§ 23703.5. — 23703.5. (Amended by Stats. 2005, Ch. 691, Sec. 55.)

California § 23703.5.

• Jurisdiction: California
• Code RTC: Revenue and Taxation Code - RTC
• Div. 2.: DIVISION 2. OTHER TAXES
• Part 11.: PART 11. CORPORATION TAX LAW
• Ch. 4.: CHAPTER 4. Exempt Corporations
• Art. 1.: ARTICLE 1. Exemptions From This Part

Text

Section 501(p) of the Internal Revenue Code, relating to suspension of tax-exempt status of terrorist organizations, shall apply, except as otherwise provided:
(a)
References to Section 501(a) of the Internal Revenue Code shall be modified to refer to Section 23701.
(b)
Section 501(p)(4) of the Internal Revenue Code is modified by substituting the phrase “under Part 10 (commencing with Section 17001) and this part” for the
phrase “under any provision of this title, including Sections 170, 545(b)(2), 556(b)(2), 642(c), 2055, 2106(a)(2), and 2522” contained therein.
(c)
This section shall apply only during the period described in Section 501(p)(3) of the Internal Revenue Code that the federal tax exemption of the organization described in Section 501(p)(2) of the Internal Revenue Code is suspended for federal income tax purposes under Section 501(p)(1) of the Internal Revenue Code.
(d)
Section 501(p)(5) of the Internal Revenue Code shall not apply and in lieu thereof, notwithstanding any other provision of law, no organization or other person may challenge a suspension under this section, a designation or identification described in Section 501(p)(2) of the Internal Revenue Code, the period of suspension described in Section 501(p)(3) of the Internal Revenue Code, or a denial of a deduction under
Section 501(p)(4) of the Internal Revenue Code as modified in subdivision (b) in any administrative or judicial proceeding relating to the California tax liability of the organization or other person.
(e)
(1)
Credit or refund (with interest) with respect to an overpayment shall be made if all of the following apply with respect to that overpayment:
(A)
The tax exemption of any organization described in Section 501(p)(2) of the Internal Revenue Code is suspended under this section.
(B)
Each designation and identification described in Section 501(p)(2) of the Internal Revenue Code which has been made with respect to that organization is determined to be erroneous under Section 501(p)(6) of the Internal Revenue Code for federal income tax purposes.
(C)
The erroneous designations and identifications result in an overpayment of income tax for any taxable year by that organization.
(2)
If the credit or refund of any overpayment of tax described in subparagraph (C) of paragraph (1) is prevented at any time by the operation of any law or rule of law (including res judicata), the credit or refund may nevertheless be allowed or made if the claim therefor is filed before the close of the one-year period beginning on the date of the last determination described in subparagraph (B) of paragraph (1).
(f)
This section shall apply to designations made before, on, or after November 11, 2003.

Legislative History

Amended by Stats. 2005, Ch. 691, Sec. 55. Effective October 7, 2005.