Bill Text: CA AB2625 | 2015-2016 | Regular Session | Amended
Bill Title: Corporation taxes: minimum franchise tax: annual tax: microbusiness.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2625 Detail]
Download: California-2015-AB2625-Amended.html
BILL NUMBER: AB 2625 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 17, 2016
AMENDED IN ASSEMBLY MAY 2, 2016
AMENDED IN ASSEMBLY APRIL 6, 2016
INTRODUCED BY Assembly Member Lopez
FEBRUARY 19, 2016
An act to amend Sections 17935, 17941, 17948, and 23153 of the
Revenue and Taxation Code, relating to taxation, to take effect
immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2625, as amended, Lopez. Corporation taxes: minimum franchise
tax: annual tax: microbusiness.
Existing law imposes an annual minimum franchise tax, except as
provided, on every corporation incorporated in this state, qualified
to transact intrastate business in this state or doing business in
this state. Existing law exempts a corporation that incorporates or
qualifies to do business in this state from the payment of the
minimum franchise tax in its first taxable year.
Existing law imposes an annual tax in an amount equal to the
minimum franchise tax on every limited partnership, limited liability
company, and limited liability partnership that is doing business in
this state or that has filed or registered with the Secretary of
State.
The minimum franchise tax imposed on a corporation, and the annual
tax imposed on a limited liability company, must be paid by the 15th
day of the 4th month of the taxable year. The annual tax imposed on
a limited partnership or on a limited liability partnership,
partnership must be paid by the original due
date of the partnership return.
This bill, for taxable years beginning on or after January 1,
2017, and on or before January 1, 2020, would reduce that
minimum franchise tax of a new microbusiness, as defined,
to specified amounts, in the 2nd, 3rd, 4th, and 5th taxable
years, amounts for the taxable y ears
immediately following its first taxable year that begin on or before
January 1, 2020, for a corporation that is a new
microbusiness, or that annual tax, for each of the
first 5 initial taxable years of its
existence, existence that begin on or before January
1, 2020, for a limited liability company, limited
partnership, or limited liability partnership that is a new
microbusiness, as defined. as specified.
This bill would take effect immediately as a tax levy.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17935 of the Revenue and Taxation Code is
amended to read:
17935. (a) For each taxable year beginning on or after January 1,
1997, every limited partnership doing business in this state, as
defined by Section 23101, and required to file a return under Section
18633 shall pay annually to this state a tax for the privilege of
doing business in this state in an amount equal to the applicable
amount specified in paragraph (1) of subdivision (d) of Section
23153.
(b) (1) In addition to any limited partnership that is doing
business in this state and therefore is subject to the tax imposed by
subdivision (a), for each taxable year beginning on or after January
1, 1997, every limited partnership that has executed, acknowledged,
and filed a certificate of limited partnership with the Secretary of
State pursuant to Section 15621 or 15902.01 of the Corporations Code,
and every foreign limited partnership that has registered with the
Secretary of State pursuant to Section 15692 or 15909.01 of the
Corporations Code, shall pay annually the tax prescribed in
subdivision (a). The tax shall be paid for each taxable year, or part
thereof, until a certificate of cancellation is filed on behalf of
the limited partnership with the office of the Secretary of State
pursuant to Section 15902.03 or 15909.07 of the Corporations Code.
(2) If a taxpayer files a return with the Franchise Tax Board that
is designated its final return, that board shall notify the taxpayer
that the tax imposed by this chapter is due annually until a
certificate of cancellation is filed with the Secretary of State
pursuant to Section 15902.03 or 15909.07 of the Corporations Code.
(c) The tax imposed by this chapter shall be due and payable on
the date the return is required to be filed under former Section
18432 or 18633.
(d) For purposes of this section, "limited partnership" means any
partnership formed by two or more persons under the laws of this
state or any other jurisdiction and having one or more general
partners and one or more limited partners.
(e) Notwithstanding subdivision (b), any limited partnership that
ceased doing business prior to January 1, 1997, filed a final return
with the Franchise Tax Board for a taxable year ending before January
1, 1997, and filed a certificate of dissolution with the Secretary
of State pursuant to Section 15623 of the Corporations Code prior to
January 1, 1997, shall not be subject to the tax imposed by this
chapter for any period following the date the certificate of
dissolution was filed with the Secretary of State, but only if the
limited partnership files a certificate of cancellation with the
Secretary of State pursuant to Section 15623 of the Corporations
Code. In the case where a notice of proposed deficiency assessment of
tax or a notice of tax due (whichever is applicable) is mailed after
January 1, 2001, the first sentence of this subdivision shall not
apply unless the certificate of cancellation is filed with the
Secretary of State not later than 60 days after the date of the
mailing of the notice.
(f) (1) Notwithstanding subdivision (a) or (b), for taxable years
beginning on or after January 1, 2017, and on or before January
1, 2020, every limited partnership that is a new microbusiness
shall, for each of the first five initial
taxable years of its existence that begin on or before
January 1, 2020, not to exceed five taxable years, for which it
qualifies as a new microbusiness, pay to the state an annual tax of:
(A) Two hundred dollars ($200) for a new microbusiness that has
gross receipts, less returns and allowances, derived from or
attributable to this state for the taxable year of fifty thousand
dollars ($50,000) or less.
(B) Four hundred dollars ($400) for a new microbusiness that has
gross receipts, less returns and allowances, derived from or
attributable to this state for the taxable year of one hundred
thousand dollars ($100,000) or less, but more than fifty thousand
dollars ($50,000).
(C) Six hundred dollars ($600) for a new microbusiness that has
gross receipts, less returns and allowances, derived from or
attributable to this state for the taxable year of one hundred fifty
thousand dollars ($150,000) or less, but more than one hundred
thousand dollars ($100,000).
(2) For purposes of this subdivision, the following definitions
shall apply:
(A) (i) "Gross receipts, less returns and allowances," means the
sum of the gross receipts from the production of business income, as
defined in subdivision (a) of Section 25120, and the gross receipts
from the production of nonbusiness income, as defined in subdivision
(d) of Section 25120.
(ii) "Gross receipts, less returns and allowances, derived from or
attributable to this state" shall be determined using the rules for
assigning sales under Sections 25135 and 25136 and the regulations
thereunder, as modified by the regulations under Section 25137, other
than those provisions that exclude receipts from the sales factor.
(B) "New microbusiness" means a limited partnership that on or
after January 1, 2017, is organized under the laws of this state or
has qualified to transact intrastate business in this state and has
first commenced doing business in this state on or after the time of
its organization. In determining whether the taxpayer has first
commenced doing business in this state during the taxable year,
subdivision (f) of Section 17276, without application of paragraph
(7) of that subdivision, shall apply, except that "new microbusiness"
shall be substituted for "new business."
(3) For purposes of this subdivision, the gross receipts derived
from or attributable to the state of any other business, in whatever
form conducted, that is owned, directly or indirectly, by persons,
within the meaning of Section 17007, that are treated as related,
within the meaning of Section 267, 318, or 707 of the Internal
Revenue Code, to the new microbusiness, shall be aggregated with the
gross receipts derived from or attributable to the state of the new
microbusiness to determine whether the new microbusiness qualifies
for the reduced annual tax under this subdivision.
SEC. 2. Section 17941 of the Revenue and Taxation Code is amended
to read:
17941. (a) For each taxable year beginning on or after January 1,
1997, a limited liability company doing business in this state, as
defined in Section 23101, shall pay annually to this state a tax for
the privilege of doing business in this state in an amount equal to
the applicable amount specified in paragraph (1) of subdivision (d)
of Section 23153 for the taxable year.
(b) (1) In addition to any limited liability company that is doing
business in this state and is therefore subject to the tax imposed
by subdivision (a), for each taxable year beginning on or after
January 1, 1997, a limited liability company shall pay annually the
tax prescribed in subdivision (a) if articles of organization have
been accepted, or a certificate of registration has been issued, by
the office of the Secretary of State. The tax shall be paid for each
taxable year, or part thereof, until a certificate of cancellation of
registration or of articles of organization is filed on behalf of
the limited liability company with the office of the Secretary of
State.
(2) If a taxpayer files a return with the Franchise Tax Board that
is designated as its final return, the Franchise Tax Board shall
notify the taxpayer that the annual tax shall continue to be due
annually until a certificate of dissolution is filed with the
Secretary of State pursuant to Section 17707.08 of the Corporations
Code or a certificate of cancellation is filed with the Secretary of
State pursuant to Section 17708.06 of the Corporations Code.
(c) The tax assessed under this section shall be due and payable
on or before the 15th day of the fourth month of the taxable year.
(d) For purposes of this section, "limited liability company"
means an organization, other than a limited liability company that is
exempt from the tax and fees imposed under this chapter pursuant to
Section 23701h or 23701x, that is formed by one or more persons under
the law of this state, any other country, or any other state, as a
"limited liability company" and that is not taxable as a corporation
for California tax purposes.
(e) Notwithstanding anything in this section to the contrary, if
the office of the Secretary of State files a certificate of
cancellation pursuant to Section 17707.02 of the Corporations Code
for any limited liability company, then paragraph (1) of subdivision
(f) of Section 23153 shall apply to that limited liability company as
if the limited liability company were properly treated as a
corporation for that limited purpose only, and paragraph (2) of
subdivision (f) of Section 23153 shall not apply. Nothing in this
subdivision entitles a limited liability company to receive a
reimbursement for any annual taxes or fees already paid.
(f) (1) Notwithstanding any provision of this section to the
contrary, a limited liability company that is a small business solely
owned by a deployed member of the United States Armed Forces shall
not be subject to the tax imposed under this section for any taxable
year the owner is deployed and the limited liability company operates
at a loss or ceases operation.
(2) The Franchise Tax Board may promulgate regulations as
necessary or appropriate to carry out the purposes of this
subdivision, including a definition for "ceases operation."
(3) For the purposes of this subdivision, all of the following
definitions apply:
(A) "Deployed" means being called to active duty or active service
during a period when a Presidential Executive order specifies that
the United States is engaged in combat or homeland defense. "Deployed"
does not include either of the following:
(i) Temporary duty for the sole purpose of training or processing.
(ii) A permanent change of station.
(B) "Operates at a loss" means a limited liability company's
expenses exceed its receipts.
(C) "Small business" means a limited liability company with total
income from all sources derived from, or attributable, to the state
of two hundred fifty thousand dollars ($250,000) or less.
(4) This subdivision shall become inoperative for taxable years
beginning on or after January 1, 2018.
(g) (1) Notwithstanding subdivision (a), (b), or (f), for taxable
years beginning on or after January 1, 2017, and on or before
January 1, 2020, every limited liability company that is a new
microbusiness shall, for each of the first five
initial taxable years of its existence that begin on
or before January 1, 2020, not to exceed five taxable years,
for which it qualifies as a new microbusiness, pay to the state an
annual tax of:
(A) Two hundred dollars ($200) for a new microbusiness that
reasonably estimates it will have gross receipts, less returns and
allowances, derived from or attributable to this state for the
taxable year of fifty thousand dollars ($50,000) or less.
(B) Four hundred dollars ($400) for a new microbusiness that
reasonably estimates it will have gross receipts, less returns and
allowances, derived from or attributable to this state for the
taxable year of one hundred thousand dollars ($100,000) or less, but
more than fifty thousand dollars ($50,000).
(C) Six hundred dollars ($600) for a new microbusiness that
reasonably estimates it will have gross receipts, less returns and
allowances, derived from or attributable to this state for the
taxable year of one hundred fifty thousand dollars ($150,000) or
less, but more than one hundred thousand dollars ($100,000).
(2) For purposes of this subdivision, the following definitions
shall apply:
(A) (i) "Gross receipts, less returns and allowances" means the
sum of the gross receipts from the production of business income, as
defined in subdivision (a) of Section 25120, and the gross receipts
from the production of nonbusiness income, as defined in subdivision
(d) of Section 25120.
(ii) "Gross receipts, less returns and allowances, derived from or
attributable to this state" shall be determined using the rules for
assigning sales under Sections 25135 and 25136 and the regulations
thereunder, as modified by the regulations under Section 25137, other
than those provisions that exclude receipts from the sales factor.
(B) "New microbusiness" means a limited liability company that on
or after January 1, 2017, is organized under the laws of this state
or has qualified to transact intrastate business in this state and
has first commenced doing business in this state on or after the time
of its organization. In determining whether the taxpayer has first
commenced doing business in this state during the taxable year,
subdivision (f) of Section 17276, without application of paragraph
(7) of that subdivision, shall apply, except that "new microbusiness"
shall be substituted for "new business."
(3) For purposes of this subdivision, the gross receipts derived
from or attributable to the state of any other business, in whatever
form conducted, that is owned, directly or indirectly, by persons,
within the meaning of Section 17007, that are treated as related,
within the meaning of Section 267, 318, or 707 of the Internal
Revenue Code, to the new microbusiness, shall be aggregated with the
gross receipts derived from or attributable to the state of the new
microbusiness to determine whether the new microbusiness qualifies
for the reduced annual tax under this subdivision.
(4) For any taxable year beginning on or after January 1, 2017, if
a limited liability company has qualified to pay a reduced annual
tax under this subdivision for any taxable year, but in that taxable
year, the limited liability company's gross receipts, less returns
and allowances, derived from or attributable to this state, exceed
the amount specified for that reduced amount, an additional tax in an
amount equal to six hundred dollars ($600), four hundred dollars
($400), or two hundred dollars ($200), as applicable, for that
taxable year shall be due and payable by the limited liability
company on the due date of its return, without regard to extension,
for that taxable year.
SEC. 3. Section 17948 of the Revenue and Taxation Code is amended
to read:
17948. (a) For each taxable year beginning on or after January 1,
1997, every limited liability partnership doing business in this
state, as defined in Section 23101, and required to file a return
under Section 18633 shall pay annually to the Franchise Tax Board a
tax for the privilege of doing business in this state in an amount
equal to the applicable amount specified in paragraph (1) of
subdivision (d) of Section 23153 for the taxable year.
(b) In addition to any limited liability partnership that is doing
business in this state and therefore is subject to the tax imposed
by subdivision (a), for each taxable year beginning on or after
January 1, 1997, every registered limited liability partnership that
has registered with the Secretary of State pursuant to Section 16953
of the Corporations Code and every foreign limited liability
partnership that has registered with the Secretary of State pursuant
to Section 16959 of the Corporations Code shall pay annually the tax
prescribed in subdivision (a). The tax shall be paid for each taxable
year, or part thereof, until any of the following occurs:
(1) A notice of cessation is filed with the Secretary of State
pursuant to subdivision (b) of Section 16954 or 16960 of the
Corporations Code.
(2) A foreign limited liability partnership withdraws its
registration pursuant to subdivision (a) of Section 16960 of the
Corporations Code.
(3) The registered limited liability partnership or foreign
limited liability partnership has been dissolved and finally wound
up.
(c) The tax assessed under this section shall be due and payable
on the date the return is required to be filed under Section 18633.
(d) If a taxpayer files a return with the Franchise Tax Board that
is designated as its final return, the Franchise Tax Board shall
notify the taxpayer that the annual tax shall continue to be due
annually until a certificate of cancellation is filed with the
Secretary of State pursuant to Section 16954 or 16960 of the
Corporations Code.
(e) (1) Notwithstanding subdivision (a) or (b), for taxable years
beginning on or after January 1, 2017, and on or before January
1, 2020, every limited liability partnership that is a new
microbusiness shall, for each year of the first five
initial taxable years of its existence that
begin on or before January 1, 2020, not to exceed five taxable
years, for which it qualifies as a new microbusiness, pay
annually to the state an annual tax of:
(A) Two hundred dollars ($200) for a new microbusiness that has
gross receipts, less returns and allowances, derived from or
attributable to this state for the taxable year of fifty thousand
dollars ($50,000) or less.
(B) Four hundred dollars ($400) for a new microbusiness that has
gross receipts, less returns and allowances, derived from or
attributable to this state for the taxable year of one hundred
thousand dollars ($100,000) or less, but more than fifty thousand
dollars ($50,000).
(C) Six hundred dollars ($600) for a new microbusiness that has
gross receipts, less returns and allowances, derived from or
attributable to this state for the taxable year of one hundred fifty
thousand dollars ($150,000) or less, but more than one hundred
thousand dollars ($100,000).
(2) For purposes of this subdivision, the following definitions
shall apply:
(A) (i) "Gross receipts, less returns and allowances," means the
sum of the gross receipts from the production of business income, as
defined in subdivision (a) of Section 25120, and the gross receipts
from the production of nonbusiness income, as defined in subdivision
(d) of Section 25120.
(ii) "Gross receipts, less returns and allowances, derived from or
attributable to this state" shall be determined using the rules for
assigning sales under Sections 25135 and 25136 and the regulations
thereunder, as modified by the regulations under Section 25137, other
than those provisions that exclude receipts from the sales factor.
(B) "New microbusiness" means a limited liability partnership that
on or after January 1, 2017, is organized under the laws of this
state or has qualified to transact intrastate business in this state
and has first commenced doing business in this state on or after the
time of its organization. In determining whether the taxpayer has
first commenced doing business in this state during the taxable year,
subdivision (f) of Section 17276, without application of paragraph
(7) of that subdivision, shall apply, except that "new microbusiness"
shall be substituted for "new business."
(3) For purposes of this subdivision, the gross receipts derived
from or attributable to the state of any other business, in whatever
form conducted, that is owned, directly or indirectly, by persons,
within the meaning of Section 17007, that are treated as related,
within the meaning of Section 267, 318, or 707 of the Internal
Revenue Code, to the new microbusiness, shall be aggregated with the
gross receipts derived from or attributable to the state of the new
microbusiness to determine whether the new microbusiness qualifies
for the reduced annual tax under this subdivision.
SEC. 4. Section 23153 of the Revenue and Taxation Code is amended
to read:
23153. (a) Every corporation described in subdivision (b) shall
be subject to the minimum franchise tax specified in subdivision (d)
from the earlier of the date of incorporation, qualification, or
commencing to do business within this state, until the effective date
of dissolution or withdrawal as provided in Section 23331 or, if
later, the date the corporation ceases to do business within the
limits of this state.
(b) Unless expressly exempted by this part or the California
Constitution, subdivision (a) shall apply to each of the following:
(1) Every corporation that is incorporated under the laws of this
state.
(2) Every corporation that is qualified to transact intrastate
business in this state pursuant to Chapter 21 (commencing with
Section 2100) of Division 1 of Title 1 of the Corporations Code.
(3) Every corporation that is doing business in this state.
(c) The following entities are not subject to the minimum
franchise tax specified in this section:
(1) Credit unions.
(2) Nonprofit cooperative associations organized pursuant to
Chapter 1 (commencing with Section 54001) of Division 20 of the Food
and Agricultural Code that have been issued the certificate of the
board of supervisors prepared pursuant to Section 54042 of the Food
and Agricultural Code. The association shall be exempt from the
minimum franchise tax for five consecutive taxable years, commencing
with the first taxable year for which the certificate is issued
pursuant to subdivision (b) of Section 54042 of the Food and
Agricultural Code. This paragraph only applies to nonprofit
cooperative associations organized on or after January 1, 1994.
(d) (1) Except as provided in paragraph (2), paragraph (1) of
subdivision (f) of Section 23151, paragraph (1) of subdivision (f) of
Section 23181, and paragraph (1) of subdivision (c) of Section
23183, corporations subject to the minimum franchise tax shall pay
annually to the state a minimum franchise tax of eight hundred
dollars ($800).
(2) The minimum franchise tax shall be twenty-five dollars ($25)
for each of the following:
(A) A corporation formed under the laws of this state whose
principal business when formed was gold mining, which is inactive and
has not done business within the limits of the state since 1950.
(B) A corporation formed under the laws of this state whose
principal business when formed was quicksilver mining, which is
inactive and has not done business within the limits of the state
since 1971, or has been inactive for a period of 24 consecutive
months or more.
(3) For purposes of paragraph (2), a corporation shall not be
considered to have done business if it engages in business other than
mining.
(e) Notwithstanding subdivision (a), for taxable years beginning
on or after January 1, 1999, and before January 1, 2000, every
"qualified new corporation" shall pay annually to the state a minimum
franchise tax of five hundred dollars ($500) for the second taxable
year. This subdivision shall apply to any corporation that is a
qualified new corporation and is incorporated on or after January 1,
1999, and before January 1, 2000.
(1) The determination of the gross receipts of a corporation, for
purposes of this subdivision, shall be made by including the gross
receipts of each member of the commonly controlled group, as defined
in Section 25105, of which the corporation is a member.
(2) "Gross receipts, less returns and allowances reportable to
this state," means the sum of the gross receipts from the production
of business income, as defined in subdivision (a) of Section 25120,
and the gross receipts from the production of nonbusiness income, as
defined in subdivision (d) of Section 25120.
(3) "Qualified new corporation" means a corporation that is
incorporated under the laws of this state or has qualified to
transact intrastate business in this state, that begins business
operations at or after the time of its incorporation and that
reasonably estimates that it will have gross receipts, less returns
and allowances, reportable to this state for the taxable year of one
million dollars ($1,000,000) or less. "Qualified new corporation"
does not include any corporation that began business operations as a
sole proprietorship, a partnership, or any other form of business
entity prior to its incorporation. This subdivision shall not apply
to any corporation that reorganizes solely for the purpose of
reducing its minimum franchise tax.
(4) This subdivision shall not apply to limited partnerships, as
defined in Section 17935, limited liability companies, as defined in
Section 17941, limited liability partnerships, as described in
Section 17948, charitable corporations, as described in Section
23703, regulated investment companies, as defined in Section 851 of
the Internal Revenue Code, real estate investment trusts, as defined
in Section 856 of the Internal Revenue Code, real estate mortgage
investment conduits, as defined in Section 860D of the Internal
Revenue Code, qualified Subchapter S subsidiaries, as defined in
Section 1361(b)(3)(B) of the Internal Revenue Code, or to the
formation of any subsidiary corporation, to the extent applicable.
(5) For any taxable year beginning on or after January 1, 1999,
and before January 1, 2000, if a corporation has qualified to pay
five hundred dollars ($500) for the second taxable year under this
subdivision, but in its second taxable year, the corporation's gross
receipts, as determined under paragraphs (1) and (2), exceed one
million dollars ($1,000,000), an additional tax in the amount equal
to three hundred dollars ($300) for the second taxable year shall be
due and payable by the corporation on the due date of its return,
without regard to extension, for that year.
(f) (1) (A) Notwithstanding subdivision (a), every corporation
that incorporates or qualifies to do business in this state on or
after January 1, 2000, shall not be subject to the minimum franchise
tax for its first taxable year.
(B) Notwithstanding subdivision (a), for taxable years beginning
on or after January 1, 2017, and on or before January 1, 2020,
every corporation that is a new microbusiness up to
its first five taxable years shall annually shall, for
each taxable year immediately following its first taxable year that
begins on or before January 1, 2020, not to exceed four
taxable years, for which it qualifies as a new microbusiness,
pay to the state a an annual minimum
franchise tax in an amount specified in clause (i) for its
second, third, fourth, and fifth taxable years of its existence for
which it qualifies as a new microbusiness. (i).
(i) (I) Two hundred dollars ($200) for a new microbusiness that
reasonably estimates that it will have gross receipts, less returns
and allowances, derived from or attributable to this state for the
taxable year of fifty thousand dollars ($50,000) or less.
(II) Four hundred dollars ($400) for a new microbusiness that
reasonably estimates that it will have gross receipts, less returns
and allowances, derived from or attributable to this state
for the taxable year of one
hundred thousand dollars ($100,000) or less, but more than fifty
thousand dollars ($50,000).
(III) Six hundred dollars ($600) for a new microbusiness that
reasonably estimates that it will have gross receipts, less returns
and allowances, derived from or attributable to this state for the
taxable year of one hundred fifty thousand dollars ($150,000) or
less, but more than one hundred thousand dollars ($100,000).
(ii) For purposes of this subparagraph, the following definitions
shall apply:
(I) (ia) "Gross receipts, less returns and allowances," means the
sum of the gross receipts from the production of business income, as
defined in subdivision (a) of Section 25120, and the gross receipts
from the production of nonbusiness income, as defined in subdivision
(d) of Section 25120.
(ib) "Gross receipts, less returns and allowances, derived from or
attributable to this state" shall be determined using the rules for
assigning sales under Sections 25135 and 25136 and the regulations
thereunder, as modified by the regulations under Section 25137, other
than those provisions that exclude receipts from the sales factor.
(II) "New microbusiness" means a limited liability company that on
or after January 1, 2017, is organized under the laws of this state
or has qualified to transact intrastate business in this state and
has first commenced doing business in this state on or after the time
of its organization. In determining whether the taxpayer has first
commenced doing business in this state during the taxable year,
subdivision (f) of Section 17276, without application of paragraph
(7) of that subdivision, shall apply, except that "new microbusiness"
shall be substituted for "new business."
(iii) For purposes of this subparagraph, the gross receipts
derived from or attributable to the state of any other business, in
whatever form conducted, that is owned, directly or indirectly, by
persons, within the meaning of Section 17007, that are treated as
related, within the meaning of Section 267, 318, or 707 of the
Internal Revenue Code, to the new microbusiness, shall be aggregated
with the gross receipts derived from or attributable to the state of
the new microbusiness to determine whether the new microbusiness
qualifies for the reduced minimum franchise tax under this
subparagraph.
(iv) For any taxable year beginning on or after January 1, 2017,
if a corporation has qualified to pay a reduced minimum franchise tax
under this subparagraph for any taxable year, but in that taxable
year, the corporation's gross receipts, less returns and allowances,
derived from or attributable to this state, exceed the amount
specified for that reduced amount, an additional tax in an amount
equal to six hundred dollars ($600), four hundred dollars ($400), or
two hundred dollars ($200), as applicable, for that taxable year
shall be due and payable by the corporation on the due date of its
return, without regard to extension, for that taxable year.
(2) Subparagraph (A) of paragraph (1) shall not apply to limited
partnerships, as defined in Section 17935, limited liability
companies, as defined in Section 17941, limited liability
partnerships, as described in Section 17948, charitable corporations,
as described in Section 23703, regulated investment companies, as
defined in Section 851 of the Internal Revenue Code, real estate
investment trusts, as defined in Section 856 of the Internal Revenue
Code, real estate mortgage investment conduits, as defined in Section
860D of the Internal Revenue Code, and qualified Subchapter S
subsidiaries, as defined in Section 1361(b)(3)(B) of the Internal
Revenue Code, to the extent applicable.
(3) Subparagraph (A) of paragraph (1) shall not apply to any
corporation that reorganizes solely for the purpose of avoiding
payment of its minimum franchise tax.
(g) Notwithstanding subdivision (a), a domestic corporation, as
defined in Section 167 of the Corporations Code, that files a
certificate of dissolution in the office of the Secretary of State
pursuant to subdivision (b) of Section 1905 of the Corporations Code,
prior to its amendment by the act amending this subdivision, and
that does not thereafter do business shall not be subject to the
minimum franchise tax for taxable years beginning on or after the
date of that filing.
(h) The minimum franchise tax imposed by paragraph (1) of
subdivision (d) shall not be increased by the Legislature by more
than 10 percent during any calendar year.
(i) (1) Notwithstanding subdivision (a) or (f), a corporation that
is a small business solely owned by a deployed member of the United
States Armed Forces shall not be subject to the minimum franchise tax
for any taxable year the owner is deployed and the corporation
operates at a loss or ceases operation.
(2) The Franchise Tax Board may promulgate regulations as
necessary or appropriate to carry out the purposes of this
subdivision, including a definition for "ceases operation."
(3) For the purposes of this subdivision, all of the following
definitions apply:
(A) "Deployed" means being called to active duty or active service
during a period when a Presidential Executive order specifies that
the United States is engaged in combat or homeland defense. "Deployed"
does not include either of the following:
(i) Temporary duty for the sole purpose of training or processing.
(ii) A permanent change of station.
(B) "Operates at a loss" means negative net income as defined in
Section 24341.
(C) "Small business" means a corporation with total income from
all sources derived from, or attributable to, the state of two
hundred fifty thousand dollars ($250,000) or less.
(4) This subdivision shall become inoperative for taxable years
beginning on or after January 1, 2018.
SEC. 5. This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.
