§ 19365. — 19365. (Amended by Stats. 2002, Ch. 35, Sec. 32.)

California § 19365.

• Jurisdiction: California
• Code RTC: Revenue and Taxation Code - RTC
• Div. 2.: DIVISION 2. OTHER TAXES
• Part 10.2.: PART 10.2. ADMINISTRATION OF FRANCHISE AND INCOME TAX LAWS
• Ch. 6.: CHAPTER 6. Overpayments and Refunds
• Art. 1.: ARTICLE 1. Claim for Refund

Text

(a)
(1)
A corporation electing to be treated as an “S corporation” for a taxable year beginning in 2002 under Chapter 4.5 (commencing with Section 23800) of Part 11 may file an application for the transfer of an overpayment with respect to payments of estimated tax for taxable years beginning in 2002 to the personal income tax accounts of its shareholders. An application under this subdivision shall not constitute a claim for credit or refund.
(2)
An
application under this subdivision shall be verified in the manner prescribed by Section 18621 in the case of the taxpayer, and shall be filed in the manner and form prescribed by the Franchise Tax Board. The application shall set forth all of the following:
(A)
The amount the “S corporation” estimates as its tax liability under this part for the taxable year, which shall not be less than the greater of 1
percent of its net income or the applicable minimum franchise tax.
1
2
(B)
The amount and date of the estimated tax paid during the taxable year.
(C)
For each shareholder affected, his or her name, social security account number, address, and percentage of ownership, and any changes in that percentage of ownership for
the S corporation’s taxable year, the amount of each overpayment to be transferred, and the date the amount was paid.
(D)
Any other information for purposes of carrying out this section as may be required by the Franchise Tax Board.
(b)
(1)
Within a period of 45 days from the date on which an application for a transfer is filed under subdivision (a), the Franchise Tax Board shall make, to the extent it deems practicable in that period, a limited examination of the application to discover omissions and errors therein, and shall determine the final amount of the transfers upon the basis of the application and the examination, except that the Franchise Tax Board may disallow, without further action, any application which it finds contains material omissions or errors which it deems cannot be corrected within the 45-day period.
(2)
The Franchise Tax Board, within the 45-day period referred to in paragraph (1), may credit the amount of the overpayment against any liability on the part of the taxpayer under Part 11 (commencing with Section 23001).
(3)
In the event the amount available for transfer is less than requested by the taxpayer, the overpayment amount shall be allocated among the shareholders on a pro rata basis based on their percentage of ownership stated on the application.
(4)
For purposes of Part 10 (commencing with Section 17001), Part 11 (commencing with Section 23001), and this part, the transferred amounts shall be treated as if they had been estimated tax payments paid by the respective shareholders on the date originally paid by the corporation.
(5)
No
application under subdivision (a) shall be allowed unless the amount to be transferred equals or exceeds five hundred dollars ($500).
(6)
Each S corporation which files an application for transfer of overpayments under subdivision (a) shall furnish to each person who is a shareholder at any time during the taxable year a statement showing amounts and dates of the overpayments being transferred to that person’s personal income tax account.

Legislative History

Amended by Stats. 2002, Ch. 35, Sec. 32. Effective May 8, 2002.