Definitions
Cal. RTC § 23036.6
California Statutes
(
a) Notwithstanding any provision of this part or
Part 10.2 (commencing with
Section 18401) to the contrary, except as provided in subdivision (d), for taxpayers not required to be included in a combined report under
Section or 25110, or taxpayers not authorized to be included in a combined report under
Section 25101.15, for each taxable year beginning on or after January 1, 2030, the total of all credits otherwise allowable under any provision of
Chapter 3.5 (commencing with
Section 23608), including the carryover of any credit under a former provision of that chapter, for the taxable year shall not reduce the “tax,” as defined in
Section 23036, by more than percent or five million dollars ($5,000,000), whichever is greater. (
b) Notwithstanding any provision of this part or
Part 10.2 (commencing with
Section 18401) to the contrary, except as provided in subdivision (d), for taxpayers required to be included in a combined report under
Section or 25110, or taxpayers authorized to be included in a combined report under
Section 25101.15, for each taxable year beginning on or after January 1, 2030, the total of all credits otherwise allowable under any provision of
Chapter 3.5 (commencing with
Section 23608), including the carryover of any credit under a former provision of that chapter, by all members of the combined report shall not reduce the aggregate amount of “tax,” as defined in
Section 23036, of all members of the combined report by more than percent or five million dollars ($5,000,000), whichever is greater. (
c) Any amounts included in an election pursuant to
Section 6902.5, relating to an irrevocable election to apply credit amounts under
Section 17053.85, 17053.95, 17053.98, 17053.98.1, 23685, 23695, 23698, or 23698.1 against qualified sales and use tax, as defined in
Section 6902.5, are not included in the limitation set forth in subdivision (
a) or (b). (
d) The limitation under subdivision (
a) or (
b) shall not apply to the credit allowed by
Section 23610.5 (relating to credit for low-income housing). (
e) Any annual refundable credit amount included in an election pursuant to
Section 23036.5 is not included in the limitation set forth in subdivision (
a) or (b). (
f) If an election is made pursuant to subdivision (
k) of
Section 23698.1, both the credit allowed against the “tax” under clause (
i) of subparagraph (
A) of paragraph (3) of subdivision (
k) of
Section 23698.1 and the annual refundable amount calculated under subdivision (
k) of
Section 23698.1 shall not be included in the limitation set forth in subdivisions (
a) and (
b) of this section. (
g) The amount of any credit otherwise allowable for the taxable year under
Section that is not allowed due to the application of this
section shall remain a credit carryover amount under this part. (
h) Chapter 3.5 (commencing with
Section 11340) of Part of Division of Title of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.