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Legislation: Income and Franchise Taxation
2001 Cal. Stat. Ch. 334, amending the taxpayer bill of rights, requires the Franchise Tax Board (FTB), to provide documents given to board members on items on the board’s agenda to interested parties without delay before the board can take final action. Chapter 334 also provide that the purpose of proceedings between taxpayers and the FTB is to determine the “taxpayer’s correct tax liability,” allowing taxpayers “every opportunity to present all relevant information pertaining to the taxpayer’s liability,” and allowing for the FTB to “inquire into … all relevant information pertaining to the taxpayer’s liability.”

(The remainder of this article can be accessed in the 2002 edition of the ABA’s State and Local Tax Lawyer.)

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On September 25, 2000, the California Franchise Tax Board (FTB) issued FTB Notice 2000-7, which requested public comment and gave notice of a symposium regarding a new proposed regulation relating to audit procedures. The FTB’s proposal is to add Regulation section 19032, “Audit Procedures,” to Title 18 of the California Code of Regulations. This article traces the progress of the FTB’s proposed regulation over the course of the past year, and highlights some of the most significant and controversial provisions of the current draft.

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Assembly Bill 2412 (Migden and Aroner), now pending in the California Legislature, would drastically expand the California rules for nexus to tax under the California Sales and Use Tax Law. The bill should be of high interest to Internet retailers who do not have a physical presence in California. A.B. 2412 would expand California law to provide that a retailer has nexus with California based solely on the relationship between the out-of-state retailer and another retailer who does have nexus with California.

(The remainder of this article can be accessed in the July/August 2000 edition of Cyberspace Lawyer.)

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Legislation: Income and Franchise Taxation
1999 Cal. Stat. ch. 64, amending Cal. Rev. & Tax. Code section 23153, amending and repealing Cal. Rev. & Tax. Code section 23221, adding Cal. Rev. & Tax. Code 23221, exempts every corporation that incorporates or qualifies to do business in California on or after January 1, 2000, from the minimum franchise tax for the second taxable year and the minimum franchise tax for the second taxable year.

(The remainder of this article can be accessed in the 2000 edition of the ABA’s State and Local Tax Lawyer.)