The following revisions clarify apportionment of income for purposes of determining annual limited liability (LLC) fees due to the Franchise Tax Board (FTB) from multi-state LLCs.
Revenue and Taxation Code §25136
Amended by S.B. 858
Effective: For taxable years beginning January 1, 2011
For purposes of calculating the annual limited liability company (LLC) fee due to the Franchise Tax Board (FTB) from a multi-state LLC doing business in California, the calculation of gross income can be made:
- by electing to be taxed under a single sales factor; or
- by making no election, resulting in the LLC being taxed under property, payroll and double sales factors.
If a multistate LLC elects to be taxed under a single sales factor, the gross income upon which the annual fee is based is apportioned to California for:
- services received in California;
- the sale of intangible property used in California;
- the sale of marketable securities if the buyer is in California;
- the sale, lease, rental or licensing of real property located in California; and
- the rental, lease or licensing of tangible personal property located in California.
If a multistate LLC does not make an election to be taxed under a single sales factor, the gross income upon which the annual fee is based is apportioned to California for:
- income-producing activity performed in California; or
- the greater proportion of income-producing activity is performed in California, based on performance costs.
The amount of the filing fee will be based on the New York source gross income for the tax year immediately preceding the tax year for which the fee is due.