Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2013
 

Revenue and Taxation Code

Division 2. Other Taxes

Part 11. Bank and Corporation Tax Law

Chapter 2. The Bank and Corporation Franchise Tax

Article 3. Tax on Banks and Financial Corporations*

Section 23183

23183. Financial corporations; franchise tax on net income.
(a) For taxable years beginning before January 1, 2000, an annual tax is hereby imposed upon every financial corporation doing business within the limits of this state and taxable under the provisions of Section 27 of Article XIII of the Constitution of this state, for the privilege of exercising its corporate franchises within this state, according to or measured by its net income, upon the basis of its net income for the next preceding income year at the rate provided under Section 23186.

(b) For purposes of this article, the term "financial corporation" does not include any corporation, including a wholly owned subsidiary of a bank or bank holding company, if the principal business activity of such entity consists of leasing tangible personal property.

(c) (1) For the first taxable year beginning on or after January 1, 2000, the tax imposed under this section shall be the sum of both of the following:

(A) A tax according to or measured by net income, to be computed at the rate provided under Section 23186 upon the basis of the net income for the next preceding income year, but not less than the minimum tax specified in Section 23153.

(B) A tax according to or measured by net income, to be computed at the rate provided under Section 23186 upon the basis of the net income for the first taxable year beginning on or after January 1, 2000, but not less than the minimum tax specified in Section 23153.

(2) Except as provided in paragraph (1), for taxable years beginning on or after January 1, 2000, the tax imposed under this section shall be a tax according to or measured by net income, to be computed at the rate provided under Section 23186 upon the basis of the net income for that taxable year, but not less than the minimum tax specified in Section 23153.

History.—Amended by Stats. 1971, Ch. 1304, in effect October 29, 1971. Amended by Stats. 1972, Ch. 773, in effect March 7, 1973. Amended by Stats. 1974, Ch. 311, in effect January 1, 1975. Amended by Stats. 1977, Ch. 552, in effect September 3, 1977. Stats. 1979, Ch. 1150, in effect September 29, 1979, added the subdivision letters and added subdivision (b). Stats. 2000, Ch. 862 (AB 1843), in effect January 1, 2001, added "For taxable years beginning before January 1, 2000," before "an annual" in the first sentence of subdivision (a); and added subdivision (c).

* Article 3 was added by Stats. 1949, Ch. 557, in effect October 1, 1949.