Repealed and added by Stats. 1993, Ch. 873, Sec. 12. Effective October 6, 1993.
Chapter 1 of Subtitle A of the Internal Revenue Code, relating to items not deductible, shall apply, except as otherwise provided.
California Revenue and Taxation Code — §§ 17201-17299.9
Repealed and added by Stats. 1993, Ch. 873, Sec. 12. Effective October 6, 1993.
Chapter 1 of Subtitle A of the Internal Revenue Code, relating to items not deductible, shall apply, except as otherwise provided.
Added by Stats. 2025, Ch. 231, Sec. 27. (SB 711) Effective October 1, 2025.
Internal Revenue Code, relating to limitation on deduction by employers of expenses for fringe benefits, shall not apply.
and Jobs Act, 2017 (Public Law 115-97) to Section 280F of the Internal Revenue Code, relating to limitation on depreciation for luxury automobiles; limitation where certain property used for personal purposes, shall not apply.
Added by Stats. 2019, Ch. 39, Sec. 8. (AB 91) Effective July 1, 2019.
Added by Stats. 2025, Ch. 231, Sec. 28. (SB 711) Effective October 1, 2025. Repealed as of December 1, 2027, by its own provisions.
Added by Stats. 2005, Ch. 691, Sec. 19. Effective October 7, 2005.
Section 179B of the Internal Revenue Code, relating to deductions for capital costs incurred in complying with Environmental Protection Agency sulfur regulations, shall not apply.
Added by Stats. 2005, Ch. 691, Sec. 20. Effective October 7, 2005.
Section 181 of the Internal Revenue Code, relating to treatment of certain qualified film and television productions, shall not apply.
Amended by Stats. 2025, Ch. 231, Sec. 29. (SB 711) Effective October 1, 2025.
Section 199A of the Internal Revenue Code, relating to qualified business income, shall not apply.
Added by Stats. 2021, Ch. 557, Sec. 4. (AB 340) Effective January 1, 2022.
The amendments made by Section 302(b)(2) of Division O of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94) to Section 221(e)(1) of the Internal Revenue Code, relating to coordination with deduction for student loan interest, shall apply.
Added by Stats. 1992, Ch. 554, Sec. 7. Effective January 1, 1993.
There shall be allowed to an employer as an ordinary and necessary expense paid or incurred during the taxable year in carrying on any trade or business (as provided in Section 162(a) of the Internal Revenue Code), the expenses involved in carrying out a parking cash-out program, as defined by subdivision (f) of Section 65088.1 of the Government Code.
Added by Stats. 1996, Ch. 473, Sec. 1. Effective September 13, 1996.
For purposes of applying limitations on the deductions described in this section, any reference to “compensation” or “earned income” shall be a reference to the amount required to be used for purposes of limiting the deduction in computing federal income tax for the same taxable year.
Revenue Code in the case of an individual who is an employee within the meaning of Section 401(c)(1) of the Internal Revenue Code.
Amended by Stats. 2025, Ch. 231, Sec. 30. (SB 711) Effective October 1, 2025.
III of the Consolidated Appropriations Act, 2021 (Public Law 116-260) to Section 165(h) of the Internal Revenue Code, relating to qualified disaster-related personal casualty losses, shall not apply.
Added by Stats. 2025, Ch. 231, Sec. 31. (SB 711) Effective October 1, 2025.
The amendments made by Section 11050 of the Tax Cuts and Jobs Act, 2017 (Public Law 115-97) to Section 165(d) of the Internal Revenue Code, relating to wagering losses, shall not apply.
Amended by Stats. 2010, Ch. 14, Sec. 17. (SB 401) Effective January 1, 2011.
contribution is a cash contribution made for the relief of victims in areas affected by the December 26, 2004, Indian Ocean tsunami for which a charitable contribution deduction is allowable under Section 17201.
Amended by Stats. 2009, Ch. 299, Sec. 2. (AB 1568) Effective January 1, 2010.
occurring in 1986 in California.
California.
that occurred in the Counties of Alpine, Contra Costa, Fresno, Humboldt, Imperial, Lassen, Los Angeles, Madera, Mendocino, Modoc, Monterey, Napa, Orange, Plumas, Riverside, San Bernardino, San Diego, Santa Barbara, Sierra, Siskiyou, Sonoma, Tehama, Trinity, and Tulare, and the City of Fillmore in January 1993.
August of 1994, or any other related casualty.
sustained as a result of a freeze occurring in the winter of 1998–99, or any related casualty, sustained in any county of this state subject to a disaster declaration with respect to the freeze.
sustained in the Counties of Santa Barbara and San Luis Obispo as a result of the San Simeon earthquake, aftershocks, and any other related casualties.
Merced, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Joaquin, San Luis Obispo, San Mateo, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Trinity, Tulare, Tuolumne, Yolo, and Yuba as a result of the severe rainstorms, related flooding and slides, and any other related casualties, that occurred in December 2005, January 2006, March 2006, or April 2006.
Clara, Stanislaus, Tulare, Ventura, and Yuba that were the subject of the Governor’s proclamations of a state of emergency for the severe freezing conditions that occurred in January 2007.
Governor’s disaster proclamations of September 15, 2007, and October 21, 2007.
in July 2008.
the amount of excess disaster loss over the sum of the adjusted taxable income for each of the prior taxable years to which that excess disaster loss is carried.
operating loss deduction under Section 172 of the Internal Revenue Code.
Added by Stats. 2010, Ch. 449, Sec. 5. (AB 1690) Effective September 29, 2010.
Added by Stats. 2010, Ch. 461, Sec. 6. (AB 2136) Effective September 29, 2010.
individuals, any excess disaster loss shall be carried forward to each of the five taxable years following the taxable year for which the loss is claimed. However, if there is any excess disaster loss remaining after the five-year period, then the applicable percentage, as set forth in paragraph (1) of subdivision (b) of Section 17276, of that excess disaster loss shall be carried forward to each of the next 10 taxable years.
by Section 1212(b)(2)(B) of the Internal Revenue Code.
Added by Stats. 1998, Ch. 7, Sec. 6. Effective March 14, 1998.
165(i)(4) of the Internal Revenue Code, as added by Section 912 of Public Law 105-34.
Added by Stats. 2010, Ch. 447, Sec. 5. (AB 1662) Effective September 29, 2010.
loss sustained in the County of Placer as a result of wildfires that commenced in August 2009.
forth in paragraph (1) of subdivision (b) of Section 17276, of that excess disaster loss shall be carried forward to each of the next 10 taxable years.
taxable income of the year preceding the loss.
or before the due date of the return (determined with regard to extension) for the taxable year in which the disaster occurred.
Amended by Stats. 2015, Ch. 303, Sec. 469. (AB 731) Effective January 1, 2016.
the Internal Revenue Code, relating to limitation of losses of individuals, any excess disaster loss shall be carried forward to each of the five taxable years following the taxable year for which the loss is claimed. However, if there is any excess disaster loss remaining after the five-year period, then the applicable percentage, as set forth in paragraph (1) of subdivision (b) of Section 17276, of that excess disaster loss shall be carried forward to each of the next 10 taxable years.
carried.
taxable income” shall be defined by Section 1212(b)(2)(B) of the Internal Revenue Code.
Amended by Stats. 2015, Ch. 303, Sec. 470. (AB 731) Effective January 1, 2016.
Section 165(c) of the Internal Revenue Code, relating to limitation of losses of individuals, any excess disaster loss shall be carried forward to each of the five taxable years following the taxable year for which the loss is claimed. However, if there is any excess disaster loss remaining after the five-year period, then the applicable percentage, as set forth in paragraph (1) of subdivision (b) of Section 17276, of that excess disaster loss shall be carried forward to each of the next 10 taxable years.
excess disaster loss is carried.
this section, “adjusted taxable income” shall be defined by Section 1212(b)(2)(B) of the Internal Revenue Code.
Added by Stats. 2012, Ch. 203, Sec. 1. (AB 2332) Effective August 27, 2012.
regard to extension, for the taxable year in which the disaster occurred.
Added by Stats. 2012, Ch. 284, Sec. 1. (SB 1544) Effective September 7, 2012.
return, determined with regard to extension, for the taxable year in which the disaster occurred.
Added by Stats. 2014, Ch. 352, Sec. 1. (AB 922) Effective September 16, 2014.
extension, for the taxable year in which the disaster occurred.
Amended by Stats. 2023, Ch. 285, Sec. 1. (SB 264) Effective September 30, 2023. Repealed as of December 1, 2029, by its own provisions.
on or before the due date of the return, determined with regard to any extension of time for filing the return, for the taxable year in which the disaster occurred.
declares as follows:
(A) The specific goal, purpose, and objective of the deduction is to support taxpayers whose business or personal property is completely or partially destroyed due to a disaster.
(B) The performance indicator for the Legislature to use in determining if the deduction achieves its stated purpose is the number of taxpayers allowed a deduction pursuant to this section or Section 24347.14.
2029, and as of that date is repealed.
Added by Stats. 2001, 2nd Ex. Sess., Ch. 5, Sec. 2. Effective October 1, 2001.
equipment” means any product or equipment certified by a publicly owned utility company that will improve the energy efficiency, as defined by paragraph (2) of subdivision (a) of Section 399.4 of the Public Utilities Code, of a qualified residence on which the product or equipment is installed or applied.
Section 9604 of the Public Utilities Code.
the taxpayer of his or her eligibility for the deduction allowed by this section.
energy efficient products and equipment to inform their customers in writing that interest on a home equity or home improvement loan used to purchase energy efficient products and equipment may also be tax deductible.
Amended by Stats. 2024, Ch. 34, Sec. 19. (SB 167) Effective June 27, 2024. Repealed as of December 1, 2030, by its own provisions.
Amended by Stats. 2015, Ch. 359, Sec. 12. (AB 154) Effective September 30, 2015. Applicable to taxable years beginning on or after January 1, 2015, as provided in Sec. 41 of Stats. 2015, Ch. 359.
Added by Stats. 2005, Ch. 691, Sec. 26.5. Effective October 7, 2005.
Section 220(f)(5) of the Internal Revenue Code, relating to rollover contributions, shall not apply.
Added by Stats. 2005, Ch. 691, Sec. 26.6. Effective October 7, 2005.
Section 223 of the Internal Revenue Code, relating to health savings accounts, shall not apply.
Amended by Stats. 2025, Ch. 231, Sec. 33. (SB 711) Effective October 1, 2025.
no deduction shall be allowed for any tax imposed under Chapter 10.5 (commencing with Section 17935), Chapter 10.6 (commencing with Section 17941), or Chapter 10.7 (commencing with Section 17948) of this part or under Part 11 (commencing with Section 23001).
Amended by Stats. 1993, Ch. 31, Sec. 8. Effective June 16, 1993. Operative January 1, 1994, by Sec. 83 of Ch. 31.
No deduction shall be allowed for the tax deducted and withheld under Section 18662 and Section 13020 of the Unemployment Insurance Code either to the employer or to the recipient of the income in computing taxable income under this part.
Amended by Stats. 1990, Ch. 452, Sec. 9. Effective July 31, 1990. Applicable to taxable years beginning on or after January 1, 1990, by Sec. 56 of Ch. 452.
Section 163(e) of the Internal Revenue Code is modified as follows:
with respect to obligations issued after December 31, 1984, for taxable years beginning before January 1, 1987, shall be allowed as a deduction in the taxable year in which the debt obligation matures or is sold, exchanged, or otherwise disposed.
Amended by Stats. 2025, Ch. 231, Sec. 34. (SB 711) Effective October 1, 2025.
Added by Stats. 2014, Ch. 792, Sec. 1. (AB 877) Effective September 29, 2014.
For taxable years beginning on or after January 1, 2014, a deduction shall not be allowed for the amount of any fine or penalty paid or incurred by an owner of all or part of a professional sports franchise, where that fine or penalty is assessed or imposed by the professional sports league that includes that franchise.
Repealed and added by Stats. 1983, Ch. 488, Sec. 29. Effective July 28, 1983.
Payments made to the California Housing Finance Agency by the borrower pursuant to Section 52514 of the Health and Safety Code shall be considered payments of interest for purposes of Section 163 of the Internal Revenue Code.
Added by Stats. 2015, Ch. 359, Sec. 13. (AB 154) Effective September 30, 2015. Applicable to taxable years beginning on or after January 1, 2015, as provided in Sec. 41 of Stats. 2015, Ch. 359.
The fee imposed by Section 9008 of the Patient Protection and Affordable Care Act (Public Law 111-148), shall be considered a tax described in Section 275(a)(6) of the Internal Revenue Code.
Amended by Stats. 2025, Ch. 231, Sec. 35. (SB 711) Effective October 1, 2025. Applicable to taxable years beginning on or after January 1, 2015, as provided in Sec. 41 of Stats. 2015, Ch. 359.
Section 213(a) of the Internal Revenue Code, relating to allowance of deduction, is modified by substituting “7.5 percent” for “10 percent” for taxable years beginning before January 1, 2021.
Amended by Stats. 2025, Ch. 231, Sec. 36. (SB 711) Effective October 1, 2025.
“five-year property,” rather than “10-year property.”
replanting was necessary to restore a vineyard infested with phylloxera or Pierce’s disease. The taxpayer shall retain the certification for future audit purposes.
qualified second generation biofuel plant property, shall not apply.
Added by Stats. 2025, Ch. 231, Sec. 37. (SB 711) Effective October 1, 2025.
Added by Stats. 2025, Ch. 231, Sec. 38. (SB 711) Effective October 1, 2025.
Section 170(p) of the Internal Revenue Code, relating to special rule for taxpayers who do not elect to itemize deductions, shall not apply.
Amended by Stats. 2010, Ch. 14, Sec. 20. (SB 401) Effective January 1, 2011.
Revenue Code is modified by substituting “Part 10.2 (commencing with Section 18401) (other than Section 19136)” for “Subtitle F (other than Sections 6654 and 6655).”
Amended by Stats. 2025, Ch. 231, Sec. 39. (SB 711) Effective October 1, 2025.
during the taxable year exceeds two hundred thousand dollars ($200,000).
Amended by Stats. 2005, Ch. 691, Sec. 32. Effective October 7, 2005.
Section 179A of the Internal Revenue Code, relating to deduction for clean-fuel vehicles and certain refueling property, shall not apply.
Added by Stats. 2010, Ch. 14, Sec. 22. (SB 401) Effective January 1, 2011.
Section 179C of the Internal Revenue Code, relating to election to expense certain refineries, shall not apply.
Added by Stats. 2010, Ch. 14, Sec. 23. (SB 401) Effective January 1, 2011.
Section 179D of the Internal Revenue Code, relating to energy efficient commercial buildings deduction, shall not apply.
Added by Stats. 2010, Ch. 14, Sec. 24. (SB 401) Effective January 1, 2011.
Section 179E of the Internal Revenue Code, relating to election to expense advanced mine safety equipment, shall not apply.
Amended by Stats. 2024, Ch. 34, Sec. 20. (SB 167) Effective June 27, 2024.
January 1, 2024.
Amended by Stats. 2011, Ch. 261, Sec. 22. (SB 559) Effective January 1, 2012.
Whereas, the people of the State of California desire to promote and achieve tax equity and fairness among all the state’s citizens and further desire to conform to the public policy of nondiscrimination, the Legislature hereby enacts the following for these reasons and for no other purpose:
with respect to expenditures made at, or payments made to, a club which restricts membership or the use of its services or facilities on the basis of ancestry or any characteristic listed or defined in Section 11135 of the Government Code, except for genetic information.
“The expenditures covered by this receipt are nondeductible for state income tax purposes or franchise tax purposes.”
means those expenses otherwise deductible under Section 162(a) of the Internal Revenue Code, except for subdivision (a), and includes, but is not limited to, club membership dues and assessments, food and beverage expenses, expenses for services furnished by the club, and reimbursements or salary adjustments to officers or employees for any of the preceding expenses.
Amended by Stats. 2025, Ch. 231, Sec. 40. (SB 711) Effective October 1, 2025.
Amended by Stats. 2025, Ch. 231, Sec. 41. (SB 711) Effective October 1, 2025.
Amended by Stats. 1999, Ch. 146, Sec. 23.5. Effective July 22, 1999.
For each taxable year beginning on or after January 1, 1999, Section 162(l)(1) of the Internal Revenue Code, relating to applicable percentage, is modified to provide that Section 2002 of the Tax and Trade Relief Extension Act of 1998 (P.L. 105-277), relating to phase in of a 100-percent deduction for health insurance, shall apply.
Amended by Stats. 1999, Ch. 987, Sec. 31. Effective October 10, 1999.
applicability of this section, the housing has not been brought to a condition of compliance within six months after the date of the notice or the time prescribed in the notice, whichever period is later.
“Substandard housing” also means employee housing that has not, within 30 days of the date of the written notice of violation or the date for compliance prescribed in the written notice of violation, been brought into compliance with the conditions stated in the written notice of violation of the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code) issued by the enforcement agency that specifies the application of this section. The regulatory agency may, for good cause shown, extend the compliance date prescribed in a violation notice.
Franchise Tax Board of the noncompliance.
an amount not to exceed the regulatory agency’s costs incurred in recording any notice of noncompliance or issuing any release of that notice. The notice of compliance shall be recorded and shall serve to expunge the notice of noncompliance. The notice of compliance shall contain the same recording information required for the notice of noncompliance. No deduction by the taxpayer, or any other taxpayer who obtains title to the property subsequent to the recordation of the notice of noncompliance, shall be allowed for the items provided in subdivision (a) from the date of the notice of noncompliance until the date the regulatory agency determines that the substandard housing has been brought to a condition of compliance. The regulatory agency shall mail to the Franchise Tax Board and the taxpayer a notice of compliance, which notice shall be in the form and include the information prescribed by the Franchise Tax Board. In the event the period of noncompliance does not cover an entire taxable year, the
deductions shall be denied at the rate of1/12for each full month during the period of noncompliance.
Tax Board if any of the following occur:
the housing into compliance with those laws or codes that have been violated, causing the housing to be classified as substandard.
in the property, immediately notify the regulatory agency of the name and address of the person or persons to whom the property has been sold or otherwise transferred and the date of the sale or transference.
sent to the Franchise Tax Board.
substandard housing consisting of abandoned or unoccupied dwellings involved in the federally related transaction.
Added by Stats. 1983, Ch. 488, Sec. 29. Effective July 28, 1983.
In computing taxable income, no deduction shall be allowed for any of the following:
Added by Stats. 2010, Ch. 14, Sec. 25. (SB 401) Effective January 1, 2011.
Section 170(e)(3)(C) of the Internal Revenue Code, relating to special rule for contributions of food inventory, shall not apply.
Added by Stats. 2019, Ch. 511, Sec. 2. (AB 136) Effective October 4, 2019.
relating to trade or business expenses, shall not be allowed to a taxpayer who meets all of the following conditions:
of guilt” means that the defendant has been convicted by verdict of a jury, accepted and recorded by the court, by a finding of the court in a case where a jury has been waived, or by a plea of guilty, and that the defendant has exhausted all appellate remedies.
Amended by Stats. 2024, Ch. 34, Sec. 21. (SB 167) Effective June 27, 2024.
Added by Stats. 2024, Ch. 34, Sec. 22. (SB 167) Effective June 27, 2024.
apply and are modified by substituting “Section 19755” for “sections 6501(c)(10) and 6235(c)(6) of such Code.”
Amended by Stats. 2025, Ch. 231, Sec. 43. (SB 711) Effective October 1, 2025.
Except as provided in Sections 17276.1, 17276.2, 17276.4, 17276.5, 17276.6, and 17276.7, the deduction provided by Section 172 of the Internal Revenue Code, relating to net operating loss deduction, shall be modified as follows:
of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) to Section 172(a) of the Internal Revenue Code, relating to the deduction allowed, shall not apply.
(A) Fifty percent for any taxable year beginning before January 1, 2000.
(B) Fifty-five percent for any
taxable year beginning on or after January 1, 2000, and before January 1, 2002.
(C) Sixty percent for any taxable year beginning on or after January 1, 2002, and before January 1, 2004.
(D) One hundred percent for any taxable year beginning on or after January 1, 2004.
(ii) With respect to the portion of the net operating loss that exceeds the net loss from the new business, the applicable percentage of that amount shall be carried forward as provided
in subdivision (d).
(C) For purposes of Section 172(b)(2) of the Internal Revenue Code, the amount described in clause (ii) of subparagraph (B) shall be absorbed before the amount described in clause (i) of subparagraph (B).
(ii) With respect to that portion of the net operating loss that exceeds the net loss from the eligible small business, the applicable percentage of that amount shall be carried forward as provided in subdivision (d).
(C) For purposes of Section 172(b)(2) of the Internal Revenue Code, the amount described in clause (ii) of subparagraph (B) shall be absorbed before the amount described in clause
preceding the taxable year of the loss in lieu of the number of years provided therein.
shall not exceed 100 percent of the net operating loss.
(B) For a net operating loss for any taxable year beginning on or after January 1, 2000, and before January 1, 2008, Section
172(b)(1)(A)(ii)(I) of the Internal Revenue Code is modified to substitute “10 taxable years” in lieu of “20 taxable years.”
(C) Section 172(b)(1)(A) of the Internal Revenue Code, relating to years to which loss may be carried, shall not apply.
(D) Section 172(b)(1)(D) of the Internal Revenue Code, relating to special rule for losses arising in 2018, 2019, and 2020, shall not apply.
new business.
1991.
than one million dollars ($1,000,000) during the taxable year.
following rules apply:
this state, or has been engaged in one or more trade or business activities in this state within the preceding 36 months (“prior trade or business activity”), and thereafter commences an additional trade or business activity in this state, the additional trade or business activity shall only be treated as a new business if the additional trade or business activity is classified under a different division of the Standard Industrial Classification (SIC) Manual published by the United States Office of Management and Budget, 1987 edition, than are any of the taxpayer’s (or any related person’s) current or prior trade or business activities.
the meaning of Section 23101) after December 31, 1993 (other than by purchase or other acquisition described in paragraph (1)), the trade or business activity shall be treated as a new business under paragraph (2) of subdivision (e).
(ii) “Other biotechnology activities” means activities consisting of the application of recombinant DNA technology to produce commercial products, as well as activities regarding pharmaceutical delivery systems designed to provide a measure of control over the rate, duration, and site of pharmaceutical delivery.
showing that the reclassification is necessary to prevent evasion of the purposes of this section.
Amended by Stats. 2001, Ch. 623, Sec. 2. Effective October 9, 2001.
section read prior to January 1, 1997, still applied.
Amended by Stats. 2002, Ch. 488, Sec. 2. Effective September 12, 2002.
follows:
Added by Stats. 1998, Ch. 1039, Sec. 8. Effective September 30, 1998. Applicable as prescribed by Sec. 23(b) of Ch. 1039. Inoperative on December 1, 1998, by its own provisions.
Chapter 17 (commencing with Section 25101) of Part 11, modified as follows:
Revitalization Zone designation has expired, the Los Angeles Revitalization Zone shall be deemed to remain in existence for purposes of computing the limitation set forth in paragraph (2) and allowing a net operating loss deduction.
business income of the taxpayer by a fraction, the numerator of which is the property factor plus the payroll factor, and the denominator of which is 2.
under Section 7104 of the Government Code. However, if the taxpayer has any unused loss amount as of the date this section becomes inoperative, that unused loss amount may continue to be carried forward as provided in this section.
taxable year, the taxpayer shall designate which section is to apply to the taxpayer.
Amended by Stats. 2002, Ch. 524, Sec. 3. Effective January 1, 2003.
business is affected by Pierce’s disease and its vectors shall be a net operating loss carryover to each of the nine taxable years following the taxable year of loss, until used.
factor plus the payroll factor, and the denominator of which is two.
(ii) “The area affected by Pierce’s disease and its vectors” shall be substituted for “this state.”
(B) A net operating loss carryover computed under this section shall be allowed as a deduction only with respect to the taxpayer’s farming business income attributable to the area affected by Pierce’s disease and its vectors.
(C) Attributable income is that portion of the taxpayer’s California source farming business income that is apportioned to the area affected by Pierce’s disease and its vectors. For that purpose, that taxpayer’s farming business income attributable to sources in this state first shall be determined in accordance with Chapter 17 (commencing with Section 25101) of Part 11. That farming business income shall be further apportioned
to the area affected by Pierce’s disease and its vectors in accordance with Article 2 (commencing with Section 25120) of Chapter 17 of Part 11, modified for purposes of this subdivision as follows:
(I) The property factor is a fraction, the numerator of which is the average value of the taxpayer’s real and tangible personal property owned or rented and used in the area affected by Pierce’s disease and its vectors during the taxable year, and the denominator of which is the average value of all the taxpayer’s real and tangible personal property owned
or rented and used in this state during the taxable year.
(II) The payroll factor is a fraction, the numerator of which is the total amount paid by the taxpayer in the area affected by Pierce’s disease and its vectors during the taxable year for compensation, and the denominator of which is the total compensation paid by the taxpayer in this state during the taxable year.
(ii) If a loss carryover is allowable pursuant to this section for any taxable year after Pierce’s disease and its vectors have occurred, the area affected by Pierce’s disease and its vectors shall be deemed to remain in existence for purposes of computing the limitation set forth in subparagraph (B) and allowing a net operating loss deduction.
year of the net operating loss and any taxable year to which that net operating loss may be carried, designate on the original return filed for each year the section that applies to that taxpayer with respect to that net operating loss. If the taxpayer is eligible to qualify under more than one section, the designation is to be made after taking into account subdivision (c).
year and the designation under subdivision (b) shall be included in the election under Section 17276.1.
procedures by which the Franchise Tax Board secures the information. This subdivision shall not be construed to require the Department of Food and Agriculture to confirm more than the fact that the taxpayer’s farming business was affected by Pierce’s disease and its vectors during the year for which the qualified taxpayer seeks a deduction.
Amended by Stats. 2019, Ch. 39, Sec. 11. (AB 91) Effective July 1, 2019.
loss for which a deduction is denied by subdivision (a), the carryover period under Section 172 of the Internal Revenue Code shall be extended as follows:
for carryback of a net operating loss attributable to a taxable year beginning on or after January 1, 2013, and before January 1, 2019.
from rental activity.
Amended by Stats. 2019, Ch. 39, Sec. 12. (AB 91) Effective July 1, 2019.
Notwithstanding Section 17276.1, 17276.2, 17276.4, 17276.5, 17276.6, or 17276.7 to the contrary, a net operating loss attributable to a taxable year beginning on or after January 1, 2008, shall be a net operating carryover to each of the 20 taxable years following the year of the loss, and a net operating loss attributable to a taxable year beginning on or after January 1, 2013, and before January 1, 2019, shall also be a net
operating loss carryback to each of the two taxable years preceding the taxable year of loss.
Amended by Stats. 2022, Ch. 3, Sec. 13. (SB 113) Effective February 9, 2022.
for the taxable year.
Amended by Stats. 2024, Ch. 42, Sec. 9. (SB 175) Effective June 29, 2024.
beginning on or after January 1, 2025, and before January 1, 2026.
S corporation.
in the annual Budget Act to not apply this section of law.
Added by renumbering Section 17268 by Stats. 1984, Ch. 1276, Sec. 2. Effective September 19, 1984. Section applicable, by Sec. 5 of Ch. 1276, during taxable years in which federal treatment is similar.
portion thereof was taken as a deduction in any earlier taxable year.
Added by Stats. 1997, Ch. 611, Sec. 36. Effective October 3, 1997.
The deduction allowed by Section 194 of the Internal Revenue Code, relating to amortization of reforestation expenditures, shall be available only with respect to qualified timber property located in this state.
Amended by Stats. 1997, Ch. 611, Sec. 37. Effective October 3, 1997.
Section 197 of the Internal Revenue Code, relating to amortization of goodwill and certain other intangibles, is modified as follows:
13261(g)(2) of the Revenue Reconciliation Act of 1993 (P.L. 103-66), relating to election to have amendments apply to property acquired after July 25, 1991, or Section 13261(g)(3) of that act, relating to elective binding contract exception, 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.
of this part, with respect to that property.
of the first taxable year beginning on or after January 1, 1994, and ending 15 years after the month in which the intangible was acquired.
Amended by Stats. 2005, Ch. 691, Sec. 33. Effective October 7, 2005.
Section 198 of the Internal Revenue Code, relating to expensing of environmental remediation costs, is modified as follows:
remediation expenditure, Section 198 of the Internal Revenue Code shall apply to that qualified environmental remediation expenditure 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.
Added by Stats. 2010, Ch. 14, Sec. 29. (SB 401) Effective January 1, 2011.
Section 198A of the Internal Revenue Code, relating to expensing of qualified disaster expenses, shall not apply.
Amended by Stats. 1988, Ch. 970, Sec. 1.
to one or more classes of income other than interest (whether or not any amount of income of that class or classes is received or accrued) wholly exempt from the taxes imposed by this part, or any amount otherwise allowable under Section 212 of the Internal Revenue Code (relating to expenses for production of income) which is allocable to interest (whether or not any amount of such interest is received or accrued) wholly exempt from the taxes imposed by this part.
shares of stock of a management company or series thereof which during the taxable year of the holder thereof distributes exempt-interest dividends.
subparagraph (A) of paragraph (1) shall not apply to that short sale.
Amended by Stats. 2012, Ch. 162, Sec. 171. (SB 1171) Effective January 1, 2013.
Division 1 of the Insurance Code; and deductions shall not be allowed to any taxpayer from any of his or her gross income derived from any other activities which directly tend to promote or to further, or are directly connected or associated with, those acts or omissions.
have not been closed by a statute of limitations, res judicata, or otherwise as of September 14, 1982.
Added by Stats. 1983, Ch. 498, Sec. 143. Effective July 28, 1983.
In addition to the deduction denied under Section 162(c)(1) of the Internal Revenue Code, relating to payments made to officials or employees of a foreign government, no deduction shall be allowed for any payment that would be unlawful under the laws of the United States, if those laws were applicable to the payment and to the official or employee.
Amended by Stats. 1999, Ch. 987, Sec. 34. Effective October 10, 1999.
Section 269A of the Internal Revenue Code is modified by substituting “California Personal Income Tax” for “Federal income tax.”
Amended by Stats. 2007, Ch. 156, Sec. 1. Effective January 1, 2008.
The Franchise Tax Board may disallow a deduction under this part to an individual or entity for amounts paid as remuneration for personal services if that individual or entity fails to report the payments required under Section 13050 of the Unemployment Insurance Code or Section 18631 on the date prescribed therefor (determined with regard to any extension of time for filing).
Amended by Stats. 1993, Ch. 31, Sec. 10. Effective June 16, 1993. Operative January 1, 1994, by Sec. 83 of Ch. 31.