Securities Lawyer's Deskbook                          published by The University of Cincinnati College of Law

Rule 5-03 -- Income Statements

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(a) The purpose of this rule is to indicate the various line items which, if applicable, and except as otherwise permitted by the Commission, should appear on the face of the income statements filed for the persons to whom this article pertains (See Rule 4-01(a)).


(b) If income is derived from more than one of the subcaptions described under Rule 5-03.1, each class which is not more than 10 percent of the sum of the items may be combined with another class. If these items are combined, related costs and expenses as described under Rule 5-03.2 shall be combined in the same manner.


1. Net sales and gross revenues. State separately:



(a) Net sales of tangible products (gross sales less discounts, returns and allowances),


(b) operating revenues of public utilities or others;


(c) income from rentals;


(d) revenues from services; and


(e) other revenues.



Amounts earned from transactions with related parties shall be disclosed as required under Rule 4-08(k). A public utility company using a uniform system of accounts or a form for annual report prescribed by federal or state authorities, or a similar system or report, shall follow the general segregation of operating revenues and operating expenses reported under 5-03.2 prescribed by such system or report. If the total of sales and revenues reported under this caption includes excise taxes in an amount equal to 1 percent or more of such total, the amount of such excise taxes shall be shown on the face of the statement parenthetically or otherwise.


2. Costs and expenses applicable to sales and revenues. State separately the amount of


(a) cost of tangible goods sold,


(b) operating expenses of public utilities or others,



(c) expenses applicable to rental income,



(d) cost of services, and



(e) expenses applicable to other revenues.

Merchandising organizations, both wholesale and retail, may include occupancy and buying costs under caption 2(a). Amounts of costs and expenses incurred from transactions with related parties shall be disclosed as required under Rule 4-08(k).


3. Other operating costs and expenses. State separately any material amounts not included under caption 2 above.


4. Selling, general and administrative expenses.


5. Provision for doubtful accounts and notes.


6. Other general expenses. Include items not normally included in caption 4 above. State separately any material item.


7. Non-operating income. State separately in the income statement or in a note thereto amount earned from



(a) dividends,


(b) interest on securities,


(c) profits on securities (net of losses), and


(d) miscellaneous other income.



Amounts earned from transactions in securities of related parties shall be disclosed as required under Rule 4-08(k). Material amounts included under miscellaneous other income shall be separately stated in the income statement or in a note thereto, indicating clearly the nature of the transactions out of which the items arose.


8. Interest and amortization of debt discount and expense.


9. Nonoperating expenses. State separately in the income statement or in a note thereto amounts of



(a) losses on securities (net of profits) and


(b) miscellaneous income deductions.



Material amounts included under miscellaneous income deductions shall be separately stated in the income statement or in a note thereto, indicating clearly the nature of the transactions out of which the items arose.


10. Income or loss before income tax expense and appropriate items below.


11. Income tax expense. Include under this caption only taxes based on income. (See Rule 4-08(h)).


12. Minority interest in income of consolidated subsidiaries.


13. Equity in earnings of unconsolidated subsidiaries and 50 percent or less owned persons. State, parenthetically or in a note, the amount of dividends received from such persons. If justified by the circumstances, this item may be presented in a different position and a different manner. (See Rule 4-01(a).)


14. Income or loss from continuing operations.


15. Discontinued operations.


16. Income or loss before extraordinary items and cumulative effects of changes in accounting principles.


17. Extraordinary items, less applicable tax.


18. Cumulative effects of changes in accounting principles.


19. Net income or loss.


20. Earnings per share data.

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