Accounting Periods and Methods of Accounting
Cal. RTC § 17570
California Statutes
(
a) Section 13233(c)(2)(
C) of the Revenue Reconciliation Act of 1993 (Public Law 103-66), relating to the effective date for changes in the mark to market accounting method for securities dealers, is modified to provide that the amount taken into account under
Section of the Internal Revenue Code of shall be taken into account ratably over the five-taxable-year period beginning with the first taxable year beginning on or after January 1, 1997. (
b) In the case of any taxpayer required by the enactment of the act adding this subdivision, which act incorporated by reference the amendments made by
Section of the Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105-206) to
Section of the Internal Revenue Code, for taxable years beginning on or after January 1, 2002, to change its method of accounting on its first taxable year beginning on or after January 1, 2002, then each of the following shall apply for purposes of this part,
Part 10.2 (commencing with
Section 18401), and
Part 11 (commencing with
Section 23001):
(1) The change shall be treated as initiated by the taxpayer.
(2) The change shall be treated as made with the consent of the Franchise Tax Board.
(3) The taxpayer shall not be required to make a change in the method of accounting until the first taxable year beginning on or after January 1, 2002.
(4) The net amount of the adjustments required to be taken into account by the taxpayer under
Chapter 6 (commencing with
Section 17551) shall be taken into account ratably over the three taxable year period beginning with that taxpayer’s first taxable year beginning on or after January 1, 2002. (c)
(1) If a taxpayer has, at any time, made an election for federal purposes under
Section 475(
e) of the Internal Revenue Code, relating to election of mark to market for dealers in commodities, to have
Section of the Internal Revenue Code apply,
Section of the Internal Revenue Code shall apply to that dealer in commodities for state purposes, a separate election for state purposes shall not be allowed under paragraph (3) of subdivision (
e) of
Section 17024.5, and the federal election shall be binding for purposes of this part.
(2) If a taxpayer fails to make, or has not previously made, an election for federal purposes under
Section 475(
e) of the Internal Revenue Code, relating to election of mark to market for dealers in commodities, to have
Section of the Internal Revenue Code apply, an election under
Section 475(
e) of the Internal Revenue Code shall not be allowed for state purposes,
Section of the Internal Revenue Code shall not apply to that dealer in commodities for state purposes, and a separate election for state purposes shall not be allowed under paragraph (3) of subdivision (
e) of
Section 17024.5. (d)
(1) If a taxpayer has, at any time, made an election for federal purposes under
Section 475(f)(1) of the Internal Revenue Code, relating to election of mark to market for traders in securities, to have
Section of the Internal Revenue Code apply to a trade or business,
Section of the Internal Revenue Code shall apply to that trader in securities for state purposes with respect to that trade or business, a separate election for state purposes with respect to that trade or business shall not be allowed under paragraph (3) of subdivision (
e) of
Section 17024.5, and the federal election shall be binding for purposes of this part.
(2) If a taxpayer fails to make, or has not previously made, an election for federal purposes under
Section 475(f)(1) of the Internal Revenue Code, relating to election of mark to market for traders in securities, to have
Section of the Internal Revenue Code apply to a trade or business, an election under
Section 475(f)(1) of the Internal Revenue Code shall not be allowed for state purposes with respect to that trade or business,
Section of the Internal Revenue Code shall not apply to that trader in securities for state purposes with respect to that trade or business, and a separate election for state purposes shall not be allowed under paragraph (3) of subdivision (
e) of
Section 17024.5. (e)
(1) If a taxpayer has, at any time, made an election for federal purposes under
Section 475(f)(2) of the Internal Revenue Code, relating to election of mark to market for traders in commodities, to have
Section of the Internal Revenue Code apply to a trade or business,
Section of the Internal Revenue Code shall apply to that trader in commodities for state purposes with respect to that trade or business, a separate election for state purposes with respect to that trade or business shall not be allowed under paragraph (3) of subdivision (
e) of
Section 17024.5, and the federal election with respect to that trade or business shall be binding for purposes of this part.
(2) If a taxpayer fails to make, or has not previously made, an election for federal purposes under
Section 475(f)(2) of the Internal Revenue Code, relating to election of mark to market for traders in commodities, to have
Section of the Internal Revenue Code apply to a trade or business, an election under
Section 475(f)(2) of the Internal Revenue Code shall not be allowed for state purposes with respect to that trade or business,
Section of the Internal Revenue Code shall not apply to that trader in commodities for state purposes with respect to that trade or business, and a separate election for state purposes with respect to that trade or business shall not be allowed under paragraph (3) of subdivision (
e) of
Section 17024.5. (f)
(1) An election under
Section 475(
e) or (
f) of the Internal Revenue Code made for federal purposes with respect to a taxable year beginning before January 1, 1998, shall be treated as having been made for state purposes with respect to the first taxable year beginning on or after January 1, 1998.
(2) Section 1001(d)(4)(
B) of the Taxpayer Relief Act of 1997 (Public Law 105-34), relating to the effective date for election of mark to market by securities traders and traders and dealers in commodities, is modified to provide that the requirement for timely identification shall be treated as timely made for state purposes if that identification is treated as timely made for federal purposes, and the amount taken into account under
Section of the Internal Revenue Code of shall be taken into account ratably over the four-taxable-year period beginning with the first taxable year beginning on or after January 1, 1998.