The California legislature has passed budget legislation, AB 85, and sent it to Governor Newsom, who is expected to approve it.
Notably, there were no provisions conforming California tax law to the CARES Act relief measures adopted by the federal government earlier this year.
Net operating loss deductions won’t be allowed on California income (including corporate franchise) tax returns for 2020-2022 tax years for businesses with business income, or modified adjusted gross income of $1 million or more. The term for which net operating losses that could have been deducted in those years is extended by one year for losses incurred in taxable years years beginning on or after January 1, 2021 and before January 1, 2022, by two years for losses incurred in taxable years beginning on or after January 1, 2020 and before January 1, 2021, and by three years for losses incurred in taxable years beginning before January 1, 2020.
The $800 “privilege tax” for corporations, limited partnerships and limited liability companies “doing business” in California is waived for new companies organized (registered with the California Secretary of State) on or after January 1, 20121 and before January 1, 2024.
Business credits will be limited to $5 million for the 2020 – 2022 tax years. The carryover period for the credits is extended to compensate for the years the limitation applies.
The exemption for sales tax for baby diapers and for menstrual hygiene products, which was scheduled to expire on January 1, 2022 is extended to June 30, 2023.
New sales tax collection and reporting rules will apply for auto dealers, other than new car dealers, effective January 1, 2021. The details are beyond the scope of this summary. See your tax advisor for details.
The maximum monthly penalty for not having mandated health insurance for a responsible person with an applicable household size of five or more individuals is capped at the penalty for five individuals.