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Changes to 2011 Forms

Updates to the 100W Booklet on 02/12/2013 –– Corporation Tax Booklet Water's-Edge Filers

We replaced text on:

  1. Page 4, Column 3, under CA law does not conform to federal law, Bullet 6
  2. Page 5, Column 2, Small Business Stock
  3. Page 51, Column 2, under California Tax Forms and Publications

Previous Version

  1. 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.
  2. Small Business Stock
    Corporations that issue stock intended to be qualified small business stock pursuant to R&TC Section 18152.5 are required to attach form FTB 3565, Small Business Stock Questionnaire, to Form 100W.
  3. FTB 3565, Small Business Stock Questionnaire

Revised Version

  1. Note: text deleted.
  2. Note: text deleted.
  3. 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.


No tax impact.

Back to Tax Form Changes for 2011