§ 24346. — 24346. (Amended by Stats. 2000, Ch. 862, Sec. 129.)

California § 24346.

• 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)
For purposes of subdivision (a) of Section 24345, if real property is sold during any real property tax year, then—
(1)
So much of the real property tax as is properly allocable to that part of the year which ends on the day before the date of the sale shall be treated as a tax imposed on the seller; and
(2)
So much of that tax as is properly allocable to that part of the year which begins on the date of the sale shall be treated as a tax imposed on the purchaser.
(b)
(1)
In the case of any sale of real property; if—
(A)
A corporation may not, by reason of its method of accounting, deduct any amount for taxes unless paid; and
(B)
The other party to the sale is (under the law imposing the real property tax) liable for the real property tax for the real property tax year;
then for purposes of subdivision (a) of Section 24345 the corporation shall be treated as having paid, on the date of the
sale, so much of the tax as, under subdivision (a), is treated as imposed on the corporation. For purposes of the preceding sentence, if neither party is liable for the tax, then the party holding the property at the time the tax becomes a lien on the property shall be considered liable for the real property tax for the real property tax year.
(2)
Subdivision (a) shall apply to taxable years beginning after December 31, 1960, but only in the case of sales after December 31, 1960.
(3)
Subdivision (a) shall not apply to any real property tax, to the extent that the tax was allowable as a deduction under the Bank and Corporation Tax Law of 1954 to the seller for a taxable year which began before January 1, 1961.
(4)
In the case of any sale of real property, if the corporation’s net income for the taxable year during
which the sale occurs is computed under an accrual method of accounting, and if no election under subdivision (b) of Section 24681 (relating to the accrual of real property taxes) applies, then, for purposes of subdivision (a) of Section 24345, that portion of the tax that—
(A)
Is treated, under subdivision (a), as imposed on the corporation; and
(B)
May not, by reason of the corporation’s method of accounting, be deducted by the corporation for any taxable year,
shall be treated as having accrued on the date of the sale.

Legislative History

Amended by Stats. 2000, Ch. 862, Sec. 129. Effective January 1, 2001.