COURSE OUTLINE Accounting 656 California and Multistate Taxation Kathryn M. Jaques

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Accounting 656

California and Multistate Taxation

Kathryn M. Jaques

Fall 2015

Date

08/24

08/31

09/07

09/14

09/21

09/28

10/05

COURSE OUTLINE

Topic

Introduction, administrative matters

Review of text & source materials

Overview of State Tax Systems

Introduction to Multistate Income Taxation

STATE TAXATION OF MULTISTATE CORPORATIONS

States' jurisdiction to tax: Constitutional limitations

 Due process

 Interstate commerce

 Foreign commerce

 Nexus issues

 Retroactivity

LABOR DAY HOLIDAY - no class meeting

States' jurisdiction to tax: Statutory limitations

 State statutes

 Public Law 86-272

 Other federal statutes

The unitary business concept

 Significance of unitary concept

 Historical development

 Current issues

 Worldwide combined reporting

 Water's edge election

Allocation of nonbusiness income

 Identifying nonbusiness income

 Allocation of nonbusiness income

 Interest offset, contributions adjustment

MID-TERM EXAM: Take-home, due 10/05

Apportionment of business income

 Property factor

 Payroll factor

 Sales factor

1

Accounting 656

California and Multistate Taxation

Kathryn M. Jaques

Fall 2015

10/12

10/19

10/26

11/02

11/09

INTRODUCTION TO CALIFORNIA TAX LAW

Structure of California tax statutes; legislative process

California state tax administrative structure

Steps in controversy with Franchise Tax Board

CALIFORNIA CORPORATION TAX LAW

Administrative provisions: filing requirements, penalties, statute of limitations

Franchise tax vs. corporate income tax

Taxation of financial corporations

Commencing and dissolving California corporations

California tax base

Tax benefits in incentive areas

Corporate AMT

NOLs

Credits for corporations

California S corporations

MULTISTATE CORPORATE INCOME TAX COMPLIANCE

State tax filing options for affiliated groups

The California combined report

Apportionment by relative factors (intrastate apportionment)

 Effect of nonbusiness income/loss

 NOLs and AMTs

 Combining corporations on different fiscal years

Factor representation

Combining partnerships

Special industry formulas, Sec. 25137

Tax planning for multistate corporations

MID-TERM EXAM, take-home, due 11/09

CALIFORNIA PERSONAL INCOME TAX LAW

Overview of California statutes

Administrative provisions

California-federal differences for individuals

Tax credits for individuals

California taxation of nonresidents and part-year residents

 Significance of residence

 Domicile and residence

 Who is a resident

 Special rules for military personnel

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Accounting 656

California and Multistate Taxation

Kathryn M. Jaques

Fall 2015

11/16

11/23

11/30

12/07

12/14

 California source income

 Determination of income on change of residence

 Mechanics of Form 540NR

 Credits for nonresidents

 AMT for nonresidents

Flowthrough entities: partnerships, S corporations, LLCs

 Entity level taxation

 Taxation of resident and nonresident partners/stockholders/members

Estates & trusts

 Taxability at entity level

 Taxation of resident and nonresident beneficiaries

 Surviving spouse basis

SALES & USE TAX LAW

Introduction to sales & use taxes

Administration

Steps in controversy with SBE

Obtaining a seller's permit

Transactions subject to sales & use taxes

 Sales tax vs. use tax

 Leases of tangible personal property

Transactions exempt from sales & use taxes

 Sales for resale

 Sales in interstate or foreign commerce

 Sales to exempt purchasers

 Sales of exempt property

 Occasional sales

Giving and accepting resale certificates

What to expect in a sales & use tax audit

Reverse audits

FINAL EXAM, take-home, due 12/14

Turn in final exam, review

3

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