Tax Treatment of S Corporations and Their Shareholders
Cal. RTC § 23802
California Statutes
(
a) Section 1363(
a) of the Internal Revenue Code, relating to the taxability of an “S” corporation does not apply. (
b) Corporations that are “S” corporations under this
chapter shall continue to be subject to the taxes imposed under
Chapter 2 (commencing with
Section 23101) and
Chapter 3 (commencing with
Section 23501), except as follows:
(1) The tax imposed under
Section or shall be imposed at a rate of 1 1 percent rather than the rate specified in those sections.
(2) In the case of an “S” corporation that is also a financial corporation, the rate of tax specified in paragraph (1) shall be increased by the excess of the rate imposed under
Section over the rate imposed under
Section 23151. (
c) An “S” corporation is subject to the minimum franchise tax imposed under
Section 23153. (d)
(1) For purposes of subdivision (b), an “S” corporation shall be allowed a deduction under
Section or 24416.1 (relating to net operating loss deductions), but only with respect to losses incurred during periods in which the corporation is an “S” corporation for purposes of this part.
(2) Section 1371(
b) of the Internal Revenue Code, relating to denial of carryovers between “C” years and “S” years, applies for purposes of the tax imposed under subdivision (b), except as provided in paragraph (1).
(3) The provisions of this subdivision do not affect the amount of any item of income or loss computed in accordance with the provisions of
Section of the Internal Revenue Code, relating to pass-thru of items to shareholders.
(4) For purposes of subdivision (
b) of
Section 17276, relating to limitations on loss carryovers, losses passed through to shareholders of an “S” corporation, to the extent otherwise allowable without application of that subdivision, shall be fully included in the net operating loss of that shareholder and then that subdivision shall be applied to the entire net operating loss. (
e) For purposes of computing the taxes specified in subdivision (b), an “S” corporation shall be allowed a deduction from income for built-in gains and passive investment income for which a tax has been imposed under this
part in accordance with the provisions of
Section of the Internal Revenue Code, relating to tax imposed on certain built-in gains, or
Section of the Internal Revenue Code, relating to tax imposed on passive investment income. (
f) For purposes of computing taxes imposed under this part, as provided in subdivision (b):
(1) An “S” corporation shall compute its deductions for amortization and depreciation in accordance with the provisions of
Part 10 (commencing with
Section 17001) of Division 2.
(2) Section of the Internal Revenue Code, relating to limitation of deductions to the amount at risk, shall be applied in the same manner as in the case of an individual. (3) (
A) Section of the Internal Revenue Code, relating to limitations on passive activity losses and credits, shall be applied in the same manner as in the case of an individual. For purposes of the tax imposed under
Section or 23501, as modified by this section, material participation shall be determined in accordance with
Section 469(
h) of the Internal Revenue Code, relating to certain closely held “C” corporations and personal service corporations. (
B) For purposes of this paragraph, the “adjusted gross income” of the “S” corporation shall be equal to its “net income,” as determined under
Section with the modifications required by this subdivision, except that a deduction shall not be allowed for contributions allowed by
Section 24357.
(4) The deduction for bad debts under paragraph (2) of subdivision (
a) of
Section shall not be allowed to an “S” corporation. (g)
(1) The provisions of
Section 1363(
d) of the Internal Revenue Code, relating to recapture of LIFO benefits, shall be modified for purposes of this part to refer to
Section in lieu of
Section of the Internal Revenue Code.
(2) For purposes of
Section 19023, relating to the definition of “estimated tax,” and
Section 19142, relating to an addition to tax for underpayment of estimated tax, the tax imposed pursuant to this subdivision is not a tax imposed by this part.