Changes to 2008 Forms
Updates to the Form 540NR (Long) Instructions on 02/27/2013 –– Instructions for 540NR Long Form, California Nonresident or Part-Year Resident Income Tax Return (Long)
We replaced text on Page 20, Column 1, Box A, last bullet.
Excluded gain on the sale of qualified small business stock
Note: text deleted.
Reason for the changes
The Court of Appeal’s held in Cutler v. Franchise Tax Board (2012) 208 Cal. App. 4th 1247, that the qualified small business stock exclusion and deferral statutes under California Revenue and Taxation Code (R&TC) Sections 18152.5 and 18038.5 are unconstitutional. These sections are now invalid and unenforceable.
This revision increases the tax liability for taxpayers who reported a qualified small business stock exclusion or deferral for taxable years beginning on or after January 1, 2008.