Section 23802.5 Of Chapter 4.5. Tax Treatment Of S Corporations And Their Shareholders From California Revenue And Taxation Code >> Division 2. >> Part 11. >> Chapter 4.5.
23802.5
. (a) Section 1366(a)(1) of the Internal Revenue Code,
relating to determination of shareholder's tax liability, is modified
to apply to the final taxable year of a trust or estate that
terminates before the end of the corporation's taxable year.
(b) Section 1366(d)(1)(A) of the Internal Revenue Code, relating
to losses and deductions that cannot exceed shareholder's basis in
stock and debt, is modified to additionally provide that the adjusted
basis of a shareholder's stock in the "S corporation" is to be
decreased by distributions by the corporation that were not
includable in the income of the shareholder by reason of Section 1368
of the Internal Revenue Code.
(c) Section 1366(d)(3) of the Internal Revenue Code, relating to
carryover of disallowed losses and deductions to post-termination
transition period, is modified to provide that to the extent that any
increase in adjusted basis described in Section 1366(d)(3)(B) of the
Internal Revenue Code would have increased the shareholder's amount
at risk under Section 465 if the increase had occurred on the day
preceding the commencement of the post-termination transition period,
rules similar to the rules described in Section 1366(d)(3)(A) to
(C), inclusive, of the Internal Revenue Code shall apply to any
losses disallowed by reason of Section 465(a) of the Internal Revenue
Code.