- 21 - 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).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011