Article 6. Corporations Resuming Business of California Revenue And Taxation Code >> Division 2. >> Part 11. >> Chapter 2. >> Article 6.
(a) (1) When a taxpayer ceases to do business within the
state during any taxable year and does not dissolve or withdraw from
the state during that year, and does not resume doing business during
the succeeding taxable year, its tax for the taxable year in which
it resumes doing business prior to January 1, 2000, shall be the
greater of the following:
(A) The tax computed upon the basis of the net income of the
income year in which it ceased doing business, except where the
income has already been included in the measure of a tax imposed by
this chapter.
(B) The minimum tax prescribed in Section 23153.
(2) When a taxpayer ceases to do business within the state during
any taxable year and does not dissolve or withdraw from the state
during that year, and does not resume doing business during the
succeeding taxable year, its tax for the taxable year in which it
resumes doing business, on or after January 1, 2000, shall be
according to or measured by its net income for the taxable year in
which it resumes doing business.
(b) The tax shall be due and payable at the time the corporation
resumes doing business, or on or before the 15th day of the third
month following the close of its taxable year, whichever is later.
All the provisions of this part relating to delinquent taxes shall be
applicable to the tax if it is not paid on or before its due date.
(c) This section does not apply to a corporation which became
subject to Chapter 3 (commencing with Section 23501) after it
discontinued doing business in this state (see Section 23224.5).
(a) The tax imposed upon any taxpayer which has suffered the
suspension or forfeiture provided in Section 23301, and which
revives in any taxable year other than the taxable year in which
suspension or forfeiture occurred, shall be computed in the same
manner as provided in Sections 23222 to 23224, inclusive, relative to
the computation of taxes upon taxpayers commencing to do business
for the first time after incorporation or qualification. In addition
to the taxes, penalties, and interest specified in Section 23305,
such taxpayer shall prepay a tax in an amount equal to the minimum
tax provided for in Section 23153 as a condition precedent to the
issuance of a certificate of revivor.
(b) After December 31, 1971, and before January 1, 2000, the tax
imposed upon any taxpayer which has suffered the suspension or
forfeiture provided in Section 23301, and which revives in any
taxable year other than the taxable year in which suspension or
forfeiture occurred, shall be--
(1) In the case of a taxpayer which was doing business in the
year next preceding the year in which revivor took place, computed
upon the basis of the net income for that next preceding income year,
(2) In the case of a taxpayer which resumed doing business in the
year of revivor, computed upon the basis of the net income for the
year in which it ceased doing business, unless such income is or has
otherwise been subject to tax,
(3) In the case of a taxpayer which first commences to do
business in the year of revivor, the minimum tax provided in Section
23153,
(4) In no event less than the minimum tax provided in Section
23153.
In addition to the taxes, penalties, and interest specified in
Section 23305, such taxpayer shall prepay the minimum tax imposed by
this subdivision as a condition precedent to the issuance of a
certificate of revivor.
(c) After December 31, 1999, the tax imposed upon any taxpayer
that has suffered the suspension or forfeiture provided in Section
23301, and that revives in any taxable year other than the taxable
year in which suspension or forfeiture occurred, shall be computed
upon the basis of the net income for the taxable year in which it
revives, but in no event less than the minimum tax provided in
Section 23153.