Posts tagged "California tax law"

OTA Reverses FTB Assessment of Out-of-State Contractor Income

The California Office of Tax Appeals (OTA) recently reversed a Franchise Tax Board (FTB) proposed assessment of a Texas-based independent contractor working for a California-based company. The OTA found that income reported to the contractor on a Form 1099-MISC did not have a California source because the end clients were located out-of-state, and therefore the contractor had no requirement to file a nonresident California return. To read the decision in full, click here.

FTB Top Tax Debtors Owe California Over $581 Million

The Franchise Tax Board (FTB) recently published its updated lists of California's top 500 individual and top 500 business tax debtors, who now collectively owe the state more than $581 million in income tax. Since October 2007, this list is updated twice annually. Taxpayers who receive notice of the FTB's intent to include them on the list and then make arrangements to pay their tax debt are removed from the publication.

California Establishes Individual Healthcare Mandate Penalty Beginning January 1, 2020

While the federal penalty for failure by individuals to access health insurance under the Patient Protection and Affordable Care Act (also known as Obamacare) was eliminated by the Tax Cuts and Jobs Act of 2017, several states, including California, have instituted similar penalties. In California, Assembly Bill 414 (AB 414) (Bonta, Chaptered October 12, 2019) which takes effect on January 1, 2020, requires Californians to have qualifying health insurance coverage throughout the year.

Cannabis Businesses Can Now Deduct Expenses on California Tax Returns

California Governor Gavin Newsom recently signed AB 37 into law, which legalizes licensed state cannabis businesses including marijuana growers, processors, and sellers to take deductions for their business expenses on state income tax returns. It exempts these businesses from federal law section 280E, which categorizes cannabis sales under the "illegal sale of drugs" and therefore prohibits these businesses from writing off expenses as any other business would. To read AB 37 in full, click here.

CDTFA to Hold Interested Parties Meeting on the Marketplace Facilitator Act

The California Department of Tax and Fee Administration (CDTFA) recently released its Initial Discussion Paper for the Interested Parties Meeting it is hosting on October 15, 2019, in Sacramento to discuss and clarify the Marketplace Facilitator Act established in April by Assembly Bill 147. The main goal of the meeting is to determine what, if any, regulations may be adopted to make new registration requirements clear for business owners.

California Worker Classification Changed Significantly By AB 5

With the California Governor's approval of Assembly Bill No. 5 on September 18, 2019, worker classification law in the state has changed significantly by codifying the "ABC" test established in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, 4 Cal.5th 903 (2018). A person who provides labor or services for remuneration is now presumed to be an employee for purposes of claims for wages and benefits, unless the hiring entity can demonstrate that:

Relief for California Out-of-State Retailers Qualified as Marketplace Sellers

For months, many out-of-state retailers have been working to determine the extent to which they may owe tax to California for sales made in prior years, even though they had no physical nexus in California. Following the U.S. Supreme Court's decision in Wayfair v. South Dakota, California took the position that out-of-state retailers who utilize Amazon to hold inventory and make sales to customers in California have sufficient nexus to meet the requirements to collect and pay sales/use tax to California. This was true even if the business sent inventory to Amazon outside of California and Amazon made the determination to store inventory in California.

FTB Increases Interest Rates

The California Franchise Tax Board (FTB) recently announced that interest rates for personal income tax underpayments and overpayments, corporate underpayments, and estimate penalties will increase to 6 percent for 2019.  The corporate overpayment interest rate will increase to 2 percent this year.  For more information, click here.

California Considers Text Messaging Tax

The California Public Utilities Commission recently released a decision finding that text messaging services could be subject to Public Purpose Program surcharges, as suggested by Commissioner Carla J. Peterman. The proposed decision does not have legal effect at this time, and the Commission is opening an additional phase during which it will consider transparency, competition, and methods to implement the proposed fees. For more information, click here: http://docs.cpuc.ca.gov/PublishedDocs/Efile/G000/M238/K227/238227359.PDF.

California Post-Wayfair Update: Change is On the Horizon

The California Legislative Analyst's Office (LAO) released a fiscal outlook report recently that indicates California will soon be implementing changes to sales and use tax collection for out-of-state businesses in the wake of the June 2018 Wayfair decision. "The administration plans to start registering out-of-state taxpayers soon," the LAO wrote, and anticipates increases to state revenue from related changes starting around $100 million or more in the next couple years. To read the full report, click here.

Contact the Law Office of Williams & Associates

For more information about our tax law services, or to discuss your tax matter, call our Sacramento office at (916) 488-8501 or toll free at (800) 684-7147. You may also send us an inquiry via email.

Contact the Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location:

3600 American River Drive, Suite 135
Sacramento, CA 95864

Toll Free: 800-684-7147
Phone: 916-488-8501
Fax: 916-488-8196
Sacramento Law Office Map