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Changes to 2011 Forms

Updates to the 100 Booklet on 02/12/2013 –– Corporation Tax Booklet

We replaced text on:

  1. Page 1, cover page
  2. Page 2, under Table of Contents
  3. Page 5, under “CA law does not conform to federal law” list , Column 2
  4. Page 5, Column 3, Small Business Stock Questionnaire
  5. Pages 35 and 36, Form 3565 and Instructions
  6. Page 47, Column 2, under California Tax Forms and Publications

Previous Version

  1. FTB 3565, Small Business Stock Questionnaire
  2. FTB 3565, Small Business Stock Questionnaire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35
    Instructions for form FTB 3565 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
  3. The changes in the percentage of the gain exclusion for the sale of qualified small business stock acquired after February 17, 2009, and before January 1, 2011.
  4. Small Business Stock Questionnaire
    An information questionnaire, form FTB 3565, Small Business Stock Questionnaire, is included in this booklet. The purpose of this questionnaire is to provide information regarding an issuance of stock pursuant to R&TC Section 18152.5. Corporations that issue stock intended to be qualified small business stock are required to attach form FTB 3565 to Form 100. See the instructions for form FTB 3565 for more information.
  5. Form 3565 and Instructions were on Pages 35 and 36.
  6. FTB 3565, Small Business Stock Questionnaire

Revised Version

  1. Note: text deleted.
  2. Note: text deleted.
  3. Note: text deleted.
  4. Note: text deleted.
  5. Form 3565 and Instructions were eliminated. In their place, we added the text below on Pages 35 and 36:
    THIS PAGE INTENTIONALLY LEFT BLANK
    Visit our website:
    ftb.ca.gov
  6. 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.

Impact

No tax impact.

Back to Tax Form Changes for 2011