BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1775


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          Date of Hearing:  April 18, 2016


                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION


                           Sebastian Ridley-Thomas, Chair





          AB 1775  
          (Obernolte) - As Amended April 13, 2016


          Majority vote.  Fiscal committee.


          SUBJECT:  Income taxes:  returns:  due dates


          SUMMARY:  Conforms with federal law, for taxable years beginning  
          on or after January 1, 2016, the tax return due dates for  
          partnerships, limited liability companies (LLCs), "C"  
          corporations, and "S" corporations under the Personal Income Tax  
          (PIT) Law and Corporation Tax (CT) Law.  Specifically, this  
          bill:  


          1)Requires a "C" corporation or a LLC classified as a  
            corporation to file a return by the fifteenth day of the  
            fourth month following the close of its taxable year.


          2)Provides that a "S" corporation must file a return by the  
            fifteenth day of the third month following the close of its  
            taxable year.









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          3)Requires a partnership or a LLC classified as a partnership to  
            file a return by the fifteenth day of the third month  
            following the close of its taxable year.


          4)Requires a LLC doing business in the state that is disregarded  
            to file a return on the schedule required by the owner entity.


          5)Requires that the taxes for a corporation ceasing to do  
            business within the state during any taxable year, that does  
            not dissolve or withdraw from the state nor resume doing  
            business during the following table year, are due and payable  
            upon the latter date: 


             a)   At the time the corporation resumes doing business; or,


             b)   On or before the due date of the return for its taxable  
               year. 


          EXISTING LAW:  


          1)Requires "C" corporations, "S" corporations, and LLCs  
            classified as a corporation to file returns by the fifteenth  
            day of the third month following the close of its taxable  
            year, in conformity with federal law for taxable years  
            beginning before January 1, 2016.


          2)Requires a partnership or LLC classified as a partnership to  
            file a return by the fifteenth day of the fourth month  
            following the close of its taxable year, in conformity with  
            federal law for taxable years beginning before January 1,  
            2016.








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          FISCAL EFFECT:  The FTB estimates this bill would not impact  
          state income or franchise tax revenues, and would result in  
          undetermined administrative costs.





          COMMENTS:  


           1)Author's Statement  :  The Author has provided the following  
            statement in support of this bill:  "AB 1775 would conform  
            state and federal tax law to streamline the preparation  
            process and reduce complexity for taxpayers and businesses."


           2)Changes at the Federal Level  :  In 2015, Congress enacted  
            legislation to shorten the tax return due date for  
            partnerships by one month, and extend the due date for "C"  
            corporations by one month so that the filing deadline for  
            partnerships would precede the due dates of their individual  
            and corporate investors.  These new federal due dates are  
            intended to alleviate timing pressures and provide a more  
            logical flow of information for a more efficient tax  
            preparation process.


           3)The Importance of Federal Conformity  :  Changed federal tax  
            return due dates means that California tax return due dates  
            for similar filings are currently out of conformity, impacting  
            many California taxpayers that would then need to comply with  
            multiple tax deadlines for similar returns.  When changes are  
            made to the federal income tax law, California does not  
            automatically adopt such provisions.  Instead, state  
            legislation is needed to conform to most of those changes.   
            Maintaining conformity with federal law reduces taxpayer  








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            errors and eases tax filing and administration.  


           4)Special Rule for "C" Corporations  :  Federal law now requires  
            "C" corporations to file a return by the fifteenth day of the  
            fourth month following the close of its taxable year.   
            However, a special rule applies to "C" corporations with a  
            fiscal year (FY) ending June 30; the new law will not apply  
            for these taxpayers until returns for tax years beginning  
            after 2025.  Thus, these specific "C" corporations will be  
            required to file federal returns one month earlier than their  
            "C" corporation counterparts, on September 15 instead of  
            October 15, until the 2026 tax year.


            This bill does not make a similar distinction between "C"  
            corporations, and requires all "C" corporations to file state  
            tax returns by the fifteenth day of the fourth month following  
            the close of its taxable year - October 15 for "C"  
            corporations with a FY ending June 30 and April 15 for all  
            others.  Thus, the state tax return due date for "C"  
            corporations with a FY ending June 30 will be one month later  
            than the federal tax return due date until the 2026 tax year.   
            Although this provision is technically out of conformity, it  
            is considered to be taxpayer friendly since taxpayers  
            generally file all their taxes at once, and any corporation  
            filing in accordance will federal law will also meet the  
            requirements of state law.


           5)Related Legislation  :  AB 2338 (Chavez) would similarly conform  
            state tax return due dates with federal law, but also makes  
            other changes regarding due dates for certain taxes.  This  
            bill is pending hearing by this Committee.


          REGISTERED SUPPORT / OPPOSITION:










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          Support


          California Taxpayers Association




          




          Opposition


          None on file




          Analysis Prepared by:Irene Ho / REV. & TAX. / (916) 319-2098