considered an item of gross income to be designated as allocable income.

            (h) Income from construction, repair, or other similar services. However, income from construction, repair, or other similar services received by a nonresident corporation for disaster emergency-related work rendered during a declared state disaster or emergency as defined in R.S. 47:53.5 shall not be considered an item of gross income to be designated as allocable income.

            (2) The class of income to be designated as "apportionable income" shall include all items of gross income which are not properly includible in allocable income as defined in this Section.

            (a) Salaries, wages, or other compensation received by a nonresident individual for personal services rendered during a declared state disaster or emergency and income from construction, repair, or other similar services received by a nonresident corporation for disaster or emergency-related work rendered during a declared state disaster or emergency as defined in R.S. 47:53.5 shall not be considered an item of gross income to be designated as apportionable income.

            (b) Wages, as defined by R.S. 47:111, paid to a nonresident individual that are exempt pursuant to the mobile workforce provisions of R.S. 47:248 shall not be considered an item of gross income to be designated as allocable income.

            Amended by Acts 1958, No. 170, §1; Acts 2017, No. 358, §1, eff. July 1, 2017; Acts 2021, No. 383, §1, eff. June 16, 2021.