Franchise Tax Board 2011 Tax Law Update

Differences between California and Federal Law

In general, for taxable years beginning on or after January 1, 2010, California law conforms to the Internal Revenue Code (IRC) as of January 1, 2009. However, there are continuing differences between California and federal law. When California conforms to federal tax law changes, we do not always adopt all of the changes made at the federal level. For more information, go to ftb.ca.gov and search for conformity. Additional information can be found in FTB Pub. 1001, Supplemental Guidelines to California Adjustments, the instructions for California Schedule CA (540 or 540NR), and the Business Entity tax booklets.

2011 Tax Law Changes/What’s New

Tax Decrease – Beginning on January 1, 2011, the tax rate decreased by 0.25%.

Dependent Exemptions Credits – Beginning on January 1, 2011, the dependent exemption credit increased from $99 to $315 per dependent.

Child and Dependent Care Expenses Credit – For taxable years beginning on or after January 1, 2011, the child and dependent care expense credit is nonrefundable.

Use Tax Table – For taxable years beginning on or after January 1, 2011, you may be eligible to use the Estimated Use Tax Table to estimate and report the use tax due on individual non-business items you purchased for less than $1,000 each.

Voluntary Contributions – For taxable years beginning on or after January 1, 2011, you may contribute to the following new funds:
• Municipal Shelter Spay-Neuter Fund
• ALS/Lou Gehrig’s Disease Research Fund
• Child Victims of Human Trafficking Fund

Community Development Financial Institutions Investment Credit – The Community Development Financial Institutions Investment Credit has been extended for taxable years beginning on or after January 1, 2012, and before January 1, 2017.

Mortgage Forgiveness Debt Relief Extended – California law conforms, with modifications, to federal mortgage forgiveness debt relief for discharges occurring on or after January 1, 2009 thru 2012. Federal law limits the amount of qualified principal residence indebtedness to $2,000,000 ($1,000,000 for married filing separate). See federal Publication 544, Sales and Other Disposition of Assets, and federal Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonment, for more information. California law limits the amount of qualified principal residence indebtedness to $800,000 ($400,000 for married/RDP filing separate) and debt relief to $500,000 ($250,000 for married/RDP filing separate).

New Home/First-Time Buyer Credit – To claim the New Home/First‑Time Buyer Credit of 2010 you must have received a Certificate of Allocation from the FTB. The credits were available if you purchased a qualified principal residence on or after May 1, 2010, and on or before December 31, 2010. Additionally, the New Home Credit is available if you purchase a qualified principal residence on or after January 1, 2011, and before August 1, 2011, pursuant to an enforceable contract executed on or before December 31, 2010. For more information, go to ftb.ca.gov and search for home credit or get FTB Pub. 3549, New Home/First-Time Buyer Credit.

As always, if you have any questions, please call me at (209) 329-1255.