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California Statutes, Title RTC

California/Statutes

← All California coverage

Title RTC, California Rev. & Tax. Code

419 chapters · 7,339 sections in this title.

All chapters in Title RTC7,339 Ch 3, New Construction1,035 Ch 1, Base Year Values952 Ch 4, Assessment Appeals937 Ch 5, Taxpayer Reporting782 Ch 2, Change in Ownership and Purchase767 Ch 6, Allocation of Property Tax Revenue731 Ch 7, Responsibility of Assessor649 Ch 8, Tax Delinquent Vessels292 Ch 9, Disposition of Proceeds167 Ch 3.5, Change in Ownership and New Construc…148 Ch 10, Rights of Purchaser of Tax-Deeded Pr…86 Ch 13, Gain or Loss on Disposition of Property61 Ch 15, Gain or Loss on Disposition of Property58

44 sections·Filtered byTitle RTC✕Ch 17✕

Rev. & Tax. Code § 25101 Section 25101
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When the income of a taxpayer subject to the tax imposed under this part is derived from or attributable to sources both within and without the state the tax shall be measured by the net income derived from or attributable to sources within this state in accordance with the provi…
Rev. & Tax. Code § 25101.1 Section 25101.1
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The amendments made at the 1957 Regular Session of the Legislature to Section 25101 of the Revenue and Taxation Code shall be applicable only with respect to income years beginning after December 31, 1956. The determination as to whether income derived from or attributable to tra…
Rev. & Tax. Code § 25101.15 Section 25101.15
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If the income of two or more taxpayers is derived solely from sources within this state and their business activities are such that if conducted within and without this state a combined report would be required to determine their business income derived from sources within this s…
Rev. & Tax. Code § 25101.3 Section 25101.3
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The property factor as it relates to the aircraft of an air carrier or foreign air carrier, as defined in Section 1150, or the operator of an air taxi, as defined in Section 1154, shall be allocated on the basis of a formula consisting of time and arrivals and departures as follo…

Rev. & Tax. Code § 25102 Section 25102

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In the case of two or more persons, as defined in Section 19 of this code, owned or controlled directly or indirectly by the same interests, the Franchise Tax Board may permit or require the filing of a combined report and such other information as it deems necessary and is autho…

Rev. & Tax. Code § 25103 Section 25103

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In the case of a corporation doing business within the meaning of this part, whether under agreement or otherwise, in such manner as either directly or indirectly to benefit the members or stockholders of the corporation, or any of them, or any person or persons, directly or indi…

Rev. & Tax. Code § 25104 Section 25104

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In the case of a corporation liable to report under this part owning or controlling, either directly or indirectly, another corporation, or other corporations, and in the case of a corporation liable to report under this part and owned or controlled, either directly or indirectly…

Rev. & Tax. Code § 25105 Section 25105

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(a) For purposes of this article, other than Section 25102, the income and apportionment factors of two or more corporations shall be included in a combined report only if the corporations, otherwise meeting the requirements of Section 25101 or 25101.15, are members of a commonly…

Rev. & Tax. Code § 25106 Section 25106

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(a) (1) In any case in which the income of a corporation is or has been determined under this chapter with reference to the income and apportionment factors of one or more other corporations with which it is doing or has done a unitary business, all dividends paid by one to anoth…

Rev. & Tax. Code § 25106.5 Section 25106.5

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(a) The Franchise Tax Board may adopt regulations necessary to ensure that the tax liability or net income of any taxpayer whose income derived from or attributable to sources within this state which is required to be determined by a combined report pursuant to Section 25101 or 2…

Rev. & Tax. Code § 25107 Section 25107

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(a) For the purposes of allocation and apportionment of income under Sections 25101 and 25121, an international banking facility maintained by a bank within California shall be considered doing business without the state. Intangible personal property and sales reflected on the se…

Rev. & Tax. Code § 25108 Section 25108

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(a) For corporations whose income is subject to the provisions of Section 25101 or 25101.15, the net operating loss determined in accordance with Section 172 of the Internal Revenue Code for a particular taxable year shall be the corporation’s “net loss for state purposes” as def…

Rev. & Tax. Code § 25120 Section 25120

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As used in Sections 25120 to 25139, inclusive, which shall hereafter be referred to as “this act,” unless the context otherwise requires: (a) “Business income” means income arising from transactions and activity in the regular course of the taxpayer’s trade or business and includ…

Rev. & Tax. Code § 25121 Section 25121

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Any taxpayer having income from business activity which is taxable both within and without this state shall allocate and apportion its net income as provided in this act. (Added by Stats. 1966, Ch. 2.)

Rev. & Tax. Code § 25122 Section 25122

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For purposes of allocation and apportionment of income under this act, a taxpayer is taxable in another state if (a) in that state it is subject to a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business, or a corporate stock …

Rev. & Tax. Code § 25123 Section 25123

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Rents and royalties from real or tangible personal property, capital gains, interest, dividends, or patent or copyright royalties, to the extent that they constitute nonbusiness income, shall be allocated as provided in Sections 25124 through 25127 of this act. (Added by Stats. 1…

Rev. & Tax. Code § 25124 Section 25124

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(a) Net rents and royalties from real property located in this state are allocable to this state. (b) Net rent and royalties from tangible personal property are allocable to this state: (1) If and to the extent that the property is utilized in this state, or (2) In their entirety…

Rev. & Tax. Code § 25125 Section 25125

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(a) Capital gains and losses from sales of real property located in this state are allocable to this state. (b) Capital gains and losses from sales of tangible personal property are allocable to this state if: (1) The property had a situs in this state at the time of the sale, or…

Rev. & Tax. Code § 25126 Section 25126

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Interest and dividends are allocable to this state if the taxpayer’s commercial domicile is in this state. (Added by Stats. 1966, Ch. 2.)

Rev. & Tax. Code § 25127 Section 25127

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(a) Patent and copyright royalties are allocable to this state: (1) If and to the extent that the patent or copyright is utilized by the payor in this state, or (2) If and to the extent that the patent or copyright is utilized by the payor in a state in which the taxpayer is not …

Rev. & Tax. Code § 25128 Section 25128

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(a) Notwithstanding Section 38006, for taxable years beginning before January 1, 2013, all business income shall be apportioned to this state by multiplying the business income by a fraction, the numerator of which is the property factor plus the payroll factor plus twice the sal…

Rev. & Tax. Code § 25128.7 Section 25128.7

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Notwithstanding Section 38006, for taxable years beginning on or after January 1, 2013, all business income of an apportioning trade or business, other than an apportioning trade or business described in subdivision (b) of Section 25128, shall be apportioned to this state by mult…

Rev. & Tax. Code § 25128.9 Section 25128.9

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(a) The Legislature finds and declares all of the following: (1) In 1966, the California Legislature enacted the Uniform Division of Income for Tax Purposes Act under Sections 25120 through 25139, inclusive, of the Revenue and Taxation Code. (2) That act provides for the allocati…

Rev. & Tax. Code § 25129 Section 25129

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The property factor is a fraction, the numerator of which is the average value of the taxpayer’s real and tangible personal property owned or rented and used in this state during the taxable year and the denominator of which is the average value of all the taxpayer’s real and tan…

Rev. & Tax. Code § 25130 Section 25130

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Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subr…

Rev. & Tax. Code § 25131 Section 25131

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The average value of property shall be determined by averaging the values at the beginning and ending of the taxable year but the Franchise Tax Board may require the averaging of monthly values during the taxable year if reasonably required to reflect properly the average value o…

Rev. & Tax. Code § 25132 Section 25132

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The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the taxable year by the taxpayer for compensation, and the denominator of which is the total compensation paid everywhere during the taxable year. (Amended by Stats. 2000, Ch. 8…

Rev. & Tax. Code § 25133 Section 25133

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Compensation is paid in this state if: (a) The individual’s service is performed entirely within the state; or (b) The individual’s service is performed both within and without the state, but the service performed without the state is incidental to the individual’s service within…

Rev. & Tax. Code § 25134 Section 25134

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The sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this state during the taxable year, and the denominator of which is the total sales of the taxpayer everywhere during the taxable year. (Amended by Stats. 2000, Ch. 862, Sec. 225. Effecti…

Rev. & Tax. Code § 25135 Section 25135

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(a) Sales of tangible personal property are in this state if: (1) The property is delivered or shipped to a purchaser, other than the United States government, within this state regardless of the f.o.b. point or other conditions of the sale. (2) The property is shipped from an of…

Rev. & Tax. Code § 25136 Section 25136

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(a) Notwithstanding Section 38006, for taxable years beginning on or after January 1, 2013, sales, other than sales of tangible personal property, are in this state if: (1) Sales from services are in this state to the extent the purchaser of the service received the benefit of th…

Rev. & Tax. Code § 25136.1 Section 25136.1

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(a) For taxable years beginning on or after January 1, 2013, a qualified taxpayer that apportions its business income under Section 25128.7 shall apply the following provisions: (1) Notwithstanding Section 25137, qualified sales assigned to this state shall be equal to 50 percent…

Rev. & Tax. Code § 25137 Section 25137

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If the allocation and apportionment provisions of this act do not fairly represent the extent of the taxpayer’s business activity in this state, the taxpayer may petition for or the Franchise Tax Board may require, in respect to all or any part of the taxpayer’s business activity…

Rev. & Tax. Code § 25138 Section 25138

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This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. Enactment of Article IV of the Multistate Tax Compact (as set forth in Section 38006 of the code) pertaining to the allocation and apportionment of income s…

Rev. & Tax. Code § 25139 Section 25139

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Sections 25120 to 25139, inclusive, may be cited as the Uniform Division of Income for Tax Purposes Act. (Added by Stats. 1966, Ch. 2.)

Rev. & Tax. Code § 25140 Section 25140

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Accounting procedures shall be adopted which will separately reflect the revenues attributable to dividends received by corporations having commercial domiciles in this state. In view of pending litigation concerning the proper treatment of intercompany dividends, it is not inten…

Rev. & Tax. Code § 25141 Section 25141

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(a) For purposes of this section, the following definitions shall apply: (1) “Entity” means an individual, corporation, association, partnership, limited liability company, estate, trust, or any combination thereof. (2) “Person” means an individual or corporation. (3) “Profession…

Rev. & Tax. Code § 25110 Section 25110

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(a) Notwithstanding Section 25101, a qualified taxpayer, as defined in paragraph (2) of subdivision (b), that is subject to the tax imposed under this part, may elect to determine its income derived from or attributable to sources within this state pursuant to a water’s-edge elec…

Rev. & Tax. Code § 25111 Section 25111

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(a) For taxable years beginning before January 1, 2003, the making of a water’s-edge election as provided for in Section 25110 shall be made by contract with the Franchise Tax Board in the original return for a year and shall be effective only if every taxpayer that is a member o…

Rev. & Tax. Code § 25111.1 Section 25111.1

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(a) For any taxable year beginning on or after January 1, 1994, consideration for water’s-edge contracts in existence as of that date is no longer provided for by law. Contracts entered into for taxable years beginning prior to January 1, 1994, are rescinded for any periods remai…

Rev. & Tax. Code § 25112 Section 25112

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(a) If a taxpayer electing to file under Section 25110 fails to supply any information described in subdivision (b), the taxpayer shall pay a penalty of one thousand dollars ($1,000) for each taxable year with respect to which the failure occurs. (b) A taxpayer electing to file p…

Rev. & Tax. Code § 25113 Section 25113

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(a) Except as provided in subdivision (f), for taxable years beginning on or after January 1, 2003, the election provided for in Section 25110 shall be made on an original, timely filed return for the year of the election. The election will be considered valid if both of the foll…

Rev. & Tax. Code § 25114 Section 25114

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(a) The Franchise Tax Board, for purposes of administering the provisions of this article, shall examine all returns filed by taxpayers subject to these provisions. (b) (1) In any case of two or more organizations, trades, or businesses, whether or not organized in the United Sta…

Rev. & Tax. Code § 25116 Section 25116

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Notwithstanding paragraph (1) of subdivision (a) of Section 23051.5, when provisions of this article refer to provisions of the Internal Revenue Code that do not otherwise apply for purposes of Part 10.2 (commencing with Section 18401) or this part, the term “Internal Revenue Cod…