Do you own a business in California? If so, it's important to understand the 2016 Ca Form 568. This document is used to report your business income and expenses to the state of California, and it's due by May 15th. In this blog post, we'll explain what you need to know about the 2016 Ca Form 568. We'll also provide a simple guide on how to complete the form. So if you're looking for information on the 2016 Ca Form 568, you've come to the right place! Stay tuned for our next post, where we'll discuss some of the common mistakes businesses make when completing this form.
This figure contains details about 2016 ca form 568. Prior to fill out the form, it is definitely worth reviewing more about it.
Question | Answer |
---|---|
Form Name | 2016 Ca Form 568 |
Form Length | 64 pages |
Fillable? | No |
Fillable fields | 0 |
Avg. time to fill out | 16 min |
Other names | ca form 568, form 568 instructions, form 568, form ca 568 instructions |
CALIFORNIA
FORMS & INSTRUCTIONS
Members of the Franchise Tax Board
Betty T. Yee, Chair
George Runner, Member
Keely Bosler, Member
568
2018
Limited Liability Company Tax Booklet
This booklet contains:
Form 568, Limited Liability Company Return of Income
FTB 3537 (LLC), Payment for Automatic Extension for LLCs
FTB 3522, LLC Tax Voucher
FTB 3536 (LLC), Estimated Fee for LLCs
FTB 3832, Limited Liability Company Nonresident Members’ Consent
FTB 3885L, Depreciation and Amortization Schedule D (568), Capital Gain or Loss
Schedule EO (568),
Schedule
For more information regarding
Table of Contents
What’s New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Speciic Instructions for Form 568 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Instructions for Schedule IW, LLC Income Worksheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Instructions for Schedule K (568) and Schedule
Business
Business
•Form 568, Limited Liability Company Return of Income
•Form 565, Partnership Return of Income
•Form 100, California Corporation Franchise or Income Tax Return, including combined reports
•Form 100W, California Corporation Franchise or Income Tax Return –
•Form 100S, California S Corporation Franchise or Income Tax Return
•Form 100X, Amended Corporation Franchise or Income Tax Return
•Form 199, California Exempt Organization Annual Information Return
For more information, go to ftb.ca.gov and search for business eile.
Page 2 Form 568 Booklet 2018
2018 Instructions for Form 568, Limited Liability Company Return of Income
References in these instructions are to the Internal Revenue Code (IRC) as of January 1, 2015, and to the California Revenue and Taxation Code (R&TC).
In general, for taxable years beginning on or after January 1, 2015, California law conforms to the Internal Revenue Code (IRC) as of January 1, 2015. However, there are continuing differences between California and federal law. When California conforms to federal tax law changes, we do not always adopt all of the changes made at the federal level. For more information, go to ftb.ca.gov and search for conformity. Additional information can be found in FTB Pub. 1001, Supplemental Guidelines to California Adjustments, the instructions for California Schedule CA (540 or 540NR), and the Business Entity tax booklets.
The instructions provided with California tax forms are a summary of California tax law and are only intended to aid taxpayers in preparing their state income tax returns. We include information that is most useful to the greatest number of taxpayers in the limited space available. It is not possible to include all requirements of the California Revenue and Taxation Code (R&TC) in the instructions. Taxpayers should not consider the instructions as authoritative law.
What’s New
Federal Tax Reform – The Tax Cuts and Jobs Act (TCJA) signed into law on December 22, 2017, made changes to the IRC. In general, California R&TC does not conform to the changes. California taxpayers continue to follow the IRC as of the speciied date of January 1, 2015, with modiications.
New Partnership Audit Regime – For federal purposes, the Bipartisan Budget Act of 2015 replaced the Tax Equity and Fiscal Responsibility Act of 1982, creating a centralized partnership audit regime, and generally transferring the liability for the tax due to the partnership. All partnerships with tax years beginning after 2017 are subject to this new regime unless an eligible partnership elects out. For California purposes, taxable years beginning on or after January 1, 2018, partnerships are required to report each change or correction made by the Internal Revenue Service (IRS), to the Franchise Tax Board (FTB), for the reviewed year within six months after the date of each inal federal determination, and will generally be liable for the tax due.
New Deduction for
Deferred Foreign Income – Under IRC Section 965, U.S. shareholders of speciied foreign corporations may have to include certain deferred foreign income on its income tax return. California does not conform. If you reported IRC 965 inclusions and deductions on Form 1065, U.S. Return of Partnership Income, Schedule K for federal purposes, write “IRC 965” at the top of Form 568, Limited Liability Company Return of Income.
Global Intangible
New Employment Credit – The sunset date for the New Employment Credit is extended until taxable years beginning before January 1, 2026. For more information, go to ftb.ca.gov and search for nec or get form FTB 3554, New Employment Credit.
California Competes Tax Credit – The sunset date for the California Competes Tax Credit is extended until taxable years beginning before January 1, 2030. For more information, go to the
Qualiied Opportunity Zone Funds – The TCJA established Opportunity Zones. IRC Sections
Schedule
Technical Terminations – The TCJA repealed the IRC Section 708(b)(1)
(B)rule providing for technical terminations of partnerships. California law does not conform to the federal repeal of the technical terminations of a partnership. For California purposes, two short period returns are still required.
Depreciation Limitation – California does not conform to the TCJA modiication to depreciation limitations on luxury automobiles (IRC Section 280F). See FTB 3885L, Depreciation and Amortization, for more information.
General Information
AImportant Information
LLCs Classiied as Partnerships File Form 568
LLCs may be classiied for tax purposes as a partnership, a corporation, or a disregarded entity. The LLC must ile the appropriate California tax return for its classiication. LLCs classiied as a:
•Partnership ile Form 568, Limited Liability Company Return of Income.
•General corporation ile Form 100, California Corporation Franchise or Income tax Return.
•S corporation ile Form 100S, California S Corporation Franchise or Income Tax Return.
•Disregarded entities, see General Information S,
LLCs classiied as partnerships should not ile Form 565, Partnership Return of Income.
The LLC will ile Form 565 only if it meets an exception. For more information, see the exceptions in General Information D, Who Must File.
Paperless Schedule
Extension Due Date – For taxable years beginning on or after
January 1, 2017, the extension period for a limited liability company (LLC) classiied as a partnership to ile its tax return has changed from six months to seven months. See General Information E, When and Where to File, for more information.
Return Due Date Change – For taxable years beginning on or after
January 1, 2016, the due date for an LLC classiied as a partnership to ile its tax return changed to the 15th day of the 3rd month following the close of the taxable year. For the return due date for a single member LLC (SMLLC), see General Information E, When and Where to File.
Information Return Due Date Change – Beginning on or after January 1, 2016, for withholding on foreign
to ile Form
Penalty for
Business
Form 568 Booklet 2018 Page 3
Web Pay – LLCs can make payments online using Web Pay for Businesses. LLCs can make an immediate payment or schedule payments up to a year in advance. For more information, go to ftb.ca.gov/pay. Do not ile form FTB 3588, Payment Voucher for LLC
Credit Card – LLCs can use a Discover, MasterCard, Visa, or American Express card to pay business taxes. Go to oficialpayments.com.
Oficial Payments Corp. charges a convenience fee for using this service. Do not ile form FTB 3588.
Electronic Funds Withdrawal (EFW) – LLCs can make an annual tax, estimated fee, or extension payment using tax preparation software. Check with your software provider to determine if they support EFW for annual tax, estimated fee, or extension payments.
Payments and Credits Applied to Use Tax – For taxable years beginning on or after January 1, 2015, if an LLC includes use tax on its income tax return, payments and credits will be applied to use tax irst, then towards franchise or income tax, interest, and penalties. For more information, see General Information W, California Use Tax and Speciic Instructions.
January 1, 2014, California requires taxpayers who exchange property located in California for
Apportioning Trade or Business. “Apportioning trade or business” means a distinct trade or business whose business income is required to be apportioned because it has income derived from sources within this state and from sources outside this state. An apportioning trade or business can be conducted in many forms, including, but not limited to, the following:
(A)A corporation that is a taxpayer.
(B)A combined reporting group that includes at least one taxpayer member.
(C)A nonunitary division of a member of a combined reporting group that includes at least one taxpayer member.
(D)A partnership that is partially owned by but not unitary with either
(1) a partner that is a corporation that is a taxpayer, or (2) a member of a combined reporting group that includes at least one taxpayer member.
(E)A disregarded entity that is not unitary with an owner that is either (1) a corporation that is a taxpayer, or (2) a member of a combined reporting group that includes at least one taxpayer member.
(F)A sole proprietorship that is operated by an individual who is not a resident of California.
(G)A partnership that is operated by one or more individual(s) who are not residents of California.
For more information, get Schedule R, Apportionment and Allocation of Income.
Gross Receipts – R&TC Section 25120 was amended to add the deinition of gross receipts. For a complete deinition of “gross receipts”, refer to R&TC Section 25120(f), or go to ftb.ca.gov and search for 25120.
Market Assignment – R&TC Section 25136 requires all taxpayers to assign sales, other than sales of tangible personal property, using market assignment. For more information, get Schedule R or go to ftb.ca.gov and search for market assignment.
Doing Business – A taxpayer is doing business if it actively engages in any transaction for the purpose of inancial or pecuniary gain or proit in California or if any of the following conditions are satisied:
yThe taxpayer is organized or commercially domiciled in California.
yThe sales as deined in R&TC Section 25120(e) or (f), of the taxpayer in California, including sales by the taxpayer’s agents and independent contractors, exceed the lesser of $583,867 or 25% of the taxpayer’s total sales.
yThe real property and tangible personal property of the taxpayer in California exceed the lesser of $58,387 or 25% of the taxpayer’s total real property and tangible personal property.
yThe amount paid in California by the taxpayer for compensation, as deined in R&TC Section 25120(c), exceeds the lesser of $58,387 or 25% of the total compensation paid by the taxpayer.
In determining the amount of the taxpayer’s sales, property, and payroll for doing business purposes, include the taxpayer’s pro rata share of amounts from partnerships and S corporations. These amounts are reported on the member’s Schedule
Partnerships and LLCs are considered doing business in California if they have a general partner or member doing business on their behalf in California. Likewise, general partners and members are considered doing business in California if the partnership or LLC, respectively, is doing business in this state. For more information, see R&TC Section 23101 or go to ftb.ca.gov and search for doing business.
Backup Withholding – With certain limited exceptions, payers that are required to withhold and remit backup withholding to the IRS are also required to withhold and remit to the FTB on income sourced to California. If the payee has backup withholding, the payee must contact the FTB to provide a valid Taxpayer Identiication Number (TIN), before iling the tax return. Failure to provide a valid TIN may result in a denial of the backup withholding credit. For more information, go to ftb.ca.gov and search for backup withholding.
Suspension/Forfeiture – LLCs are suspended or forfeited for failure to ile or failure to pay. See General Information V, Suspension/Forfeiture, for more information.
Estimated Fee for LLCs
The LLC must estimate the fee it will owe for the year and make an estimated fee payment by the 15th day of the 6th month of the current taxable year. LLCs will use form FTB 3536, Estimated Fee for LLCs, to remit the estimated fee. A penalty will apply if the LLC’s estimated fee payment is less than the fee owed for the year. The penalty is equal to 10% of the amount of the LLC fee owed for the year over the amount of the timely estimated fee payment. A penalty will not be imposed if the estimated fee paid by the due date is equal to or greater than the total amount of the fee of the LLC for the preceding taxable year.
The LLC fee remains due and payable by the due date of the LLC’s return. LLCs will use form FTB 3536 to pay by the due date of the LLC’s return, any amount of LLC fee owed that was not paid as a timely estimated fee payment. If the taxable year of the LLC ends prior to the 15th day of the 6th month of the taxable year, no estimated fee payment is due, and the LLC fee is due on the due date of the LLC’s return. See General Information F, Limited Liability Company Tax and Fee, for more information.
LLC Fee
The LLC fee is based on total California source income rather than on worldwide total income. For more information, see Schedule IW, LLC Income Worksheet Instructions, included in this booklet.
Series LLC
A series LLC is a single LLC that has separate allocations of assets each within its own series. When iling form FTB 3522, LLC Tax Voucher, write “Series LLC # ___” after the name for each series. In addition, write “Series LLC” in red on the top right margin of the voucher. Only the irst series to pay tax or ile a return may use a California Secretary of State (SOS) ile number. On all other series, enter zeros for the entity identiication number on the irst voucher and we will assign a number and notify each series. Get FTB 3556 LLC MEO, Limited Liability Company Filing Information, for more information.
Paid Preparer Authorization
An LLC can designate a paid preparer to discuss the tax return with the FTB. For more information see General Information M, Signatures.
Business Entity Name and Identiication Number
In order to expedite processing, be sure to use the business entity name as it appears with the California SOS and a valid California identiication number.
Providing California and Federal Returns
The FTB may request copies of California or federal returns that are subject to or related to a federal examination. Generally, the California statute of limitations is four years from the due date of the return or from the date iled, whichever is later. However, the statute is extended in situations in which an individual or a business entity is under examination by the IRS. For more information concerning the extended statute of limitations, due to a federal examination, see General Information J, Amended Return.
The FTB recommends keeping copies of returns and records that verify income, deductions, adjustments, or credits reported, for at least the minimum time required under the statute of limitations. However, some records should be kept much longer. For example, members should keep
Page 4 Form 568 Booklet 2018
records substantiating their basis in an LLC and LLCs should keep records to igure the basis of its assets.
Federal/State Differences
For LLCs classiied as partnerships, California tax law generally conforms to federal tax law in the area of partnerships (IRC, Subchapter K — Partners and Partnerships). However, there are some differences:
The Federal TCJA of December 22, 2017 made changes to the IRC. In general, California R&TC does not conform to the changes. California taxpayers continue to follow the IRC as of the speciied date of January 1, 2015, with modiications. The following is a
yCalifornia does not conform to the modiications to like kind exchanges.
yCalifornia does not conform to the expanded deinition of IRC Section
179 property for certain depreciable tangible personal property related to furnishing lodging and for qualiied real property for improvements to nonresidential real property.
yCalifornia does not conform to the deferral and exclusion of capital gains reinvested or invested in qualiied opportunity zone funds.
yCalifornia does not conform to the exclusion of a patent, invention, model or design, and secret formula or process from the deinition of capital asset.
yCalifornia does not conform to federal expansion of those rules for taxpayers that can use the cash method of accounting.
yCalifornia does not conform to the federal repeal of the technical terminations of partnerships.
yCalifornia does not conform to the new federal deduction for qualiied business income of
yCalifornia does not conform to the gain or loss of foreign persons from sale or exchange of interests in partnership engaged in a trade or business within the United States.
yCalifornia does not conform to the modiication of the deinition of substantial
yCalifornia does not conform to charitable contribution and foreign taxes being taken into account in determining limitation on allowance of partner’s share of loss.
yCalifornia does not conform to IRC Section 951A, which relates to global intangible
yCalifornia does not conform to IRC Section 965, which relates to treatment of deferred foreign income.
yThe change to IRC Section 163(j), which limits business interest deduction to 30%.
Additional federal/state differences may occur for the following:
yCalifornia does not conform to the qualiied small business stock deferral and gain exclusion under IRC Section 1045 and IRC Section 1202.
yIRC Section 168(k) relating to the depreciation deduction for certain assets.
yCalifornia does not conform to the extent of suspension of income limitations on percentage depletion for production from marginal wells. The percentage depletion deduction, which may not exceed 65% of the taxpayer’s taxable income, is restricted to 100% of the net income derived from the oil or gas well property.
yAn $800 annual tax is generally imposed on limited partnerships (LPs), LLCs, limited liability partnerships (LLPs), and real estate mortgage investment conduits (REMICs) that are partnerships or classiied as partnerships for tax purposes.
yDistributions to certain nonresident partners are subject to withholding for California tax.
yDeductions for taxes paid to other states are not allowed.
yCalifornia follows federal law by requiring partnerships to use a required taxable year. However, California does not conform to the federal required payment provision.
yCalifornia law has speciic provisions concerning the distributive share of partnership taxable income allocable to California, with special apportionment formulas for professional partnerships.
yCalifornia law modiies the federal deinitions for unrealized receivables and substantially appreciated inventory items.
yCalifornia has not conformed to the provisions relating to the Tax Equity and Fiscal Responsibility Act (TEFRA).
yCalifornia has not adopted the federal deinition of small partnerships, as deined in IRC Section 6231.
This list is not intended to be
Partnership Converting to a Corporation – IRS Revenue Ruling
LLC Taxed as a Corporation
If an LLC elects to be taxed as a corporation for federal tax purposes, the LLC must ile Forms
Conversion to an LLC
A partnership (or other business entity) that converts to an LLC during the year must ile two California returns. Even if the partners/members and the business operations remain the same, the partnership should ile Form 565, (or the appropriate form) for the beginning of the year to the date of change. For the remainder of the year, the newly converted LLC must ile Form 568. See General Information I, Accounting Periods, for further instructions.
California Disclosure Obligations
If the LLC was involved in a reportable transaction, including a listed transaction, the LLC may have a disclosure requirement. Attach the federal Form 8886, Reportable Transaction Disclosure Statement, to the back of the California return along with any other supporting schedules. If this is the irst time the reportable transaction is disclosed on the return, send a duplicate copy of the federal Form 8886 to the address on this page. The FTB may impose penalties if the LLC fails to ile federal Form 8886, federal Form 8918, Material Advisor Disclosure Statement, or any other required information.
A material advisor is required to provide a reportable transaction number to all taxpayers and material advisors for whom the material advisor acts as a material advisor.
TAX SHELTER FILING ATSU 398 MS F385 FRANCHISE TAX BOARD PO BOX 1673 SACRAMENTO CA
For more information, go to ftb.ca.gov and search for disclosure obligation.
Claim of Right
If the LLC had to repay an amount that was included in income in an earlier year, under a claim of right, the LLC may be able to deduct the amount repaid from its income for the year in which it was repaid. Or, if the amount the LLC repaid is more than $3,000, the LLC may be able to take a credit against its tax for the year in which it was repaid. For more information, see the Repayments section of federal Publication 525, Taxable and Nontaxable Income.
California Tax Information on the Internet
You can download, view, and print California tax forms and publications at ftb.ca.gov/forms.
Federal Tax Information on the Internet
The IRS has federal forms and publications available to download, view, and print at irs.gov.
State Agencies’ Websites
Access other California state agency websites at ca.gov.
Joint Agency Website
For additional business tax information, go to taxes.ca.gov, sponsored by the Board of Equalization (BOE), California Department of Tax and Fee Administration (CDTFA), Employment Development Department (EDD), the FTB, and the IRS.
BIntroduction
LLCs combine traditional corporate and partnership characteristics. LLC members are afforded all of the following:
yLimited liability with the extent of a member’s liability limited to the member’s equity investment.
yFlexible management alternatives.
yLiberal membership qualiication requirements.
Form 568 Booklet 2018 Page 5
LLCs classiied as partnerships for tax purposes generally will determine their California income, deductions, and credits under the Personal Income Tax Law. They will be subject to an annual tax as well as the LLC fee based on total California income. See General Information F, Limited Liability Company Tax and Fee, and Schedule IW instructions included in this booklet, for more information.
LLCs organized in California are vested with all the rights and powers enjoyed by a natural person in carrying out business affairs. However, California law does not allow the formation or registration of LLCs (foreign or domestic)
in California to render any type of professional service for which a license, certiication, or registration is required under the Business and Professions Code or the Chiropractic Act, with the exception of insurance agents and insurance brokers.
California law requires LLCs not organized in the state of California to register with the California SOS before entering into any intrastate business in California. The laws of the state or foreign country in which the LLC is organized generally govern the internal affairs of the LLC. The California SOS may not deny recognition of an LLC because the laws of the organization’s home state or foreign country differ from California’s laws, except in the case of professional service LLCs, which are not allowed to register as LLCs in California.
For more information about organizing and registering an LLC, contact:
BUSINESS ENTITIES SECTION CALIFORNIA SECRETARY OF STATE PO BOX 944228
SACRAMENTO CA
or go to sos.ca.gov.
CPurpose
Use Form 568 to:
yDetermine the amount of the LLC fee (including a disregarded entity’s fee) based on total California income.
yReport the LLC fee.
yReport the annual tax.
yReport and pay any nonconsenting nonresident members’ tax.
yReport income, deductions, gains, losses, etc., from the operation of a multiple member LLC that has elected to be classiied as a partnership.
Use Form 568 as the return for calendar year 2018 or any iscal year beginning in 2018.
DWho Must File
An LLC may be classiied for tax purposes as a partnership, a corporation, or a disregarded entity. The LLC should ile the appropriate California return.
Form 568 must be iled by every LLC that is not taxable as a corporation if any of the following apply:
yThe LLC is doing business in California.
yThe LLC is organized in California.
yThe LLC is organized in another state or foreign country, but registered with the California SOS.
yThe LLC has income from California sources (Nonregistered foreign LLCs, see Exceptions to Filing Form 568, below).
An LLC is not required to ile a tax return and is not subject to the annual tax and LLC fee if both the following are true:
yThe LLC’s taxable year is 15 days or less.
yThe LLC did not conduct business in the state during the 15 day period.
Registration
LLCs that are formed in California, are required to ile articles of organization with the California SOS before doing business in this state.
LLCs organized under the laws of another state or foreign country are required to register with the California SOS before entering into intrastate business in California.
Nonregistered foreign (i.e., not organized in California) LLCs that are members of an LLC doing business in California or general partners in a limited partnership doing business in California are considered doing business in California.
Regardless of where the trade or business of the LLC is primarily conducted, an LLC is considered to be doing business in California if any of its members, managers, or other agents are conducting business in California on behalf of the LLC.
Exceptions to Filing Form 568:
yThe LLC elected to be taxed as a corporation for federal tax purposes.
yThe LLC is a single member limited liability company (SMLLC) that was treated as an association taxable as a corporation prior to January 1, 1997, for California tax purposes, and did not elect to change that tax treatment in the current taxable year.
yNonregistered foreign (i.e., not organized in California) LLCs (excluding disregarded entities/single member LLCs) that are not doing business, but are deriving income from California or iling to report an election on behalf of a California resident, ile Form 565 instead of Form 568.
yA
LLCs classiied as a general corporation ile Form 100, California Corporation Franchise or Income Tax Return. LLCs classiied as an S corporation ile Form 100S, California S Corporation Franchise or Income Tax Return.
For LLCs classiied as disregarded entities, see General Information S,
The LLC is still required to ile Form 568 if the LLC is registered in California even if both of the following apply:
yThe LLC is not actively doing business in California.
yThe LLC does not have California source income.
The LLC’s iling requirement will be satisied by doing all of the following:
1.Completing Form 568 with all supplemental schedules.
2.Completing and attaching California Schedules
3.Writing “SB 1106 Filing” in red at the top of Form 568, Side 1.
4.Entering the total number of members in Question K on Side 2 of the Form 568.
Certain publicly traded partnerships treated as corporations under IRC Section 7704 must ile Form 100.
A resident member of an
E When and Where to File
An LLC must ile Form 568, pay any nonconsenting nonresident members’ tax, and pay any amount of the LLC fee owed that was not paid as an estimated fee with form FTB 3536, by the original due date of the LLC’s return.
For LLCs classiied as partnerships, the original due date of the return is the 15th day of the 3rd month following the close of the taxable year.
SMLLCs
yFor SMLLCs owned by
yFor all other SMLLCs, the original due date of the return is the 15th day of the 4th month following the close of the taxable year of the owner.
For more information, see R&TC Section 18633.5.
When the due date falls on a weekend or holiday, the deadline to ile and pay without penalty is extended to the next business day.
PAYMENTS
yMail Form 568 with payment to:
FRANCHISE TAX BOARD PO BOX 942857 SACRAMENTO CA
y
FRANCHISE TAX BOARD PO BOX 942857 SACRAMENTO CA
Page 6 Form 568 Booklet 2018
Using black or blue ink, make the check or money order payable to the
“Franchise Tax Board.” Write the LLC’s California SOS ile number, FEIN, and “2018 Form 568” on the check or money order.
Note: The California SOS ile number is 12 digits long.
Make all checks or money orders payable in U.S. dollars and drawn against a U.S. inancial institution.
Do not attach a copy of the return with the balance due payment if the LLC already iled a return for the same taxable year.
REFUNDS
yMail Form 568 requesting a refund to:
FRANCHISE TAX BOARD
PO BOX 942857
SACRAMENTO CA
RETURN WITHOUT PAYMENT or PAID ELECTRONICALLY
yMail Form 568 without a payment or paid electronically to:
FRANCHISE TAX BOARD
PO BOX 942857
SACRAMENTO CA
Extensions
California does not require the iling of written applications for extensions. All LLCs in good standing that are classiied as partnerships have an automatic seven month extension to ile. If the LLC cannot ile its Form 568 by the return’s due date, the LLC is granted an automatic seven month extension unless the LLC is suspended or forfeited.
SMLLCs disregarded for tax purposes will follow the owners original due date and extended due date of the return.
However, the automatic extension does not extend the time to pay the LLC fee or nonconsenting nonresident members’ tax.
If the LLC is iling the return under extension, see form FTB 3537, Payment for Automatic Extension for LLCs, included in this booklet, to submit the required payments.
Electronic Funds Withdrawal
LLCs can make an annual tax, estimated fee, or extension payment using tax preparation software. Check with your software provider to determine if they support EFW for annual tax, estimated fee, or extension payments.
Annual Limited Liability Company Tax
If the 2018 annual tax of $800 was not paid on or before the 15th day of the 4th month after the beginning of the taxable year (iscal year) or April 15, 2018 (calendar year), the tax should be sent using the 2018 form FTB 3522, as soon as possible. (Do not use the 2019 form FTB 3522 included in this booklet).
If the LLC’s taxable year is 15 days or less and it did not conduct business in the state during the 15 day period, see the instructions for Exceptions to Filing Form 568 in General Information D, Who Must File, in this booklet.
Also see General Information G, Penalties and Interest, for the additional amount that is now due. To assure proper application of the tax payment to the LLC account, do not send the $800 annual tax with Form 568.
The 2019 $800 annual tax is due on or before the 15th day of
the 4th month after the beginning of the 2019 taxable year (iscal year)
or April 15, 2018 (calendar year). The payment is sent with form FTB 3522. Do not mail the $800 annual tax with Form 568. When the due date falls on a weekend or holiday, the deadline to ile and pay without penalty is extended to the next business day.
For
Example: LLC1, a
Private Delivery Services
California law conforms to federal law regarding the use of certain designated private delivery services to meet the “timely mailing as timely iling/paying” rule for tax returns and payments. See the instructions for federal Form 1065 for a list of designated delivery services. If a private delivery service is used, address the return to:
FRANCHISE TAX BOARD
SACRAMENTO CA 95827
Caution: Private delivery services cannot deliver items to PO boxes. If using one of these services to mail any item to the FTB, Do not use an FTB PO box.
F Limited Liability Company Tax and Fee
The deinition of limited liability company has been revised to exclude certain title holding companies that are tax exempt provided that they are treated as partnerships or disregarded entities for tax purposes. As such they are not liable for the annual LLC tax and fee.
Enter all payment types (overpayment from prior year, annual tax, fee, etc.) made for the 2018 taxable year on the applicable line of Form 568.
Annual Limited Liability Company Tax
LLCs are subject to an $800 annual tax if they are doing business in California or have articles of organization accepted, or a certiicate of registration issued by the California SOS. The annual tax is prepaid for the privilege of doing business in California, and is due and payable on or before the 15th day of the 4th month after the beginning of the taxable year. The annual tax must be paid for each taxable year until the appropriate papers are iled. See General Information Q, Cancelling a Limited Liability Company, for more information.
Use form FTB 3522 to submit the $800 annual tax payment. Using black or blue ink, make the check or money order payable to the “Franchise Tax Board.” Write the LLC’s California SOS ile number, FEIN, and “2019 FTB 3522” on the check or money order.
If the 15th day of the 4th month of an existing foreign LLC’s taxable year has passed before the existing foreign LLC commences business in California or registers with the California SOS, the annual tax should be paid immediately after commencing business or registering with the California SOS.
Limited Liability Company Fee
In addition to the annual tax, every LLC must pay a fee if the total California annual income is equal to or greater than $250,000. For more information, see Schedule IW instructions included in this booklet.
The LLC must estimate the fee it will owe for the year and make an estimated fee payment by the 15th day of the 6th month of the current taxable year. LLCs use form FTB 3536, to remit the estimated fee. A penalty will apply
if the LLC’s estimated fee payment is less than the fee owed for the year. The penalty is equal to 10% of the amount of the LLC fee owed for the year over the amount of the timely estimated fee payment. A penalty will not be imposed if the estimated fee paid by the due date is equal to or greater than the total amount of the fee of the LLC for the preceding taxable year.
The LLC fee remains due and payable by the due date of the LLC’s return. LLCs will use form FTB 3536 to pay by the due date of the LLC’s return, any amount of LLC fee owed that was not paid as a timely estimated fee payment. If the taxable year of the LLC ends prior to the 15th day of the 6th month of the taxable year, no estimated fee payment is due, and the LLC fee is due on the due date of the LLC’s return. Use the following chart to compute the fee:
If total California annual income from |
|
|
Form 568, Side 1, line 1 is: |
The fee is: |
|
Equal to or over – |
but not over – |
|
$ 250,000 |
$ 499,999 |
$ 900 |
500,000 |
999,999 |
2,500 |
1,000,000 |
4,999,999 |
6,000 |
5,000,000 |
and over |
11,790 |
If you have a total California annual income of $250,000 or greater, you must report a fee.
To determine the LLC fee see the Speciic Line Instructions for line 1.
If the FTB determines multiple LLCs were formed for the primary purpose of reducing fees, the LLC’s total income from all sources that are reportable to California could include the aggregate total income of all commonly controlled LLC members. “Commonly controlled” means control of more than 50% of the capital interests or proit interests of the taxpayer and any other LLC or partnership by the same persons.
Form 568 Booklet 2018 Page 7
Series LLCs
If the laws of the state where the LLC is formed provide for the designation of series of interests (for example, a Delaware Series LLC) and: (1) the holders of the interests in each series are limited to the assets of that series upon redemption, liquidation, or termination, and may share in the income only
of that series, and (2) under home state law, the payment of the expenses, charges, and liabilities of each series is limited to the assets of that series, then each series in a series LLC is considered a separate LLC and must ile its own Form 568 and pay its own separate LLC annual tax and fee, if it is registered or doing business in California.
Nonconsenting Nonresident Members’ Tax
Every nonresident member must sign a form FTB 3832, Limited Liability Company Nonresident Members’ Consent. The LLC returns the signed form with Form 568. If a nonresident member fails to sign form FTB 3832, the LLC is required to pay tax on that member’s distributive share of income at the highest marginal rate. Any amount paid by the LLC will be considered a payment made by the nonresident member.
The tax may be reduced by the amount of tax previously withheld and paid by the LLC with respect to each nonconsenting nonresident member.
Reminder: All nonresident members must ile a California tax return. The completion of form FTB 3832 does not satisfy the nonresident member’s California iling requirement. Corporate members are also considered doing business in California and may have additional iling requirements. For more information, get FTB Pub. 1060, Guide for Corporations Starting Business in California. Nonresident individuals may qualify to ile a group Form 540NR, California Nonresident or
If the LLC’s return is being iled on or before the original due date of the return, the LLC completes the Schedule T, Nonconsenting Nonresident (NCNR) Members’ Tax Liability. See the Speciic Instructions for Schedule T in this booklet for more information.
If the LLC owes NCNR tax and is unable to complete Form 568 on or before the original due date, it must complete form FTB 3537. For more information on when the NCNR members’ tax along with the voucher must be received by, see form FTB 3537.
G Penalties and Interest
Failure to Comply with Filing Requirements
Unless failure is due to a reasonable cause, a penalty will be assessed if the LLC is required to ile a Form 568 and either of the following apply:
yThe LLC fails to ile the return on time, including extensions.
yThe LLC iles a return, including Schedules
The amount of the penalty for each month, or part of a month (for a maximum of twelve months), that the failure continues, is $18 multiplied by the total number of members in the LLC during any part of the taxable year for which the return is due. Interest will be charged on the penalty from the date the notice of tax due is mailed until the date the return is iled.
For “small partnerships,” as deined in IRC Section 6231, the federal exception to the imposition of penalties for failure to ile partnership returns does not apply for California purposes. For more information, see R&TC Section 19172.
Failure to File a Timely Return
Any LLC that fails to ile Form 568 on or before the extended due date is assessed a penalty. The penalty is 5% of the unpaid tax (which includes the LLC fee and nonconsenting nonresident members’ tax) for each month, or part of the month, the return remains uniled from the due date of the return until iled. The penalty may not exceed 25% of the unpaid tax. If an LLC does not ile its return by the extended due date, the automatic extension will not apply and the late iling penalty will be assessed from the original due date of the return. See R&TC Section 19131 for more information.
Failure to Pay by the Due Date
The
The
If an LLC is subject to both the penalty for failure to ile a timely return and the penalty for failure to pay the total tax by the due date, a combination of the two penalties may be assessed, but the total penalty may not exceed 25% of the unpaid tax. However, the penalty for failure to comply with the iling requirements will be assessed in addition to the penalty for failure to ile a timely return and the penalty for failure to pay the total tax by the due date. The FTB may waive the late payment penalty based on reasonable cause. Reasonable cause is presumed when 90% of the tax is paid by the original due date of the return.
If the LLC underpays the estimated fee, a penalty of 10% will be added to the fee. The underpayment amount will be equal to the difference between the total amount of the fee due for the taxable year less the amount paid by the due date. A penalty will not be imposed if the estimated fee paid by the due date is equal to or greater than the total amount of the fee of the LLC for the preceding taxable year.
Interest
Interest is due and payable on any tax due if not paid by the original due date. Interest is also due on some penalties. The automatic extension of time to ile does not stop interest from accruing. California follows federal rules for the calculation of interest. Get FTB Pub. 1138, Business Entity Refund/Billing Information, for more information.
Other Penalties/Fees
A penalty may also be charged if a payment is returned for insuficient funds. In addition, fees may be charged for the cost of collection.
H Accounting Methods
Compute ordinary income or loss by the accounting method regularly used to maintain the LLC’s books and records. This method must clearly relect the LLC’s income or loss.
LLCs given permission to change their accounting method for federal purposes should see IRC Section 481 for information relating to the adjustments required by changes in accounting method.
Generally, an LLC may not use the cash method of accounting if the LLC has a corporate member, averages annual gross receipts of more than $5 million, or is a tax shelter. For exceptions, see IRC Section 448.
The
IAccounting Periods
LLC returns normally must be iled for an accounting period that includes
12 full months. A short period return must be iled if the LLC is created or terminated within the taxable year. In that case, write “Short Period” in red ink at the top of Form 568, Side 1.
For information on the required taxable year of a partnership that also applies to LLCs, see the instructions for federal Form 1065.
J Amended Return
If, after the LLC iles its return, it becomes aware of changes it must make, the LLC should ile an amended Form 568 and an amended Schedule
Attach a statement that identiies the line number of each amended item, the corrected amount or treatment of the item, and an explanation of the reason(s) for each change.
If the LLC’s federal return is changed for any reason, the federal change may affect the LLC’s California return. This would include changes made because of an examination. The LLC must ile an amended return within six months of the inal federal determination if the LLC fee or tax a member owes has been affected. The LLC should attach a copy of the federal Revenue Agent’s Report or other notice of the adjustments to the return. The LLC should inform the
Page 8 Form 568 Booklet 2018
members that they may also be required to ile amended returns within six months from the date of the inal federal determination.
K Required Information Returns
Every LLC must ile information returns if, in the course of its trade or business, any of the following occur:
yThe LLC makes payments to one person of rents, salaries, wages, annuities, or other ixed or determinable income during one calendar year totaling $600 or more.
yThe LLC pays an individual or one payee interest and dividends totaling $10 or more during one calendar year.
yThe LLC receives cash payments over $10,000.
Payments of any amount by a broker, dealer, or barter exchange agent must also be reported.
LLCs must report payments made to California residents by providing copies of federal Form 1099 (series). For nonresidents, see the reporting and withholding requirements on Form 592, Resident and Nonresident Withholding Statement; Form
LLCs must submit a copy of federal Form 8300, Report of Cash Payments Over $10,000 Received in a Trade or Business, within 15 days after the date of the transaction.
LLCs must report interest paid on municipal bonds that are issued by a state other than California or a municipality other than a California municipality that are held by California taxpayers. Entities paying interest to California taxpayers on these types of bonds are required to report interest payments aggregating $10 or more paid after January 1, 2018. Information returns will be due June 1, 2019. For more information, get form FTB 4800 MEO, Interest and
LLCs must use form FTB 3834, Interest Computation Under the
Any information returns required for federal purposes under IRC Sections 6038, 6038A, 6038B, and 6038D are also required for California purposes. Attach the information returns to the Form 568 when iled. If the information returns are not provided, penalties may be imposed under R&TC Sections 19141.2 and 19141.5.
All information returns, unless otherwise noted, are mailed separately from the Form 568. Information returns should be sent to:
FRANCHISE TAX BOARD PO BOX 942857 SACRAMENTO CA
L Special Items
California LLC tax law generally follows federal partnership tax law for LLCs classiied as partnerships, in all of the following areas:
yIRC Section 702(a) items
yElections
yDistributions of unrealized receivables and inventory
yMembers’ dealings with the LLC
yContributions to the LLC
yIncome of foreign nonresident members subject to withholding, Form
yBasis and
yPassive activity limitations
yNet operating loss deduction by a member of the LLC (an LLC is not allowed the deduction)
yPublicly traded partnerships
y
yInstallment sales
yVacation pay
yAmortization of past service costs
yDistributions of contributed property by an LLC
yRecognition of precontribution gain in certain LLC distributions to members
See the instructions for federal Form 1065 for speciic information about these areas.
M Signatures
Form 568 is not considered a valid return unless it is signed by an authorized member or manager of the LLC. If a receiver, trustee in bankruptcy, or assignee controls the organization’s property or business, that individual must sign the return.
Include an authorized member or manager’s phone number and email address in case the FTB needs to contact the LLC for information needed to process this return. By providing this information the FTB will be able to process the return or issue the refund faster.
Paid Preparer’s Information
Anyone who is paid to prepare the LLC return must sign the return and complete the “Paid Preparer’s Use Only” area of the return.
All of the following must be completed by the paid preparer:
yComplete the required preparer information. Tax preparers must provide their preparer tax identiication number (PTIN).
ySign in the space provided for the preparer’s signature.
yGive the LLC a copy of the return in addition to the copy to be iled with the FTB.
An individual who prepares the return and does not charge the LLC should not sign the LLC return.
Paid Preparer Authorization
If the LLC wants to allow the paid preparer to discuss it’s 2018 Form 568 with the FTB, check the “Yes” box in the signature area of the return. This authorization applies only to the individual whose signature appears in the “Paid Preparer’s Use Only” section of the return. It does not apply to the irm, if any, shown in that section.
If the “Yes” box is checked, the LLC is authorizing the FTB to call the paid preparer to answer any questions that may arise during the processing of its return. The LLC is also authorizing the paid preparer to:
yGive the FTB any information that is missing from the return.
yCall the FTB for information about the processing of the return or the status of any related refund or payments.
yRespond to certain FTB notices about math errors, offsets, and return preparation.
The LLC is not authorizing the paid preparer to receive any refund check, bind the LLC to anything (including any additional tax liability), or otherwise represent the LLC before the FTB.
The authorization will automatically end no later than the due date (without regard to extensions) for iling the LLC’s 2019 tax return. If the LLC wants to expand the paid preparer’s authorization, go to ftb.ca.gov/poa. If the LLC wants to revoke the authorization before it ends, notify the FTB in writing or call 800.852.5711.
N Group Returns
Nonresident Group Returns
Nonresident members of an LLC doing business or deriving income from sources in California may elect to ile a group nonresident return (R&TC Section 18535).
yGroup nonresident returns may include less than two nonresident individuals.
yNonresident individuals with more than $1,000,000 of California taxable income are eligible to be included in group nonresident returns.
yAn additional 1% tax will be assessed on resident and nonresident individuals who have California taxable income over $1,000,000.
Get FTB Pub. 1067, Guidelines for Filing a Group Form 540NR, for more information.
O Investment Partnerships
Income of nonresident members, including banks and corporations, derived from “qualifying investment securities” of an LLC that qualiies as an “investment partnership” is considered income from sources other than California, except as noted Nonresident individuals or foreign members generally will not be taxed on this income. The LLC should inform its nonresident individuals or foreign members if all or a portion of their distributive share of income is from “qualifying investment securities” of
Form 568 Booklet 2018 Page 9
an “investment partnership” and whether it is sourced to California. See the instructions for Question L, included in this booklet, for deinitions of “investment partnership” and “qualifying investment securities.”
However, for apportioning purposes, income from an LLC that is an investment partnership (LLC investment partnership) is generally considered business income (see Appeal of Estate of Marion Markus, Cal. St. Bd. of Equal., May 6, 1986). LLC investment partnerships that are doing business within and outside California should apportion California source income using California Schedule R. LLC investment partnerships that are doing business solely within California should treat all business income of the LLC investment partnership as California source income.
LLC investment partnerships that have California source income should show on Schedule
Generally, members who are nonresident individuals would not record this income as California source income. However, there are two exceptions to the general rule when a nonresident individual may have California source income from an LLC investment partnership. Nonresident individual members will be taxed on their distributive shares of income from the “LLC investment partnership” if the income from the qualifying investment securities is interrelated with either of the following:
yAny other business activity of the nonresident member.
yAny other entity in which the nonresident member owns an interest that is separate and distinct from the investment activity of the partnership and that is conducted in California.
Nonresident individual members will be taxed on their distributive share of investment income from an LLC investment partnership if the qualifying securities were purchased with working capital of a trade or business
the nonresident owns an interest in and that is conducted in California (R&TC Section 17955).
Corporations that are members in an LLC investment partnership are not generally taxed on their distributive share of LLC income, provided that the income from the LLC is the corporation’s only California source income. However, the corporation will be taxed on its distributive share of California source income from the LLC if either of the following apply:
yThe corporation participates in the management of the investment activities of the LLC investment partnership.
yThe corporation has income derived from or attributable to sources within this state other than income from the LLC investment partnership.
P Nonresident Members
An LLC with multiple members is required to ile form FTB 3832 with Form 568 when one or more of its members is a nonresident of California. Form FTB 3832 is signed by the nonresident individuals and foreign entity members to show their consent to California’s jurisdiction to tax their distributive share of income attributable to California sources.
File form FTB 3832 for either of the following:
yThe irst taxable period for which the LLC became subject to tax with nonresident members.
yAny taxable period during which the LLC had a nonresident member who has not signed a form FTB 3832.
Separate forms for an individual (or groups of individuals) are permissible. The LLC must maintain and have available for examination a form FTB 3832 signed by each nonresident member.
The LLC must pay the tax for every nonresident member that did not sign a form FTB 3832. The LLC is responsible for paying the tax on that nonresident member’s distributive share of income determined at the highest marginal rate for that member. See General Information F, Limited Liability Company Tax and Fee, for more information.
The tax may be reduced by the amount of tax previously withheld and paid by the LLC with respect to each nonconsenting nonresident member.
If the LLC fails to timely pay the tax of such nonresident member, the LLC shall be subject to penalties and interest (R&TC Sections 19132 and 19101). Any amount paid by the LLC on behalf of a nonresident individual or foreign entity member will be considered a payment made by the member.
An LLC may recover from the nonresident member the tax it paid on behalf of the nonresident member.
To claim credit for the tax, the nonresident member needs to attach a copy of the Schedule
Nonresidents or
Nonresidents pay tax to California only on their California taxable income. For more information, get FTB Pub. 1100, Taxation of Nonresidents and Individuals Who Change Residency.
CAUTION: The requirements and procedures discussed above are not related to the nonresident withholding requirements discussed under General Information R, Withholding Requirements.
Q Cancelling a Limited Liability Company
In general, LLCs are required to pay the $800 annual tax and ile a California return until the appropriate papers are iled. In order to cancel an LLC, the following steps must be taken:
1.File a timely inal California return (Form 568) with the FTB and pay the $800 annual tax for the taxable year of the inal return.
2.File Form
The Form
The annual tax will not be assessed if the LLC meets all of the following requirements:
yThe LLC iles a timely Final Limited Liability Company Return of Income, for the preceding taxable year, including extension.
yThe LLC did not do business in California after the inal taxable year.
yThe LLC iles the appropriate documents for cancellation with the California SOS within 12 months of the timely iled Final Limited Liability Company Return of Income.
Short Form Cancellation
Domestic LLCs organized in California can ile a Limited Liability Company Form
yForm
yThe domestic LLC has no debts or other liabilities (other than tax liability).
yThe known assets have been distributed to the persons entitled thereto or no known assets have been acquired.
yThe inal tax return or a inal annual tax return has been or will be iled with the FTB.
yThe domestic LLC has not conducted any business from the time of the iling of the Articles of Organization.
yA majority of the managers or members, or if there are no managers or members, the person or a majority of the persons who signed the Articles of Organization, voted to dissolve the domestic LLC.
yIf the domestic LLC received payments for interests from investors, those payments have been returned to those investors.
The LLC must ile SOS Form
For more information on how to cancel your LLC, contact:
By mail: |
DOCUMENT FILING SUPPORT |
|
PO BOX 944228 |
|
SACRAMENTO CA |
In person: |
CALIFORNIA SECRETARY OF STATE |
|
1500 11TH STREET 3RD FLOOR |
|
SACRAMENTO CA 95814 |
By phone: |
916.657.5448 |
Ofice hours are Monday through Friday, 8 a.m. to 5 p.m.
Website: sos.ca.gov
If the LLC is being cancelled to be converted to another type of business entity, be sure to ile the appropriate forms with the California SOS.
Get FTB Pub. 1038, Guide to Dissolve, Surrender, or Cancel a California Business Entity, for more information.
Page 10 Form 568 Booklet 2018
Short Period Return
If the LLC is iling a short period return for 2019 and the 2019 forms are not available, the LLC must use the 2018 Form 568 and change the taxable year.
R Withholding Requirements
Foreign (non U.S.) Nonresident Members
As described in IRC Section 1446 and modiied by R&TC Section 18666, if an LLC has any income or gain from a trade or business within California, and if any portion of that income or gain is allocable under IRC Section 704 to a foreign (non U.S.) nonresident member, the LLC is required to withhold tax on the allocable amount.
State and Federal Differences Regarding Foreign (non U.S.) Nonresident Members
California generally conforms to IRC Section 1446 and corresponding federal rulings and procedures. The main differences between California and federal laws in this area are:
a.The California withholding rate is 8.84% for C corporations and 12.3% for individuals, partnerships, LLCs, and iduciaries.
b.Income attributable to the disposition of California real property is subject to withholding under R&TC Section 18662.
Domestic (U.S.) Nonresident Members
An LLC is required to withhold funds for income or franchise taxes when it makes a distribution of income to a domestic (U.S.) nonresident member (R&TC Section 18662). This includes prior year income that should have been, but was not previously reported as income from California sources on the member’s California income tax return. However, withholding is not required if distributions of income from California sources to the member are $1,500 or less during the calendar year or if the FTB directs the payer not to withhold.
Domestic (U.S.) nonresident members include individuals who are nonresidents of California and corporations that are not qualiied to do business in California or do not have a permanent place of business in California. Domestic nonresident members also include nonresident estates, trusts, partnerships, and LLCs that do not have a permanent place of business in California. Foreign nonresident members covered under R&TC Section 18666 are not domestic nonresident members.
LLCs with income from both within and outside California must make a reasonable estimate of the ratio, to be applied to the distributions, that approximates the ratio of California source income to total income. The ratio for the prior year will generally be accepted as reasonable in determining the California part of the distribution subject to withholding. LLCs are required to withhold tax at a rate of 7% of distributions (including property) of income from California sources made to domestic nonresident members. For more information, get Schedule R.
The FTB has administrative authority to allow reduced withholding rates, including waivers, when requested in writing. These authorizations may be
No withholding of tax is required if the distribution is a return of capital or does not represent taxable income for the current or prior years. Although a waiver is not required in this situation, if upon examination the FTB determines that tax withholding was required on a distribution, the LLC may be liable for the amount that should have been withheld including interest and penalties.
Send waiver requests and inquiries to:
WITHHOLDING SERVICES AND COMPLIANCE, MS F182 FRANCHISE TAX BOARD
PO BOX 942867
SACRAMENTO CA
Telephone: 888.792.4900 or 916.845.4900
Waivers may also be submitted online. Go to ftb.ca.gov and search
588 online.
Report withholding on Forms 592,
The taxable income of nonresident members is the distributive share of California sourced LLC income, not the distributed amount. For more information, get FTB Pub. 1017.
The nonresident withholding requirements and procedures discussed above are not related to the nonconsenting nonresident members’ tax paid by an LLC on behalf of nonresident members as discussed under General Information P, Nonresident Members.
S
California generally conforms to the federal entity classiication regulations (commonly known as
(SB 1234; Stats. 1997, Ch. 608).
Generally, any elections made for federal purposes under the federal “check-
An “eligible entity” may choose its classiication. An eligible entity is a business entity that is not a trust, a corporation organized under any federal or state statute, a foreign entity speciically listed as a per se corporation, or other special business entities. Other special business entities under the IRC include publicly traded partnerships, REMICs, inancial asset securitization investment trusts (FASITs), or regulated investment companies (RICs). An eligible entity with two or more owners will be a partnership for tax purposes unless it elects to be taxed as a corporation. For tax purposes, an eligible entity with a single owner will be disregarded. If the separate existence of an entity is disregarded, its activities are treated as activities of the owner and reported on the appropriate California return.
Exceptions
The exception to the general rule exists under R&TC Section 23038(b)(2)(C) in the case of an eligible business entity. The exception does not apply
to a business entity which, during the 60 month period preceding
January 1, 1997, was appropriately classiied as an association taxable as a corporation and met all of the following conditions:
yThe business entity was not doing business in California.
yThe business entity did not derive income from sources within California.
yThe business entity had no members who were residents of California.
The eligible business entities are generally:
1)Business trusts that were classiied as corporations under California law, but were classiied as partnerships for federal tax purposes for taxable years beginning before January 1, 1997.
2)Previously existing foreign SMLLCs that were classiied as corporations under California law but claimed to be partnerships for federal tax purposes for taxable years beginning before January 1, 1997.
These business trusts and previously existing foreign SMLLCs will continue to be classiied as corporations for California tax purposes and must continue to ile Form 100, unless they make an irrevocable election to be classiied
or disregarded the same as they are for federal tax purposes. See form FTB 3574, Special Election for Business Trusts and Certain Foreign Single Member LLCs, and Cal. Code Regs., tit. 18 sections
California regulations make the classiication of business entities under federal regulations (Treas. Reg. Sections
Filing Requirements for Disregarded Entities
An SMLLC is required to complete Form 568, Side 1, Side 2, Side 3,
Side 7 (Schedule IW), and pay the annual tax and LLC fee (if applicable). If a nonresident has not signed the single member LLC consent on Side 3, then the SMLLC is required to complete Schedule T on Side 4.
However, if either of the following two items below are met, Schedule B and Schedule K are also required to be iled:
yThe income or loss amount reported on Schedule B, line 1 or line 3 through line 11, is $3,000,000 or more.
yThe “Total distributive income/payment items,” Schedule K, line 21a, is greater than or equal to $3,000,000 OR less than or equal to
Form 568 Booklet 2018 Page 11
Note: If the SMLLC does not meet the 3 million criteria for iling Schedule B (568) and Schedule K (568), the SMLLC is still required to complete Schedule IW.
If Schedule K (568) is required to be iled, disregarded entities should prepare Schedule K (568) by entering the amount of the corresponding Member’s share of Income, Deductions, Credits, etc. attributable to the activities of
the disregarded entity from the member’s federal Form 1040, including Schedules B, C, D, E, F, and Federal Schedule K, or Federal Form 1120 or 1120S (of the owner). SMLLCs do not complete Schedule
Utilization of credits attributable to the SMLLC is limited to the regular tax liability on the income attributable to the activities of the SMLLC. The limitation on the SMLLC’s credits is the difference between: 1) The regular tax liability of the single owner computed with the items of income, deductions, etc., attributable to the SMLLC; and 2) The regular tax liability of the single owner computed without the items of income, deductions, etc., attributable to the SMLLC. It is the responsibility of the single owner to limit the credits on the owner’s tax return. The single owner should be prepared to furnish information supporting the use of any credits attributable to the
SMLLC.
The owner of the SMLLC should perform the following steps to determine the SMLLC’s credit limitation:
yCompute the owner’s tax with the SMLLC income, and the owner’s tax without the SMLLC income.
yComplete Schedule P (100, 100W, 540, 540NR, or 541), up to the line where the credit is to be taken.
yDetermine the credit to be utilized. The amount allowed is the lesser of either of the following:
1.The total credit or the limitation based on the LLC’s business income.
2.The net tax balance that may be offset by credits on Schedule P (100, 100W, 540, 540NR, or 541) on the line above the line where the credit is to be taken.
The following example shows the credit limit calculation for an SMLLC that is owned by a C corporation. The SMLLC has a Research credit of $4,000. The computation of the C corporation’s regular tax liability with the SMLLC income is $5,000. The computation of the C corporation’s regular tax liability without the SMLLC income is $3,000. The difference in tax is $2,000, which is the C corporation’s credit limitation on all LLC credits. The owner of the SMLLC then performs the following steps:
1.Completes Schedule P (100), Side 2, down to line 4, column (c). The amount is $1,000.
2.Enters the limitation amount from Schedule P (100), Side 2, line 4, column (c) in column (f) of the table on this page.
3.Enters the following amounts from the table on this page on the Schedule P (100):
y $4,000 from column (d) of the table on this page, to Schedule P (100), Side 2, line 5, column (a);
y $1,000 from column (f) of the table on this page, to Schedule P (100), Side 2, line 5, column (b);
y $3,000 from column (g) of the table on this page, to Schedule P (100), Side 2, line 5, column (d).
(a) |
(b) |
(c) |
(d) |
(e) |
(f) |
(g) |
Credit |
Credit |
Total prior |
Total credit: |
Limitation |
Credit used |
Carry col. (d) |
name |
amount |
year credit |
add col. (b) |
based on |
on Sch P, |
minus the |
|
|
& col. (c) LLC business |
but not |
smaller of |
||
|
|
|
|
income |
greater than |
col. (e) or |
|
|
|
|
|
col. (d) or |
col. (f) |
|
|
|
|
|
col. (e) |
|
Research |
$4,000 |
0 |
$4,000 |
$2,000 |
$1,000 |
$3,000 |
T Substitute Schedules
The LLC needs approval from the FTB to use a substitute Schedule
FTB Pub. 1098 Annual Requirements and Speciications; or FTB Pub. 1098, Annual Requirements and Speciications for the Development and Use of Substitute, Scannable, Absolute Positioning, and Reproduced Tax Forms, email the FTB’s Substitute Forms Program at SubstituteForms@ftb.ca.gov.
U Property Subject to IRC Section 179 Recapture
California will follow the revised federal instructions (with some exceptions) for reporting the sale, exchange, or disposition of property for which an IRC Section 179 expense deduction was claimed in prior years by a partnership, LLC, or S corporation.
If there is gain from the sale, exchange, or disposition of property for which an IRC Section 179 expense deduction was claimed in a prior year, special rules apply. Members should follow the instructions in federal Form 4797, Sales of Business Property.
LLCs should follow the instructions in federal Form 4797 with the exception that the amount of gain on property subject to the IRC Section 179 recapture must be included in the total income for the LLC.
The gain on property subject to the IRC Section 179 recapture should be reported on the Schedule K (568) and Schedule
The LLC must provide all of the following information with respect to a disposition of business property if an IRC Section 179 expense deduction was claimed in prior years:
1.Description of the property.
2.Date the property was acquired and placed in service.
3.Date the property was sold or other disposition.
4.Gross sales price or amount realized.
5.Cost or other basis plus expense of sale (not including the entity’s basis reduction in the property due to IRC Section 179 expense deduction).
6.Depreciation allowed or allowable (not including the IRC Section 179 expense deduction).
7.Amount of IRC Section 179 expense deduction (if any).
8.An indication if the disposition is from a casualty or theft.
9.If this is an installment sale, compute the installment amount by using the method provided in form FTB 3805E, Installment Sale Income.
V Suspension/Forfeiture
If an LLC does not ile Form 568 and/or does not pay any tax, penalty, or interest due, its powers, rights, and privileges may be suspended (in the case of a domestic LLC) or forfeited (in the case of a foreign LLC). Also, any contracts entered into during suspension or forfeiture are voidable at the request of any party to the contract other than the suspended or forfeited LLC. Such contracts will remain voidable and unenforceable unless the LLC applies for relief from contract voidability and the FTB grants relief. See R&TC Sections 23301, 23305.1, and 23305.2, for more information.
W California Use Tax
General Information
Use tax has been in effect in California since July 1, 1935. It applies to purchases of property from
In general, LLCs must pay California use tax on purchases of merchandise for use in California, made from
LLCs must pay California use tax on taxable items if:
yThe seller does not collect California sales or use tax, and
yThe LLC uses, gifts, stores, or consumes the item in California.
Example: The LLC purchases a conference table from a company in North Carolina. The company ships the table from North Carolina to the LLC’s address in California for the LLC’s use, and does not charge California sales or use tax. The LLC owes use tax on the purchase.
However, not all purchases require the LLC to pay use tax. For example, the LLC would include purchases of ofice equipment, but not exempt purchases of food products or prescription medicine.
Page 12 Form 568 Booklet 2018
For more information on nontaxable and exempt purchases, the LLC may refer to Publication 61, Sales and Use Taxes: Exemptions and Exclusions, on the California Department of Tax and Fee Administration’s website at cdtfa.ca.gov.
For more information about California use tax, refer to the California Department of Tax and Fee Administration’s website at cdtfa.ca.gov and type “Find Information About Use Tax” in the search bar.
Complete the Use Tax Worksheet on page 15 to calculate the amount due.
Extensions to File. If the LLC requests an extension to ile its tax return, wait until the LLC iles its tax return to report the purchases subject to use tax and to make the use tax payment.
Interest, Penalties, and Fees. Failure to timely report and pay use tax due may result in the assessment of interest, penalties, and fees.
Application of Payments. For purchases made during taxable years starting on or after January 1, 2015, payments and credits reported on an income tax return will be applied irst to the use tax liability, instead of income tax liabilities, penalties, and interest.
Changes in Use Tax Reported. Do not ile an Amended Limited Liability Company Return of Income to revise the use tax previously reported. If the LLC has changes to the amount of use tax previously reported on the original tax return, contact the California Department of Tax and Fee Administration.
For assistance with use tax questions, go to the California Department of Tax and Fee Administration’s website at cdtfa.ca.gov or call their Customer Service Center at 800.400.7115 or (TTY) 711 (for hearing and speech disabilities). For California income tax information, contact the Franchise Tax Board at ftb.ca.gov.
Specific Instructions
Form 568
Fill In All Applicable Lines and Schedules
Enter any items specially allocated to the members on the applicable line of the member’s Schedule
Whole numbers should be shown on the return and accompanying schedules.
Name, Address, California SOS File Number, and FEIN
Before mailing, make sure entries have been made for all of the following:
yCalifornia SOS ile number (12 digits)
yFederal employer identiication number (FEIN) (9 digits)
yLLC legal or trade name (use legal name iled with the California SOS) and address, include Private Mail Box (PMB) number, if applicable.
Use the Additional Information ield for “Owner/Representative/Attention” name, and other supplemental address information only.
Foreign Address
If the limited liability company has a foreign address, follow the country’s practice for entering the city, county, province, state, country, and postal code, as applicable, in the appropriate boxes. Do not abbreviate the country name.
Item G – Total Assets at End of Taxable Year
See the instructions for Schedule L – Balance Sheets – before completing this item.
If the LLC is required to complete this item, enter the total assets at the end of the LLC’s taxable year. This is determined by the accounting method regularly used to maintain the LLC’s books and records. If there are no assets at the end of the taxable year, enter $0.
Item H(2) – Final Return
If the LLC is iling a inal year tax return, check the “Final Return” box on Form 568, Side 1, Item H(2), and check the “A inal Schedule
California law does not conform to the federal repeal of the technical termination of a partnership.
Item H(4) Protective claim
Check the box if this Form 568 is being iled as a protective claim for refund. A protective claim is a claim for refund iled before the expiration of the statute of limitations for which a determination of the claim depends on the resolution of some other disputed issues, such as pending state or federal litigation or audit. For more information on how to ile a protective claim, go to ftb.ca.gov and search for protective claim.
Item I – Principal Business Activity (PBA) Code
California uses the
For example, if, as its principal business activity, the partnership (a) purchases raw materials, (b) subcontracts out for labor to make a inished product from the raw materials, and (c) retains title to the goods, the partnership is considered to be a manufacturer and must enter “Manufacturer” in item C and enter in item I one of the codes (311110 through 339900) listed under “Manufacturing” on the list, Codes for Principal Business Activity
Question J
All LLCs must answer all three questions. The questions provide information regarding changes in control or ownership of legal entities owning or under certain circumstances leasing California real property (R&TC Section 64). (Real property includes land, buildings, structures, ixtures - see R&TC Section 104).
If any of the answers are “Yes,” a Statement of Change in Control and Ownership of Legal Entities, must be iled with the State of California; failure to do so within 90 days of the event date will result in penalties. The form for this statement is form
There may be a change in ownership or control if, during this year, one of the following occurred with respect to this LLC (or any legal entity in which it holds a controlling or majority interest):
yThe percentage of ownership interests transferred to, or owned or controlled by, one person or one legal entity cumulatively exceeded 50%.
yThe total ownership interests transferred to or held by one irrevocable trust or trust beneiciary cumulatively exceeded 50%.
yThis LLC, (or any legal entity in which it holds a controlling or majority interest,) cumulatively acquired ownership or control of more than 50% of the LLC or other ownership interests in any legal entity.
yAs of the end of this year, cumulatively more than 50% of the total ownership interests have been transferred in one or more transactions since an interest in California real property was transferred to the LLC that was excluded from property tax reassessment under R&TC Section 62(a)(2) which established an original
For purposes of these questions, leased real property is a leasehold interest in taxable real property: (1) leased for a term of 35 years or more (including renewal options), if not leased from a government agency; or (2) leased for any term, if leased from a government agency. For LLC’s, ownership interest is measured by a member’s interest in both the capital and proits interests in the LLC.
R&TC Section 64(e) requires this information for use in determining whether a change in ownership has occurred under section 64(c) and (d); it is used by the LEOP.
Schedule IW, LLC Income Worksheet Instructions
For purposes of this worksheet, “Total California Income” means total income from all sources derived from or attributable to this state. The deinition of total income for purposes of calculating the LLC fee excludes all allocations, distributions, or gains from another LLC that was already subject to the LLC fee. “Total income” means gross income, plus the cost of goods sold that are paid or incurred in connection with the trade or business of the taxpayer attributed to California. Total income from all sources derived or attributable to this state is determined using the rules for assigning sales under R&TC Sections 25135 and 25136 and the regulations thereunder, as modiied
by regulations under R&TC Section 25137, if applicable, other than those provisions that exclude receipts from the sales factor.
If the SMLLC does not meet the 3 million criteria for iling Schedule B (568) and Schedule K (568), the SMLLC is still required to complete Schedule IW. Disregarded entities that do not meet the iling requirements to complete Schedule B or Schedule K should prepare Schedule IW by entering the
Form 568 Booklet 2018 Page 13
California amounts attributable to the disregarded entity from the member’s federal Schedule B, C, D, E, F (Form 1040), or additional schedules associated with other activities. For example, if an SMLLC has IRC Section 1231 gains, the SMLLC will need to get the amount from the schedule containing that information, such as Schedule
Determining Total Income From All Sources Derived From or Attributable to California.
Use only amounts that are from sources derived from or attributable to California when completing lines
Sales of Tangible Property
Total income from sales of tangible personal property with a destination in California (except sales to the U. S. Government) are attributable to California if the property is delivered or shipped to a purchaser within California regardless of the freight on board point or other conditions of sale. Total income from sales of tangible personal property (except sales to the U. S. Government) which are shipped from an ofice, store, warehouse, factory, or other place of storage within California are assigned to California unless the seller is taxable in the state of destination. Any transportation of goods by vehicle is a form of shipment, whether the vehicle is owned by the seller, the purchaser, or a common carrier. If a seller transfers possession of goods to a purchaser at the purchaser’s place of business in California, the sale is a California sale. However, if goods are transferred to the purchaser’s employee or agent at some other location in California and the purchaser immediately transports the goods to another state, the sale is not a California sale. (See FTB Legal Ruling
Total income from sales of tangible personal property to the U.S. Government are attributable to California if the property is shipped from California even
if the taxpayer is taxable in the state of destination. Only sales for which the U.S. Government makes direct payment to the seller according to the terms of a contract constitute sales to the U.S. Government. Thus, as a general rule, sales by a subcontractor to the prime contractor, the party to the contract with the U.S. Government, do not constitute sales to the U.S. Government.
Sales of Other Than Sales of Tangible Personal Property
Market Assignment – R&TC Section 25136 requires all taxpayers to assign sales, other than sales of tangible personal property, using market assignment.
The market assignment method and
1.Sales from services to the extent that the purchaser of the service receives the beneit of the service in California.
2.Sales of intangible property to California to the extent that the intangible property is used in California. For marketable securities, the sales are in California if the customer is in California.
3.Sales from the sale, lease, rental, or licensing of real property if the real property is located in California.
4.Sales from the rental, lease, or licensing of tangible personal property if the property is located in California.
For more information, see R&TC Section 25136 and Cal. Code Regs., tit.
18 section
Alternative Methods. There are alternative methods to assign total income to California that apply to speciic industries. These rules are contained in the regulations adopted pursuant to R&TC Section 25137. If the LLC is in one of these lines of business, the sale assignment methodology employed in the regulation applicable to the LLC’s line of business should be used to determine total income derived from or attributable to California.
The rules contained in R&TC Section 25137(c) that serve to remove items from assignment in their totality are not applicable to the determination of income derived from or attributable to California.
The deinition of “Total Income” excludes allocations, distributions, or gains to an LLC from another LLC, if that allocation, distribution, or gain was
already subject to the LLC fee. Do not include any income on the worksheet that has already been subject to the LLC fee.
Sum of all Table 3, lines 1a, add to line 3b Sum of all Table 3, lines 1b, add to line 3c Sum of all Table 3, lines 2, add to line 8b Sum of all Table 3, lines 3, add to line 9b
All Table 3 amounts come from partnerships and LLCs that have iled Form 565.
Lines 1b, 2b, 3b, 3c, and 17 may not be negative numbers. LLCs that are disregarded entities compute the “Total Income” on Schedule IW. Use the applicable lines.
Form 568
Line 1 – Total Income from Schedule IW, LLC Income Worksheet Enter the LLC’s “Total California Income” as computed on line 17 of Schedule IW. The amount entered on Form 568, line 1, may not be a negative number.
Line 2 – Limited Liability Company Fee
Enter the amount of the LLC fee. The LLC must pay a fee if the total California income is equal to or greater than $250,000.
The LLC must estimate the fee it will owe for the year and make an estimated fee payment by the 15th day of the 6th month of the current taxable year.
When the due date falls on a weekend or holiday, the deadline to ile and pay without penalty is extended to the next business day. LLCs will use form FTB 3536, to remit the estimated fee. LLCs will also use form FTB 3536 to pay by the due date of the LLC’s return, any amount of LLC fee owed that was not paid as a timely estimated fee payment. A penalty will apply if the LLC’s estimated fee payment is less than the fee owed for the year. A penalty will not be imposed if the estimated fee paid by the due date is equal to or greater than the total amount of the fee of the LLC for the preceding taxable year. See General Information G, Penalties and Interest, for more details.
Line 3 – 2018 Annual Limited Liability Company Tax
Enter the $800 annual tax. This tax was due the 15th day of the 4th month (iscal year) or April 15, 2018 (calendar year), after the beginning of the LLC’s 2018 taxable year and paid with the 2018 form FTB 3522. When the due date falls on a weekend or holiday, the deadline to ile and pay without penalty is extended to the next business day. If the annual LLC tax was not paid within the prescribed time period, penalties and interest are now due. See General Information G, Penalties and Interest, for more details.
Line 4 – Nonconsenting Nonresident Members’ Tax Liability
Enter the total tax computed on Schedule T from Side 4 of Form 568. The LLC is responsible for paying the tax of nonconsenting nonresident members and nonconsenting owners of disregarded entities. Treat a nonconsenting owner of a disregarded entity in the same manner as a nonconsenting nonresident member. See the Speciic Line Instructions for Schedule T.
The nonconsenting nonresident members’ tax paid by an LLC on behalf of a nonresident is allocated to the nonresident member on Schedule
Line 5 – Partnership Level Tax
Enter the California tax change resulting from federal partnership level audit adjustments. See R&TC Section 18622.5 for more information
Line 7 – Enter the amount paid with form FTB 3537 and 2018 form FTB 3522 and form FTB 3536. If the LLC is a nonconsenting nonresident member of another LLC, an amount will be entered on line 15e of the Schedule
Line 9 – Withholding (Form
If the LLC was withheld upon by another entity, the LLC can either allocate the entire withholding credit to all its members or claim a portion on line 9 (not to exceed the total tax and fee due) and allocate the remaining portion
Page 14 Form 568 Booklet 2018
to all its members. If the LLC claims any of the amount withheld, attach Form
Line 11 – Use Tax
As explained under General Information W, California use tax applies to purchases of merchandise from
Note: The following businesses are required to report purchases subject to use tax directly to the California Department of Tax and Fee Administration and may not report use tax on their income tax return:
yBusinesses that have, or are required to hold, a California seller’s permit.
yBusinesses that receive $100,000 or more per year in gross receipts.
yBusinesses that are registered or required to be registered with the California Department of Tax and Fee Administration to report use tax.
An LLC that is not required to report purchases subject to use tax directly to the California Department of Tax and Fee Administration may, with some exceptions, report use tax on its Limited Liability Company Return of Income. To report use tax on the tax return, complete the Use Tax Worksheet on this page.
Note: An LLC may not report use tax on its income tax return for certain types of transactions. These types of purchases are listed in the instructions for completing Worksheet, line 1.
If the LLC owes use tax but does not report it on the income tax return, the LLC must report and pay the tax to the California Department of Tax and Fee Administration. For information on how to report use tax directly to the California Department of Tax and Fee Administration, go to their website at cdtfa.ca.gov and type “Find Information About Use Tax” in the search bar.
Failure to timely report and pay the use tax due may result in the assessment of interest, penalties, and fees.
Use Tax Worksheet
Round all amounts to the nearest whole dollar.
1.Enter purchases from
See worksheet instructions |
$ |
.00 |
2.Enter the applicable sales and use tax rate.
See worksheet instructions. . . . . . . . . . . . . . . . . . . . . . . . . .
3. |
Multiply line 1 by the tax rate on line 2. Enter result here |
$ |
.00 |
4. |
Enter any sales or use tax paid to another state for purchases |
|
|
|
included on line 1. See worksheet instructions |
$ |
.00 |
5.Total Use Tax Due. Subtract line 4 from line 3. Enter the amount here and on line 11. If the amount is less than zero,
enter |
$ |
.00 |
Worksheet, Line 1, Purchases Subject to Use Tax
Report purchases of items that would have been subject to sales tax if purchased from a California retailer unless your receipt shows that California tax was paid directly to the retailer. For example, generally, purchases of clothing would be included, but not exempt purchases of food products
or prescription medicine. For more information on nontaxable and exempt purchases, visit the California Department of Tax and Fee Administration’s website at cdtfa.ca.gov.
yInclude handling charges.
yDo not include any other state’s sales or use tax paid on the purchases.
yEnter only purchases made during the year that correspond with the tax return the LLC is iling.
Note: Do not report the following types of purchases on the LLC’s income tax return:
yVehicles, vessels, and trailers that must be registered with the Department of Motor Vehicles.
yMobile homes or commercial coaches that must be registered annually as required by the Health and Safety Code.
yVessels documented with the U.S. Coast Guard.
yAircraft.
yRental receipts from leasing machinery, equipment, vehicles, and other tangible personal property to its customers.
yCigarettes and tobacco products when the purchaser is registered with the California Department of Tax and Fee Administration as a cigarette and/or tobacco products consumer.
Worksheet, Line 2, Sales and Use Tax Rate
Enter the sales and use tax rate applicable to the place in California where the property is used, stored, or otherwise consumed. If the LLC does not know the applicable city or county sales and use tax rate, please go to the California Department of Tax and Fee Administration’s website at cdtfa.ca.gov and type “City and County Sales and Use Tax Rates” in the search bar or call their Customer Service Center at 800.400.7115 or (TTY) 711 (for hearing and speech disabilities).
Worksheet, Line 4, Credit for Tax Paid to Another State
This is a credit for tax paid to other states on purchases reported on line 1. The LLC can claim a credit up to the amount of tax that would have been due if the purchase had been made in California. For example, if the LLC paid $8.00 sales tax to another state for a purchase, and would have paid $6.00 in California, the LLC can only claim a credit of $6.00 for that purchase.
Line 18 – Penalties and Interest
Enter penalties and interest. See General Information G, Penalties and Interest.
Line 19 – Total Amount Due
Enter the total amount due. See General Information E, When and Where to File.
Question K
Enter the maximum number of members in the LLC at any time during the taxable year. For multiple member LLCs, the number of Schedules
Question L through Question GG
Check the “Yes” or “No” box. SMLLCs are excluded from providing a Schedule
Question L
An “investment partnership” is a partnership that meets both of the following criteria:
1.No less than 90% of the cost of the partnership’s total assets consist of the following:
y Qualifying investment securities.
y Deposits at banks or other inancial institutions.
y Ofice equipment and ofice space reasonably necessary to carry on the activities of an investment partnership.
2.No less than 90% of the partnership’s gross income is from interest, dividends, and gains from the sale or exchange of “qualifying investment securities.”
“Qualifying investment securities” include all of the following:
yCommon and preferred stock, as well as debt securities convertible into common stock.
yBonds, debentures, and other debt securities.
yForeign and domestic currency deposits or equivalents and securities convertible into foreign securities.
y
yRepurchase agreements and loan participations.
yForeign currency exchange contracts and forward and futures contracts on foreign currencies.
yStock and bond index securities and futures contracts, and other similar securities.
yRegulated futures contracts.
yOptions to purchase or sell any of the preceding qualiied investment securities, except regulated futures contracts.
“Qualifying investment securities” do not include an interest in a partnership, unless the partnership qualiies as an “investment partnership.” See R&TC Sections 17955 and 23040.1 and General Information O, Investment Partnerships, for more information.
Question N
If Question N is answered “Yes,” see the federal partnership instructions concerning an election to adjust the basis of the LLC’s assets under IRC Section 754.
Form 568 Booklet 2018 Page 15
Question P
California requires taxes to be withheld from certain payments or allocations of income and sent to the FTB (R&TC Sections 18662 and 18666). If the LLC does not withhold and, upon examination, the FTB determines that withholding was required, the LLC may be liable for the tax and penalties. The reference to Forms 592,
Question U
See General Information S,
Question V
Federal Form 8886, Reportable Transaction Disclosure Statement, must be attached to any return on which the LLC has claimed or reported income from, or a deduction, loss, credit, or other tax beneit attributable to, participation in a reportable transaction. If the LLC is required to ile this form with the federal return, attach a copy to the LLC’s Form 568. Do not attach copies of federal Schedule
A material advisor is required to provide a reportable transaction number to all taxpayers and material advisors for whom the material advisor acts as a material advisor.
A Reportable Transaction is any transaction as deined in R&TC
Section 18407 and Treas. Reg.
yA Conidential Transaction, which is offered to a taxpayer under conditions of conidentiality and for which the taxpayer has paid a minimum fee.
yA transaction with contractual protections which provides the taxpayer with the right to a full or partial refund of fees if all or part of the intended tax consequences from the transaction are not sustained.
yA loss transaction is any transaction resulting in the taxpayer claiming a loss under IRC Section 165 of at least $10 million in any single taxable year or $20 million in any combination of taxable years for partnerships that have only corporation as partners (looking through any partners that are themselves partnerships), whether or not any losses pass through to one or more partners. $2 million in any single taxable year or $4 million in any combination of taxable years for all other partnerships.
yA transaction with a signiicant
yA transaction where the taxpayer is claiming a tax credit of greater than $250,000 and held the asset for less than 45 days (entered into prior to August 3, 2007).
yA transaction of interest is a transaction that is the same as or substantially similar to one of the types of transactions that has been identiied by the IRS as a transaction of interest (entered into on or after November 2, 2006).
yA Listed Transaction is a speciic reportable transaction, or one that is substantially similar, which has been identiied by the IRS or the FTB to be a tax avoidance transaction.
Question CC
Check the “Yes” or “No” box to indicate if the LLC is deferring any income from the disposition of assets. If “Yes,” enter the
Question DD
Check the box for the type(s) of previously deferred income the LLC is reporting. If there are multiple sources of income, check the box for the appropriate items and attach a schedule listing the income type and year of disposition. If the LLC is reporting “Other” types of previously deferred income, check the box for “Other” and attach a schedule listing the income type and year of disposition. This question is applicable if the LLC is reporting previously deferred income in the current taxable year or prior taxable years.
Question EE
LLCs doing business under a name other than that entered on Side 1 of Form 568 must enter the doing business as (DBA) name in Question EE. If the LLC is doing business under multiple DBA’s attach a schedule listing all DBA’s. Leave Question EE blank if the LLC is not using DBA’s to conduct business.
Question FF
Check the “Yes” or “No” box to indicate if the LLC operated as another entity type such as a Corporation, S Corporation, General Partnership, Limited Partnership, LLC, or Sole Proprietorship in the previous ive (5) years. If “Yes,” enter prior FEIN(s) if different, business name(s), and entity type(s) for prior returns iled with the FTB and/or IRS on line FF (2). If there are multiple entries, write “see attached” on the line and attach a schedule listing the prior FEINs, business names, and entity types.
Question GG
Check “Yes” or “No” if the LLC previously operated outside California. Check “Yes” or “No” if this is the LLC’s irst year of doing business in California.
Single Member LLC Information and Consent
Complete all requested information and provide the identiication number of the entity (Federal TIN/SSN or FEIN/CA Corp no./CA SOS File no.) that will report the items of income, deductions, credits, etc., of the disregarded entity. The owner will be responsible for limiting any credits attributable to the disregarded entity. Check the box for the entity type of the ultimate owner of the SMLLC. Note: Check exempt organization if the owner is a pension plan, charitable organization, insurance company, or a government entity.
The LLC must treat the failure of the sole owner to sign this consent in the same manner as the failure of a nonresident member to sign form FTB 3832. See the Speciic Line Instructions for Schedule T.
If the single member of the LLC signs the consent, only complete Form 568, Side 1, Side 2, Side 3, Side 7 (Schedule IW), and pay the amount due.
Schedules B & K are required to be iled if any of the following are met:
yThe income or loss amount reported on Schedule B, line 1 or line 3 through line 11, is $3,000,000 or more.
yThe “Total distributive income/payment items,” Schedule K, line 21a, is greater than or equal to $3,000,000 OR less than or equal to
See Instructions for Schedule IW for more information.
Multiple member LLCs will complete the remaining schedules, as appropriate.
Single member LLCs (SMLLCs) do not complete form FTB 3832. An SMLLC consents to be taxed under California jurisdiction by signing the Single Member LLC Information and Consent on Form 568. Multiple member LLCs must complete and sign form FTB 3832.
Schedule A — Cost of Goods Sold
California’s reporting requirements for LLCs are generally the same as the federal reporting requirements for partnerships. Follow the instructions for federal Form
Schedule B — Income and Deductions
Line 1 through Line 12
California’s reporting requirements for LLCs classiied as partnerships are generally the same as the federal reporting requirements for partnerships.
Follow the instructions for federal Form 1065 and include only trade or business activity income on line 1 through line 12. However, for California tax purposes, business income of the LLC is deined using the rules set forth in R&TC Section 25120. Therefore, certain income that may be portfolio income for federal purposes may be included as business income for California sourcing purposes. Do not include rental activity income or portfolio income on these lines. Rental activity income and portfolio income are separately reported on Schedule K (568) and Schedule
Use worldwide amounts determined under California law when completing these lines.
Form 568, Schedule B, line 4 through line 11 have been separated to report total gains and total losses. Net amounts are no longer reported. List total gains and total losses separately, even if listed together on federal forms. For example, the LLC is required to report a $100 Other Income item and a <$20> Other Loss item. The $100 Other Income item must be reported on line 10 and the <$20> Other Loss item loss must be reported as a negative number on line 11.
Page 16 Form 568 Booklet 2018
Line 6 – Total Farm Proit
Line 7 – Total Farm Loss
Enter on line 6 the LLC’s total farm proit from federal
Schedule F (Form 1040), Proit or Loss From Farming, line 34, Net farm proit or (loss). Enter on line 7 the LLC’s total farm loss from federal Schedule F (Form 1040), line 34. Attach federal Schedule F to Form 568. If the amount includable for California purposes is different from the amount on federal Schedule F, enter the California amount and attach an explanation of the difference.
Line 8 – Total Gain from Schedule
Line 9 – Total Loss from Schedule
Include only ordinary gains or losses from the sale, exchange, or involuntary conversion of assets used in a trade or business activity. Ordinary
gains or losses from the sale, exchange, or involuntary conversion of rental activity assets must be reported separately on Schedule K (568) and Schedule
An LLC that is a member in another LLC or partner in a partnership must include on Schedule
Line 13 through Line 22
California’s reporting requirements for LLCs are generally the same as the federal reporting requirements for partnerships.
Follow the instructions for federal Form 1065 and include only trade or business activity deductions on line 13 through line 21. Line 21 (Other Deductions) includes repairs, rents and taxes. Do not include any rental activity expenses or deductions that are allocable to portfolio income on these lines. Rental activity deductions and deductions allocable to portfolio income are separately reported on Schedule K (568) and Schedule
Use worldwide amounts determined under California law when completing these lines.
Federal reporting requirements for organization and syndication expenses and uniform capitalization rules apply for California.
For taxable years beginning on or after January 1, 2014, California does not allow a business expense deduction for any ine or penalty paid or incurred by an owner of a professional sports franchise assessed or imposed by the professional sports league that includes that franchise. If the LLC deducted the ine or penalty for federal purposes, do not include the deduction for California purposes.
Claim of Right. To claim the deduction, enter the amount on line 21. If you elect to take the credit instead of the deduction, remember to use the California tax rate and add the credit amount to the total on line 9, Total payments (Form 568, Side 1). To the left of this total, write “IRC 1341” and the amount of the credit.
Line 17a – Depreciation and Amortization
Enter on line 17a, only the total depreciation and amortization claimed on assets used in a trade or business activity. Complete and attach form
FTB 3885L, Depreciation and Amortization (included in this booklet), to igure depreciation and amortization. Transfer the total from form FTB 3885L, line 6, to Form 568, Side 4, line 17a, or federal Form 8825, as appropriate (use California amounts).
Do not include any expense deduction for depreciable property
(IRC Section 179) on this line. This expense is not deducted by the LLC. Instead, the expense is passed through separately to the members and is reported on line 12 of Schedule K (568) and Schedule
Schedule T — Nonconsenting Nonresident Members’ Tax Liability
Use Schedule T to compute the nonconsenting nonresident members’ tax liability to be paid by the LLC. List the names and identiication numbers of all nonresident members who have not signed a form FTB 3832 or a nonresident single member who has not signed the SMLLC Information and Consent on Side 3 of Form 568, and have not consented to be subject to California tax. Also, list the nonresident members’ distributive share of income.
To compute the amount of tax that must be paid by the LLC on behalf of a nonconsenting nonresident member, multiply such member’s distributive share of income by the following rates:
y8.84% if the member is a C corporation.
y12.3% if the member is an individual, partnership, LLC, estate, or trust.
y1.5% if the member is an S corporation.
Each member’s Nonconsenting Nonresident Members’ Tax may be reduced by the amount of tax previously withheld under R&TC Section 18662 and paid by the LLC on behalf of such member.
Multiply column (c) by column (d) and put the result in column (e) for each nonconsenting nonresident member. Reduce column (e) by the amount in column (f) and put the net amount in column (g) for each nonconsenting nonresident member. Column (g) cannot be less than zero.
The tax being paid by the LLC on behalf of nonconsenting nonresident members is due by the original due date of the return.
Reminder: All members must ile a California tax return. The completion of Schedule T or form FTB 3832 does not satisfy the member’s California iling requirement. Corporate members are also considered doing business in California and may have additional iling requirements. For additional information get FTB Pub. 1060, Guide for Corporations Starting Business in California. Nonresident individuals may qualify to ile a group Form 540NR and should get FTB Pub. 1067, Guidelines for Filing a Group Form 540NR.
Schedule L — Balance Sheets
If Question 4a through Question 4c on federal Form 1065, Schedule B, are all answered “Yes” and the LLC has 10 or fewer members, the LLC is not required to complete Schedules L,
California’s reporting requirements for LLCs classiied as partnerships, are the same as the federal reporting requirements for partnerships. The amounts reported on the balance sheet should agree with the books and records of the LLC and should include all amounts whether or not subject to taxation. Attach a statement explaining any differences between federal and state amounts or the balance sheet and the LLC’s books and records. Follow the instructions for federal Form 1065, Schedule L.
Schedule
If the LLC is required to complete Schedule
Use worldwide amounts determined under California law when completing Schedule
Net Income (Loss) Reconciliation for Certain LLCs. For taxable years beginning on or after January 1, 2014, the IRS allows LLCs with at least $10 million but less than $50 million in total assets at tax year end to ile Schedule
yA copy of the federal Schedule
yA complete copy of the federal return.
The FTB will accept the federal Schedule
Schedule O — Amounts from Liquidation Used to Capitalize a Limited Liability Company
Complete Schedule O if “initial return” is checked in Question H of Form 568.
Schedule O is a summary of the entities liquidated to capitalize the LLC and the amount of gains recognized in such liquidations.
Include the complete names and identiication numbers of all entities liquidated. Check the appropriate box for the type of entity liquidated. Include the amount of liquidation gains recognized in order to capitalize the LLC.
Form 568 Booklet 2018 Page 17
Schedule K (568) and Schedule
Purpose of Schedules
Schedule K (568) is a summary schedule for the LLC’s income, deductions, credits, etc. and Schedule
One copy of each Schedule
Be sure to give each member a copy of their respective Schedule
Refer to the Schedule K Federal/State Line References chart, in this booklet, and Speciic Line Instructions when completing California Schedule K (568) and Schedule
Schedule K (568) Only
Disregarded entities – Schedule K is only required to be iled if any of the following is met:
yThe income or loss amount reported on Schedule B, line 1 or line 3 through line 11, is $3,000,000 or more.
yThe “Total distributive income/payment items,” Schedule K, line 21a, is greater than or equal to $3,000,000 OR less than or equal to
If Schedule K (568) is required to be iled, prepare Schedule K by entering the amount of the corresponding Member’s share of Income, Deductions, Credits, etc. attributable to the activities of the disregarded entity from the Member’s federal Form 1040 including Schedule B, Interest and Ordinary Dividends, Schedule C, Proit or Loss from Business (Sole Proprietorship), Schedule D, Capital Gains and Losses, Schedule E, Supplemental Income and Loss, and Schedule F, federal Schedule K, or federal Form 1120 or 1120S, of the owner.
In column (b) on Schedule K (568), Members’ Shares of Income, Deductions, Credits, etc., enter the amounts from federal Schedule K (1065), Partners’ Distributive Share Items.
In column (c), enter the adjustments resulting from differences between California and federal law (not adjustments related to California source income). In column (d), enter the worldwide income computed under California law.
For members to comply with the requirements of IRC Section 469, trade or business activity income (loss), rental activity income (loss), and portfolio income (loss) must be considered separately by the member. Rental activity income (loss) and portfolio income (loss) are not reported on Form 568, Side 4 so that these amounts are not combined with trade or business activity income (loss). Use Schedule K, lines 2, 3, 5, 6, 7, 8, 9, and 11a to report these amounts.
Compliance with LLC Filing Requirements
To help ensure the accurate and timely processing of the LLC’s Form 568, verify the following:
yA Schedule
yThe attached Schedule
yItems A through I are completed on Schedule
yThe appropriate entity type box on Schedule
yAll attached Schedules
yThe member’s percentage, on Schedule
(i.e., 33.5432). Do not print fractions, percentage symbols (%), or use terms such as “Various” or “Formula”.
ySubstitute
Schedule
The Schedule
Schedule
For members with PMB addresses, include the designation number in the member’s address area. Precede the number (or letter) with “PMB.”
For each individual member, enter the member’s social security number (SSN) or Individual Taxpayer Identiication Number (ITIN). For all other members enter their FEIN. However, if a member is an individual retirement arrangement (IRA), enter the identifying number of the custodian of the IRA. Do not enter the SSN or ITIN of the person for whom the IRA is maintained.
The LLC iles one California Schedule
Determining the Source of the LLC’s Income for a Resident Member
A resident member should include the entire distributive share of LLC income in their California income. If the LLC apportions its income, the member may be entitled to a tax credit for taxes paid to other states. The member should be referred to the California Schedule S, Other State Tax Credit, for more information.
Determining the Source of the LLC’s Income for a Nonresident Member
Business Income: Regardless of the classiication of income for federal purposes, the LLC’s income from California sources is determined in accordance with California law (Cal. Code Regs., tit. 18 section
The California source income from a trade or business of a Nonresident Member is determined as follows:
yA trade or business wholly within California, then income from that trade or business is California source income;
yA business within and outside California, but the part within the state is so separate and distinct that it can be separately accounted for, then only that separate income from within the state is California source income; or
yA single trade or business within and outside California, then California source business income of that trade or business is determined
by apportionment.
The LLC should apportion business income using the Uniform Division of Income for Tax Purposes Act (R&TC Sections 25120 through 25139). Special rules apply if the LLC has nonbusiness income.
Nonbusiness Income: Nonbusiness income attributable to real or tangible personal property (such as rents, royalties, or gains or losses) located in California is California source income (Cal. Code Regs., tit. 18 section
The source of nonbusiness income attributable to intangible property depends upon the member’s state of residence or commercial domicile. Individuals generally source this income to their state of residence and corporations to their commercial domicile, R&TC Sections 17951 through 17955.
Because the determination of the source of intangible nonbusiness income must be made at the member level, this income is not entered on Schedule
Completing Schedule
Questions A through I
See the instructions for federal Form 1065, Speciic Instructions, Schedule
Question A, Schedule
Check the appropriate box to indicate the member’s entity type. Exempt organizations should check the exempt organization box regardless of legal form.
Question B, Schedule
Check the appropriate box to indicate whether this member is foreign or not.
Question C, Schedule
Percentages must be 4 to 7 characters in length and have a decimal point before the inal 4 characters. For example, 50% is represented as 50.0000,
Page 18 Form 568 Booklet 2018
5% as 5.0000, 100% as 100.0000. Do not enter a fraction, the percentage symbol (%), or the term ‘’Various” or “Formula”.
Question D, Schedule
For more information on completing Question D, get the instructions for federal Form 1065, Speciic Instructions, Schedule
Question E, Schedule
Enter the reportable transaction number, and/or the tax shelter registration number if applicable. See instructions for Form 568, Question V, for more information.
Question F(1), Schedule
If the “YES” box is checked on Form 568, Question T, then check the box for Question F(1) on Schedule
Question F(2), Schedule
If the “YES” box is checked on Form 568, Question L, then check the box for Question F(2) on Schedule
Question G(1), Schedule
If the LLC is iling a inal year tax return, check the “Final Return” box on Form 568, Side 1, Item H(2), and check the “A inal Schedule
California law does not conform to the federal repeal of the technical termination of a partnership.
Completing Column (b) through Column (e)
yIn column (b), enter the amounts from federal Schedule
yIn column (c), enter the adjustments resulting from differences between California and federal law for each speciic line item.
yIn column (d), enter the result of combining column (b) and column (c). This is total income under California law.
Column (e) is used to report California source or apportioned amounts and credits. Include the following items in this column:
For Individuals:
1.Income from separate businesses, trades, or professions conducted wholly within California, Cal. Code Regs., tit. 18 section
2.Income from a trade or business conducted within and outside California, when the part of business conducted within California can be separately accounted for, Cal. Code Regs., tit. 18 section
3.Nonbusiness income from real and tangible property located in California. Enter the member’s share of nonbusiness income from real and tangible property located in California in column (e).
4.Income from a trade or business conducted within and outside California. Enter the amount of business income apportioned to California according to Schedule R. This includes intangible income attributable to the business, trade, or profession, Cal. Code Regs., tit. 18 section
5.California credits.
For Corporations and Other Business Entities:
1.Income from a trade or business conducted within and outside California. See #4 above For Individuals.
2.Nonbusiness income from real and tangible property located in California. Enter the member’s share of nonbusiness income from real and tangible property located in California in column (e). If the LLC believes it may have a unitary member, enter this income in Table 2, Part B.
3.California credits.
For all members, nonbusiness income from intangible property should not be entered in column (e). Enter this income in Table 1. For more information, see Member’s Instructions for Schedule
Column (d) and Column (e): Schedule
amounts is a matter of law and regulation. The residency of the member is not a factor in the computation of amounts to be included in column (d) and column (e).
For an LLC that is doing business wholly within California, column (e) will generally be the same as column (d), except for nonbusiness intangible income (for example, nonbusiness interest, dividends, gain, or loss from sales of securities).
For an LLC that is doing business within and outside California, the amounts in column (d) and column (e) may be different.
If the LLC knows the member is a resident individual, then the LLC answers “Yes” to Question H on Schedule
Completing Table 1
Complete Table 1 only if the LLC has nonbusiness intangible income. If the LLC has nonbusiness intangible income, and knows that the member is a resident individual, then the LLC does not need to complete Table 1 for the member.
Completing Table 2
The LLC will complete Table 2, Parts A to C for unitary members and Table 2 Part C for all
The LLC will complete Table 2, Part C to report the member’s distributive share of property, payroll and sales Total within California.
The members will use Table 2, Part C to determine if they meet threshold amount of California property, payroll and sales for doing business threshold in California. See General Information A, Important Information, regarding Doing Business for more information.
Special Rules for Members and LLCs in a Single Unitary Business Special rules apply if the LLC and a member are engaged in a single unitary business. In that case, a unitary member will not use the income information shown in column (e). Instead, the member’s distributive share of business income is combined with the member’s own business income. The combined business income is apportioned using an apportionment formula that consists of an aggregate of the member’s share of the apportionment factors from the LLC and the member’s own apportionment factors, Cal. Code Regs., tit. 18 section
If the LLC knows that all of the members are unitary with the LLC, the LLC need not complete column (e) or attach Schedule R. For further information, see Member’s Instructions for Schedule
Special Rules for Partners and Partnerships in a
Special Reporting Requirements for Passive Activities
If items of income (loss), deduction, or credit from more than one activity are reported on Schedule
Specific Line Instructions
The California Schedule K (568) generally follows the federal
Schedule K (1065). Where California and federal laws are the same, the instructions for California Schedule K (568) refer to the instructions for federal Schedule K (1065).
When completing the California Schedule K (568) and Schedule
Line 1 through Line 11
See the instructions for federal Form 1065, Speciic Instructions Schedules K and
Form 568 Booklet 2018 Page 19
Form 568, Schedule K and Schedule
<$60> IRC Section 1231 loss item must be reported as a negative number on line 10b.
Energy conservation rebates, vouchers, or other inancial incentives are excluded from income.
Schedule K (568) must include all income and losses from the LLC activities as determined under California laws and regulations. Any differences reported between the federal and California amounts should be related to differences in the tax laws. Do not apply the apportionment formula to the income or losses on Schedule K (568).
Financial Incentive for Seismic Improvement
For taxable years beginning on or after July 1, 2015, California law allows an income exclusion for loan forgiveness, grants, credits, rebates, vouchers, or other inancial incentive issued by the California Residential Mitigation Program or California Earthquake Authority to assist a residential property owner or occupant with expenses paid, or obligations incurred, for earthquake loss mitigation. If any amount was included for federal purposes, exclude that amount for California purposes on line 11b, column (c).
Financial Incentive for Turf Removal
For taxable years beginning on or after January 1, 2014, and before January 1, 2019, California law allows an income exclusion for rebates, vouchers or other inancial incentive issued by a local water agency or supplier in a turf removal water conservation program. If any amount was included for federal purposes, exclude that amount for California purposes on line 11b, column (c).
IRC Section 951A income. California does not conform to IRC Section 951A. If, for federal purposes, global intangible
IRC Section 965 inclusions. California does not conform to IRC Section
965.If for federal purposes, deferred foreign income was included, make an adjustment on line 11b, column (c). In addition, taxpayers that reported IRC Section 965 amounts on their federal tax return should write “IRC 965” on the top of their California tax return or follow their tax software guidelines.
Line 1, column (c)
An adjustment to increase the business income of a service LLC to relect the guaranteed payment deduction adjustment required by Cal. Code Regs., tit. 18 section
Line 10a and Line 10b
Enter on lines 10a and 10b the amounts shown on Schedule
If the LLC has more than one activity and the amount on line 10a or
line 10b is a passive activity amount to the member, attach a statement to Schedule
Deductions
Line 12 through Line 13
See the instructions for federal Form 1065, Speciic Instructions Schedules K and
IRC Section 179 expense deductions are subject to different rules for California. See instructions for form FTB 3885L.
Cancellation of Debt Income (CODI). California did not conform to the federal election under IRC Section 108(i) to defer the recognition of CODI in connection with the reacquisition of an applicable debt instrument after December 31, 2008, and before January 1, 2011. The deferral period is ive taxable years for CODI generated in 2009, or four taxable years for CODI generated in 2010.
For federal tax purposes, at the end of the deferral period the income is reported ratably over the next ive years (taxable years beginning on or after January 1, 2014 and before January 1, 2019). If for California purposes, the CODI had been included in income during previous taxable years, and the LLC
recognized the CODI for federal tax purposes in the current year, deduct the federal CODI amount on line 13e, column (c).
IRC Section 965 deductions. California does not conform to IRC Section 965. If, for federal purposes, a deduction was made for deferred foreign income, make an adjustment on line 13e, column (c).
Line 13a – Charitable Contributions
Enter the total amount of charitable contributions made by the LLC during its taxable year on Schedule K (568) and each member’s distributive share on Schedule
For taxable years beginning after December 31, 2017, and before January 1, 2026, the 50% limitation under IRC Section 170(b) for cash contributions to public charities and certain private foundations is increased to 60% for federal purposes. California does not conform. The limitation for California is 50%.
Members are allowed a deduction for contributions to qualiied organizations as provided in IRC Section 170. California law conforms to the federal law, relating to the denial of the deduction for lobbying activities, club dues, and employee remuneration in excess of one million dollars.
California conforms to IRC Section 170(f)(8) substantiation requirement for charitable contributions.
For taxable years beginning on or after January 1, 2014, and before January 1, 2023, do not include any amounts taken into account for the College Access Tax credit as a contribution deduction on line 13a.
Line 13b – Investment Interest Expense
This line must be completed whether or not a member is subject to the investment interest rules. Enter the interest paid or accrued to purchase or carry property held for investment. Property held for investment includes property that produces portfolio income (interest, dividends, annuities, royalties, etc.). Therefore, interest expense allocable to portfolio income should be reported on line 13b of Schedule K (568) and Schedule
Property held for investment includes a member’s interest in a trade or business activity that is not a passive activity to the LLC and in which the member does not materially participate. An example would be the rule concerning a member’s working interest in an oil and gas property (i.e., the member’s interest is not limited if the member does not materially participate in the oil and gas activity). Investment interest does not include interest expense allocable to a passive activity. For more information get form
FTB 3526, Investment Interest Expense Deduction.
Line 14
The information reported on line 14 of the federal Schedule K (1065), and box 14 of the federal Schedule
Credits
California line numbers are different from federal line numbers in this section.
Line 15a – Total Withholding
Add the total amounts on all member’s Schedule
Line 15b through Line 15d
These lines relate to rental activities. Use line 15f to report credits related to trade or business activities.
Line 15b –
A credit may be claimed by owners of residential rental projects providing
Line 15c – Credits Other Than Line 15b Related to Rental Real Estate Activities
Report any information that the members need to igure credits related to a rental real estate activity, other than the
Page 20 Form 568 Booklet 2018
Line 15d – Credits Related to Other Rental Activities
Use this line to report information that the members need to igure credits related to a rental activity. Attach to each member’s Schedule
Line 15e – Nonconsenting Nonresident Member’s Tax Paid by LLC, Schedule
If income tax was paid by the LLC on behalf of a nonresident member who did not sign form FTB 3832, the amount paid is entered on the member’s Schedule
If income tax was paid by an LLC on behalf of a member that is an LLC and form FTB 3832 is not signed on behalf of the member LLC, the amount paid by an LLC is entered on the member LLC’s Schedule
Part of this amount or this entire amount may be reported on Form 568, line 7 (see instructions). Any remaining withholding credit is allocated to all members according to their LLC interest. Individual members must attach a copy of the following to their California tax return to claim their share of the tax paid by the LLC on behalf of the member LLC:
yThe Schedule
yThe Schedule
Line 15f – Other Credits
Attach a schedule showing each member’s allocable share of any credit or credit information that is related to a trade or business activity.
Credits that may be reported on line 15f (depending on the type of activity they relate to) include:
yCalifornia Competes Tax Credit. Get form FTB 3531.
yCollege Access Tax Credit. Get form FTB 3592.
yDisabled Access Credit for Eligible Small Businesses. Get form FTB 3548.
yDonated Agricultural Products Transportation Credit. Get form FTB 3547.
yEnhanced Oil Recovery Credit. Get form FTB 3546.
yEnterprise Zone (EZ) Hiring Credit. Get form FTB 3805Z.
yLocal Agency Military Base Recovery Area (LAMBRA) Hiring Credit. Get form FTB 3807.
yNatural Heritage Preservation Credit. Get form FTB 3503.
yNew Advanced Strategic Aircraft Credit. Use credit code 236.
yNew California Motion Picture and Television Production Credit. Get form FTB 3541.
yNew Donated Fresh Fruits or Vegetables Credit. Get form FTB 3814.
yNew Employment Credit. Get form FTB 3554.
yPrison Inmate Labor Credit. Get form FTB 3507.
yResearch Credit. Get form FTB 3523.
All credit forms are available at ftb.ca.gov/forms.
The Other Credits line may also include the distributive share of net income taxes paid to other states by the LLC. Subject to limitations of R&TC Sections 18001 and 18006, members may claim a credit against their individual income tax for net income taxes paid by the LLC to another state. The amount of tax paid must be supported by a schedule of payments and evidence of tax liability by the LLC to the other states. Refer the members to California Schedule S for more information.
Line 16
The information reported on line 16 of the federal Schedule K (1065) and
box 16 of the federal Schedule
Alternative Minimum Tax (AMT) Items
Line 17a through Line 17f
Enter each member’s distributive share of income and deductions that are adjustments and tax preference items. Schedule P (100, 100W, 540, 540NR, or 541), Alternative Minimum Tax and Credit Limitations, to determine amounts and for other information.
California law conforms to the existing federal law eliminating the deduction for contributions of appreciated property as an item of tax preference. As a result, taxpayers no longer need to include in their computation of Alternative Minimum Taxable Income the amount by which any allowable deduction for contributions of appreciated property exceeds the taxpayer’s adjusted basis in the contributed property.
For additional information, see instructions for federal Schedule K (1065), Alternative Minimum Tax (AMT) Items, line 17a through line 17f. For differences between federal and California law for alternative minimum tax (AMT), see R&TC Section 17062.
Line 18a through Line 18c –
Enter on Schedule K (568), the amounts of
Distributions
Line 19a and Line 19b – Distributions
Enter on Schedule K (568), the amounts of cash and marketable securities, and other property from federal Schedule K (1065), line 19a and line 19b. Enter on Schedule
Other Information
Line 20a and line 20b – Investment Income and Investment Expenses
These lines must be completed whether or not a partner is subject to the investment interest rules.
Enter on line 20a only the investment income included on line 5, line 6, line 7, and line 11a of Schedule K (568) and Schedule
If items of investment income or expenses are included in the amounts that are required to be passed through separately to the member on Schedule
Investment income includes gross income from property held for investment, gain attributable to the disposition of property held for investment, and other amounts that are gross portfolio income. Investment income and investment expenses generally do not include any income or expenses from a passive activity.
Property subject to a net lease is not treated as investment property because it is subject to the passive loss rules. Do not reduce investment income by losses from passive activities.
Investment expenses are deductible expenses (other than interest) directly connected with the production of investment income. Get the instructions for form FTB 3526 for more information.
Line 20c – Other Information
See the instructions for the federal Schedule K (1065), line 20c, Other Items and Amounts. For credit recaptures attach a schedule including credit recapture names and amounts.
The gain on property subject to the IRC Section 179 Recapture should be reported on the Schedule K as supplemental information as instructed on the federal Form 4797.
Form 568 Booklet 2018 Page 21
The LLC must provide all of the following information with respect to a disposition of business property if an IRC Section 179 expense deduction was claimed in prior years:
a.Description of the property.
b.Date the property was acquired.
c.Date the property was sold.
d.Gross sales price.
e.Cost or other basis plus expense of sale (not including the LLC’s basis reduction in the property due to IRC Section 179 expense deduction).
f.Depreciation allowed or allowable (not including the IRC Section 179 expense deduction).
g.Amount of IRC Section 179 expense deduction (if any) passed through to each member for the property and the LLC’s taxable year(s) in which the amount was passed through.
h.An indication if the disposition is from a casualty or theft.
i.If this is an installment sale, any information needed to complete form FTB 3805E.
Supplemental Information
The LLC may need to report supplemental information that is not speciically requested on the Schedule
Members may need to obtain the amount of their proportionate interest of aggregate gross receipts, less returns and allowances, from the LLC.
The gain or loss on property subject to the IRC Section 179 Recapture should be reported on Schedule
The LLC must provide all of the following information with respect to a disposition of business property if an IRC section 179 expense deduction was claimed in prior years:
a.Description of the property.
b.Date the property was acquired.
c.Date the property was sold.
d.The members
e.The members
f.The members
g.The members
h.An indication if the disposition is from a casualty or theft.
i.If this is an installment sale, any information needed to complete form FTB 3805E. The LLC also must separately report the member’s
Alternative minimum taxable income does not include income, positive and negative adjustments, and preference items attributed to any trade or business of a qualiied taxpayer who has gross receipts, less returns and allowances, during the taxable year of less than $1,000,000 from all trades or businesses in which the taxpayer is an owner or has an ownership interest. The LLC should provide the member’s proportionate interest of aggregate gross receipts on Schedule
For purposes of R&TC Section 17062(b)(4), “aggregate gross receipts, less returns and allowances” means the sum of all of the following:
yThe gross receipts of the trades or businesses which the taxpayer owns.
yThe proportionate interest of the gross receipts of the trades or businesses which the taxpayer owns.
yThe proportionate interest of the
“Aggregate gross receipts” means the sum of the gross receipts from the production of business income, as deined in R&TC Section 25120(a), and the gross receipts from the production of nonbusiness income, as deined in R&TC Section 25120(d).
R&TC Section 25120 was amended to add the deinition of gross receipts. For a complete deinition of “gross receipts”, refer to R&TC Section 25120(f), or go to ftb.ca.gov and search for 25120.
For purposes of this section,
Also show on line 20c a statement noting each of the following:
1.Each member’s distributive share of business income apportioned to an EZ, LAMBRA, MEA, or TTA.
2.Each member’s distributive share of business capital gain or loss included in 1 above.
Analysis (Schedule K (568) only)
Line 21a and Line 21b
See the federal instructions for Schedule K (1065), Analysis of Net Income (Loss).
Other Member Information (Schedule
Table 1
Enter the member’s share of nonbusiness income from intangibles. Because the source of this income must be determined at the member level, do
not enter income in this category in column (e). If the income (loss) for an income item is a mixture of income (loss) in different subclasses (for example,
Enter nonbusiness income from intangibles in Table 1 net of related expenses. Do not include expenses offset against nonbusiness income from intangibles in column (e).
Table 2
The LLC will complete Table 2, Parts A to C for unitary members and Table 2, Part C for all
The inal determination of unity is made at the member level. If the LLC and the member are unitary, or if the LLC is uncertain as to whether it is unitary with the member, it should furnish the information in Table 2.
Part A. Enter the member’s distributive share of the LLC’s business income. The member will then add that income to its own business income and apportion the combined business income.
“Business income” is deined by Cal. Code Regs., tit. 18 section 25120(a) as income arising in the regular course of the taxpayer’s trade or business. Business income includes income from tangible and intangible property if the acquisition, management, and disposition of the property constitutes integral parts of the taxpayer’s regular trade or business.
Part B. Enter the member’s share of nonbusiness income from real and tangible property that is located in California. Because this income has a California source, this income should also be included on the appropriate line in column (e).
Nonbusiness income is all income other than business income.
Part C. Enter the member’s distributive share of the LLC’s payroll, property, and sales factors.
The LLC will complete Table 2, Part C to report the member’s distributive share of property, payroll and sales Total within California.
The members will use Table 2, Part C to determine if they meet threshold amount of California property, payroll and sales for doing business threshold in California. See General Information regarding Doing Business for more information.
Page 22 Form 568 Booklet 2018
Schedule K Federal/State Line References
The following chart
|
Federal Schedule K (1065) |
|
CA Schedule K (568) |
|
|
|
|
Line |
Items |
Line |
Items |
|
|
|
|
1 |
Ordinary business income (loss) |
1 |
Ordinary income (loss) from trade or business activities |
2 |
Net rental real estate income (loss) |
2 |
Net income (loss) from rental real estate activities |
3a |
Other gross rental income (loss) |
3a |
Gross income (loss) from other rental activities |
3b |
Expenses from other rental activities |
3b |
Less expenses |
3c |
Other net rental income (loss) |
3c |
Net income (loss) from other rental activities |
4 |
Guaranteed payments |
4 |
Guaranteed payments to members |
5 |
Interest income |
5 |
Interest income |
6a |
Ordinary dividends |
6 |
Dividends |
6b |
Qualiied dividends |
– |
Included in line 6 above |
6c |
Dividend equivalents |
– |
Not applicable |
7 |
Royalties |
7 |
Royalties |
8 |
Net |
8 |
Net |
9a |
Net |
9 |
Net |
9b |
Collectibles 28% gain (loss) |
– |
Included in line 8 and line 9 above, as applicable |
9c |
Unrecaptured section 1250 gain |
– |
Included in line 8 and line 9 above, as applicable |
|
|
|
|
10 |
Net section 1231 gain (loss) |
10a |
Total gain under IRC Section 1231 (other than due to casualty or theft) |
– |
Included in line 10 above |
10b |
Total loss under IRC Section 1231 (other than due to casualty or theft) |
|
|
|
|
– |
Included in line 11 below |
11a |
Other portfolio income (loss) |
11 |
Other income (loss) |
11b |
Total other income |
– |
Included in line 11 above |
11c |
Total other loss |
12 |
Section 179 deduction |
12 |
Expense deduction for recovery property (IRC Section 179) |
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13a |
Contributions |
13a |
Charitable contributions |
13b |
Investment interest expense |
13b |
Investment interest expense |
13c |
Section 59(e)(2) expenditures: (2) Amount |
13c |
1. Total expenditures to which IRC Section 59(e) election may apply |
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(1) Type |
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2. Type of expenditures |
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Included in line 13d below |
13d |
Deductions related to portfolio income |
13d |
Other deductions (see instructions) |
13e |
Other deductions |
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Not applicable |
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15a |
15a |
Withholding on LLC allocated to all members |
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15b |
15b |
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15c |
Qualiied rehabilitation expenditures (rental real estate) |
15c |
Credits other than the credit shown on line 15b related to rental |
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real estate activities |
15d |
Other rental real estate credits |
15d |
Credit(s) related to other rental activities |
15e |
Other rental credits |
15e |
Nonconsenting nonresident members’ tax paid by LLC |
15f |
Other credits |
15f |
Other credits |
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Foreign Transactions |
Not applicable |
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17a |
17a |
Depreciation adjustment on property placed in service after 1986 |
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17b |
Adjusted gain or loss |
17b |
Adjusted gain or loss |
17c |
Depletion (other than oil and gas) |
17c |
Depletion (other than oil and gas) |
17d |
Oil, gas, and geothermal properties – gross income |
17d |
Gross income from oil, gas, and geothermal properties |
17e |
Oil, gas, and geothermal properties – deductions |
17e |
Deductions allocable to oil, gas, and geothermal properties |
17f |
Other AMT items |
17f |
Other alternative minimum tax items |
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18a |
18a |
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18b |
Other |
18b |
Other |
18c |
Nondeductible expenses |
18c |
Nondeductible expenses |
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19a |
Distributions of cash and marketable securities |
19a |
Distributions of cash and marketable securities |
19b |
Distributions of other property |
19b |
Distributions of property other than money |
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20a |
Investment income |
20a |
Investment income |
20b |
Investment expenses |
20b |
Investment expenses |
20c |
Other items and amounts |
20c |
Other information |
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Form 568 Booklet 2018 Page 23
THIS PAGE INTENTIONALLY LEFT BLANK
Visit our website:
ftb.ca.gov
Page 24 Form 568 Booklet 2018
TAXABLE YEAR |
Limited Liability Company |
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CALIFORNIA FORM |
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568 |
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2018 Return of Income |
For calendar year 2018 or iscal year beginning
(m m / d d / y y y y)
and ending
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(m m / d d / y y y y) |
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RP |
Limited liability company name (type or print)A California Secretary of State (SOS) ile number
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Additional information |
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B FEIN |
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Street address (suite, room, PO box) |
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PMB no. |
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C Principal business activity name (same as federal) |
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City (If the LLC has a foreign address, see instructions.) |
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State |
ZIP code |
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D Principal product or service (same as federal) |
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Foreign country name |
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Foreign province/state/county |
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Foreign postal code |
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E |
Check accounting method |
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F Date business started in CA |
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G |
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Enter total assets at end of year. |
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(m m / d d / y y y y) |
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See instructions. |
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(1) Cash (2) Accrual (3) Other (attach explanation) |
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$ |
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H Check the applicable box |
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I Principal business activity |
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code (same as federal) |
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(1) Initial return (2) FINAL RETURN |
(3) Amended return |
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(4) Protective claim |
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J |
(1) During this taxable year, did another person or legal entity acquire control or majority ownership (more than a 50% interest) |
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of this LLC or any legal entity in which the LLC holds a controlling or majority interest that owned California real property |
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(i.e., land, buildings), leased such property for a term of 35 years or more, or leased such property from a government |
No |
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agency for any term? |
. . . . . . |
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Yes |
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(2) During this taxable year, did this LLC acquire control or majority ownership (more than a 50% interest) in another legal |
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entity that owned California real property (i.e., land, buildings), leased such property for a term of 35 years or more, |
No |
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or leased such property from a government agency for any term? |
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Yes |
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(3) During this taxable year, has more than 50% of the LLC’s ownership interests cumulatively transferred in one or more |
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transactions after an interest in California real property (i.e., land, buildings) was transferred to it that was excluded |
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from property tax reassessment under Revenue and Taxation Code Section 62(a)(2) and it was not reported on a |
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Yes |
No |
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previous year’s tax return? |
. . . . . . |
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(Yes requires iling of statement, penalties may apply– see instructions.)
Enclose, but do not staple, any payment.
Complete Schedule IW, LLC Income Worksheet (on Side 7) irst to determine line 1.
1 |
Total income from Schedule IW, Limited Liability Company Income Worksheet. See instructions |
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2 |
Limited Liability Company fee. See instructions |
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3 |
2018 annual Limited Liability Company tax. See instructions |
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4 |
Nonconsenting nonresident members’ tax liability from Schedule T (Side 4) |
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5 |
Partnership level tax. See instructions |
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6 |
Total tax and fee. Add line 2, line 3, line 4, and line 5 |
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7 |
Amount paid with form FTB 3537 and 2018 form FTB 3522 and form FTB 3536 |
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8 |
Overpayment from prior year allowed as a credit |
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9 |
Withholding (Form |
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10 |
Total payments. Add line 7, line 8, and line 9 |
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11 |
Use tax. This is not a total line. See instructions |
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12 |
Payments balance. If line 10 is more than line 11, subtract line 11 from line 10 |
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13 |
Use tax balance. If line 11 is more than line 10, subtract line 10 from line 11 |
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Whole dollars only |
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1 |
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2 |
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3 |
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4 |
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5 |
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6 |
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7 |
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8 |
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9 |
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10 |
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11 |
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12 |
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13 |
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00 |
3671183
Form 568 2018 Side 1
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Whole dollars only |
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14 |
Tax and fee due. If line 6 is more than line 12, subtract line 12 from line 6 |
. . . . . . |
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14 |
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00 |
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15 |
Overpayment. If line 12 is more than line 6, subtract line 6 from line 12 |
. . . . . . |
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15 |
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00 |
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16 |
Amount of line 15 to be credited to 2019 tax or fee |
. . . . . . |
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16 |
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00 |
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17 |
Refund. If the total of line 16 is less than line 15, subtract the total from line 15 |
17 |
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, |
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00 |
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. . . |
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18 |
Penalties and interest. See instructions |
. . . . . . |
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18 |
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00 |
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19 |
Total amount due. Add line 13, line 14, line 16, and line 18, then subtract line 15 from the result. . |
19 |
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, |
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00 |
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KEnter the maximum number of members in the LLC at any time during the year. For multiple member LLCs, attach a
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California Schedule |
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L |
Is this LLC an investment partnership? See General Information O |
Yes No |
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M |
(1) |
Is this LLC apportioning or allocating income to California using Schedule R? |
Yes No |
||
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(2) |
If “No,” was this LLC registered in California without earning any income sourced in this state during the taxable year? . . . |
Yes No |
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N |
Was there a distribution of property or a transfer (for example, by sale or death) of an LLC interest during the taxable year? . . . |
Yes No |
|||
P |
(1) |
Does the LLC have any foreign |
Yes No |
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(2) |
Does the LLC have any domestic |
Yes No |
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(3) |
Were Form 592, Form |
Yes No |
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Q |
Are any members in this LLC also LLCs or partnerships? |
Yes No |
|||
R |
Is this LLC under audit by the IRS or has it been audited in a prior year? |
Yes No |
|||
S |
Is this LLC a member or partner in another multiple member LLC or partnership? |
Yes |
No |
||
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If “Yes,” complete Schedule EO, Part I. |
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T |
Is this LLC a publicly traded partnership as deined in IRC Section 469(k)(2)? |
. . . . Yes No |
|||
U |
(1) |
Is this LLC a business entity disregarded for tax purposes? |
Yes |
No |
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(2) |
If “Yes,” see instructions and complete Side 1, Side 2, Side 3, Schedule B, Side 5, and Side 7, if applicable. Are there |
Yes |
No |
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credits or credit carryovers attributable to the disregarded entity? |
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(3) |
If “Yes” to U(1), does the disregarded entity have total income derived from or attributable to California that is less than |
. . . . Yes |
No |
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the LLC’s total income from all sources? |
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V |
Has the LLC included a Reportable Transaction, or Listed Transaction within this return? |
Yes No |
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(See instructions for deinitions). If “Yes,” complete and attach federal Form 8886 for each transaction |
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W Did this LLC ile the Federal Schedule |
Yes No |
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X |
Is this LLC a direct owner of an entity that iled a federal Schedule |
Yes No |
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Y |
Does the LLC have a beneicial interest in a trust or is it a grantor of a Trust? |
Yes |
No |
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If “Yes,” attach schedule of trusts and federal identiication numbers. |
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Z |
Does this LLC own an interest in a business entity disregarded for tax purposes? |
Yes |
No |
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If “Yes,” complete Schedule EO, Part II. |
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(CONTINUED ON SIDE 3)
Side 2 Form 568 2018
3672183
(CONTINUED FROM SIDE 2) |
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AA Is any member of the LLC related (as deined in IRC Section 267(c)(4)) to any other member of the LLC? |
. . . . . . . . . . . Yes |
No |
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BB Is any member of the LLC a trust for the beneit of any person related (as deined in IRC Section 267(c)(4)) |
. . . . . . . . . . . Yes No |
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to any other member? |
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
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CC |
(1) |
Is the LLC deferring any income from the disposition of assets? (see instructions) |
. . . . . . . . . . . Yes No |
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(2) |
. . .If “Yes,” enter the year of asset disposition |
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . . . . . . . . . |
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DD Is the LLC reporting previously deferred Income from: |
Installment Sale IRC §1031 |
IRC §1033 Other |
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(see instructions) |
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EE “Doing business as” name. See instructions: |
. . . . _____________________________________________________________________ |
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FF |
(1) |
Has this LLC operated as another entity type such as a Corporation, S Corporation, General Partnership, |
. . . . . . . . . . . Yes |
No |
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Limited Partnership, or Sole Proprietorship in the previous ive (5) years? |
(2)If “Yes”, provide prior FEIN(s) if different, business name(s), and entity type(s) for prior returns
iled with the FTB and/or IRS (see instructions): _________________________________________________________________________________
GG (1) |
Has this LLC previously operated outside California? |
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Yes No |
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(2) |
Is this the irst year of doing business in California? |
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Yes No |
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Single Member LLC Information and Consent — Complete only if the LLC is disregarded. |
Federal TIN/SSN |
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Sole Owner’s name (as shown on owner’s return) |
FEIN/CA Corp no./CA SOS File no. |
Street Address, City, State, and ZIP Code
What type of entity is the ultimate owner of this SMLLC? See instructions. Check only one box:
(1) Individual |
(2) C Corporation |
(3) |
(4) Estate/Trust (5) Exempt Organization
Member’s Consent Statement: I consent to the jurisdiction of the State of California to tax my LLC income and agree to ile returns and pay tax as may be required by the Franchise Tax Board.
Signature |
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To learn about your privacy rights, how we may use your information, and the consequences for not providing the requested information, go to ftb.ca.gov/forms |
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and search for 1131. To request this notice by mail, call 800.852.5711. |
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Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and |
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belief, it is true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. |
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of authorized |
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member or |
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manager |
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Authorized member or manager’s email address (optional) |
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Paid |
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PTIN |
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preparer’s |
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Paid |
signature |
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Preparer’s |
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Firm’s FEIN |
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Use Only |
Firm’s name (or yours, |
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Telephone |
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and address |
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May the FTB discuss this return with the preparer shown above (see instructions)?. . . . . . . . . . Yes No
3673183
Form 568 2018 Side 3
Schedule A Cost of Goods Sold
1 Inventory at beginning of year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 Purchases less cost of items withdrawn for personal use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Cost of labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Additional IRC Section 263A costs. Attach schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Other costs. Attach schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Total. Add line 1 through line 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Inventory at end of year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Cost of goods sold. Subtract line 7 from line 6. Enter here and on Schedule B, line 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1 |
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9a Check all methods used for valuing closing inventory:
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(1) Cost |
(2) Lower of cost or market as described in Treas. Reg. Section |
(3) Write down of “subnormal” goods as |
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described in Treas. Reg. Section |
(4) Other. Specify method used and attach explanation ___________________________ |
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b |
Check this box if the LIFO inventory method was adopted this taxable year for any goods. If checked, attach federal Form 970 |
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c |
Do the rules of IRC Section 263A (with respect to property produced or acquired for resale) apply to the LLC? |
Yes No |
dWas there any change (other than for IRC Section 263A purposes) in determining quantities, cost, or valuations between opening
and closing inventory? If “Yes,” attach explanation |
Yes No |
Schedule B Income and Deductions
Caution: Include only trade or business income and expenses on line 1a through line 22 below. See the instructions for more information.
Income
Deductions
1 |
. . . . .a Gross receipts or sales $ ____________ b Less returns and allowances $ ____________ . |
c Balance |
1c |
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2 |
Cost of goods sold (Schedule A, line 8) |
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3 |
GROSS PROFIT. Subtract line 2 from line 1c |
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4 |
Total ordinary income from other LLCs, partnerships, and iduciaries. Attach schedule |
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5 |
Total ordinary loss from other LLCs, partnerships, and iduciaries. Attach schedule |
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6 |
Total farm proit. Attach federal Schedule F (Form 1040) |
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6 |
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7 |
Total farm loss. Attach federal Schedule F (Form 1040) |
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8 |
Total gains included on Schedule |
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8 |
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9 |
Total losses included on Schedule |
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9 |
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10 |
Other income. Attach schedule |
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10 |
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11 |
Other loss. Attach schedule |
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11 |
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12 |
Total income (loss). Combine line 3 through line 11 |
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13 |
Salaries and wages (other than to members) |
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14 |
Guaranteed payments to members |
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15 |
Bad debts |
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15 |
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16 |
Deductible interest expense not claimed elsewhere on return |
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17 |
a Depreciation and amortization. Attach form FTB 3885L $ _________________ |
c Balance |
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b Less depreciation reported on Schedule A and elsewhere on return $ _________________ |
17c |
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18 |
Depletion. Do not deduct oil and gas depletion |
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18 |
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19 |
Retirement plans, etc |
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20 |
Employee beneit programs |
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Other deductions. Attach schedule |
21 |
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Total deductions. Add line 13 through line 21 |
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22 |
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23 |
Ordinary income (loss) from trade or business activities. Subtract line 22 from line 12 |
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Schedule T Nonconsenting Nonresident Members’ Tax Liability. Attach additional sheets if necessary.
(a)
Member’s name
(b)
SSN, ITIN,
or FEIN
(c)
Distributive
share of income
(d)
Tax
rate
(e)
Member’s
total tax due
(see instructions)
(f)
Amount withheld by this LLC on this member – reported on Form
(g)
Member’s
net tax due
Total the amount of tax due. Enter the total here and on Side 1, line 4. If less than zero enter |
________________ |
Side 4 Form 568 2018
3674183
Schedule K Members’ Shares of Income, Deductions, Credits, etc.
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Distributive share items |
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Amounts from |
California |
Total amounts using |
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federal K (1065) |
adjustments |
California law |
1 |
Ordinary income (loss) from trade or business activities |
1 |
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2 |
Net income (loss) from rental real estate activities. Attach federal Form 8825 |
2 |
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3 |
a Gross income (loss) from other rental activities |
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b Less expenses. Attach schedule |
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cNet income (loss) from other rental activities. Subtract line 3b
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from line 3a |
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3c |
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(Loss) |
4 |
Guaranteed payments to members |
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5 |
Interest income |
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6 |
Dividends |
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Income |
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7 |
Royalties |
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8 |
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Net |
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10 |
a |
Total gain under IRC Section 1231 (other than due to casualty or theft) . |
10a |
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b Total loss under IRC Section 1231 (other than due to casualty or theft) . |
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11 |
a |
Other portfolio income (loss). Attach schedule |
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11a |
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b Total other income. Attach schedule |
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. .c Total other loss. Attach schedule |
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12 |
Expense deduction for recovery property (IRC Section 179). Attach schedule |
12 |
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Deductions |
13 |
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. . . . . . . . .Charitable contributions. See instructions. Attach schedule |
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13a |
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Investment interest expense |
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c |
.1 Total expenditures to which IRC Section 59(e) election may apply |
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13c1 |
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2 Type of expenditures ________________________________ ____ |
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. . . . . . .d Deductions related to portfolio income |
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13d |
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e Other deductions. Attach schedule |
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15 |
a |
Withholding on LLC allocated to all members |
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15a |
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b |
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Credits |
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c Credits other than the credit shown on line 15b related to rental real |
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estate activities. Attach schedule . . |
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d |
Credits related to other rental activities. Attach schedule |
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. . . . . . . . . . . . .e Nonconsenting nonresident members’ tax paid by LLC |
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15e |
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f Other credits. Attach schedule . . . . |
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15f |
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Alternative Minimum Tax (AMT) Items |
17 |
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Depreciation adjustment on property placed in service after 1986 |
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17a |
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. . . . . . . . . . . . . . . . . . . . .b Adjusted gain or loss |
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.c Depletion (other than oil and gas) |
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. . . . . . . . . . . .d Gross income from oil, gas, and geothermal properties |
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. . . . . . . . .e Deductions allocable to oil, gas, and geothermal properties |
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17e |
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. . . . . . . . . . . . .Other alternative minimum tax items. Attach schedule |
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17f |
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18 |
a |
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18a |
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Information |
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Other |
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18b |
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19 |
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Distributions of money (cash and marketable securities) |
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Distribution of property other than money |
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20 |
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Investment income |
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Investment expenses |
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. . . . . . . . . .c Other information. See instructions |
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20c |
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21 |
a |
Total distributive income/payment items. Combine lines 1, 2, and 3c |
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Analysis |
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through 11c. From the result, subtract the sum of lines 12 through 13e. |
21a |
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members: |
Corporate |
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i. Active |
ii. Passive |
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Partnership |
Exempt Organization |
Nominee/Other |
LLC |
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b |
Analysis of |
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(b) Individual |
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(d) |
(e) |
(f) |
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Members |
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3675183
Form 568 2018 Side 5
Schedule L Balance Sheets. See the instructions for Schedule L, before completing
Schedules L,
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Beginning of taxable year |
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End of taxable year |
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Assets |
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(d) |
1 |
Cash |
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2 |
. . . . . . . . . . .a Trade notes and accounts receivable |
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b |
Less allowance for bad debts |
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3 |
Inventories |
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4 |
. . . . . . . . . . . . . . . . . . . .U.S. government obligations |
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5 |
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6 |
Other current assets. Attach schedule |
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7 |
. . . . . . . . . . . . . . . . . .Mortgage and real estate loans |
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8 |
Other investments. Attach schedule |
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9 |
. . . . . . . . .a Buildings and other depreciable assets |
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b |
Less accumulated depreciation |
( |
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a |
Depletable assets |
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b |
Less accumulated depletion |
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11 |
Land (net of any amortization) |
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12 |
. . . . . . . . . . .a Intangible assets (amortizable only) |
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b |
Less accumulated amortization |
( |
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13 |
Other assets. Attach schedule |
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14 |
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Total assets |
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Liabilities and Capital |
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15 |
Accounts payable |
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16 |
Mortgages, notes, bonds payable in less than 1 year. . |
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17 |
. . . . . . . . . . .Other current liabilities. Attach schedule |
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18 |
All nonrecourse loans |
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19 |
Mortgages, notes, bonds payable in 1 year or more |
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20 |
Other liabilities. Attach schedule |
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21 |
Members’ capital accounts |
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22 |
. . . . . . . . . . . . . . . . . . . . . .Total liabilities and capital |
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Schedule
1 Net income (loss) per books . . . . . . . . . . . . . . . . . . . . . . . .
2Income included on Schedule K, line 1 through line 11c
not recorded on books this year. Itemize . . . . . . . . . . . . . .
3 Guaranteed payments (other than health insurance) . . . . . . .
4Expenses recorded on books this year not included on Schedule K, line 1 through line 13e. Itemize:
a Depreciation |
$ ______________ |
b Travel and entertainment |
$ ______________ |
c Annual LLC tax |
$ ______________ |
d Other |
$ ______________ |
e Total. Add line 4a through line 4d. . . |
. . . . . . . . . . . . . . . |
5 Total of line 1 through line 4e |
. . . . . . . . . . . . . . . . |
6Income recorded on books this year not included on Schedule K, line 1 through line 11c. Itemize:
a |
$ ______________ |
b Other |
$ ______________ |
c Total. Add line 6a and line 6b |
. . . . . . . . . . . . . . . . |
7Deductions included on Schedule K, line 1 through line 13e
not charged against book income this year. Itemize:
a Depreciation |
$ ______________ |
b Other |
$ ______________ |
c Total. Add line 7a and line 7b |
. . . . . . . . . . . . . . . . |
8 Total. Add line 6c and line 7c |
. . . . . . . . . . . . . . . . . |
9Income (loss) (Schedule K, line 21a.) Subtract line 8 from line 5.
Schedule
1 Balance at beginning of year . . . . . . . . . . . . . . . . . . .
2Capital contributed during year
a Cash |
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b Property |
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3 Net income (loss) per books . . . . . . . . . . . . . . . . . . .
4 Other increases. Itemize. . . . . . . . . . . . . . . . . . . . . . .
5 |
Total of line 1 through line 4 |
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6 |
Distributions: a Cash |
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b Property |
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7 |
Other decreases. Itemize |
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8 |
Total of line 6 and line 7 |
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9 |
Balance at end of year. Subtract line 8 from line 5 . . . |
|
Schedule O Amounts from Liquidation used to Capitalize a Limited Liability Company. (Complete only if initial return box is checked on Side 1, Question H.)
Name of entity liquidated (if more than one, attach a schedule) _____________________________________________________________________________
Type of entity: (1) C Corporation (2) S Corporation |
(3) Partnership (4) Limited Partnership (5) Sole Proprietor (6) Farmer |
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Entity identiication number(s): FEIN __________________ SSN or ITIN __________________ CA Corp. No. _________________ CA SOS File No. |
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Amount of liquidation gains recognized to capitalize the LLC . . |
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ___________________ |
Side 6 Form 568 2018
3676183
Schedule IW Limited Liability Company (LLC) Income Worksheet
Enter your California income amounts on the worksheet. All amounts entered must be assigned for California law differences. Use only amounts that are from sources derived from or attributable to California when completing lines
See instructions on page 13 and page 14 of the Form 568 Booklet for more information on how to complete Schedule IW.
1 a |
Total California income from Form 568, Schedule B, line 3. See instructions |
b |
Enter the California cost of goods sold from Form 568, Schedule B, line 2 and from federal |
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Schedule F (Form 1040) (plus California adjustments) associated with the receipts assigned to |
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California on lines 1a and 4 |
1a
1b
2a If the answer to Question U(1) on Form 568 Side 2, is “Yes”, include the gross income of this
disregarded entity that is not included in lines 1 and 8 through 16 |
2a |
bEnter the cost of goods sold of disregarded entities associated with the receipts assigned to
California on line 2a |
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2b |
3 a LLC’s distributive share of ordinary income from |
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3a |
bEnter the LLC’s distributive share of cost of goods sold from other
Table 3, line 1a) |
3b |
cEnter the LLC’s distributive share of deductions from other
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the receipt assigned to California on line 3a (see Schedule |
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3c |
4 |
Add gross farm income from federal Schedule F (Form 1040). Use California amounts |
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4 |
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5 |
Enter the total of other income (not loss) from Form 568, Schedule B, line 10 |
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5 |
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6 |
Enter the total gains (not losses) from Form 568, Schedule B, line 8 |
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6 |
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7 |
Add line 1a through line 6 |
. . . |
. . . . . . . . . . . . . . . 7 |
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8 |
California rental real estate |
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a |
Enter the total gross rents from federal Form 8825, line 18a |
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8a |
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b |
Enter the total gross rents from all Schedule |
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8b |
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c |
Add line 8a and line 8b |
. . . |
. . . . . . . . . . . . . . . 8c |
9 |
Other California rentals. |
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a |
Enter the amount from Schedule K (568), line 3a |
9a |
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b |
Enter the amount from all Schedule |
9b |
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c |
Add lines 9a and 9b |
. . . |
. . . . . . . . . . . . . . . 9c |
10 |
California interest. Enter the amount from Form 568, Schedule K, line 5 |
. . . |
. . . . . . . . . . . . . . . 10 |
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11 |
California dividends. Enter the amount from Form 568, Schedule K, line 6 |
. . . |
. . . . . . . . . . . . . . . 11 |
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12 |
California royalties. Enter the amount from Form 568, Schedule K, line 7 |
. . . |
. . . . . . . . . . . . . . . 12 |
13California capital gains. Enter the capital gains (not losses) included in the amounts from Form 568,
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Schedule K, lines 8 and 9 |
13 |
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14 |
California 1231 gains. Enter the amount of total gains (not losses) from Form 568, Schedule K, line 10a |
14 |
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15 |
Other California portfolio income (not loss). Enter the amount from Form 568, Schedule K, line 11a |
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15 |
16 |
Other California income (not loss) not included in line 5. Enter the amount from Form 568, Schedule K, line 11b |
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16 |
17Total California income. Add lines 7, 8c, 9c, 10, 11, 12, 13, 14, 15, and 16. Line 17 may not be a negative number.
Enter here and on Form 568, Side 1, line 1. If less than zero enter |
17 |
3677183
Form 568 2018 Side 7
THIS PAGE INTENTIONALLY LEFT BLANK
Visit our website:
ftb.ca.gov
Page 32 Form 568 Booklet 2018
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TAXABLE YEAR |
Member’s Share of Income, |
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CALIFORNIA SCHEDULE |
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2018 Deductions, Credits, etc. |
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For calendar year 2018 or iscal year beginning
(m m / d d / y y y y)
and ending
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(m m / d d / y y y y)
Member’s name |
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Member’s identifying number |
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LLC’s FEIN |
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California Secretary of State ile number |
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LLC’s name |
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A What type of entity is this member? |
See instructions. |
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(1) |
Individual |
(4) |
C Corporation |
(7) |
LLP |
(10) |
Exempt Organization |
(2) |
S Corporation |
(5) |
General Partnership |
(8) |
LLC |
(11) |
Disregarded Entity |
(3) |
Estate/Trust |
(6) |
Limited Partnership |
(9) |
IRA/Keogh/SEP |
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B Is this member a foreign member? . |
. . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . |
. . . . . . . . . . . . . . . . . . . . . . . |
. . . . |
. . . . . . . . . . . Yes No |
||
C Enter member’s percentage (without regard to special allocations) of: |
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(i) Beginning |
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(ii) Ending |
Proit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
DMember’s share of liabilities:
Nonrecourse. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Qualiied nonrecourse inancing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Recourse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
EReportable transaction or tax shelter registration number(s)
.
.
.
(i) Beginning
.
.
.
%
%
%
00
00
00
$ $ $
.
.
.
(ii) Ending
%
%
%
.00
.00
.00
F |
(1) |
Check here if this is a publicly traded partnership as deined in IRC Section 469(k)(2) |
. . . . . . . . . . . . |
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(2) |
Check here if this is an investment partnership (R&TC Sections 17955 and 23040.1) |
. . . . . . . . . . . . |
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G |
Check here if this is: (1) A inal Schedule |
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H |
Is this member a resident of California? |
Yes No |
For Privacy Notice, get FTB 1131 ENG/SP.
7901183
Schedule
Member’s name |
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Member’s identifying number |
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IAnalysis of member’s capital account: Check the box (1) Tax Basis (2) GAAP (3) IRC Section 704(b) Book (4) Other (explain)
(a) |
(b) |
(c) |
(d) |
(e) |
Capital account at beginning of year |
Capital contributed during year |
Member’s share of line 3, line 4, and |
Withdrawals and distributions |
Capital account at end of year, |
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line 7 Form 568, Schedule |
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combine column (a) through column (d) |
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( |
) |
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Caution: Refer to Member’s Instructions for Schedule |
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(a) |
(b) |
(c) |
(d) |
(e) |
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Distributive share items |
Amounts from |
California adjustments |
Total amounts using |
California |
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federal Schedule |
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California law. Combine |
source amounts |
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(1065) |
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col. (b) and col. (c) |
and credits |
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1 |
Ordinary income (loss) from trade or |
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business activities |
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2 |
Net income (loss) from rental real |
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estate activities |
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3 |
Net income (loss) from other rental activities |
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4 |
Guaranteed payments to members |
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5 |
Interest income |
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(Loss) |
6 |
Dividends |
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7 |
Royalties |
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Income |
8 |
Net |
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9 |
Net |
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10 a Total gain under IRC Section 1231 |
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(other than due to casualty or theft) |
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b Total loss under IRC Section 1231 |
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(other than due to casualty or theft) |
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11 a Other portfolio income (loss). Attach schedule |
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b Total other income. Attach schedule |
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c Total other loss. Attach schedule |
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12 |
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13 a Charitable contributions |
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b Investment interest expense |
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Section 59(e) election may apply |
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Type of expenditures ________________. |
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d Deductions related to portfolio income |
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Attach schedule |
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e Other deductions. Attach schedule |
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Side 2 Schedule
7902183
Member’s name |
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Member’s identifying number |
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Credits
Information Distributions ExpensesAlternative Minimum Tax (AMT) Items
OtherTaxand-exemptNondeductibleIncome
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(a) |
(b) |
(c) |
(d) |
(e) |
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Distributive share items |
Amounts from federal |
California adjustments |
Total amounts using |
California |
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Schedule |
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California law. Combine |
source amounts |
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col. (b) and col. (c) |
and credits |
15 a |
Total withholding (equals amount on |
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Form |
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b |
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c |
Credits other than line 15b related to rental |
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d |
real estate activities. Attach schedule |
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Credits related to other rental activities. |
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Attach schedule |
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e |
Nonconsenting nonresident member’s tax |
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paid by LLC |
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f |
Other credits – Attach required schedules |
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or statements |
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17 a |
Depreciation adjustment on property placed |
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in service after 1986 |
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b |
Adjusted gain or loss |
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c |
Depletion (other than oil & gas) |
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d |
Gross income from oil, gas, and |
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e |
geothermal properties |
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Deductions allocable to oil, gas, and |
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f |
geothermal properties |
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Other alternative minimum tax items. |
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Attach schedule |
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18 a |
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b |
Other |
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c |
Nondeductible expenses |
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19 a |
Distributions of money (cash and |
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marketable securities) |
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Distributions of property other than money . . |
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20 a |
Investment income |
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Investment expenses |
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Other information. See instructions |
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7903183
Schedule
Member’s nameMember’s identifying number
Other Member Information
Table 1 — Member’s share of nonbusiness income from intangibles (source of income is dependent on residence or commercial domicile of
the member): |
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Interest . . . . |
$ |
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Sec. 1231 Gains/Losses |
$ |
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Capital Gains/Losses |
$ |
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Dividends . . |
$ |
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Royalties |
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Other. . . . |
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FOR USE BY MEMBERS ONLY – See instructions. |
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Table 2 — Member’s share of distributive items. |
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A. Member’s share of the LLC’s business income. See instructions. $ |
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B. Member’s share of nonbusiness income from real and tangible personal property sourced or allocable to California. |
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Capital Gains/Losses. |
. . . . $ |
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Rents/Royalties . |
. . . . . .$ |
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Sec. 1231 Gains/Losses. |
. . . . $ |
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Other |
. . . . . .$ |
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C. Member’s distributive share of the LLC’s property, payroll, and sales: |
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Factors |
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Total within and outside California |
Total within California |
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Property: Beginning . . . . . . . . . . . . . . . . . . . . $
$
Property: Ending . . . . . . . . . . . . . . . . . . . . . . . $
$
Property: Annual rent expense . . . . . . . . . . . . $
$
Payroll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
$
Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
$
Side 4 Schedule
7904183
2018 Member’s Instructions for Schedule
References in these instructions are to the Internal Revenue Code (IRC) as of January 1, 2015, and to the California Revenue and Taxation Code (R&TC).
What’s New
Federal Tax Reform – The Tax Cuts and Jobs Act (TCJA) signed into law on December 22, 2017, made changes to the Internal Revenue Code (IRC). In general, California Revenue and Taxation Code (R&TC) does not conform to the changes. California taxpayers continue to follow the IRC as of the speciied date of January 1, 2015, with modiications.
New Deduction for
adds IRC Sec. 199A, “Qualiied Business Income,” under which a
General Information
In general, for taxable years beginning on or after January 1, 2015, California law conforms to the IRC as of January 1, 2015. However, there are continuing differences between California and federal law.
When California conforms to federal tax law changes, we do not always adopt all of the changes made at the federal level. For more information, go to ftb.ca.gov and search for conformity. Additional information can be found in FTB Pub. 1001, Supplemental Guidelines to California Adjustments, the instructions for California Schedule CA (540 or 540NR), and the Business Entity tax booklets.
The instructions provided with California tax forms are a summary of California tax law and are only intended to aid taxpayers in preparing their state income tax returns. We include information that is most useful to the greatest number of taxpayers in the limited space available. It is not possible to include all requirements of the R&TC in the instructions. Taxpayers should not consider the instructions as authoritative law.
California follows the revised federal instructions (with some exceptions) for reporting the sale, exchange or disposition of an asset for which an IRC Section 179 expense was claimed in a prior year by a partnership, limited liability company (LLC), or S corporation.
Members should follow federal reporting requirements as detailed in federal Form 1065, U.S. Return of Partnership Income, and federal Form 4797, Sales of Business Property.
Market Assignment – R&TC Section 25136 requires all taxpayers to assign sales, other than sales of tangible personal property, using market assignment. For more information, get Schedule R or go to ftb.ca.gov and search for market assignment.
APurpose
An LLC that has elected to be treated as a partnership for tax purposes uses Schedule
As a member of the LLC, you are subject to tax on your distributive share of the LLC income, whether or not distributed.
The amount of loss and deduction you are allowed to claim on your California tax return may be less than the amount reported on Schedule
You should also read the federal Schedule
For additional information on the treatment of LLC income, deductions, credits, etc., get the following federal publications:
•Publication 541, Partnerships
•Publication 535, Business Expenses
Any information returns required for federal purposes under IRC Sections 6038, 6038A, 6038B, and 6038D are also required for California purposes. Attach the information returns to your California return when iled. If the information returns are not provided, penalties may be imposed under R&TC Sections 19141.2 and 19141.5.
BDefinitions
Member
An individual or entity owning an interest in the LLC whose potential personal liability for LLC debts is limited to the amount of money or other property that the member contributed or is required to contribute to the LLC.
Federal and California law allows spouses that are the sole owners of an eligible business entity (including an LLC) to be treated as two owners or one owner, for purposes of applying rules to determine the classiication of that entity for tax purposes. If the spouses elect to be a single owner, the LLC could be disregarded as a separate entity but may not be classiied as a partnership. Similarly, if the spouses elect to be two owners, the entity may be classiied as a partnership but cannot be disregarded as a separate entity. This election is not available to Registered Domestic Partners (RDPs). For more information on RDPs, get FTB Pub. 737, Tax Information for Registered Domestic Partners.
Nonrecourse Loans
Liabilities of the LLC for which none of the members have assumed any personal liability.
Qualiied Nonrecourse Financing
Any inancing for which no one is personally liable for repayment that is borrowed for use in an activity of holding real property and that is loaned or guaranteed by a federal, state, or local government, or borrowed from a “qualiied person.”
California Business Situs
The place at which intangible personal property is employed as capital in California or the possession and control of the property is localized in connection with a business in California so that its substantial use and value attach to and become an asset of the business in California.
Apportionment
The process by which business income from a trade or business is conducted in two or more states (an apportioning trade or business) is divided between taxing jurisdictions. Get Schedule R for more information.
Unitary
A method of taxation by which all of the activities comprising a single trade or business are viewed as a single unit, regardless of whether those activities are conducted by divisions of a single entity or by commonly owned or controlled entities. For more information about unitary business principles, get FTB Pub. 1061, Guidelines for Corporations Filing a Combined Report.
Schedule
Election
The ability to choose a particular accounting method for tax reporting purposes. Generally, the LLC decides how to compute taxable income from its operations. For example, it chooses the accounting method and depreciation methods it will use.
However, certain elections are made separately on your California tax return and not by the LLC. These elections are made under the following IRC Sections, to which the R&TC conforms:
•IRC Section 108(b)(5) (income from discharge of indebtedness).
•IRC Section 617 (deduction and recapture of certain mining exploration expenditures, paid or incurred).
CReporting Information from Columns (d) and (e)
If the LLC derives income from activities conducted both within and outside California, the LLC is an apportioning LLC. All LLCs (apportioning and nonapportioning) should complete columns (c) and (d). Apportioning LLCs must also complete column (e). The apportioning LLC will determine which items of income constitute business or nonbusiness income and will use Schedule R to determine the LLC income from California sources. The LLC business income apportioned to California are entered in column (e). LLC nonbusiness income from real and tangible property will also be entered in column (e). Nonbusiness intangibles are sourced or allocated at
the member level and must be entered on Table 1 instead. For more information, see General Information D, Nonbusiness Income, and General Information E, Unitary Members. Resident members will use only the information in column (c) and column (d) to report their share of the LLC’s income or loss.
Nonresident, corporate, and other entity members must report their distributive share of income, loss or credits apportioned or allocated to California as indicated on Schedule
Residents,
Nonapportioning LLCs do not need to ill out column (e) on Schedule
Inconsistent Treatment of Items
Generally, members must report tax items shown on their Schedule
DNonbusiness Income
The determination of whether LLC income is business income or nonbusiness income is made at the LLC level. Nonbusiness income from real or tangible personal property located in California, such as rents, royalties, gains, or losses is California source income (Cal. Code Regs., tit. 18 section
If the LLC has income from nonbusiness intangibles, the source of that nonbusiness intangible income will be determined at the member level. In most cases, income from nonbusiness intangible property is sourced at the residence or commercial domicile of the member. If the member is an individual, estate, or trust, income from nonbusiness intangibles will have a California source if the intangible has acquired a California business situs. For example, a nonresident pledges stocks, bonds, or other intangible personal property in California. This pledge is security for the payment of debt, taxes, or other liabilities incurred for a business in this state. The pledged property will acquire a business situs in California. Another example is a nonresident who maintains an ofice and bank account in California for the business activities in this state. The bank account will acquire a business situs in California. See Cal. Code Regs., tit. 18 section
If the member is a corporation or another business entity, Cal. Code Regs., tit. 18 sections
Because the source of intangible nonbusiness income is dependent upon the status of the individual member, that income is not included in column (e) and is entered only in Table 1. The member must determine the source of such income by applying the rules described above.
EUnitary Members
The rules discussed below apply to corporations, individuals, and other entities that conduct a trade or business that is unitary with the LLC’s trade or business (see Cal. Code Regs., tit. 18 section
Unitary members cannot use the California source information relected in column (e). Such members must use the information in Tables 1 and 2 as described in the instructions that follow, and in the Line Instructions.
The member’s distributive share of LLC items is determined by applying the rules in R&TC Sections 17851 through 17858. The determination of the portion of the distributive share of business and nonbusiness income that has its source in California or that is includible in the member’s business income subject to apportionment is made in accordance with Cal. Code Regs., tit. 18 section
or both, have income from sources within and outside this state. The member, in computing net income for its tax accounting period, must include its distributive share of LLC items referred to above for any LLC taxable year ending within or with the member’s tax accounting period.
Distributive Items of Business Income
Apportionment of Business Income – Unitary Business
If the LLC’s activities and the member’s activities constitute a unitary business under established standards (other than ownership requirements), the combined business income of this single trade or business apportioned to California is determined by combining the member’s distributive share of the LLC’s apportionment factors with the factors of the member for any LLC year ending within the member’s tax accounting period. Combined business income is then apportioned by the sales factor. Use of a
If you are a member that is unitary with the LLC, use Table 2 to compute your factors, applying the rules shown below (see Cal. Code Regs.,
tit. 18 sections 25129 to 25137 for examples). Members that are unitary with the LLC should perform the following steps:
1.Combine your distributive share of the LLC’s business income with your own business income to determine total business income.
Page 38 Schedule
2.If using the
3.Apply the apportionment factor determined in Step 2 to the total business income determined in Step 1 to arrive at business income apportioned to this state.
Unitary Member’s Computation of the Sales Factor
Compute the numerator and denominator of the sales factor in accordance with Cal. Code Regs., tit. 18 sections 25134 to 25136. Apply the following special rules:
A.Include in the denominator of the sales factor your distributive share of the LLC’s sales that give rise to business income. See Table 2, Part C.
B.Include in the numerator of your sales factor the amount of such sales described in part A attributable to California.
C.Eliminate intercompany sales as one of the following:
•Sales by the member to the LLC to the extent of the member’s interest in the LLC.
•Sales by the LLC to the member not to exceed the member’s interest in all LLC sales. See Cal. Code Regs., tit. 18 section
Unitary Member’s Computation of Property Factor
Use Schedule R to compute the numerator and the denominator of the property factor. Adjust factors in accordance with Cal. Code Regs., tit. 18 sections 25129, 25130, and 25131. Also apply the following special rules:
A.Include in the denominator of your property factor your distributive share of the LLC’s beginning and ending balances of real and tangible personal property owned (if rented, multiply net annual rents paid, by 8) and used during the tax accounting period in the regular course of business. See Table 2, Part C.
B.Include in the numerator of your property factor the value of such property that is described in part A (above) that is located in California. See Table 2, Part C.
C.See Cal. Code Regs., tit. 18 section
Unitary Member’s Computation of Payroll Factor
Use Schedule R to compute the numerator and the denominator of the payroll factor in accordance with Cal. Code Regs., tit. 18 sections 25132 and 25133. Apply the following special rules:
A.Include in the denominator of your payroll factor your distributive share of the LLC’s payroll used to produce business income. See Table 2, Part C.
B.Include in the numerator any such payroll described in part A (above) that is applicable to California. See Table 2, Part C.
Apportionment of Business Income – Nonunitary Business
If the apportioning trade or business conducted by a partner is not unitary with the apportioning trade or business of the partnership, the partnership apportions its business income separately, using Schedules R,
Distributive Items of Nonbusiness Income for a Unitary Member
Income in Table 2, Part B, is from a California source under R&TC Sections 25124 and 25125. Unitary members must make certain to separately include such items from Tables 1 and 2 as California source income. Unitary members shall use Tables 1 and 2 to report nonbusiness income instead of Schedule
Instructions
Questions and Items
The LLC completes the questions and items on each Schedule
Schedule
Important Note to Members: If your Schedule
If your return is ever examined, you may be required to provide your computations and the supporting documents for your membership interest.
If you are an individual member, the amounts in column (c), California adjustments, and column (d), Total amounts using California law, that are from nonpassive activities must be reported on the appropriate California form or schedule; such as, Schedule D (540), California Capital Gain or Loss Adjustment, Schedule
or Schedule CA (540NR), California Adjustments – Nonresidents or
Amounts in column (e), California source amounts and credits, that are from passive activities must be reported on form FTB 3801, Passive Activity Loss Limitations, form FTB
If you are not an individual member, report the amounts as instructed on your California tax return.
If you have losses, deductions, credits, etc., from a prior year that were not deductible or usable because of certain limitations they may be taken into account in determining your net income, loss, etc., for this year. However, do not combine the
Loss Limitations
The amounts shown on line 1 through line 3 of your Schedule
•Basis limitations (IRC Section 704)
•
•Passive activity loss and credit limitations (IRC Section 469)
Each of these limitations is discussed separately in the following instructions.
Other limitations may apply to speciic deductions such as the investment interest expense deduction. These limitations on speciic deductions generally apply before the basis,
Basis Rules
Generally, California tax law conforms to federal tax law concerning basis limitation. You may not claim your share of an LLC loss (including a capital loss) that is greater than the adjusted basis of your LLC interest at the end of the LLC’s taxable year.
Schedule
The LLC is not responsible for keeping the information needed to compute the basis of your LLC interest. Although the LLC does provide you with an analysis of the changes to your capital account on your Schedule
You can compute the basis of your LLC interest by adding items that increase your basis and then subtracting items that decrease your basis.
Items that increase your basis may include the following:
•Money and the adjusted basis of property you contributed to the LLC.
•Your distributive share of the LLC’s income.
•Your distributive share of the increase in the liabilities of the LLC (and/or your individual liabilities caused by your assumption of LLC liabilities).
Items that decrease your basis, but not below zero, may include the following:
•Money and the adjusted basis of property distributed to you.
•Your share of the LLC’s losses.
•Your share of the decrease in the liabilities of the LLC (and/or your individual liabilities assumed by the LLC).
This is not a complete list of items and factors that determine basis. Get federal Publication 541, for a complete discussion of how to determine the basis of your LLC interest.
The
If you have: (1) a loss or other deduction from an activity carried on as a trade or business or for the production of income by the LLC; and
(2)amounts in the activity for which you are not
See the instructions for federal Schedule
Passive Activity Loss and Credit Rules
IRC Section 469 limits the deduction of certain losses and credits. California law generally conforms to this federal provision. These rules apply to members who have a passive activity loss or credit for the taxable year.
For California purposes, passive loss limitations apply to individuals, estates, trusts (other than grantor trusts), closely held corporations, and S corporations.
Even though the passive loss rules do not apply to grantor trusts, partnerships, and LLCs, they do apply to the owners of these entities.
A passive activity is generally a trade or business activity in which the member does not materially participate or a rental real estate activity in which the member does not actively participate. An LLC may have more than one activity. Each member must apply the passive activity loss and credit limitations on an
Individuals, estates, trusts, and S corporations must complete form FTB 3801 to calculate the allowable passive losses and form FTB
The amounts reported on Schedule
The passive loss rules apply to the items attributable to each publicly traded partnership (PTP) that is not treated as a corporation under IRC Section 7704. Thus, members who do not materially participate in the operations of a PTP are allowed to deduct their share of the PTP’s losses only to the extent of passive income from the same PTP or when the entire interest is sold (IRC Section 469(k)). See the instructions for form FTB 3801 and form FTB 3802 for rules to calculate and report income, gains, and losses from passive activities that you held through each PTP you owned during the taxable year.
See the instructions for federal Schedule
Investment Partnership Income
If you are a nonresident individual, the amounts in column (e) will generally not be taxable by California (R&TC Section 17955). However, nonresident individuals will be taxed on their distributive share of California source income from an LLC that is an investment partnership if the income from the qualifying investment securities is interrelated with:
•Any other business activity of the nonresident member.
•Any other entity in which the nonresident member owns an interest that is separate and distinct from the investment activity of the LLC and that is conducted in California.
If you are a corporate member, the amounts in column (e) will generally not be taxable in California provided the income from the LLC is the corporation’s only California source income. However, if the corporation does either of the following:
•Participates in the management of the investment activities of the LLC or is engaged in a unitary business with another corporation or partnership that participates in the management of the investment activities of the LLC.
•Has income attributable to sources within California other than income from the investment partnership.
Then the corporation will be taxable on its distributive share of California source income of the LLC. See R&TC Section 23040.1 for more information.
Line Instructions
Enter the difference between federal and California amounts from column (c) on Schedule CA (540) if you are a resident or on Schedule CA (540NR) if you are a nonresident or
F(1) – If this box is checked, the LLC is a PTP as deined in IRC Section 469(k)(2). Follow the instructions for form FTB 3801 or form FTB 3802 for reporting income, gains, and losses from PTPs.
F(2) – If this box is checked, the LLC qualiies as an investment partnership as deined in R&TC Sections 17955 and 23040.1. If you are a nonresident individual, the amounts in column (e) will generally not be taxable in California.
Nonresident and
The line instructions below that instruct you to enter information from Schedule
Page 40 Schedule
Income (Loss)
Line 1 – Ordinary Income (Loss) from Trade or Business Activities
The amount reported on line 1, column (d), is your share of the ordinary income (loss) from the trade or business activities of the LLC. For individual members, where this amount is reported depends on whether or not this amount is a passive activity.
If, in addition to this passive activity income, you have a passive activity loss from this LLC or from any other source, report the income on form FTB 3801 or form FTB 3802. If a loss is reported on line 1, column (d), report the loss on the applicable line of form FTB 3801 or form FTB 3802 to determine how much of the loss is allowable.
If the LLC income is from activities both within and outside California, the amount nonresidents or corporate members must report on their California return is a function of the LLC’s apportionment percentage and allocation of income. Reporting instructions are included in
the information provided by the LLC. See Cal. Code Regs., tit. 18 sections
Line 2 – Net Income (Loss) from Rental Real Estate Activities
Generally, the income (loss) reported on line 2, column (d), is a passive activity amount to all members. However, the loss limitations of IRC Section 469 do not apply to qualiied investors in qualiied
Use the following instructions to determine where to enter the line 2 amount.
•If you have a loss on line 2, column (d) (other than a qualiied
See the federal Schedule
Report any California adjustment amount from column (c) on Schedule CA (540 or 540NR) if you are a qualiied investor reporting a qualiied
•If you have only income on line 2, column (d), and no other passive losses, enter any California adjustment amount from column (c) on Schedule CA (540 or 540NR). However, if in addition to this passive activity income, you have a passive activity loss from this LLC or from any other source, report the line 2, column (d), income on the applicable line of form FTB 3801 or form FTB 3802.
Line 3 – Net Income (Loss) from Other Rental Activities
The amount on line 3, column (d) is a passive activity amount for all members.
•If line 3, column (d) is a loss, report the loss on the applicable line of form FTB 3801 or form FTB 3802.
•If only income is reported on line 3, column (d), and you have no other passive losses, report the California adjustment from column (c) on Schedule CA (540 or 540NR). However, if in addition to this passive activity income, you have a passive activity loss from this LLC or from any other source, report the line 3 income on the applicable line of form FTB 3801 or form FTB 3802.
Line 4 – Guaranteed Payments to Members
Amounts on this line are not normally part of a passive activity. If there is an amount on Schedule
must also complete the passive activity form. Use federal Form 8582, Passive Activity Loss Limitations, for federal purposes and form FTB 3801 for California purposes.
Line 5 through Line 11a – Portfolio Income
Portfolio income (loss), referred to as “portfolio” income (loss) in these instructions, is generally not subject to the passive activity limitations of IRC Section 469. Portfolio income includes interest, dividend, royalty income and gain or loss on the sale of property held for investment. Generally, amounts reported on line 8, line 9, and line 11a, are gains or losses attributable to the disposition of property held for investment and are, therefore, classiied as portfolio income (loss). However, if an amount reported on line 8, line 9, or line 11a, column (d), is a passive activity amount, the LLC should identify the amount.
Line 5 – Interest Income
If you have an amount on Schedule
Line 6 – Dividends
If you have an amount on Schedule
Line 7 – Royalties
If you have an amount reported on Schedule
Line 8 and Line 9 – Net
If you have an amount on Schedule
Line 10a and Line 10b – Total Gain and Total Loss under IRC Section 1231 (Other Than Due to Casualty or Theft)
If the amounts on line 10a and line 10b relate to rental activity, the IRC Section 1231 gain (loss) is a passive activity amount. If the amounts on line 10a and line 10b relate to a trade or business activity and you are a limited partner, the IRC Section 1231 gain (loss) is a passive activity amount.
•If the amount is not a passive activity amount report it on Schedule
•If a gain is reported on line 10a, column (d), and it is a passive activity amount report the gain on Schedule
•If a loss is reported on line 10b, column (d), and it is a passive activity amount, get form FTB 3801 to determine if your loss is limited.
Line 11a – Other Portfolio Income (Loss)
The LLC uses line 11a, column (d), to report portfolio income other than interest, dividend, royalty, and capital gain (loss) income. The LLC should attach a schedule to Schedule
If the LLC has a residual interest in a REMIC, it will report your share of REMIC taxable income (net loss) on the schedule. Report the adjustment amount from column (c) on Schedule CA (540 or 540NR). The LLC
will also report your share of “excess inclusion” and your share of IRC Section 212 expenses.
For taxable years beginning after December 31, 2017, and before January 1, 2026, the federal deduction for miscellaneous itemized deductions subject to the 2% loor is suspended. California does not conform. You may deduct these IRC Section 212 expenses as a miscellaneous deduction for California purposes.
Schedule
Line 11b and Line 11c – Total Other Income and Total Other Loss
Amounts reported on these lines are other items of income (loss) not included on line 1 through line 11a. The LLC should give you a description for each of these items.
Use the following instructions to:
•Report income or gain (not losses) from passive activities.
•Report income, gain, or losses from all other passive activities.
If you have losses from passive activities, or a combination of income, gains, and losses from passive activities, you must irst complete form FTB 3801 or form FTB 3802 to determine if any of your losses are limited by the passive loss rules. Use the instructions below to report passive income and losses after the passive loss limitations have been computed.
Line 11b and line 11c items may include:
•LLC gains from disposition of farm recapture property (get Schedule
•Recoveries of bad debts, prior taxes, and delinquency amounts (IRC Section 111). Report the amounts from line 11b and line 11c, column (c), on Schedule CA (540), Part I, line 21f, or on Schedule CA (540NR), Part II, line 21f, column B or column C, whichever is applicable.
•Gains and losses from wagering (IRC Section 165(d)). Report the amounts from line 11b and line 11c, column (c), on Schedule CA (540), Part I, line 21f, or on Schedule CA (540NR), Part II, line 21f, column B or column C, whichever is applicable.
•Any income, gain, or loss to the LLC under IRC Section 751. Report this amount on Schedule
•Specially allocated ordinary gain or loss. Report this amount on Schedule
•Net gain or loss from involuntary conversions due to casualty or theft. The LLC will provide a schedule that shows the California amounts to be entered on federal Form 4684, Casualties and Thefts, Section B, Part II, line 34, column (b)(i), column (b)(ii), and column (c).
•Other income (loss) including involuntary conversions,
IRC Section 1256 contracts & straddles, and mining exploration costs.
Deductions
Line 12 – Expense Deduction for Recovery Property
For California, the maximum amount of expense deduction for recovery property (IRC Section 179 deduction) that you can claim for all sources is $25,000. The $25,000 limit is reduced if the total cost of IRC Section 179 property placed in service during the year exceeds $200,000.
California does not conform to the federal limitation amounts.
The LLC will provide information on your share of the IRC Section 179 deduction and of the cost of the LLC’s IRC Section 179 property so that you can compute this limitation. Your IRC Section 179 deduction is also limited to your taxable income from all of your trades or businesses. Get form FTB 3885A, Depreciation and Amortization Adjustments, and get federal Publication 534, Depreciating Property Placed In Service Before 1987, and federal Publication 946, How to Depreciate Property, for more information.
If the IRC Section 179 deduction is a passive activity amount, report it on the applicable line of form FTB 3801. If it is not a passive activity amount and there is an amount on Schedule
Line 13a – Charitable Contributions
The LLC will provide a schedule that shows which contributions were subject to the 50%, 30%, and 20% limitations. See the instructions for federal Form 1040, U.S. Individual Income Tax Return, and federal Publication 526, Charitable Contributions, for more information.
For taxable years beginning after December 31, 2017, and before January 1, 2026, the 50% limitation under IRC Section 170(b) for cash contributions to public charities and certain private foundations is increased to 60% for federal purposes. California does not conform. The limitation for California is 50%.
California has not conformed to any of the provisions of the Katrina Emergency Relief Act of 2005.
If there is an amount on Schedule
Line 13b – Investment Interest Expense
If the LLC paid or accrued interest debts it incurred to buy or hold investment property, the amount of interest you can deduct may be limited. For more information and the special provisions that apply to investment interest expense, get form FTB 3526, Investment Interest Expense Deduction, and federal Publication 550, Investment Income and Expenses.
Enter the amount from column (d) on form FTB 3526 along with your investment interest expense from any other sources. Form FTB 3526 will help you determine how much of your total investment interest is deductible.
Line 13c – IRC Section 59(e) Expenditures
If you have an amount on Schedule
Line 13d – Deductions Related to Portfolio Income
Amounts entered on this line are the deductions that are clearly and directly allocable to portfolio income (other than investment interest expense and expenses from a REMIC). If you have an amount on Schedule
If any of the line 13d amounts should not be reported on Schedule CA (540 or 540NR), the LLC should identify these amounts.
Line 13e – Other Deductions
Amounts on this line are deductions not included on lines 12, 13a through 13d. If there is an amount on Schedule
See the instructions for federal Schedule
Line 14
The information reported in box 14 of the federal Schedule
Credits
If you have credits that are passive activity credits, complete form
FTB
Line 15a – Total Withholding
Total withholding is the sum of your distributive share of withholding on payments to the LLC by another entity, (allocated to all members according to their respective LLC interests), taxes withheld on you
Page 42 Schedule
by the LLC, or backup withholding on you as a domestic or foreign nonresident member. If taxes were allocated to you or withheld on you by the LLC, the LLC must provide a completed Form
Schedule
•Form 540, California Resident Income Tax Return, line 73.
•Form 540NR, California Nonresident or
•Form 541, California Fiduciary Income Tax Return, line 31.
•Form 109, California Exempt Organization Business Income Tax Return, line 17.
•Form 100, California Corporation Franchise or Income Tax Return, line 33.
•Form 100S, California S Corporation Franchise or Income Tax Return, line 32.
Get FTB Pub. 1017, Resident and Nonresident Withholding Guidelines, for more information.
Line 15b –
The farmworker housing credit has been consolidated into the
Any allowable credit is entered on form FTB 3521. However, the passive activity credit limitations of IRC Section 469 may limit the amount
of credit. Credits from passive activities are generally limited to tax attributable to passive activities.
You cannot claim the
Line 15c – Other Credits Related to Rental Real
Estate Activities
The information you need to compute credits related to rental real estate activities other than the
Line 15d – Credits Related to Other Rental Activities
Any information you need to compute credits related to rental activities other than rental real estate activities is provided on this line with an attached schedule. These credits may be limited due to passive activity limitation rules.
Line 15e – Nonconsenting Nonresident Member’s Tax Paid by LLC
This line shows any income tax paid on your behalf by the LLC if, as a nonresident member, you did not sign form FTB 3832, Limited Liability Company Nonresident Members’ Consent, consenting to California’s jurisdiction to tax your distributive share of the LLC income attributable to California sources.
This line also shows any income tax paid on behalf of your LLC by another LLC of which your LLC is a member. This applies if form
FTB 3832 is not signed on behalf of your LLC. This means that your LLC is not consenting to California’s jurisdiction to tax your LLC’s distributive share of another LLC’s income attributable to California sources.
You must attach a copy of Schedule
For taxable years beginning on or after January 1, 2005, the tax may be reduced by the amount of tax previously withheld and paid by the LLC with respect to each nonconsenting, nonresident member.
If there was income tax paid on behalf of your LLC, you must attach a copy of the following to your California tax return to claim your share of the tax paid by another LLC on behalf of your LLC:
•The Schedule
•The Schedule
Line 15f – Other Credits
This line is used to report information you need to compute
Credits that may be reported on line 15f (depending on the type of activity they relate to) include:
•California Competes Tax Credit. Get form FTB 3531.
•College Access Tax Credit. Get form FTB 3592.
•Disabled Access Credit for Eligible Small Businesses. Get form FTB 3548.
•Donated Agricultural Products Transportation Credit. Get form FTB 3547.
•Enhanced Oil Recovery Credit. Get form FTB 3546.
•Enterprise Zone (EZ) Hiring Credit. Get form FTB 3805Z.
•Local Agency Military Base Recovery Area (LAMBRA) Hiring Credit. Get form FTB 3807.
•Natural Heritage Preservation Credit. Get form FTB 3503.
•New Advanced Strategic Aircraft Credit. Use credit code 236.
•New California Motion Picture and Television Production Credit. Get form FTB 3541.
•New Donated Fresh Fruits or Vegetables Credit. Get form FTB 3814.
•New Employment Credit. Get form FTB 3554.
•Prison Inmate Labor Credit. Get form FTB 3507.
•Research Credit. Get form FTB 3523.
The passive activity limitations of IRC Section 469 may limit the amount of credits on line 15b, line 15c, line 15d, and line 15f. Line 15b, line 15c, and line 15d credits are related to the rental activities of the LLC.
Line 15f credits are related to the trade or business activities of the LLC. In general, passive activity credits from passive activities are limited
to tax attributable to passive activities for California purposes (R&TC Section 17561). Credits that may be limited under the passive activity credit rules include the following:
•Research credit
•
You may be able to use the
The LLC can include on line 15f your distributive share of net income taxes paid to other states by the LLC. Subject to the limitations of R&TC Section 18006, members may claim a credit against their individual tax for net income taxes paid by the LLC to another state. The amount of tax paid is required to be supported by a copy of the return iled with the other state and evidence of the payment of the tax. Get California Schedule S for more information.
Line 16
The information reported in box 16 of the federal Schedule
Alternative Minimum Tax (AMT) Items
Line 17a through Line 17f, column (d)
Use the information reported on line 17a through line 17f, column (d) as well as your adjustments and tax preference items from other sources to complete Schedule P (100, 100W, 540, 540NR, or 541), Alternative Minimum Tax and Credit Limitations. For more information, see the instructions for federal Schedule
Schedule
Line 18a through Line 18c –
See the instructions for federal Schedule
Distributions
Line 19a and Line 19b – Distributions
See the instructions for federal Schedule
Other Information
Line 20a and Line 20b – Investment Income and Investment Expenses
If the LLC paid or accrued interest on debts it incurred to buy or hold investment property, the amount of interest you can deduct may be limited.
For more information and the special provisions that apply to investment interest expense, get form FTB 3526, and federal Publication 550.
Use the column (d) amounts to determine the amount to enter on form FTB 3526, line 1.
The amounts shown include only investment income and expenses included on lines 5, 6, 7, 11a, and 13d of this Schedule
Combine these totals with investment income and expenses from all other sources to determine the amount to enter on form FTB 3526, line 1.
Line 20c – Other Information
For credit recaptures attach a schedule including credit recapture names and amounts.
The LLC will provide supplemental information required to be reported to you on this line. If the LLC is claiming tax beneits from an EZ, LAMBRA, MEA, or TTA, it will give you the business income, and business capital gains and losses, apportioned to the EZ, LAMBRA, MEA, or TTA, on this line. Get form FTB 3805Z, FTB 3807, FTB 3808, or FTB 3809 to claim any applicable credit.
The LLC may have provided a schedule with amounts showing your proportionate interest in the LLC’s aggregate gross receipts, less returns and allowances. A qualiied taxpayer may exclude income, positive and negative adjustments, and preference items attributable to any trade
or business from alternative minimum taxable income. A “qualiied taxpayer” is deined as an individual, estate, or trust that meets both of the following:
•Is the owner of, or has an ownership interest in a trade or business.
•Has aggregate gross receipts, less returns and allowances, of less than $1,000,000 during the taxable year from all trades or businesses in which the taxpayer is an owner or has an ownership interest. In the case of an ownership interest, you should include only your proportional share of aggregate gross receipts of any trade or business from a partnership, LLC, S corporation, regulated investment company (RIC), real estate investment trust (REIT), or
REMIC.
You need to add your share of the aggregate gross receipts from this LLC to your aggregate gross receipts from all other trades or businesses in which you hold an interest to determine if you are a qualiied taxpayer.
For purposes of R&TC Section 17062(b)(4), “aggregate gross receipts, less returns and allowances” means the sum of the following:
•The gross receipts of the trades or businesses which the taxpayer owns.
•The proportionate interest of the gross receipts of the trades or businesses which the taxpayer owns.
•The proportionate interest of
Gross Receipts – R&TC Section 25120 was amended to add the deinition of gross receipts. “Gross receipts” means the gross amounts realized (the sum of money and the fair market value of other property or services received) on:
•The sale or exchange of property,
•The performance of services, or
•The use of property or capital (including rents, royalties, interest, and dividends) in a transaction that produces business income, in which the income, gain, or loss is recognized (or would be recognized if the transaction were in the United States) under the IRC.
Amounts realized on the sale or exchange of property shall not be reduced by the cost of goods sold or the basis of property sold.
For a complete deinition of “gross receipts”, refer to R&TC Section 25120(f) or go to ftb.ca.gov and search for 25120.
For purposes of this section
Get FTB Pub. 1001, for a listing of items of nonconformity for individuals.
The
Other Member Information
Table 1 – Member’s Share of Nonbusiness Income from Intangibles (source of income is dependent on residence or commercial domicile of the member)
The income data contained in Table 1 is not relected in column (e) of Schedule
Table 2 – Member’s Share of Distributive Items
The LLC will complete Table 2, Parts A to C for unitary members and Table 2, Part C for all
If the member and the LLC are engaged in a single unitary business, or if the LLC is uncertain as to whether it is unitary with the member, the LLC will furnish the information on Table 2.
Page 44 Schedule
The member’s share of the LLC’s business income is entered on Table 2, Part A. The member then adds that income to its own business income and apportions the combined business income using the revised factor described below.
Table 2, Part B, relects the member’s share of nonbusiness income from real and tangible property wholly sourced or allocable to California. This is added to apportioned business income and nonbusiness intangible income allocated to California and becomes a part of California taxable income. For more information, see R&TC Sections 25124 and 25125, and Cal. Code Regs., tit. 18 sections
The member’s share of the LLC’s property, payroll, and sales factors is in Table 2, Part C. The member combines its apportionment factors with the apportionment factors of the LLC and uses the revised factor to compute its business income apportioned to California. For more information, see General Information D, Nonbusiness Income, and General Information E, Unitary Members.
The LLC will complete Table 2, Part C to report the member’s distributive share of property, payroll and sales Total within California.
Members will use Table 2, Part C to determine if they meet threshold amounts of California property, payroll and sales.
R&TC Section 23101 provides that a taxpayer is doing business if it actively engages in any transaction for the purpose of inancial or pecuniary gain or proit in California or if any of the following conditions are satisied:
•The taxpayer is organized or commercially domiciled in California.
•The sales, as deined in R&TC Section 25120(e) or (f), of the taxpayer in California, including sales by the taxpayer’s agents and independent contractors, exceed the lesser of $583,867 or 25% of the taxpayer’s total sales.
•The real property and tangible personal property of the taxpayer in California exceed the lesser of $58,387 or 25% of the taxpayer’s total real property and tangible personal property.
•The amount paid in California by the taxpayer for compensation, as deined in R&TC Section 25120(c), exceeds the lesser of $58,387 or 25% of the total compensation paid by the taxpayer.
If the member’s distributive share of property, payroll, or sales in California, when combined with the member’s property, payroll, or sales in California from other
For more information, see R&TC Section 23101 or go to ftb.ca.gov and search for doing business.
Schedule
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Visit our website:
ftb.ca.gov
Page 46 Form 568 Booklet 2018
TAXABLE YEAR |
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CALIFORNIA SCHEDULE |
2018 |
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EO (568) |
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Name as shown on tax return
California Secretary of State (SOS) ile no.
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Part I – Partial Ownership List the entities in which the taxpayer holds ownership of less than 100%. |
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Proit and Loss |
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Name of Entity |
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CA SOS ile no. |
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Income. |
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See instructions. |
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