Article 2. Banks And Corporations of California Revenue And Taxation Code >> Division 2. >> Part 10.2. >> Chapter 4. >> Article 2.
In the case of taxpayers subject to the tax imposed by
Article 3 (commencing with Section 23181) of Chapter 2 of Part 11,
there shall be due and payable on or before the 15th day of the third
month following the close of the preceding year from each taxpayer a
percentage of its net income as disclosed by its return which is
equal to the rate applicable to corporations subject to the tax
imposed by Article 2 (commencing with Section 23151) of Chapter 2 of
Part 11 plus the personal property tax rate equivalent included in
the bank and financial corporation tax rate determination by the
Franchise Tax Board pursuant to Sections 23186 and 23186.1. The
payment required by this section shall not be less than the minimum
tax specified in Section 23153.
For purposes of this article, in the case of a corporation
or an organization described in Section 23731, the term "estimated
tax" means the amount which the corporation or organization described
in Section 23731 estimates as the amount of the tax imposed by Part
11 (commencing with Section 23001) and the amount of its liability
for the tax of each wholly owned subsidiary under Section 23800.5;
but in no event shall the estimated tax of a corporation subject to
the tax imposed by Article 2 (commencing with Section 23151) of
Chapter 2 of Part 11 be less than the minimum tax prescribed in
Section 23153.
(a) If the amount of estimated tax does not exceed the
minimum tax specified by Section 23153, the entire amount of the
estimated tax shall be due and payable on or before the 15th day of
the fourth month of the taxable year.
(b) Except as provided in subdivision (c), if the amount of
estimated tax exceeds the minimum tax specified by Section 23153, the
amount payable shall be paid in installments as follows:
The following percentages of the
estimated tax
If the shall be paid on the 15th day of
the--
requirements ----------------------------------
+ + +
of this
subdivision 4th 6th 9th 12th
are first met-- month month month month
Before the 1st 30 (but 40 0 30
day of the 4th not less
month of the than the
taxable year ... minimum
tax
provided
in
Section
23153 and
any tax
under
Section
23800.5)
After the last
day of the 3rd
month and
before the 1st
day of the 6th
month of the
taxable year ... __ 60 0 40
After the last
day of the 5th
month and
before the 1st
day of the 9th
month of the
taxable year ... __ __ 70 30
After the last
day of the 8th
month and
before the
1st day of the
12th month of
the taxable
year ........... __ __ __ 100
(c) If a wholly owned subsidiary is first subject to tax under
Section 23800.5 after the last day of the third month of the taxable
year of owner, the amount of the next installment of estimated tax
under subdivision (b) after the wholly owned subsidiary is subject to
tax under Section 23800.5 shall not be less than the amount of the
tax of the wholly owned subsidiary under Section 23800.5 and an
amount equal to that amount shall be due and payable on the date the
installment is required to be paid. For purposes of determining which
installment is the next installment of estimated tax under
subdivision (b), subdivision (b) shall be modified by substituting
"includes the tax of a wholly owned subsidiary under Section 23800.5"
for "exceeds the minimum tax specified by Section 23153."
(d) The amendments made to this section by Section 1 of Chapter 1
of the First Extraordinary Session of the Statutes of 2008 shall
apply to installments due for each taxable year beginning on or after
January 1, 2009, and before January 1, 2010.
(e) The amendments made to this section by the act adding this
subdivision shall apply to installments due for each taxable year
beginning on or after January 1, 2010.
If, after paying any installment of estimated tax required
by subdivision (b) of Section 19025, the taxpayer makes a new
estimate, the amount of each remaining installment (if any) shall be
the amount which would have been payable if the new estimate had been
made when the first estimate for the taxable year was made,
increased or decreased (as the case may be) by the amount computed by
dividing--
(a) The difference between--
(1) The amount of estimated tax required to be paid before the
date on which the new estimate is made, and
(2) The amount of estimated tax which would have been required to
be paid before that date if the new estimate had been made when the
first estimate was made, by
(b) The number of installments remaining to be paid on or after
the date on which the new estimate is made.
The application of this article to taxable years of less
than 12 months shall be in accordance with regulations prescribed by
the Franchise Tax Board.