CHAPTER 1. General Provisions and Definitions [23001. - 23060.]

Chapter 1 added by Stats. 1949, Ch. 557.

§§ 23001–23060 · 54 sections

1. ARTICLE 1. General Provisions §§ 23001–23004 · 4 sections

   • § 23001 This part is known and may be cited as the Corporation Tax Law.
   • § 23002 Except where otherwise expressly provided, all of the provisions of this part are applicable to the taxes imposed respectively under Chapter 2 (commencing with…
   • § 23003 A reference made in this part by number without further identification: (a) To a division, is a reference to that division of this code. (b) To a part, is a…
   • § 23004 Whenever this part refers to “regulations of the Franchise Tax Board,” or makes similar reference, the reference authorizes the Franchise Tax Board to make…
2. ARTICLE 2. Definitions §§ 23030–23060 · 50 sections

   • § 23030 Except where the context otherwise requires, the definitions given in this chapter govern the construction of this part.
   • § 23031 “Franchise Tax Board” means the Franchise Tax Board described in Part 10 (commencing with Section 15700) of Division 3 of Title 2 of the Government Code.…
   • § 23032 “Fiscal year” means an accounting period of twelve months or less ending on the last day of any month other than December.
   • § 23033 “Paid or incurred” and “paid or accrued” shall be construed according to the method of accounting upon the basis of which net income is computed.
   • § 23034 “State” includes the District of Columbia, and the possessions of the United States.
   • § 23035 “Counsel for the Franchise Tax Board” means attorney or attorneys appointed or employed by the Franchise Tax Board and acting subject to the approval and under…
   • § 23036 (a) (1) The term “tax” includes any of the following: (A) The tax imposed under Chapter 2 (commencing with Section 23101). (B) The tax imposed under Chapter 3…
   • § 23036.1 Notwithstanding Section 23036 or any other provision in this part to the contrary, the credit allowed by Section 23630 (relating to natural heritage) may…
   • § 23036.2 (a) Notwithstanding any provision of this part or Part 10.2 (commencing with Section 18401) to the contrary, for each taxable year beginning on or after…
   • § 23036.3 (a) Notwithstanding any provision of this part or Part 10.2 (commencing with Section 18401) to the contrary, except as provided in subdivision (d), for…
   • § 23036.4 (a) Notwithstanding any provision of this part or Part 10.2 (commencing with Section 18401) to the contrary, except as provided in subdivision (d), for…
   • § 23036.5 (a) (1) For taxable years beginning on or after January 1, 2024, and before January 1, 2030, a taxpayer may make an election to receive an annual refundable…
   • § 23036.6 (a) Notwithstanding any provision of this part or Part 10.2 (commencing with Section 18401) to the contrary, except as provided in subdivision (d), for…
   • § 23037 “Taxpayer” means any person subject to the tax imposed under Chapter 2 (commencing with Section 23101), Chapter 2.5 (commencing with Section 23400), or Chapter…
   • § 23038 (a) “Corporation” includes every corporation except corporations expressly exempt from the tax by this part or the Constitution of this state. (b) (1) For the…
   • § 23038.5 (a) Section 7704 of the Internal Revenue Code, relating to certain publicly traded partnerships treated as corporations, shall apply, except as otherwise…
   • § 23039 “Bank” includes national banking associations. “Bank” includes any “bank” operated by any receiver, liquidator, referee, trustee or other officers or agents…
   • § 23040 Income derived from or attributable to sources within this State includes income from tangible or intangible property located or having a situs in this State…
   • § 23040.1 (a) Notwithstanding Sections 23040 and 25101, income derived from or attributable to sources within this state shall not include: (1) The distributive share of…
   • § 23041 “Taxable year” means: (a) For the purposes of the tax imposed under Chapter 2 (commencing with Section 23101), the calendar year, or the fiscal year for which…
   • § 23042 (a) For taxable years beginning prior to January 1, 2000, and the first taxable year beginning on or after January 1, 2000, “income year” means: (1) For the…
   • § 23043.5 For purposes of this part, in determining the amount of gain or loss (or deemed gain or loss) with respect to any property, Section 7701(g) of the Internal…
   • § 23044 “International banking facility” means a facility represented by a set of asset and liability accounts segregated on the books and records of a commercial…
   • § 23045 For purposes of this part: (a) Section 7702 of the Internal Revenue Code, relating to life insurance contract defined, shall apply, except as otherwise…
   • § 23045.1 For purposes of this part, the term “substituted basis property” has the same meaning given that term by Section 7701(a)(42) of the Internal Revenue Code.
   • § 23045.2 For purposes of this part, the term “transferred basis property” has the same meaning given that term by Section 7701(a)(43) of the Internal Revenue Code,…
   • § 23045.3 For purposes of this part, the term “exchanged basis property” has the same meaning given that term by Section 7701(a)(44) of the Internal Revenue Code, except…
   • § 23045.4 For purposes of this part, the term “nonrecognition transaction” has the same meaning given that term by Section 7701(a)(45) of the Internal Revenue Code,…
   • § 23045.5 For purposes of this part, the term “domestic building and loan association” has the same meaning given that term by Section 7701(a)(19) of the Internal…
   • § 23045.6 (a) For the purposes of this part, except as otherwise provided, the determination of whether an individual is an employee shall be governed by of Article 1.5…
   • § 23046 Section 7701(a)(46) of the Internal Revenue Code, relating to determination of whether there is a collective bargaining agreement, shall apply, except as…
   • § 23046.5 (a) Section 7701(n) of the Internal Revenue Code, relating to convention or association of churches, shall apply, except as otherwise provided. (b) The phrase…
   • § 23047 Section 7701(e) of the Internal Revenue Code, relating to treatment of certain contracts for providing services, etc., shall apply, except as otherwise…
   • § 23048 Taxable mortgage pools shall be defined and treated in accordance with Section 7701(i) of the Internal Revenue Code, except as otherwise provided.
   • § 23049 Section 7701(h) of the Internal Revenue Code, relating to motor vehicle operating leases, shall apply, except as otherwise provided.
   • § 23049.1 Section 64 of the Internal Revenue Code, relating to the definition of ordinary income, shall apply.
   • § 23049.2 Section 65 of the Internal Revenue Code, relating to the definition of ordinary loss, shall apply.
   • § 23050 Definitions, other than general definitions, are set forth in the chapter to which specifically applicable.
   • § 23051 The term “Bank and Corporation Tax Law of 1954,” means Part 11 of Division 2 of the Revenue and Taxation Code as enacted by Statutes 1949, Chapter 557, and as…
   • § 23051.5 (a) (1) Unless otherwise specifically provided, the terms “Internal Revenue Code,” “Internal Revenue Code of 1954,” or “Internal Revenue Code of 1986,” for…
   • § 23051.7 (a) The enactment of the act adding this section to the code shall not deprive any taxpayer of any carryover of a credit, excess contribution, or loss to which…
   • § 23052 The provisions of this code insofar as they are substantially the same as existing statutory provisions relating to the same subject matter shall be construed…
   • § 23053 The repeal of any provision of the Bank and Corporation Tax Law shall not affect any act done or any right accruing or accrued, or any suit or proceeding had…
   • § 23054 For the purpose of applying the Bank and Corporation Tax Law of 1954 or the Bank and Corporation Tax Law as herein enacted to any period, any reference in…
   • § 23055 Any provision of this part which refers to the application of any portion of this part to a prior period (or which depends upon the application to a prior…
   • § 23056 Division, part, chapter, article, section and subsection headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the…
   • § 23057 If any chapter, article, section, subsection, clause, sentence or phrase of this part which is reasonably separable from the remaining portions of this part,…
   • § 23058 Unless otherwise specifically provided therein, the provisions of any act: (a) That affect the imposition or computation of tax, penalties, or the allowance of…
   • § 23059 Unless expressly otherwise provided in this part, any notice may be given by first-class mail postage prepaid.
   • § 23060 Provisions in other codes or General Law Statutes that are related to this part include all of the following: (a) Chapter 20.6 (commencing with Section 9891)…