Maeda Palius
on
February 11, 2022

MORE CALIFORNIA LEGISLATION UPDATES – SB-113 IS GOOD NEWS!

To Our Valued Clients and Friends,

While we provided you with California tax legislation updates over the last year, we did not usually get to say that it was good news. Well, that changed yesterday when Governor Newsom signed SB-113, which made positive tax related changes, some of which are retroactive to the 2021 tax year.

WHAT HAS CHANGED?
1. The California passthrough entity elective tax credit received several retroactive adjustments to the beginning of the 2021 tax year, including:

  • Repealing the tentative minimum tax limitation,
  • Allowing passthrough entities with owners that are partnerships to make the election,
  • Including guaranteed payments made to partners in the entity’s qualified net income, and
  • Changing the ordering of the credit beginning with the 2022 tax year.

2. California will conform to the federal exclusion of Restaurant Revitalization Grants and allow expenses paid with the grants to be fully deducted, retroactive to the 2020 tax year.

3. California will partially conform to the federal exclusion of Shuttered Venue Operator Grants from gross income retroactive to taxable years beginning on or after January 1, 2019. California will allow expenses paid with these grants to be deducted unless the taxpayer is a publicly traded company or does not meet the 25% gross receipts reduction threshold. (This is the same threshold used to determine second-draw PPP loan eligibility.)

4. California has repealed the net operating loss (NOL) suspension for higher income taxpayers for the 2022 taxable year.

WHAT HAS NOT CHANGED?
Noticeably absent from the bill is conformity to the federal Paycheck Protection Program (PPP) loan forgiveness treatment for PPP loans made after March 31, 2021.

WHAT DOES THIS MEAN?
If any of the provisions above apply to you or your business, please know that we are incorporating this into your 2021 income tax preparation and 2022 income tax planning. Expect more communication from us to you directly on these topics as we get closer to filings and decision-making dates.

If you have any questions or concerns, please do not hesitate to contact us.

Wishing You a Calm and Stress-Free Tax Season,

Maeda Palius, Jason Janzen, Annika Jensen and the POJ Team

 

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