Section 18536 Of Article 1. Individuals And Fiduciaries From California Revenue And Taxation Code >> Division 2. >> Part 10.2. >> Chapter 2. >> Article 1.
18536
. (a) In lieu of electing nonresident directors filing a
return pursuant to Section 18501, the Franchise Tax Board may,
pursuant to requirements and conditions set forth in applicable forms
and instructions, provide for the filing of a group return by a
corporation for one or more electing nonresident individuals who
receive wages, salaries, fees, or other compensation from that
corporation for director services, including attendance of board of
directors' meetings that take place in this state. The tax rate or
rates applicable to each director's compensation for services
performed in this state shall consist of highest marginal rate or
rates provided for by Part 10 (commencing with Section 17001) of
Division 2 plus, in the case of any electing nonresident director
included on the group return who would be subject to Section 17043
when filing individually, an additional tax rate of 1 percent and no
deductions or credits shall be allowed. As required by the Franchise
Tax Board, the corporation, as the agent for the electing nonresident
directors, shall make the payments of tax, additions to tax,
interest, and penalties otherwise required to be paid by, or imposed
on, the electing directors.
(b) The Franchise Tax Board may adjust the income of an electing
nonresident taxpayer included in a group return filed under this
section to properly reflect the income under Part 10 (commencing with
Section 17001) of Division 2.