BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 318|
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                                 THIRD READING


          Bill No:  AB 318
          Author:   Skinner (D)
          Amended:  8/14/12 in Senate
          Vote:     21

           
           SENATE GOVERNANCE & FINANCE COMMITTEE  :  8-0, 6/13/12
          AYES:  Wolk, Dutton, DeSaulnier, Fuller, Hernandez, Kehoe, 
            La Malfa, Liu

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  75-0, 1/26/12 (Consent) - See last page 
            for vote


           SUBJECT  :    Franchise Tax Board:  administration

           SOURCE  :     Franchise Tax Board


           DIGEST :    This bill conforms Californias income tax laws 
          to the federal income tax law regarding the definition of a 
          legal holiday for tax purposes.

           Senate Floor Amendments  of 8/14/12 subject limited 
          liability company's (LLC) to the same filing penalties 
          currently imposed on other corporations.

           ANALYSIS  :    Federal law requires calendar year tax filers 
          to file their taxes by April 15th.  If the deadline falls 
          on a Saturday, Sunday, or legal holiday, returns and 
          payments may be filed or mailed on the next succeeding day. 
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           "Legal holiday" means a legal holiday in the District of 
          Columbia or in a state where an Internal Revenue Service 
          (IRS) office is located. 

          State law sets due dates for income tax returns and 
          payments.  The Franchise Tax Board (FTB) is required to 
          design tax forms that build on federal income tax returns.  
          In California, taxes are still due on April 15th, resulting 
          in different state and federal tax filing days in some 
          years.

          Existing law also provides that a foreign corporation that 
          fails to qualify to do business in California, or any 
          corporation whose powers, rights or privileges have been 
          forfeited or suspended, and which is doing business in 
          California, may be subject to a $2,000 penalty for failure 
          to file a return (unless the failure to file is due to 
          reasonable cause).  This penalty only applies to 
          corporations, including S corporations and domestic 
          corporations, but not LLCs.

          This bill expands the definition of a legal holiday to 
          include legal holidays recognized by the IRS for personal 
          income and corporate income tax purposes. 

          This bill makes the existing $2,000 corporate failure 
          penalty apply to foreign LLCs and domestic LLCs unless 
          there is reasonable cause and not willful neglect.  This 
          bill provides that the penalty shall be imposed if the 
          return is not filed within 60 days after FTB sends the LLC 
          a notice and demand to file the required return.  

           Comments

           California tax filers are sometimes confused when the FTB's 
          forms and instructions require taxpayers to use federal tax 
          return information, but the due date for federal returns is 
          later than the due date for California returns.  To avoid 
          confusion, the FTB administratively changes the due date 
          for each affected year to match the IRS's due date.  
          However, this process is time-consuming and cumbersome, 
          requiring the FTB's forms staff to get approval from its 
          internal departments to change the due date each year this 
          is necessary.  By codifying the IRS's definition of a legal 

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          holiday in California's statutes, the FTB will (1) have 
          statutory authority to automatically change the due date 
          for each affected tax year, thereby streamlining what is a 
          multi-step administrative process; and (2) eliminate 
          taxpayers' confusion when there is a federally recognized 
          holiday. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          SUPPORT  :   (Verified  8/17/12)

          Franchise Tax Board (source)
          AFSCME


           ASSEMBLY FLOOR  :  75-0, 1/26/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, 
            Hagman, Hall, Hayashi, Roger Hernández, Hill, Huber, 
            Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, 
            Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, 
            Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, 
            Perea, V. Manuel Pérez, Portantino, Silva, Skinner, 
            Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, 
            Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Davis, Gorell, Halderman, Harkey, Smyth


          AGB:d   8/17/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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