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California Laws | Revenue and Taxation Code
DIVISION 2. OTHER TAXES
PART 10.7. TAXPAYERS' BILL OF RIGHTS (21001-21028)

(c) This section shall be operative for communications made on or after the effective date of the act adding this section. (19089)

PART 11. CORPORATION TAX LAW (19090)(Text)

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS (19091)(Text)

Article 1. General Provisions (23001-23004) (19092)(Text)

23001. This part is known and may be cited as the Corporation Tax Law. (19093)

23002. Except where otherwise expressly provided, all of the provisions of this part are applicable to the taxes imposed respectively under Chapter 2 (commencing with Section 23101), Chapter 2.5 (commencing with Section 23400), or Chapter 3 (commencing with Section 23501), or to the predecessor acts of this part, the Bank and Corporation Franchise Tax Act or the Corporation Income Tax Act, respectively. (19094)

23003. A reference made in this part by number without further identification: (19095)

(a) To a division, is a reference to that division of this code. (19096)

(b) To a part, is a reference to that part in this division. (19097)

(c) To a chapter, is a reference to that chapter in which it is made. (19098)

(d) To an article, is a reference to that article in the chapter in which it is made. (19099)

23004. Whenever this part refers to "regulations of the Franchise Tax Board," or makes similar reference, the reference authorizes the Franchise Tax Board to make rules and regulations as to the subject matter concerning which the reference is made. (19100)

Article 2. Definitions (23030-23060) (19101)(Text)

23030. Except where the context otherwise requires, the definitions given in this chapter govern the construction of this part. (19102)

23031. "Franchise Tax Board" means the Franchise Tax Board described in Part 10 (commencing with Section 15700) of Division 3 of Title 2 of the Government Code. (19103)

"Board" means the State Board of Equalization. (19104)

23032. "Fiscal year" means an accounting period of twelve months or less ending on the last day of any month other than December. (19105)

23033. "Paid or incurred" and "paid or accrued" shall be construed according to the method of accounting upon the basis of which net income is computed. (19106)

23034. "State" includes the District of Columbia, and the possessions of the United States. (19107)

23035. "Counsel for the Franchise Tax Board" means attorney or attorneys appointed or employed by the Franchise Tax Board and acting subject to the approval and under the supervision of the Attorney General. (19108)

23036. (a) (1) The term "tax" includes any of the following: (19109)

(A) The tax imposed under Chapter 2 (commencing with Section 23101). (19110)

(B) The tax imposed under Chapter 3 (commencing with Section 23501). (19111)

(C) The tax on unrelated business taxable income, imposed under Section 23731. (19112)

(D) The tax on S corporations imposed under Section 23802. (19113)

(2) The term "tax" does not include any amount imposed under paragraph (1) of subdivision (e) of Section 24667 or paragraph (2) of subdivision (f) of Section 24667. (19114)

(b) For purposes of Article 5 (commencing with Section 18661) of Chapter 2, Article 3 (commencing with Section 19031) of Chapter 4, Article 6 (commencing with Section 19101) of Chapter 4, and Chapter 7 (commencing with Section 19501) of Part 10.2, and for purposes of Sections 18601, 19001, and 19005, the term "tax" also includes all of the following: (19115)

(1) The tax on limited partnerships, imposed under Section 17935, the tax on limited liability companies, imposed under Section 17941, and the tax on registered limited liability partnerships and foreign limited liability partnerships imposed under Section 17948. (19116)

(2) The alternative minimum tax imposed under Chapter 2.5 (commencing with Section 23400). (19117)

(3) The tax on built-in gains of S corporations, imposed under Section 23809. (19118)

(4) The tax on excess passive investment income of S corporations, imposed under Section 23811. (19119)

(c) Notwithstanding any other provision of this part, credits are allowed against the "tax" in the following order: (19120)

(1) Credits that do not contain carryover provisions. (19121)

(2) Credits that, when the credit exceeds the "tax," allow the excess to be carried over to offset the "tax" in succeeding taxable years, except for those credits that are allowed to reduce the "tax" below the tentative minimum tax, as defined by Section 23455. The order of credits within this paragraph shall be determined by the Franchise Tax Board. (19122)

(3) The minimum tax credit allowed by Section 23453. (19123)

(4) Credits that are allowed to reduce the "tax" below the tentative minimum tax, as defined by Section 23455. (19124)

(5) Credits for taxes withheld under Section 18662. (19125)

(d) Notwithstanding any other provision of this part, each of the following applies: (19126)

(1) No credit may reduce the "tax" below the tentative minimum tax (as defined by paragraph (1) of subdivision (a) of Section 23455), except the following credits: (19127)

(A) The credit allowed by former Section 23601 (relating to solar energy). (19128)

(B) The credit allowed by former Section 23601.4 (relating to solar energy). (19129)

(C) The credit allowed by former Section 23601.5 (relating to solar energy). (19130)

(D) The credit allowed by Section 23609 (relating to research expenditures). (19131)

(E) The credit allowed by former Section 23609.5 (relating to clinical testing expenses). (19132)

(F) The credit allowed by Section 23610.5 (relating to low-income housing). (19133)

(G) The credit allowed by former Section 23612 (relating to sales and use tax credit). (19134)

(H) The credit allowed by Section 23612.2 (relating to enterprise zone sales or use tax credit). (19135)

(I) The credit allowed by former Section 23612.6 (relating to Los Angeles Revitalization Zone sales tax credit). (19136)

(J) The credit allowed by former Section 23622 (relating to enterprise zone hiring credit). (19137)

(K) The credit allowed by Section 23622.7 (relating to enterprise zone hiring credit). (19138)

(L) The credit allowed by former Section 23623 (relating to program area hiring credit). (19139)

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