- 22 - Before the 1972 amendment, California franchise tax for the income year generally accrued on the first day of the taxable year. Charles Schwab Corp. & Includable Subs. v. Commissioner, 107 T.C. at 297. Although the pre-1972 California franchise tax was measured by the preceding year’s net income, it has been held that it did not accrue until the taxable (or next) year. Central Inv. Corp. v. Commissioner, supra at 132-133. In Schwab I the Court explained that the 1972 amendments were enacted to cause dissolving or withdrawing corporations to be covered by the franchise tax.10 In effect, however, the 1972 amendments changed the accrual date for all California franchise taxpayers from January 1 of the taxable year to December 31 of the income year (preceding year). The above-described rules addressing the franchise tax liability for a corporation’s first year (but less than a full year) of operation are the rules that this Court addressed in Schwab I. Because petitioner’s second year11 franchise tax was based on the second year’s net income under pre-1972 California law, the assessment or accrual, in effect, occurred on December 10 The problem appears to be that a corporation that was dissolved or terminated before the Jan. 1 assessment date could avoid paying the franchise tax for its final year. To remedy this problem, the assessment date was moved back to Dec. 31 of the income year (measuring year). 11 The second year for California franchise tax purposes is petitioner’s first complete year of activity in California (1988).Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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