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Changes to 2001 Forms

2001 Updates to Form 100S Booklet

Revision Date: 04/28/2004

Revision Details: Revisions to Form 100S Corporation Tax Booklet: Schedule B/C/D/H (100S) Page 27; Instructions for Schedule H(100S) Page 28; Flat Schedule H, Side 3; and Package X Page 155 & 156

The Internet versions of the form and instruction have been revised. These revisions are due to the California Court of Appeal ruling that found the R&TC Section 24402 deduction unconstitutional, the form and instructions have been revised to reflect the court decision rules. These changes may increase or decrease the corporate tax liabilities.

  • Schedule H (100S), Page 27, shading of all of Part II and Part III
  • Instructions for Schedule H (100S) Page 28, What's New

It should read:

Rename to What's Changed

  • Instructions for Schedule H (100S) Page 28, column 1, 1st paragraph

It should read:

Forms, Schedules, and instructions impacted by the court decision in Farmer Bros. Co. v. Franchise Tax Board (2003) have been revised to disallow any deduction taken based on R&TC Section 24402. In Farmer Bros. Col. V. Franchise Tax Board (2003) 108 Cal App 4th, 134 Cal Rptr. 2nd 390, the California Court of Appeal found that the R&TC Section 24402 deductible dividend provision discriminated against interstate commerce in violation of the Commerce Clause of the United States Constitution. R&TC Section 24402 provided for a deduction to the extent that the dividend payer was taxable in California. A statute that is held to be unconstitutional is invalid and unenforceable. Therefore, the deduction is not available.

  • Schedule H (100S) Instructions, Page 28, Part II and Part III, are deleted in full..
  • Schedule H (100S) Instructions, Page 28, Part II and Part III, explanation added:

It should read:

Part II has been deleted due to the Farmer Bros. Co. v. Franchise Tax Board decision (2003). See What's Changed paragraph.

Part III has been deleted due to the Ceridian v. Franchise Tax Board decision (2000). See What's Changed paragraph.

  • Schedule H (100S) Instructions, Page 28, column 2, Part IV, 2nd paragraph:

It should read:

In no event will a R&TC Section 24411 deduction be allowed with respect to a dividend which was eliminated under R&TC Section 25106.

A revised copy is available to download - April 28, 2004.

Back to Tax Form Changes for 2001

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