Section 24953 Of Article 3. Nontaxable Exchanges From California Revenue And Taxation Code >> Division 2. >> Part 11. >> Chapter 15. >> Article 3.
24953
. (a) If gain or loss from the exchange of property in this
state of a taxpayer is not recognized under this part because of
Section 1031 of the Internal Revenue Code, relating to exchange of
property held for productive use or investment, for a taxable year
and the property acquired in that exchange is located outside of this
state, the taxpayer shall file an information return with the
Franchise Tax Board for the taxable year of the exchange and for each
subsequent taxable year in which the gain or loss from that exchange
has not been recognized, in the form and manner prescribed by the
Franchise Tax Board.
(b) If a taxpayer fails to file an information return required
pursuant to subdivision (a), and fails to file a return required
under Part 10.2 (commencing with Section 18401), the Franchise Tax
Board may make an estimate of the net income, from any available
information, including the amount of gain described in subdivision
(a), and may propose to assess the amount of tax, interest, and
penalties due in the same manner as Section 19087.
(c) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code shall not apply to any
standard, criterion, procedure, determination, rule, notice, or
guideline established or issued by the Franchise Tax Board pursuant
to this section.
(d) This section shall apply to exchanges of property that occur
in taxable years beginning on or after January 1, 2014.