Changes to 2011 Forms
Updates to the Schedule P (540) on 02/07/2013 –– Alternative Minimum Tax and Credit Limitations - Residents
We replaced text on Side 1, Line 13i.
Qualified small business stock
Pollution control facilities
Reason for the changes
The Court of Appeal’s held in Cutler v. Franchise Tax Board (2012) 208 Cal. App. 4th 1247, that the qualified small business stock exclusion and deferral statutes under California Revenue and Taxation Code (R&TC) Sections 18152.5 and 18038.5 are unconstitutional. These sections are now invalid and unenforceable.
The Pollution control facilities adjustment line was erroneously deleted in the 2011 tax year and is therefore, being added back this year.
This revision increases the tax liability for taxpayers who reported a qualified small business stock exclusion or deferral for taxable years beginning on or after January 1, 2008.
By adding back the Pollution control facilities adjustment, the tax liability for taxpayers may increase.