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California Laws | Revenue and Taxation Code
DIVISION 2. OTHER TAXES
PART 10. PERSONAL INCOME TAX

(3) The credit allowed by Section 17053.5 (relating to renter's tax credit). (12262)

(4) The credit allowed by Section 17053.80 (relating to full time employment hiring credit). (12263)

(5) The credit allowed by Section 17054 (relating to credit for personal exemption). (12264)

(6) The credit allowed by Section 17054.5 (relating to credit for qualified joint custody head of household and a qualified taxpayer with a dependent parent). (12265)

(7) The credit allowed by Section 17054.7 (relating to credit for senior head of household). (12266)

(8) The credit allowed by Section 17061 (relating to refunds pursuant to the Unemployment Insurance Code). (12267)

(c) For purposes of this section, the "applicable amount" shall be equal to 50 percent of the "net tax" (as defined in Section 17039) before application of any credits. (12268)

(d) The amount of any credit otherwise allowable for the taxable year under Section 17039 that is not allowed due to application of this section shall remain a credit carryover amount under this part. (12269)

(e) The carryover period for any credit that is not allowed due to the application of this section shall be increased by the number of taxable years the credit (or any portion thereof) was not allowed. (12270)

(f) Notwithstanding anything to the contrary in this part or Part 10.2 (commencing with Section 18401) the credits listed in subdivision (b) shall be required to be applied before any business credits, as limited by subdivision (a), are applied. (12271)

(g) The provisions of this section shall not apply to a taxpayer with net business income of less than five hundred thousand dollars ($500,000) for the taxable year. For purposes of this subdivision, business income means: (12272)

(1) Income from a trade or business, whether conducted by the taxpayer or by a pasthrough entity owned directly or indirectly by the taxpayer. For purposes of this paragraph, the term "passthrough entity" means a partnership or an "S" corporation. (12273)

(2) Income from rental activity. (12274)

(3) Income attributable to a farming business. (12275)

CHAPTER 2. IMPOSITION OF TAX (17041-17061) (12276)(Text)

17041. (a) (1) There shall be imposed for each taxable year upon the entire taxable income of every resident of this state who is not a part-year resident, except the head of a household as defined in Section 17042, taxes in the following amounts and at the following rates upon the amount of taxable income computed for the taxable year as if the resident were a resident of this state for the entire taxable year and for all prior taxable years for any carryover items, deferred income, suspended losses, or suspended deductions: (12277)

If the taxable income The tax is: (12278)

is: (12279)

Not over $3,650........ 1% of the taxable income (12280)

Over $3,650 but $36.50 plus 2% of the (12281)

not excess (12282)

over $8,650............ over $3,650 (12283)

Over $8,650 but $136.50 plus 4% of the (12284)

not excess (12285)

over $13,650........... over $8,650 (12286)

Over $13,650 but $336.50 plus 6% of the (12287)

not excess (12288)

over $18,950........... over $13,650 (12289)

Over $18,950 but $654.50 plus 8% of (12290)

not the (12291)

over $23,950........... excess (12292)

over $18,950 (12293)

$1,054.50 plus 9.3% of (12294)

Over $23,950........... the (12295)

excess (12296)

over $23,950 (12297)

(2) For taxable years beginning on or after January 1, 2009, and before January 1, 2011, the percentages specified in the table in paragraph (1) shall be increased by adding 0.25 percent to each percentage. (12298)

(b) (1) There shall be imposed for each taxable year upon the taxable income of every nonresident or part-year resident, except the head of a household as defined in Section 17042, a tax as calculated in paragraph (2). (12299)

(2) The tax imposed under paragraph (1) shall be calculated by multiplying the "taxable income of a nonresident or part-year resident," as defined in subdivision (i), by a rate (expressed as a percentage) equal to the tax computed under subdivision (a) on the entire taxable income of the nonresident or part-year resident as if the nonresident or part-year resident were a resident of this state for the taxable year and as if the nonresident or part-year resident were a resident of this state for all prior taxable years for any carryover items, deferred income, suspended losses, or suspended deductions, divided by the amount of that income. (12300)

(c) (1) There shall be imposed for each taxable year upon the entire taxable income of every resident of this state who is not a part-year resident for that taxable year, when the resident is the head of a household, as defined in Section 17042, taxes in the following amounts and at the following rates upon the amount of taxable income computed for the taxable year as if the resident were a resident of the state for the entire taxable year and for all prior taxable years for carryover items, deferred income, suspended losses, or suspended deductions: (12301)

If the taxable income The tax is: (12302)

is: (12303)

Not over $7,300......... 1% of the taxable (12304)

income (12305)

Over $7,300 but $73 plus 2% of the (12306)

not excess (12307)

over $17,300............ over $7,300 (12308)

Over $17,300 but $273 plus 4% of the (12309)

not excess (12310)

over $22,300............ over $17,300 (12311)

Over $22,300 but $473 plus 6% of the (12312)

not excess (12313)

over $27,600............ over $22,300 (12314)

Over $27,600 but $791 plus 8% of the (12315)

not excess (12316)

over $32,600............ over $27,600 (12317)

$1,191 plus 9.3% of the (12318)

Over $32,600............ excess (12319)

over $32,600 (12320)

(2) For taxable years beginning on or after January 1, 2009, and before January 1, 2011, the percentages specified in the table in paragraph (1) shall be increased by adding 0.25 percent to each percentage. (12321)

(d) (1) There shall be imposed for each taxable year upon the taxable income of every nonresident or part-year resident when the nonresident or part-year resident is the head of a household, as defined in Section 17042, a tax as calculated in paragraph (2). (12322)

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