Changes to 2012 Forms
Updates to the Schedule K-1 (100S) Instructions on 02/12/2013 –– Instructions for 100S Schedule K-1, Shareholder's Share of Income, Deductions, Credits, etc.
We replaced text on Page 3, Column 1, Line 10b, Other income (loss), bullet 9.
Any gain from the sale or exchange of qualified small business stock under IRC Section 1202.
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.
Taxpayers are required to report the gain from sale of QSBS on the “Capital gain line” instead of being reported on the “Other income line.”
No tax impact.