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SB-668 State Board of Equalization: reports: extension to file.(2017-2018)

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Date Published: 04/20/2017 09:00 PM
SB668:v98#DOCUMENT

Amended  IN  Senate  April 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 668


Introduced by Senator McGuire

February 17, 2017


An act to amend Section 24651 of the Revenue and Taxation Code, relating to taxation. 15620 of the Government Code, relating to the State Board of Equalization.


LEGISLATIVE COUNSEL'S DIGEST


SB 668, as amended, McGuire. Corporation Tax Law: income: methods of accounting. State Board of Equalization: reports: extension to file.
Existing law authorizes the State Board of Equalization to extend the time fixed for filing any report required by it for a period not to exceed 30 days.
This bill would extend that 30-day period to 40 days.

The Corporation Tax Law imposes taxes upon, or measured by, income. Existing law requires the taxpayer’s income to be computed under a method of accounting on the basis of which the taxpayer regularly computes its income in keeping its books, and authorizes the taxpayer to use specified accounting methods.

This bill would make nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 15620 of the Government Code is amended to read:

15620.
 By order entered upon its minutes and for good cause shown, the board may extend for not exceeding 30 40 days the time fixed for filing any report required by it.

SECTION 1.Section 24651 of the Revenue and Taxation Code is amended to read:
24651.

(a)Income shall be computed under the method of accounting on the basis of which the taxpayer regularly computes its income in keeping its books.

(b)If no method of accounting has been regularly used by the taxpayer, or if the method used does not clearly reflect income, the computation of income shall be made under such method as, in the opinion of the Franchise Tax Board, does clearly reflect income.

(c)Subject to subdivisions (a) and (b) and Section 24654, a taxpayer may compute income under any of the following methods of accounting:

(1)The cash receipts and disbursements method.

(2)An accrual method.

(3)Any other method permitted by this part.

(4)Any combination of the foregoing methods permitted under regulations prescribed by the Franchise Tax Board.

(d)A taxpayer engaged in more than one trade or business may, in computing income, use a different method of accounting for each trade or business.

(e)Except as otherwise expressly provided in this part, a taxpayer that changes the method of accounting on the basis of which it regularly computes its income in keeping its books shall, before computing its income under the new method, secure the consent of the Franchise Tax Board.

(f)If the taxpayer does not file with the Franchise Tax Board a request to change the method of accounting, the absence of the consent of the Franchise Tax Board to a change in the method of accounting shall not be taken into account for either of the following:

(1)To prevent the imposition of any penalty, or the addition of any amount to tax, under this part.

(2)To diminish the amount of that penalty or addition to tax.