Section 18002 Of Chapter 12. Credit For Taxes Paid From California Revenue And Taxation Code >> Division 2. >> Part 10. >> Chapter 12.
18002
. (a) Subject to the following conditions, nonresidents shall
be allowed a credit against the "net tax" (as defined by Section
17039) for net income taxes imposed by and paid to the state of
residence (not including any preference, alternative, or minimum tax
comparable to the tax imposed by Section 17062) on income taxable
under this part:
(1) The credit shall be allowed only if the state of residence
either does not tax income of residents of this state derived from
sources within that state or allows residents of this state a credit
against the taxes imposed by that state on such income for "net tax"
(as defined by Section 17039) paid or payable thereon under this
part.
(2) The credit shall not be allowed for taxes paid to a state
which allows its residents a credit against the taxes imposed by that
state for "net tax" (as defined by Section 17039) paid or payable
under this part irrespective of whether its residents are allowed a
credit against the taxes imposed by this part for income taxes paid
to that state.
(3) Credit shall be allowed only for such proportion of the taxes
paid to the state of residence (not including any preference,
alternative, or minimum tax comparable to the tax imposed by Section
17062) as the income taxable under this part and also subject to tax
in the state of residence bears to the entire income upon which the
taxes paid to the state of residence are imposed.
(4) The credit shall not exceed such proportion of the "net tax"
(as defined by Section 17039) payable under this part as the income
subject to tax in the state of residence and also taxable under this
part bears to the entire income taxable under this part.
(5) No credit shall be allowed under this section for any tax
imposed by Section 17062.
(b) For purposes of this section, the amount of "net income taxes"
paid to another state shall include the taxpayer's pro rata share of
any taxes on, or according to, or measured by, income or profits
paid or accrued, which were paid by an S corporation, as provided by
Section 18006.