The Charles Schwab Corporation and Subsidiaries - Page 21

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          expressed exception to this approach concerns corporations with a           
          tax year beginning or ending during the taxable year.                       
               Generally, and before the 1972 amendments, a corporation               
          beginning its first full taxable year in California paid                    
          franchise tax based on the net income for the first taxable year.           
          In the next and successive years (second year and later) the                
          corporation’s franchise tax liability was based on the income               
          year (first or preceding year).  Cal. Rev. & Tax. Code sec. 23222           
          (West 1992).                                                                
               When a corporation’s first operational year is less than 12            
          months, California’s franchise tax treatment is different.  The             
          difference occurs with respect to the second operational year.              
          For the first year the corporation is required to file a                    
          franchise tax return within 2-1/2 months from the end of the                
          first short year.  In effect, this tax is a prepayment of the tax           
          for the second year.  For the second year, the corporation would            
          again file a return within 2-1/2 months from the end of the                 
          second year and pay tax based on its second year’s net income.              
          Because of the prepayment based on the first short year, the                
          corporation is entitled to a credit against the second year’s               
          franchise tax liability.  In that type of situation, beginning in           
          the third year, the franchise tax obligation would be based on              
          the income year (second year or first complete year in this                 
          example) and so on.  See id. sec. 23222(a).                                 






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Last modified: May 25, 2011