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CA Tax: Estimated Tax Payments, 1099s and MoreCalifornia CPA magazine: January/February 2009By Leonard W. Williams, CPA The annual liaison meeting between the FTB and CalCPA Committee on Taxation cleared up a long-standing source of confusion among CPAs. Under Rev. & Tax Code Sec. 23114, a corporation is not liable for taxes or fees if its year is less than 15 days and no business was conducted. A question posed at the meeting was: What date does the FTB use in determining the date of incorporation? The answer: The date stamped on the Articles of Incorporation by the California Secretary of State creates a corporation, and that date is forwarded to the FTB. If there is a date stamp discrepancy, the corporation must contact the California Secretary of State to resolve the discrepancy. New California Estimated Tax Payments and Withholding More Likely Than Not Another Independent Contractor Issue The trial court gave summary judgment for the contractor/defendant, but the independent contractor appealed. The appellate court sent it back to the trial court, saying that the independent contractor does have the right to sue the general contractor. If the independent contractor wins, there’s a good chance that general contractors will begin to require workers of their subcontractors be employees, not independent contractors. The case is Tverberg v. Fillner Construction, Inc. (12/5/08, First District, Div. Four. Cite as 2008 SOS 6557). For more, visit www.metnews.com/s0scgi?1208%2FA120050. Filing 1099 Forms Since both the IRS and FTB are disallowing deductions in excess of $599 when 1099 forms haven’t been filed, it’s imperative to get the message out to clients who should be filing them. The biggest area of confusion seems to be the fact that 1099 forms don’t have to be filed for payments to corporations (except for legal and medical corporations). Clients seem to think that if the business has a business license, or is listed in the yellow pages, for example, then a 1099 form doesn’t have to be filed. The FTB has the authority to disallow the deduction for 1099s that haven’t been timely filed (R&TC 24447). Charitable Contributions TaxTalk participants frequently post these questions, or variations of them, because their clients frequently ask them, and the CPAs who post the question just want to make sure that something hasn’t happened that they haven’t heard about. Assume the charitable organization is a qualifying 501(c) 3: • Is it permissible to take a charitable contribution for one’s labor donated to a charitable organization? Nothing has changed, and the answer to all of the above questions remains no. Thanks to the following CPAs for their contributions to this column: Jim Counts, Kip Dellinger, Rick Huey; Harlan Levinson; David R. Kelly; Steve Odem, and Ralph H. Weintraub. Leonard W. Williams, CPA is a Sunnyvale-based sole practitioner. A member of CalCPA’s Committee on Taxation, the AICPA Tax Division and a former Peninsula Chapter president, you can reach him at williams@lwwilliamscpa.com.
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