Home Table of Contents

§ 18631-18681(b). Payments of Salaries, Interest, Rents, Royalties, and Other Fixed or Determin...

18 CA ADC § 18631-18681(b)Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 18. Public Revenues
Division 3. Franchise Tax Board
Chapter 2.6. Administration of Franchise and Income Tax
Subchapter 2. Returns
Article 4. Information Returns
18 CCR § 18631-18681(b)
§ 18631-18681(b). Payments of Salaries, Interest, Rents, Royalties, and Other Fixed or Determinable Income.
(1) Except as provided in subsection (2), and except for payments to which subdivisions (a) and (c) of Section 18639 apply, every individual, partnership, bank, corporation, including a nonprofit corporation or organization, joint stock company or association, insurance company, or Massachusetts or business trust, engaged in a trade or business in this State and making payment in the course of such trade or business to another person, including lessees or mortgagors of real or personal property, fiduciaries, employers, and all officers and employees of this State or of any political subdivision of this State, or any city organized under a freeholder's charter, or any political body not a subdivision or agency of the State, shall make a return on forms prescribed by the Franchise Tax Board for each calendar year, with respect to wages, salaries, interest, rents, royalties, and other fixed or determinable income paid, credited or distributed. Such payments are required to be reported if the total amounts paid to a single person are $1,500 or more, and in the case of a married individual are $3,000 or more. Payments of wages, salaries and other compensation for personal services rendered in this State, and payments of rents or royalties on account of property located in this State must be reported irrespective of the residence or address of the payee. Payments of interest and payments of income on account of services performed, or property located outside this State need be reported only if the payee is a resident of this State. If the payee's residence is unknown to the payor, such payments shall be reported if the payee's last known address was in this State. If the marital status of the individual is unknown, report all such payments of $1,500 or more. Payments made to the officers of a corporation must be reported. Payments in the case of annuities with an annuity starting date before January 1, 1968, should be reported in an amount equal to 3 percent of the aggregate premiums or consideration paid for the annuity (whether or not paid during the taxable year), until the aggregate amount paid to and not required to be included by the annuitant in his gross income, had the law been in effect continuously from and after the date at which payments under such annuity were first received, equals the aggregate premiums or consideration paid for such annuity; thereafter the entire amount of the annuity payments shall be reported. Payments in the case of annuities with an annuity after January 1, 1968, should be reported except to the extent that they are considered to represent a reduction or return of premiums or other consideration paid. The part of each annuity payment which is excludable from gross income is determined by the ratio which the investment in the contract bears to the expected return under the contract. In the case of annuities with an annuity starting date on and after January 1, 1968, in lieu of the return required by this subsection, a duplicate copy of the Federal return may be filed with the Franchise Tax Board.
(2) The following payments need not be reported regardless of the amount paid:
(A) Payments of any type made to a corporation;
(B) Distributions or salaries to members of a partnership or distributions to beneficiaries of an estate or trust, which are shown on the Partnership or Fiduciary Return;
(C) Rents paid by a tenant to a real estate agent having a place of business in this State, but the agent must report payments to the landlord;
(D) Payments made by a broker to his customer;
(E) Payments to nonresidents which are reported by the withholding agent on forms prescribed by the Franchise Tax Board;
(F) Payments of income exempt from taxation under the law;
(G) Payments which are made by those not engaged in a trade or business and which are not made in the course of such trade or business, such as amounts paid by a tenant to a landlord for the renting or leasing of a residence;
(H) Payments of bills for merchandise, telegrams, telephone, freight, storage, and similar charges;
(I) Payments made by record owners to the actual owners of dividends and other distributions on stock, earnings from savings and loan associations, mutual savings banks, credit unions, etc., interest, or similar payments;
(J) Payments made to employees of interstate carriers that are exempted from reporting by Public Law 91-569; and
(K) Payments made to principals by persons carrying on the banking business, and by persons which are mutual savings banks, cooperative banks, building and loan associations, homestead associations, credit unions, or similar organizations chartered and supervised by Federal or State law, of funds collected when acting in the capacity of collection agents. This exception does not apply to collection of items on a regular and continuing basis under a so-called escrow, trust, custody or investment advisory agreement. However, returns of information are not required unless payment is of the type with respect to which such returns would otherwise be required under Section 18637 if the payor were engaged in a trade or business. The exception from reporting set forth in this paragraph shall apply until such time as the Franchise Tax Board determines that it is feasible for such persons to report the payments, and this paragraph is amended accordingly to require such reporting.

Credits

History
1. Repealer and new section filed 8-27-71; effective thirtieth day thereafter (Register 71, No. 35).
2. Change without regulatory effect renumbering and amending former section 18801-18804(b) to section 18631-18681(b) filed 11-23-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 48).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 18, § 18631-18681(b), 18 CA ADC § 18631-18681(b)
End of Document