“Gross revenue” defined

1. Except as otherwise provided in subsection 3, “gross revenue” means the total amount realized by a business entity from engaging in a business in this State, without deduction for the cost of goods sold or other expenses incurred, that contributes to the production of gross income, including, without limitation, the fair market value of any property and any services received, and any debt transferred or forgiven as consideration. 2. Except as otherwise provided in subsection 3, the term includes, without limitation: (a) Amounts realized from the sale, exchange or other disposition of a business entity’s property; (b) Amounts realized from the performance of services by a business entity; (c) Amounts realized from another person’s possession of the property or capital of a business entity; and (d) Any combination of these amounts. 3. The term does not include: (a) Amounts realized from the sale, exchange, disposition or other grant of the right to use trademarks, trade names, patents, copyrights and similar intellectual property; (b) The value of cash discounts allowed by the business entity and taken by a customer; (c) The value of goods or services provided to a customer on a complimentary basis; (d) Amounts realized from a transaction subject to, described in, or equivalent to, section 118, 331, 332, 336, 337, 338, 351, 355, 368, 721, 731, 1031 or 1033 of the Internal Revenue Code, 26 U.S.C. § 118, 331, 332, 336, 337, 338, 351, 355, 368, 721, 731, 1031 or 1033, regardless of the federal tax classification of the business entity under 26 C.F.R. § 301.7701-3; (e) Amounts indirectly realized from a reduction of an expense or deduction; (f) The value of property or services donated to a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), if the donation is tax deductible pursuant to the provisions of section 170(c) of the Internal Revenue Code, 26 U.S.C. § 170(c); and (g) Amounts that are not considered revenue under generally accepted accounting principles.