General Provisions and Definitions

Cal. RTC § 17039.2

California Statutes

(

a) Notwithstanding any provision of this part or

Part 10.2 (commencing with

Section 18401) to the contrary, for each taxable year beginning on or after January 1, 2008, and before January 1, 2010, the total of all business credits otherwise allowable under any credit under any provision of

Chapter 2 (commencing with

Section 17041), including the carryover of any business credit under a former provision of that chapter, for the taxable year shall not reduce the “net tax” (as defined in

Section 17039) below the applicable amount. (

b) For purposes of this section, “business credit” means a credit allowable under any provision of

Chapter 2 (commencing with

Section 17041) other than the following credits:

(1) The credit allowed by

Section 17052.6 (relating to credit for household and dependent care).

(2) The credit allowed by

Section 17052.25 (relating to credit for adoption costs).

(3) The credit allowed by

Section 17053.5 (relating to renter’s tax credit).

(4) The credit allowed by

Section 17053.80 (relating to full time employment hiring credit).

(5) The credit allowed by

Section 17054 (relating to credit for personal exemption).

(6) The credit allowed by

Section 17054.5 (relating to credit for qualified joint custody head of household and a qualified taxpayer with a dependent parent).

(7) The credit allowed by

Section 17054.7 (relating to credit for senior head of household).

(8) The credit allowed by

Section 17061 (relating to refunds pursuant to the Unemployment Insurance Code). (

c) For purposes of this section, the “applicable amount” shall be equal to percent of the “net tax” (as defined in

Section 17039) before application of any credits. (

d) The amount of any credit otherwise allowable for the taxable year under

Section that is not allowed due to application of this

section shall remain a credit carryover amount under this part. (

e) The carryover period for any credit that is not allowed due to the application of this

section shall be increased by the number of taxable years the credit (or any portion thereof) was not allowed. (

f) Notwithstanding anything to the contrary in this part or

Part 10.2 (commencing with

Section 18401) the credits listed in subdivision (

b) shall be required to be applied before any business credits, as limited by subdivision (a), are applied. (

g) The provisions of this

section shall not apply to a taxpayer with net business income of less than five hundred thousand dollars ($500,000) for the taxable year. For purposes of this subdivision, business income means:

(1) Income from a trade or business, whether conducted by the taxpayer or by a pasthrough entity owned directly or indirectly by the taxpayer. For purposes of this paragraph, the term “passthrough entity” means a partnership or an “S” corporation.

(2) Income from rental activity.

(3) Income attributable to a farming business.

Document details

CollectionCalifornia Statutes
CitationCal. RTC § 17039.2
Date2009-02-20
Typestatute
Languageen
SourceCA_STAT
IdentifierRTC17039.2.2009172

General Provisions and Definitions

Cal. RTC § 17039.2

California Statutes

General Provisions and Definitions

Cal. RTC § 17039.2

California Statutes

(

a) Notwithstanding any provision of this part or

Part 10.2 (commencing with

Section 18401) to the contrary, for each taxable year beginning on or after January 1, 2008, and before January 1, 2010, the total of all business credits otherwise allowable under any credit under any provision of

Chapter 2 (commencing with

Section 17041), including the carryover of any business credit under a former provision of that chapter, for the taxable year shall not reduce the “net tax” (as defined in

Section 17039) below the applicable amount. (

b) For purposes of this section, “business credit” means a credit allowable under any provision of

Chapter 2 (commencing with

Section 17041) other than the following credits:

(1) The credit allowed by

Section 17052.6 (relating to credit for household and dependent care).

(2) The credit allowed by

Section 17052.25 (relating to credit for adoption costs).

(3) The credit allowed by

Section 17053.5 (relating to renter’s tax credit).

(4) The credit allowed by

Section 17053.80 (relating to full time employment hiring credit).

(5) The credit allowed by

Section 17054 (relating to credit for personal exemption).

(6) The credit allowed by

Section 17054.5 (relating to credit for qualified joint custody head of household and a qualified taxpayer with a dependent parent).

(7) The credit allowed by

Section 17054.7 (relating to credit for senior head of household).

(8) The credit allowed by

Section 17061 (relating to refunds pursuant to the Unemployment Insurance Code). (

c) For purposes of this section, the “applicable amount” shall be equal to percent of the “net tax” (as defined in

Section 17039) before application of any credits. (

d) The amount of any credit otherwise allowable for the taxable year under

Section that is not allowed due to application of this

section shall remain a credit carryover amount under this part. (

e) The carryover period for any credit that is not allowed due to the application of this

section shall be increased by the number of taxable years the credit (or any portion thereof) was not allowed. (

f) Notwithstanding anything to the contrary in this part or

Part 10.2 (commencing with

Section 18401) the credits listed in subdivision (

b) shall be required to be applied before any business credits, as limited by subdivision (a), are applied. (

g) The provisions of this

section shall not apply to a taxpayer with net business income of less than five hundred thousand dollars ($500,000) for the taxable year. For purposes of this subdivision, business income means:

(1) Income from a trade or business, whether conducted by the taxpayer or by a pasthrough entity owned directly or indirectly by the taxpayer. For purposes of this paragraph, the term “passthrough entity” means a partnership or an “S” corporation.

(2) Income from rental activity.

(3) Income attributable to a farming business.

Document details

CollectionCalifornia Statutes
CitationCal. RTC § 17039.2
Date2009-02-20
Typestatute
Languageen
SourceCA_STAT
IdentifierRTC17039.2.2009172
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