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

17948.2. A registered limited liability partnership or foreign limited liability partnership shall not be subject to the taxes and fees imposed by this chapter if the registered limited liability partnership or foreign limited liability partnership did no business in this state during the taxable year and the taxable year was 15 days or less. (14836)

17948.3. (a) A registered limited liability partnership shall not be subject to the taxes imposed by this chapter for a taxable year if the registered limited liability partnership does all of the following: (14837)

(1) Files with the Franchise Tax Board a timely final annual tax return for the preceding taxable year. (14838)

(2) Does not do business within this state after the end of the taxable year for which the final annual tax return was filed. (14839)

(3) Files a notice in accordance with subdivision (b) of Section 16954 or subdivision (b) of Section 16960 of the Corporations Code with the Secretary of State before the end of the 12-month period beginning with the date of the final annual tax return was filed. (14840)

(b) For purposes of this section, a "final annual tax return" is a return described in Section 18633 that is filed on or before the due date of the return, as extended, that the taxpayer designates in the manner prescribed by the Franchise Tax Board as the taxpayer's final annual tax return for purposes of the tax imposed under this chapter. For purposes of this chapter, a "final annual tax return" is a return filed pursuant to Section 18633 where the taxpayer is not required to file a subsequent return to reflect the imposition of tax under this chapter. (14841)

CHAPTER 11. GROSS INCOME OF NONRESIDENTS (17951-17955) (14842)(Text)

17951. (a) For purposes of computing "taxable income of a nonresident or part-year resident" under paragraph (1) of subdivision (i) of Section 17041, in the case of nonresident taxpayers the gross income includes only the gross income from sources within this state. (14843)

(b) Notwithstanding subdivision (a), the gross income of a nonresident taxpayer does not include income not subject to the Personal Income Tax Law (Part 10 (commencing with Section 17001) of Division 2) by operation of the following federal laws: (14844)

(1) Section 11108 of Title 46, United States Code, relating to compensation for the performance of duties of certain merchant seamen. (14845)

(2) Section 11502 of Title 49, United States Code, relating to compensation of an employee of a rail carrier. (14846)

(3) Section 14503 of Title 49, United States Code, relating to compensation of an employee of a motor carrier. (14847)

(4) Section 40116 of Title 49, United States Code, relating to the pay of an employee of an air carrier. (14848)

(5) Section 571 of Title 50, Appendix, United States Code, relating to military compensation of service members. (14849)

17952. For purposes of computing "taxable income of a nonresident or part-year resident" under paragraph (1) of subdivision (i) of Section 17041, income of nonresidents from stocks, bonds, notes, or other intangible personal property is not income from sources within this state unless the property has acquired a business situs in this state, except that if a nonresident buys or sells such property in this state or places orders with brokers in this state to buy or sell such property so regularly, systematically, and continuously as to constitute doing business in this state, the profit or gain derived from such activity is income from sources within this state irrespective of the situs of the property. (14850)

17952.5. (a) For purposes of computing "taxable income of a nonresident or part-year resident" under paragraph (1) of subdivision (i) of Section 17041, gross income of a nonresident, as defined in Section 17015, from sources within this state shall not include "qualified retirement income" received on or after January 1, 1996, for any part of the taxable year during which the taxpayer was not a resident of this state. (14851)

(b) For purposes of this section, "qualified retirement income" means income from any of the following: (14852)

(1) A qualified trust under Section 401(a) of the Internal Revenue Code that is exempt under Section 501(a) of the Internal Revenue Code from taxation. (14853)

(2) A simplified employee pension as defined in Section 408(k) of the Internal Revenue Code. (14854)

(3) An annuity plan described in Section 403(a) of the Internal Revenue Code. (14855)

(4) An annuity contract described in Section 403(b) of the Internal Revenue Code. (14856)

(5) An individual retirement plan described in Section 7701(a)(37) of the Internal Revenue Code. (14857)

(6) An eligible deferred compensation plan as defined in Section 457 of the Internal Revenue Code. (14858)

(7) A governmental plan as defined in Section 414(d) of the Internal Revenue Code. (14859)

(8) A trust described in Section 501(c)(18) of the Internal Revenue Code. (14860)

(9) Any plan, program, or arrangement described in Section 3121(v) (2)(C) of the Internal Revenue Code, or any plan, program, or arrangement that is in writing, that provides for retirement payments in recognition of prior service to be made to a retired partner, and that is in effect immediately before retirement begins, if that income is either of the following: (14861)

(A) Part of a series of substantially equal periodic payments (not less frequently than annually), which may include income described in paragraphs (1) to (8), inclusive, made for either of the following: (14862)

(i) The life or the life expectancy of the recipient (or the joint lives or joint life expectancies of the recipient and the designated beneficiary of the recipient). (14863)

(ii) A period of not less than 10 years. (14864)

(B) A payment received after termination of employment, under a plan, program, or arrangement to which that employment relates, maintained solely for the purpose of providing retirement benefits for employees in excess of the limitation imposed by Section 401(a) (17), 401(k), 401(m), 402(g), 403(b), 408(k), or 415 of the Internal Revenue Code, or any combination of those sections, or any other limitation on contributions or benefits in the Internal Revenue Code on plans to which any of those sections apply. (14865)

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