Cal. Rev. & Tax. Code § 17144

Current through the 2023 Legislative Session.
Section 17144 - Modification of IRC Section 108
(a) Section 108(b)(2)(B) of the Internal Revenue Code, relating to general business credit, is modified by substituting "this part" in lieu of "Section 38 (relating to general business credit)."
(b) Section 108(b)(2)(G) of the Internal Revenue Code, relating to foreign tax credit carryovers, shall not apply.
(c) Section 108(b)(3)(B) of the Internal Revenue Code, relating to credit carryover reduction, is modified by substituting "11.1 cents" in lieu of "331/3 cents" in each place in which it appears. In the case where more than one credit is allowable under this part, the credits shall be reduced on a pro rata basis.
(d) Section 108(g)(3)(B) of the Internal Revenue Code, relating to adjusted tax attributes, is modified by substituting "($9)" in lieu of "($3)."
(e)
(1) If a taxpayer makes an election for federal income tax purposes under Section 108(c) of the Internal Revenue Code, relating to treatment of discharge of qualified real property business indebtedness, a separate election shall not be allowed under paragraph (3) of subdivision (e) of Section 17024.5 and the federal election shall be binding for purposes of this part.
(2) If a taxpayer has not made an election for federal income tax purposes under Section 108(c) of the Internal Revenue Code, relating to treatment of discharge of qualified real property business indebtedness, then the taxpayer shall not be allowed to make that election for purposes of this part.
(f) Section 108(i) of the Internal Revenue Code, relating to deferral and ratable inclusion of income arising from business indebtedness discharged by the reacquisition of a debt instrument, shall not apply.

Ca. Rev. and Tax. Code § 17144

Amended by Stats 2015 ch 359 (AB 154),s 10, eff. 9/30/2015, op. for taxable years beginning on or after 1/1/2015.
Amended by Stats 2005 ch 691 (AB 115),s 15, eff. 1/1/2006
Amended by Stats 2002 ch 34 (SB 657),s 12, eff. 5/8/2002.
Amended by Stats 2002 ch 35 (AB 1122),s 12, eff. 5/8/2002.
Previously Amended October 10, 1999 (Bill Number: SB 1229) (Chapter 987).
See Stats 2002 ch 35 (AB 1122), s 66.