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California Corporate Tax Updates for 2024

Aug 27, 2024

California has recently enacted several substantial changes to its tax laws that will significantly impact corporations operating within the state. These updates are critical for businesses to understand and adapt to in order to maintain compliance and optimize their tax strategies. This article examines key changes introduced through Senate Bill 167 and Senate Bill 175, including alterations to tax credits, the suspension of certain provisions, and revisions in sales and use tax regulations. Keywords such as “corporate tax by state,” “tax compliance software,” and “California tax updates” are utilized to enhance the article’s relevance and visibility.

Budget Tax Changes and Tax Credits

Net Operating Loss (NOL) Suspension

For tax years spanning from January 1, 2024, to January 1, 2027, the deduction of net operating losses (NOLs) is suspended for both corporate and personal income taxes. This suspension specifically targets taxpayers with net business income or modified adjusted gross income of $1 million or more. Notably, the existing 20-year carryforward period for NOLs is extended by up to three years to account for losses that cannot be utilized due to the suspension. This measure imposes a significant constraint on corporations, compelling them to reevaluate their tax strategies and financial planning under the new limitations.

Limits on Business Tax Credits

Senate Bill 167 imposes a cap on the use of business tax credits, restricting them to a maximum of $5 million for tax years 2024 to 2026. This limitation encompasses most business credits, including the California research and development credit, but excludes certain credits like the Low-Income Housing Tax Credit. Corporations that have historically relied on these credits must now adjust their tax strategies to optimize the usage of credits within these newly imposed constraints.

Annual Refundable Credits

Senate Bill 175 introduces the option for taxpayers to make an irrevocable election to receive an annual refundable credit amount of qualified credits over a three-year limitation period. This provision is designed to offer greater flexibility in managing tax liabilities by allowing businesses to distribute the use of these credits across multiple years. For instance, if a business possesses $10 million in qualified credits for the 2024 tax year but is restricted to utilizing $5 million, the taxpayer can opt for a refundable credit. Beginning from the third tax year following the election, this refundable credit can be applied at 20% of the credit amount annually for five years.

Repeal of Enhanced Oil Recovery Cost Credit

Effective from the 2024 tax year, California has repealed the Enhanced Oil Recovery Cost Credit. This repeal aligns the state’s tax provisions with the federal provisions under IRC Section 43, signifying a move towards greater conformity with federal tax regulations. For oil and gas companies, this repeal necessitates a reevaluation of tax strategies, as it may lead to an increased overall tax burden.

Sales and Use Tax Bad Debt Deduction

Starting January 1, 2025, the bad debt deduction for sales and use taxes remitted to the state has been suspended for affiliates of retailers. The complete repeal of this deduction is scheduled for January 1, 2028, after which only retailers, excluding affiliates, will be entitled to the deduction. This change represents a considerable adjustment in the management of bad debt deductions within California’s tax system, requiring businesses to update their accounting practices to ensure continued compliance.

Implications for Corporations

The recent tax updates carry several implications for corporations. The provision for annual refundable credits under Senate Bill 175 offers enhanced flexibility in managing tax liabilities, potentially facilitating smoother financial planning over an extended period. However, the suspension of NOL deductions and the limits on business tax credits imposed by Senate Bill 167 necessitate that corporations reassess their tax strategies, particularly for those that have heavily relied on these deductions and credits. Furthermore, the repeal of the Enhanced Oil Recovery Cost Credit compels oil and gas companies to adjust their tax strategies accordingly, while the changes to the bad debt deduction for sales and use taxes will require businesses to modify their accounting practices to remain compliant.

Conclusion

Keeping abreast of recent developments in California’s tax laws is essential for corporations to maintain compliance and optimize their tax strategies. The changes introduced through Senate Bills 167 and 175, including modifications to tax credits, the suspension of NOLs, and revisions in sales and use tax regulations, require careful planning and adjustment. Utilizing tax compliance software and seeking guidance from tax professionals can assist corporations in navigating these changes effectively. For comprehensive guidance and support, corporations should stay informed through reliable sources and seek expert advice.

These updates emphasize the importance of proactive tax management and the necessity for businesses to remain agile in response to evolving legislative changes. By leveraging the appropriate tools and expertise, corporations can ensure compliance and optimize their tax positions within an ever-changing regulatory landscape.

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Business Development Representative

Jeroen van der Wal

Business Development Representative

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