Jurris.COM
Section 25111 Of Article 1.5. Water's-edge Election From California Revenue And Taxation Code >> Division 2. >> Part 11. >> Chapter 17. >> Article 1.5.
25111
. (a) For taxable years beginning before January 1, 2003, the
making of a water's-edge election as provided for in Section 25110
shall be made by contract with the Franchise Tax Board in the
original return for a year and shall be effective only if every
taxpayer that is a member of the water's-edge group and which is
subject to tax under this part makes the election. A single taxpayer
that is engaged in more than one business activity subject to
allocation and apportionment as provided in Article 2 (commencing
with Section 25120) of Chapter 17 may make a separate election for
each business. The form and manner of making the water's-edge
election shall be prescribed by the Franchise Tax Board. Each
contract making a water's-edge election shall be for an initial term
of 84 months, except as provided in subdivision (b). Each contract
shall provide that on the anniversary date of the contract or any
other annual date specified by the contract a year shall be added
automatically to the initial term unless notice of nonrenewal is
given as provided in subdivision (d). An affiliated corporation that
is a member of the water's-edge group and subsequently becomes
subject to tax under this part or is a nonelecting taxpayer that is
subsequently proved to be a member of the water's-edge group pursuant
to a Franchise Tax Board audit determination, as evidenced by a
notice of deficiency proposed to be assessed or a notice of tax
change, shall be deemed to have elected.
No water's-edge election shall be made for a taxable year
beginning prior to January 1, 1988.
(b) A water's-edge election may be terminated by a taxpayer prior to the end of the 84-month period if either of the following occurs:
(1) The taxpayer is acquired directly or indirectly by a nonelecting entity which alone or together with those affiliates included in its combined report is larger than the taxpayer as measured by equity capital.
(2) With the permission of the Franchise Tax Board.
(c) In granting a change of election, the Franchise Tax Board shall impose any conditions that are necessary to prevent the avoidance of tax or to clearly reflect income for the period the election was, or was purported to be, in effect. These conditions may include a requirement that income, including dividends paid from income earned while a water's-edge election was in effect, which would have been included in determining the income of the taxpayer from sources within and without this state pursuant to Section 25101 but for the water's-edge election shall be included in income in the year in which the election is changed.
(d) If the taxpayer desires in any year not to renew the election, the taxpayer shall serve written notice of nonrenewal upon the board at least 90 days in advance of the annual renewal date. Unless that written notice is provided to the board, the election shall be considered renewed as provided in subdivision (a).
(e) If the taxpayer serves notice of intent in any year not to renew the existing water's-edge election, that existing election shall remain in effect for the balance of the period remaining since the original election or the last renewal of the election, as the case may be.
(f) To the extent that a taxpayer would have been required to file on a water's-edge basis in its first taxable year beginning on or after January 1, 2003, pursuant to a water's-edge election made in a prior year under this section, the terms of this section no longer apply and that election shall be deemed to have been made under the terms of Section 25113. However, the commencement date of the election made in a prior year under this section shall continue to be treated as the commencement date of the water's-edge election period for purposes of applying the provisions of Section 25113.
(b) A water's-edge election may be terminated by a taxpayer prior to the end of the 84-month period if either of the following occurs:
(1) The taxpayer is acquired directly or indirectly by a nonelecting entity which alone or together with those affiliates included in its combined report is larger than the taxpayer as measured by equity capital.
(2) With the permission of the Franchise Tax Board.
(c) In granting a change of election, the Franchise Tax Board shall impose any conditions that are necessary to prevent the avoidance of tax or to clearly reflect income for the period the election was, or was purported to be, in effect. These conditions may include a requirement that income, including dividends paid from income earned while a water's-edge election was in effect, which would have been included in determining the income of the taxpayer from sources within and without this state pursuant to Section 25101 but for the water's-edge election shall be included in income in the year in which the election is changed.
(d) If the taxpayer desires in any year not to renew the election, the taxpayer shall serve written notice of nonrenewal upon the board at least 90 days in advance of the annual renewal date. Unless that written notice is provided to the board, the election shall be considered renewed as provided in subdivision (a).
(e) If the taxpayer serves notice of intent in any year not to renew the existing water's-edge election, that existing election shall remain in effect for the balance of the period remaining since the original election or the last renewal of the election, as the case may be.
(f) To the extent that a taxpayer would have been required to file on a water's-edge basis in its first taxable year beginning on or after January 1, 2003, pursuant to a water's-edge election made in a prior year under this section, the terms of this section no longer apply and that election shall be deemed to have been made under the terms of Section 25113. However, the commencement date of the election made in a prior year under this section shall continue to be treated as the commencement date of the water's-edge election period for purposes of applying the provisions of Section 25113.
