§ 24345. — 24345. (Amended by Stats. 2000, Ch. 862, Sec. 128.)

California § 24345.

• Jurisdiction: California
• Code RTC: Revenue and Taxation Code - RTC
• Div. 2.: DIVISION 2. OTHER TAXES
• Part 11.: PART 11. CORPORATION TAX LAW
• Ch. 7.: CHAPTER 7. Net Income
• Art. 1.: ARTICLE 1. Deductions

Text

A deduction shall be allowed for taxes or licenses paid or accrued during the taxable year, except:
(a)
Taxes paid to the state under this part.
(b)
Taxes on or according to or measured by income or profits paid or accrued within the taxable year imposed by the authority of any of the following:
(1)
The Government of the United States or any foreign country.
(2)
Any state, territory, county, school district, municipality, or other taxing subdivision of any state or territory.
(c)
Taxes assessed against local benefits of a kind tending to increase the value of the property assessed, but this does not exclude the allowance as a deduction of so much of the taxes assessed against local benefits as is properly allocable to maintenance or interest charges. Nor does this exclude the allowance of any irrigation or other water district taxes or assessments which are levied for the payment of the principal of any improvement or other bonds for which a general assessment on all lands within the district is levied as distinguished from a special assessment levied on part of the area within the district.
(d)
Federal stamp taxes (not described in subdivision (b) or (c)); but this
subdivision shall not prevent such taxes from being deducted under Section 24343 (relating to trade or business expenses).
(e)
State and local general sales or use taxes. However, there shall be allowed as a deduction, state and local sales or use taxes which are paid or accrued within the taxable year in carrying on a trade or business or an activity described in Section 212 of the Internal Revenue Code (relating to expenses for production of income). Notwithstanding the preceding sentence, any sales or use tax (except where a tax credit is claimed under Section 23612.2) which is paid or accrued by the taxpayer in connection with an acquisition or disposition of property shall be treated as part of the cost of the acquired property or, in the case of a disposition, as a reduction in the amount realized on the disposition.
(f)
For purposes of subdivision (b), “taxes on or
according to or measure by income” shall include any taxes imposed on a dividend that is eliminated from the income of the recipient under Section 25106.

Legislative History

Amended by Stats. 2000, Ch. 862, Sec. 128. Effective January 1, 2001.