Tax on Limited Partnerships
Cal. RTC § 17935
California Statutes
(
a) Except as provided in subdivision (f), for each taxable year beginning on or after January 1, 1997, every limited partnership doing business in this state (as defined by
Section 23101) and required to file a return under
Section shall pay annually to this state a tax for the privilege of doing business in this state in an amount equal to the applicable amount specified in
Section 23153. (b)
(1) In addition to any limited partnership that is doing business in this state and therefore is subject to the tax imposed by subdivision (a), for each taxable year beginning on or after January 1, 1997, every limited partnership that has executed, acknowledged, and filed a certificate of limited partnership with the Secretary of State pursuant to
Section or 15902.01 of the Corporations Code, and every foreign limited partnership that has registered with the Secretary of State pursuant to
Section or 15909.01 of the Corporations Code, shall pay annually the tax prescribed in subdivision (a). The tax shall be paid for each taxable year, or part thereof, until a certificate of cancellation is filed on behalf of the limited partnership with the office of the Secretary of State pursuant to
Section 15623, 15696, 15902.03, or 15909.07 of the Corporations Code.
(2) If a taxpayer files a return with the Franchise Tax Board that is designated its final return, that board shall notify the taxpayer that the tax imposed by this
chapter is due annually until a certificate of cancellation is filed with the Secretary of State pursuant to
Section 15623, 15696, 15902.03, or 15909.07 of the Corporations Code. (
c) The tax imposed by this
chapter shall be due and payable on the date the return is required to be filed under former
Section or 18633. (
d) For purposes of this section, “limited partnership” means any partnership formed by two or more persons under the laws of this state or any other jurisdiction and having one or more general partners and one or more limited partners. (
e) Notwithstanding subdivision (b), any limited partnership that ceased doing business prior to January 1, 1997, filed a final return with the Franchise Tax Board for a taxable year ending before January 1, 1997, and filed a certificate of dissolution with the Secretary of State pursuant to
Section of the Corporations Code prior to January 1, 1997, shall not be subject to the tax imposed by this
chapter for any period following the date the certificate of dissolution was filed with the Secretary of State, but only if the limited partnership files a certificate of cancellation with the Secretary of State pursuant to
Section of the Corporations Code. In the case where a notice of proposed deficiency assessment of tax or a notice of tax due (whichever is applicable) is mailed after January 1, 2001, the first sentence of this subdivision shall not apply unless the certificate of cancellation is filed with the Secretary of State not later than days after the date of the mailing of the notice. (f) (1) (
A) Every limited partnership doing business in this state as described in subdivision (
a) that files a certificate of limited partnership or registers with the Secretary of the State pursuant to subdivision (
b) on or after January 1, 2021, and before January 1, 2024, shall not be subject to the tax imposed under this
section for its first taxable year. (
B) This subdivision shall become operative only for a taxable year in which any budget measure appropriates one dollar ($1) or more to the Franchise Tax Board for the costs associated with administration of this subdivision.
(2) For taxable years beginning on or after January 1, 2027, and before January 1, 2030, every limited partnership required to file a return under