California 2011-2012 Regular Session Status: In Committee

AB 831 — Minimum annual tax: exemption: single member limited liability company.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, generally, imposes a minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state, and an annual tax in an amount equal to the minimum franchise tax on every limited partnership, limited liability partnership, and limited liability company registered, qualified to transact business, or doing business in this state, as specified. Existing law requires every limited liability company subject to the annual tax to pay annually to this state a fee equal to specified amounts based upon total income from all sources reportable to this state. Existing law also requires limited liability companies classified as partnerships for California tax purposes to file certain information returns. This bill would exempt a single member limited liability company, as defined, or a federal, state, or local governmental entity from that annual tax, that annual fee, and that information return. The Corporation Tax Law, in modified conformity with federal income tax laws, exempts various types of organizations from state income taxes imposed by that law. Existing law allows organizations that have obtained a ruling or determination from the Internal Revenue Code that it is exempt from federal income taxes as an organization described in Section 501(c) (3) of the Internal Revenue Code to obtain exemption from state income taxes by submitting to the Franchise Tax Board a copy of the notification issued by the Internal Revenue Service approving the organization's tax-exempt status, as specified. Existing law requires the board to issue an acknowledgment of an organization's exemption from state income taxes, as provided. This bill would prohibit an organization formed as a California corporation or qualified to do business in California that, as of the date of receipt by the Franchise Tax Board of that notification, is listed by the Secretary of State or Franchise Tax Board as "suspended" or "forfeited" from establishing its exemption from state income taxes and would provide that the organization would not receive an acknowledgement from the board of the organization's exemption until that corporation is listed by the Secretary of State and the board as an "active" corporation.

Bill Text

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Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. Referred to Com. on REV. & TAX.

  5. From printer. May be heard in committee March 20.

  6. Read first time. To print.

Sponsors

  • Silva · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Silva

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

taxation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 831 do?
Existing law, generally, imposes a minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state, and an annual tax in an amount equal to the minimum franchise tax on every limited partnership, limited liability partnership, and limited liability company registered, qualified to transact business, or doing business in this state, as specified. Existing law requires every limited liability company subject to the annual tax to pay annually to this state a fee equal to specified amounts based upon total income from all sources reportable to this state. Existing law also requires limited liability companies classified as partnerships for California tax purposes to file certain information returns. This bill would exempt a single member limited liability company, as defined, or a federal, state, or local governmental entity from that annual tax, that annual fee, and that information return. The Corporation Tax Law, in modified conformity with federal income tax laws, exempts various types of organizations from state income taxes imposed by that law. Existing law allows organizations that have obtained a ruling or determination from the Internal Revenue Code that it is exempt from federal income taxes as an organization described in Section 501(c) (3) of the Internal Revenue Code to obtain exemption from state income taxes by submitting to the Franchise Tax Board a copy of the notification issued by the Internal Revenue Service approving the organization's tax-exempt status, as specified. Existing law requires the board to issue an acknowledgment of an organization's exemption from state income taxes, as provided. This bill would prohibit an organization formed as a California corporation or qualified to do business in California that, as of the date of receipt by the Franchise Tax Board of that notification, is listed by the Secretary of State or Franchise Tax Board as "suspended" or "forfeited" from establishing its exemption from state income taxes and would provide that the organization would not receive an acknowledgement from the board of the organization's exemption until that corporation is listed by the Secretary of State and the board as an "active" corporation.
Who sponsors AB 831?
AB 831 is sponsored by Silva.
What is the current status of AB 831?
This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 831?
Track AB 831 free on One Click Politics — get push/email alerts when it moves.

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