24681-24694
REVENUE AND TAXATION CODE
SECTION 24681-24694
24681. Section 461 of the Internal Revenue Code, relating to the
general rule for taxable year of deduction, shall apply, except as
otherwise provided.
24682. Section 464 of the Internal Revenue Code, relating to
limitations on deductions for certain farming expenses, shall apply,
except as otherwise provided.
24685. (a) In the case of any taxpayer who elected to have former
Section 24685 apply for that taxpayer's last taxable year beginning
prior to January 1, 1990, and who is required to change its method of
accounting by reason of the amendments made by the act adding this
section, each of the following shall apply:
(1) The change shall be treated as initiated by the taxpayer.
(2) The change shall be treated as having been made with the
consent of the Franchise Tax Board.
(3) The net amount of adjustments required by Chapter 13
(commencing with Section 24631) to be taken into account by the
taxpayer:
(A) Shall be reduced by the balance in the suspense account, under
former Section 24685 as of the close of the last taxable year
beginning before January 1, 1990, and
(B) Shall be taken into account over the two taxable year period
beginning with the taxable year following that last taxable year, as
follows:
The percentage to be
In the case of
the: taken into account is:
1st Year 50
2nd Year 50
(b) Notwithstanding subparagraph (B) of paragraph (3) of
subdivision (a), if the period during which the adjustments are
required to be taken into account under Chapter 13 (commencing with
Section 24631) is less than two years, those adjustments shall be
taken into account ratably over the shorter period.
24685.5. (a) The amendment made by Section 7001(a) of the Internal
Revenue Service Restructuring and Reform Act of 1998 (Public Law
105-206) to Section 404(a)(11) of the Internal Revenue Code,
regarding determinations relating to deferred compensation, shall
apply to taxable years beginning on or after January 1, 2002.
(b) In the case of any taxpayer required by enactment of this
section to change its method of accounting, for that taxpayer's first
taxable year beginning on or after January 1, 2002, each of the
following shall apply for purposes of this part, Part 10 (commencing
with Section 17001), and Part 10.2 (commencing with Section 18401):
(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 net amount of the adjustments required to be taken into
account by the taxpayer under Chapter 13 (commencing with Section
24631) 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.
24685.5. (a) The amendment made by Section 7001(a) of the Internal
Revenue Service Restructuring and Reform Act of 1998 (Public Law
105-206) to Section 404(a)(11) of the Internal Revenue Code,
regarding determinations relating to deferred compensation, shall
apply to taxable years beginning on or after January 1, 2002.
(b) In the case of any taxpayer required by enactment of this
section to change its method of accounting, for that taxpayer's first
taxable year beginning on or after January 1, 2002, each of the
following shall apply for purposes of this part, Part 10 (commencing
with Section 17001), and Part 10.2 (commencing with Section 18401):
(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 net amount of the adjustments required to be taken into
account by the taxpayer under Chapter 13 (commencing with Section
24631) 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.
24688. Section 467 of the Internal Revenue Code, relating to
certain payments for the use of property or services, shall apply,
except as otherwise provided.
24689. Section 468 of the Internal Revenue Code, relating to
special rules for mining and solid waste reclamation and closing
costs, shall apply, except as otherwise provided.
24690. (a) The provisions of Section 468A of the Internal Revenue
Code, relating to special rules for nuclear decommissioning costs,
shall be applicable, except as otherwise provided.
(b) The deduction allowed for the 1987 taxable year may include
contributions to a fund that are required to bring the balance in
that fund up to the balance it would have contained if allowable
contributions had been made for the 1985 and 1986 taxable years.
(c) The provisions of Section 468A(e)(2) of the Internal Revenue
Code, which impose a tax upon the gross income of the Nuclear
Decommissioning Reserve Fund, shall be modified for purposes of this
part to provide that a tax shall be imposed upon the gross income of
that fund for any taxable year at a rate equal to the rate in effect
for that taxable year under Section 23501. The income tax imposed
upon the gross income of the fund by this section is in lieu of any
other tax imposed by this part or Part 10 (commencing with Section
17001) upon or measured by that income.
24691. Section 465 of the Internal Revenue Code, relating to
limitations of deductions to the amount at risk, shall apply.
24692. (a) Section 469 of the Internal Revenue Code, relating to
passive activity losses and credits limited, shall apply, except as
otherwise provided.
(b) Section 469(c)(7) of the Internal Revenue Code, relating to
special rules for taxpayers in real property business, shall not
apply.
(c) Section 469(d)(2) of the Internal Revenue Code, relating to
passive activity credits, is modified to refer to the following
credits:
(1) The credit for research expenses allowed by Section 23609.
(2) The credit for clinical testing expenses allowed by Section
23609.5.
(3) The credit for low-income housing allowed by Section 23610.5.
(4) The credit for certain wages paid (targeted jobs) allowed by
Section 23621.
(d) Section 469(g)(1)(A) of the Internal Revenue Code is modified
to provide that if all gain or loss realized on the disposition of
the taxpayer's entire interest in any passive activity (or former
passive activity) is recognized, the excess of--
(1) The sum of--
(A) Any loss from that activity for that taxable year (determined
after application of Section 469(b) of the Internal Revenue Code),
plus
(B) Any loss realized on that disposition, over
(2) Net income or gain for the taxable year from all passive
activities (determined without regard to losses described in
paragraph (1)), shall be treated as a loss which is not from a
passive activity.
(e) For purposes of applying Section 469(i) of the Internal
Revenue Code, relating to the twenty-five thousand dollars ($25,000)
offset for rental real estate activities, the dollar limitation for
the credit allowed under Section 23610.5 (relating to low-income
housing) shall be equal to seventy-five thousand dollars ($75,000) in
lieu of the amount specified in Section 469(i)(2) of the Internal
Revenue Code.
(f) Section 502 of the Tax Reform Act of 1986 (Public Law 99-514)
shall apply.
(g) For each taxable year beginning on or after January 1, 1987,
Section 10212 of Public Law 100-203, relating to treatment of
publicly traded partnerships under Section 469 of the Internal
Revenue Code, shall apply, except as otherwise provided.
(h) The amendments to Section 469(k) of the Internal Revenue Code
made by Section 2004 of Public Law 100-647, relating to separate
application of section in case of publicly traded partnerships, shall
apply to each taxable year beginning on or after January 1, 1990,
except as otherwise provided.
24693. (a) Section 468B of the Internal Revenue Code, relating to
special rules for designated settlement funds, shall apply, except as
otherwise provided.
(b) Section 468B(b) of the Internal Revenue Code, which imposes a
tax upon the designated settlement fund, shall be modified for
purposes of this part to provide that a tax shall be imposed upon the
gross income of the fund at a rate equal to the rate in effect for
the taxable year under Section 23501. The income tax imposed upon the
gross income of the fund by this section is in lieu of any other tax
imposed by this part or Part 10 (commencing with Section 17001) upon
or measured by that income.
24694. Section 470 of the Internal Revenue Code, relating to
limitation on deductions allocable to property used by governments or
other tax-exempt entities, shall apply, except as otherwise
provided.