Articles Posted in California

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After nearly a decade in development, the California Franchise Tax Board (FTB) has finalized its amended market-based sourcing regulation under Regulation Section 25136-2, which governs the sourcing of receipts from services and intangible property.

The regulation was approved by the Office of Administrative Law and filed with the Secretary of State on August 27, 2025.  The revised rules will apply to tax years beginning on or after January 1, 2026.  Among the most significant changes to the regulation are:Capture-2-300x101

  • For purposes of population-based reasonable approximation, taxpayers are limited to populations of specific foreign jurisdictions or geographic areas where sales can be substantiated, rather than the broader population of the country. The regulation does not resolve whether California’s population—the numerator—may similarly be confined to the localities where sales occur.
  • A new framework and examples for sourcing receipts from services, beginning with a presumption of where the benefit of the service is received depending on whether the service primarily relates to real property, tangible personal property, intangible property, or individuals.
    • The location of the benefit is then substantiated through cascading rules: (1) contracts or the taxpayer’s books and records, (2) all other sources of information, (3) reasonable approximation, or (4) the customer’s billing address.
    • For services provided to the U.S. government, if none of the first three rules apply, the receipts are sourced based on the ratio of California’s population to the national population.
    • New examples address logistics services (sourced to the tangible property delivery location), pharmaceutical development services (sourced to the clinical trial testing location), digital advertising services (sourced via look-through to the individual ad viewer’s location), and call center services (sourced via look-through to the customer’s own individual customers).
  • New definitions, sourcing methodology and examples for asset management services, assigning receipts based on the average value of assets held by investors or beneficial owners domiciled in California.
  • New definitions, sourcing methodology and examples for select types of professional service providers with more than 250 customers.
  • Use of reasonable approximation to determine the location where an intangible is to be used following a complete transfer of property rights.
  • New rules and an example for bundled sales of services and tangible and intangible property.
  • Definition of “customer” of marketable securities, excluding intermediaries.
  • New rule that the taxpayer’s reasonable approximation method or location of the customer for marketable securities will be accepted unless the FTB can prove by a preponderance of the evidence that it is unreasonable.

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In a move to untangle the complexities surrounding sales and use tax in technology transfer arrangements, California’s tax regulator has laid out three major proposals.CDTFA-Logo-Horizontal-Full-2-300x91

SALT attorneys Jeff Vesely and Richard Nielsen dissect these changes—from adding clarification to introducing rebuttable presumptions—that could dial down uncertainty at the crossroads of sales/use tax and tech licensing agreements.

Read more on Pillsbury Law’s website.

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Pillsbury SALT is excited to welcome back Annie H. Huang to the team!

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Annie’s experience focuses on state and local tax matters, including corporate franchise and income, personal income, sales and use, and gross receipts and other local taxes.

Annie brings not only strong legal experience but also a genuine enthusiasm for building relationships and supporting clients through complex challenges.

She joins Pillsbury’s San Francisco office as a partner.  Read more here.

 

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OTA

The California Attorney General has confirmed the Office of Tax Appeals (OTA) may decline to apply a tax regulation in a taxpayer appeal if it conflicts with the relevant statute. OTA must afford appropriate deference to the issuing agency, but its authority extends to setting aside the regulation for that appeal. OTA lacks authority to invalidate or repeal the regulation more broadly or to apply its conclusions outside the specific appeal.

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Senate Bill 711 (S.B. 711) would update California’s conformity date to the Internal Revenue Code (IRC) from January 1, 2015, to January 1, 2025. If enacted, this change would apply to taxable years beginning on or after January 1, 2025, and would align California tax law with numerous federal provisions enacted over the past decade. Notable provisions include:

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On January 10, 2025, California Governor Gavin Newsom released his January Budget Proposal for the 2025 – 2026 fiscal year. Notably, Governor Newsom’s budget would increase tax revenue by requiring banks and financial corporations to move from an equally weighted three-factor formula, comprising property, payroll and sales factors, to a single-sales-factor formula for purposes of apportioning income to the state. Agricultural and extractive businesses would continue to use the three-factor formula. The proposed change would take effect immediately, beginning with tax year 2025. Continue Reading ›

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The California Department of Tax and Fee Administration (CDTFA or Department) hosted its third workshop (Workshop III) on December 9, 2024, to discuss and receive input on technology transfer agreements (TTAs).

On January 22, 2025, the CTIA (formerly the Cellular Telecommunications and Internet Association) submitted comments. The California Taxpayers Association (CalTax) and the Silicon Valley Leadership Group (SVLG) also submitted their comments in a joint letter.

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