State Codes and Statutes

Statutes > California > Rtc > 17062-17063

REVENUE AND TAXATION CODE
SECTION 17062-17063



17062.  (a) In addition to the other taxes imposed by this part,
there is hereby imposed for each taxable year, a tax equal to the
excess, if any, of--
   (1) The tentative minimum tax for the taxable year, over
   (2) The regular tax for the taxable year.
   (b) For purposes of this chapter, each of the following shall
apply:
   (1) The tentative minimum tax shall be computed in accordance with
Sections 55 to 59, inclusive, of the Internal Revenue Code, except
as otherwise provided in this part.
   (2) The regular tax shall be the amount of tax imposed by Section
17041 or 17048, before reduction for any credits against the tax,
less any amount imposed under paragraph (1) of subdivision (d) and
paragraph (1) of subdivision (e) of Section 17560.
   (3) (A) The provisions of Section 55(b)(1) of the Internal Revenue
Code shall be modified to provide that the tentative minimum tax for
the taxable year shall be equal to the following percent of so much
of the alternative minimum taxable income for the taxable year as
exceeds the exemption amount, before reduction for any credits
against the tax:
   (i) For any taxable year beginning on or after January 1, 1991,
and before January 1, 1996, 8.5 percent.
   (ii) For any taxable year beginning on or after January 1, 1996,
and before January 1, 2009, 7 percent.
   (iii) For taxable years beginning on and after January 1, 2009,
and before January 1, 2011, 7.25 percent.
   (iv) For any taxable year beginning on or after January 1, 2011, 7
percent.
   (B) In the case of a nonresident or part-year resident, the
tentative minimum tax shall be computed by multiplying the
alternative minimum taxable income of the nonresident or part-year
resident, as defined in subparagraph (C), by a rate (expressed as a
percentage) equal to the tax computed under subdivision (b) on the
alternative minimum taxable income of the nonresident or part-year
resident as if the nonresident or part-year resident were a resident
of this state for the taxable year and as if the nonresident or
part-year resident were a resident of this state for all prior
taxable years for any carryover items, deferred income, suspended
losses, or suspended deductions, divided by the amount of that
income.
   (C) For purposes of this section, the term "alternative minimum
taxable income of a nonresident or part-year resident" includes each
of the following:
   (i) For any period during which the taxpayer was a resident of
this state (as defined by Section 17014), all items of alternative
minimum taxable income (as modified for purposes of this chapter),
regardless of source.
   (ii) For any period during which the taxpayer was not a resident
of this state, alternative minimum taxable income (as modified for
purposes of this chapter) which were derived from sources within this
state, determined in accordance with Article 9 of Chapter 3
(commencing with Section 17301) and Chapter 11 (commencing with
Section 17951).
   (iii) For purposes of computing "alternative minimum taxable
income of a nonresident or part-year resident," any carryover items,
deferred income, suspended losses, or suspended deductions shall only
be allowable to the extent that the carryover item, suspended loss,
or suspended deduction was derived from sources within this state.
   (4) The provisions of Section 55(b)(2) of the Internal Revenue
Code, relating to alternative minimum taxable income, shall be
modified to provide that alternative minimum taxable income shall not
include the income, adjustments, and items of tax preference
attributable to any trade or business of a qualified taxpayer.
   (A) For purposes of this paragraph, "qualified taxpayer" means a
taxpayer who meets both of the following:
   (i) Is the owner of, or has an ownership interest in, a trade or
business.
   (ii) Has aggregate gross receipts, less returns and allowances, of
less than one million dollars ($1,000,000) during the taxable year
from all trades or businesses of which the taxpayer is the owner or
has an ownership interest, in the amount of that taxpayer's
proportionate interest in each trade or business.
   (B) For purposes of this paragraph, "aggregate gross receipts,
less returns and allowances" means the sum of the gross receipts of
the trades or businesses that the taxpayer owns and the proportionate
interest of the gross receipts of the trades or businesses that the
taxpayer owns and of pass-through entities in which the taxpayer
holds an interest.
   (C) For purposes of this paragraph, "gross receipts, less returns
and allowances" means the sum of the gross receipts from the
production of business income, as defined in subdivision (a) of
Section 25120, and the gross receipts from the production of
nonbusiness income, as defined in subdivision (d) of Section 25120.
   (D) For purposes of this paragraph, "proportionate interest"
means:
   (i) In the case of a pass-through entity that reports a profit for
the taxable year, the taxpayer's profit interest in the entity at
the end of the taxpayer's taxable year.
   (ii) In the case of a pass-through entity that reports a loss for
the taxable year, the taxpayer's loss interest in the entity at the
end of the taxpayer's taxable year.
   (iii) In the case of a pass-through entity that is sold or
liquidates during the taxable year, the taxpayer's capital account
interest in the entity at the time of the sale or liquidation.
   (E) (i) For purposes of this paragraph, "proportionate interest"
includes an interest in a pass-through entity.
   (ii) For purposes of this paragraph, "pass-through entity" means
any of the following:
   (I) A partnership, as defined by Section 17008.
   (II) An "S" corporation, as provided in Chapter 4.5 (commencing
with Section 23800) of Part 11.
   (III) A regulated investment company, as provided in Section
24871.
   (IV) A real estate investment trust, as provided in Section 24872.
   (V) A real estate mortgage investment conduit, as provided in
Section 24874.
   (5) For taxable years beginning on or after January 1, 1998,
Section 55(d)(1) of the Internal Revenue Code, relating to exemption
amount for taxpayers other than corporations is modified, for
purposes of this part, to provide the following exemption amounts in
lieu of those contained therein:
   (A) Fifty-seven thousand two hundred sixty dollars ($57,260) in
the case of either of the following:
   (i) A joint return.
   (ii) A surviving spouse.
   (B) Forty-two thousand nine hundred forty-five dollars ($42,945)
in the case of an individual who is both of the following:
   (i) Not a married individual.
   (ii) Not a surviving spouse.
   (C) Twenty-eight thousand six hundred thirty dollars ($28,630) in
the case of either of the following:
   (i) A married individual who files a separate return.
   (ii) An estate or trust.
   (6) For taxable years beginning on or after January 1, 1998,
Section 55(d)(3) of the Internal Revenue Code, relating to phaseout
of exemption amount, is modified, for purposes of this part, to
provide the following phaseout of exemption amounts in lieu of those
contained therein:
   (A) Two hundred fourteen thousand seven hundred twenty-five
dollars ($214,725) in the case of a taxpayer described in
subparagraph (A) of paragraph (5).
   (B) One hundred sixty-one thousand forty-four dollars ($161,044)
in the case of a taxpayer described in subparagraph (B) of paragraph
(5).
   (C) One hundred seven thousand three hundred sixty-two dollars
($107,362) in the case of a taxpayer described in subparagraph (C) of
paragraph (5).
   (7) For each taxable year beginning on or after January 1, 1999,
the Franchise Tax Board shall recompute the exemption amounts
prescribed in paragraph (5) and the phaseout of exemption amounts
prescribed in paragraph (6). Those computations shall be made as
follows:
   (A) The California Department of Industrial Relations shall
transmit annually to the Franchise Tax Board the percentage change in
the California Consumer Price Index for all items from June of the
prior calendar year to June of the current calendar year, no later
than August 1 of the current calendar year.
   (B) The Franchise Tax Board shall do both of the following:
   (i) Compute an inflation adjustment factor by adding 100 percent
to the percentage change figure that is furnished pursuant to
subparagraph (A) and dividing the result by 100.
   (ii) Multiply the preceding taxable year exemption amounts and the
phaseout of exemption amounts by the inflation adjustment factor
determined in clause (i) and round off the resulting products to the
nearest one dollar ($1).
   (c) (1) (A) Section 56(a)(6) of the Internal Revenue Code as in
effect on January 1, 1997, relating to installment sales of certain
property, shall not apply to payments received in taxable years
beginning on or after January 1, 1997, with respect to dispositions
occurring in taxable years beginning after December 31, 1987.
   (B) This paragraph shall not apply to taxable years beginning on
or after January 1, 1998.
   (2) Section 56(b)(1)(E) of the Internal Revenue Code, relating to
standard deduction and deduction for personal exemptions not allowed,
is modified, for purposes of this part, to deny the standard
deduction allowed by Section 17073.5.
   (3) Section 56(b)(3) of the Internal Revenue Code, relating to
treatment of incentive stock options, shall be modified to
additionally provide the following:
   (A) Section 421 of the Internal Revenue Code shall not apply to
the transfer of stock acquired pursuant to the exercise of a
California qualified stock option under Section 17502.
   (B) Section 422(c)(2) of the Internal Revenue Code shall apply in
any case where the disposition and inclusion of a California
qualified stock option for purposes of this chapter are within the
same taxable year and that section shall not apply in any other case.
   (C) The adjusted basis of any stock acquired by the exercise of a
California qualified stock option shall be determined on the basis of
the treatment prescribed by this paragraph.
   (d) The provisions of Section 57(a)(5) of the Internal Revenue
Code, relating to tax-exempt interest shall not apply.
   (e) Section 57(a) of the Internal Revenue Code is modified to
include as an item of tax preference an amount equal to one-half of
the amount excluded from gross income for the taxable year under
Section 18152.5.
   (f) The provisions of Section 59(a) of the Internal Revenue Code,
relating to the alternative minimum tax foreign tax credit, shall not
apply.
   (g) The provisions of Section 56(d)(3), relating to net operating
loss attributable to federally declared disasters, shall not apply.



17062.3.  The amendments made to Section 56 of the Internal Revenue
Code, relating to adjustments in computing alternative minimum
taxable income by Section 4(1) of Public Law 106-519, relating to the
exclusion under Section 114 of the Internal Revenue Code, shall not
apply.



17062.3.  The amendments made to Section 56 of the Internal Revenue
Code, relating to adjustments in computing alternative minimum
taxable income by Section 4(1) of Public Law 106-519, relating to the
exclusion under Section 114 of the Internal Revenue Code, shall not
apply.



17062.5.  Section 55(b)(3) of the Internal Revenue Code, relating to
maximum rate of tax on net capital gain of noncorporate taxpayers,
shall not apply.


17063.  (a) There shall be allowed as a credit against the net tax
(as defined by Section 17039) for any taxable year an amount equal to
the minimum tax credit for that taxable year.
   (b) For purposes of subdivision (a), the minimum tax credit shall
be determined in accordance with Section 53 of the Internal Revenue
Code, except as otherwise provided in this part.
   (c) For purposes of this chapter, the amount determined under
Section 53(c)(1) of the Internal Revenue Code shall be the regular
tax as defined by paragraph (2) of subdivision (b) of Section 17062,
reduced by the sum of the credits allowable under this part, other
than:
   (1) The credits described in paragraph (7) of subdivision (a) of
Section 17039.
   (2) Any credit that reduces the tax below the tentative minimum
tax, as defined by Section 17062.
   (d) Section 53(d)(1)(B)(ii)(II) of the Internal Revenue Code is
modified to include subdivision (e) of Section 17062, as a specified
item.
   (e) Section 53(e) of the Internal Revenue Code, relating to the
special rule for individuals with long-term unused credits, shall not
apply.

State Codes and Statutes

Statutes > California > Rtc > 17062-17063

REVENUE AND TAXATION CODE
SECTION 17062-17063



17062.  (a) In addition to the other taxes imposed by this part,
there is hereby imposed for each taxable year, a tax equal to the
excess, if any, of--
   (1) The tentative minimum tax for the taxable year, over
   (2) The regular tax for the taxable year.
   (b) For purposes of this chapter, each of the following shall
apply:
   (1) The tentative minimum tax shall be computed in accordance with
Sections 55 to 59, inclusive, of the Internal Revenue Code, except
as otherwise provided in this part.
   (2) The regular tax shall be the amount of tax imposed by Section
17041 or 17048, before reduction for any credits against the tax,
less any amount imposed under paragraph (1) of subdivision (d) and
paragraph (1) of subdivision (e) of Section 17560.
   (3) (A) The provisions of Section 55(b)(1) of the Internal Revenue
Code shall be modified to provide that the tentative minimum tax for
the taxable year shall be equal to the following percent of so much
of the alternative minimum taxable income for the taxable year as
exceeds the exemption amount, before reduction for any credits
against the tax:
   (i) For any taxable year beginning on or after January 1, 1991,
and before January 1, 1996, 8.5 percent.
   (ii) For any taxable year beginning on or after January 1, 1996,
and before January 1, 2009, 7 percent.
   (iii) For taxable years beginning on and after January 1, 2009,
and before January 1, 2011, 7.25 percent.
   (iv) For any taxable year beginning on or after January 1, 2011, 7
percent.
   (B) In the case of a nonresident or part-year resident, the
tentative minimum tax shall be computed by multiplying the
alternative minimum taxable income of the nonresident or part-year
resident, as defined in subparagraph (C), by a rate (expressed as a
percentage) equal to the tax computed under subdivision (b) on the
alternative minimum taxable income of the nonresident or part-year
resident as if the nonresident or part-year resident were a resident
of this state for the taxable year and as if the nonresident or
part-year resident were a resident of this state for all prior
taxable years for any carryover items, deferred income, suspended
losses, or suspended deductions, divided by the amount of that
income.
   (C) For purposes of this section, the term "alternative minimum
taxable income of a nonresident or part-year resident" includes each
of the following:
   (i) For any period during which the taxpayer was a resident of
this state (as defined by Section 17014), all items of alternative
minimum taxable income (as modified for purposes of this chapter),
regardless of source.
   (ii) For any period during which the taxpayer was not a resident
of this state, alternative minimum taxable income (as modified for
purposes of this chapter) which were derived from sources within this
state, determined in accordance with Article 9 of Chapter 3
(commencing with Section 17301) and Chapter 11 (commencing with
Section 17951).
   (iii) For purposes of computing "alternative minimum taxable
income of a nonresident or part-year resident," any carryover items,
deferred income, suspended losses, or suspended deductions shall only
be allowable to the extent that the carryover item, suspended loss,
or suspended deduction was derived from sources within this state.
   (4) The provisions of Section 55(b)(2) of the Internal Revenue
Code, relating to alternative minimum taxable income, shall be
modified to provide that alternative minimum taxable income shall not
include the income, adjustments, and items of tax preference
attributable to any trade or business of a qualified taxpayer.
   (A) For purposes of this paragraph, "qualified taxpayer" means a
taxpayer who meets both of the following:
   (i) Is the owner of, or has an ownership interest in, a trade or
business.
   (ii) Has aggregate gross receipts, less returns and allowances, of
less than one million dollars ($1,000,000) during the taxable year
from all trades or businesses of which the taxpayer is the owner or
has an ownership interest, in the amount of that taxpayer's
proportionate interest in each trade or business.
   (B) For purposes of this paragraph, "aggregate gross receipts,
less returns and allowances" means the sum of the gross receipts of
the trades or businesses that the taxpayer owns and the proportionate
interest of the gross receipts of the trades or businesses that the
taxpayer owns and of pass-through entities in which the taxpayer
holds an interest.
   (C) For purposes of this paragraph, "gross receipts, less returns
and allowances" means the sum of the gross receipts from the
production of business income, as defined in subdivision (a) of
Section 25120, and the gross receipts from the production of
nonbusiness income, as defined in subdivision (d) of Section 25120.
   (D) For purposes of this paragraph, "proportionate interest"
means:
   (i) In the case of a pass-through entity that reports a profit for
the taxable year, the taxpayer's profit interest in the entity at
the end of the taxpayer's taxable year.
   (ii) In the case of a pass-through entity that reports a loss for
the taxable year, the taxpayer's loss interest in the entity at the
end of the taxpayer's taxable year.
   (iii) In the case of a pass-through entity that is sold or
liquidates during the taxable year, the taxpayer's capital account
interest in the entity at the time of the sale or liquidation.
   (E) (i) For purposes of this paragraph, "proportionate interest"
includes an interest in a pass-through entity.
   (ii) For purposes of this paragraph, "pass-through entity" means
any of the following:
   (I) A partnership, as defined by Section 17008.
   (II) An "S" corporation, as provided in Chapter 4.5 (commencing
with Section 23800) of Part 11.
   (III) A regulated investment company, as provided in Section
24871.
   (IV) A real estate investment trust, as provided in Section 24872.
   (V) A real estate mortgage investment conduit, as provided in
Section 24874.
   (5) For taxable years beginning on or after January 1, 1998,
Section 55(d)(1) of the Internal Revenue Code, relating to exemption
amount for taxpayers other than corporations is modified, for
purposes of this part, to provide the following exemption amounts in
lieu of those contained therein:
   (A) Fifty-seven thousand two hundred sixty dollars ($57,260) in
the case of either of the following:
   (i) A joint return.
   (ii) A surviving spouse.
   (B) Forty-two thousand nine hundred forty-five dollars ($42,945)
in the case of an individual who is both of the following:
   (i) Not a married individual.
   (ii) Not a surviving spouse.
   (C) Twenty-eight thousand six hundred thirty dollars ($28,630) in
the case of either of the following:
   (i) A married individual who files a separate return.
   (ii) An estate or trust.
   (6) For taxable years beginning on or after January 1, 1998,
Section 55(d)(3) of the Internal Revenue Code, relating to phaseout
of exemption amount, is modified, for purposes of this part, to
provide the following phaseout of exemption amounts in lieu of those
contained therein:
   (A) Two hundred fourteen thousand seven hundred twenty-five
dollars ($214,725) in the case of a taxpayer described in
subparagraph (A) of paragraph (5).
   (B) One hundred sixty-one thousand forty-four dollars ($161,044)
in the case of a taxpayer described in subparagraph (B) of paragraph
(5).
   (C) One hundred seven thousand three hundred sixty-two dollars
($107,362) in the case of a taxpayer described in subparagraph (C) of
paragraph (5).
   (7) For each taxable year beginning on or after January 1, 1999,
the Franchise Tax Board shall recompute the exemption amounts
prescribed in paragraph (5) and the phaseout of exemption amounts
prescribed in paragraph (6). Those computations shall be made as
follows:
   (A) The California Department of Industrial Relations shall
transmit annually to the Franchise Tax Board the percentage change in
the California Consumer Price Index for all items from June of the
prior calendar year to June of the current calendar year, no later
than August 1 of the current calendar year.
   (B) The Franchise Tax Board shall do both of the following:
   (i) Compute an inflation adjustment factor by adding 100 percent
to the percentage change figure that is furnished pursuant to
subparagraph (A) and dividing the result by 100.
   (ii) Multiply the preceding taxable year exemption amounts and the
phaseout of exemption amounts by the inflation adjustment factor
determined in clause (i) and round off the resulting products to the
nearest one dollar ($1).
   (c) (1) (A) Section 56(a)(6) of the Internal Revenue Code as in
effect on January 1, 1997, relating to installment sales of certain
property, shall not apply to payments received in taxable years
beginning on or after January 1, 1997, with respect to dispositions
occurring in taxable years beginning after December 31, 1987.
   (B) This paragraph shall not apply to taxable years beginning on
or after January 1, 1998.
   (2) Section 56(b)(1)(E) of the Internal Revenue Code, relating to
standard deduction and deduction for personal exemptions not allowed,
is modified, for purposes of this part, to deny the standard
deduction allowed by Section 17073.5.
   (3) Section 56(b)(3) of the Internal Revenue Code, relating to
treatment of incentive stock options, shall be modified to
additionally provide the following:
   (A) Section 421 of the Internal Revenue Code shall not apply to
the transfer of stock acquired pursuant to the exercise of a
California qualified stock option under Section 17502.
   (B) Section 422(c)(2) of the Internal Revenue Code shall apply in
any case where the disposition and inclusion of a California
qualified stock option for purposes of this chapter are within the
same taxable year and that section shall not apply in any other case.
   (C) The adjusted basis of any stock acquired by the exercise of a
California qualified stock option shall be determined on the basis of
the treatment prescribed by this paragraph.
   (d) The provisions of Section 57(a)(5) of the Internal Revenue
Code, relating to tax-exempt interest shall not apply.
   (e) Section 57(a) of the Internal Revenue Code is modified to
include as an item of tax preference an amount equal to one-half of
the amount excluded from gross income for the taxable year under
Section 18152.5.
   (f) The provisions of Section 59(a) of the Internal Revenue Code,
relating to the alternative minimum tax foreign tax credit, shall not
apply.
   (g) The provisions of Section 56(d)(3), relating to net operating
loss attributable to federally declared disasters, shall not apply.



17062.3.  The amendments made to Section 56 of the Internal Revenue
Code, relating to adjustments in computing alternative minimum
taxable income by Section 4(1) of Public Law 106-519, relating to the
exclusion under Section 114 of the Internal Revenue Code, shall not
apply.



17062.3.  The amendments made to Section 56 of the Internal Revenue
Code, relating to adjustments in computing alternative minimum
taxable income by Section 4(1) of Public Law 106-519, relating to the
exclusion under Section 114 of the Internal Revenue Code, shall not
apply.



17062.5.  Section 55(b)(3) of the Internal Revenue Code, relating to
maximum rate of tax on net capital gain of noncorporate taxpayers,
shall not apply.


17063.  (a) There shall be allowed as a credit against the net tax
(as defined by Section 17039) for any taxable year an amount equal to
the minimum tax credit for that taxable year.
   (b) For purposes of subdivision (a), the minimum tax credit shall
be determined in accordance with Section 53 of the Internal Revenue
Code, except as otherwise provided in this part.
   (c) For purposes of this chapter, the amount determined under
Section 53(c)(1) of the Internal Revenue Code shall be the regular
tax as defined by paragraph (2) of subdivision (b) of Section 17062,
reduced by the sum of the credits allowable under this part, other
than:
   (1) The credits described in paragraph (7) of subdivision (a) of
Section 17039.
   (2) Any credit that reduces the tax below the tentative minimum
tax, as defined by Section 17062.
   (d) Section 53(d)(1)(B)(ii)(II) of the Internal Revenue Code is
modified to include subdivision (e) of Section 17062, as a specified
item.
   (e) Section 53(e) of the Internal Revenue Code, relating to the
special rule for individuals with long-term unused credits, shall not
apply.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Rtc > 17062-17063

REVENUE AND TAXATION CODE
SECTION 17062-17063



17062.  (a) In addition to the other taxes imposed by this part,
there is hereby imposed for each taxable year, a tax equal to the
excess, if any, of--
   (1) The tentative minimum tax for the taxable year, over
   (2) The regular tax for the taxable year.
   (b) For purposes of this chapter, each of the following shall
apply:
   (1) The tentative minimum tax shall be computed in accordance with
Sections 55 to 59, inclusive, of the Internal Revenue Code, except
as otherwise provided in this part.
   (2) The regular tax shall be the amount of tax imposed by Section
17041 or 17048, before reduction for any credits against the tax,
less any amount imposed under paragraph (1) of subdivision (d) and
paragraph (1) of subdivision (e) of Section 17560.
   (3) (A) The provisions of Section 55(b)(1) of the Internal Revenue
Code shall be modified to provide that the tentative minimum tax for
the taxable year shall be equal to the following percent of so much
of the alternative minimum taxable income for the taxable year as
exceeds the exemption amount, before reduction for any credits
against the tax:
   (i) For any taxable year beginning on or after January 1, 1991,
and before January 1, 1996, 8.5 percent.
   (ii) For any taxable year beginning on or after January 1, 1996,
and before January 1, 2009, 7 percent.
   (iii) For taxable years beginning on and after January 1, 2009,
and before January 1, 2011, 7.25 percent.
   (iv) For any taxable year beginning on or after January 1, 2011, 7
percent.
   (B) In the case of a nonresident or part-year resident, the
tentative minimum tax shall be computed by multiplying the
alternative minimum taxable income of the nonresident or part-year
resident, as defined in subparagraph (C), by a rate (expressed as a
percentage) equal to the tax computed under subdivision (b) on the
alternative minimum taxable income of the nonresident or part-year
resident as if the nonresident or part-year resident were a resident
of this state for the taxable year and as if the nonresident or
part-year resident were a resident of this state for all prior
taxable years for any carryover items, deferred income, suspended
losses, or suspended deductions, divided by the amount of that
income.
   (C) For purposes of this section, the term "alternative minimum
taxable income of a nonresident or part-year resident" includes each
of the following:
   (i) For any period during which the taxpayer was a resident of
this state (as defined by Section 17014), all items of alternative
minimum taxable income (as modified for purposes of this chapter),
regardless of source.
   (ii) For any period during which the taxpayer was not a resident
of this state, alternative minimum taxable income (as modified for
purposes of this chapter) which were derived from sources within this
state, determined in accordance with Article 9 of Chapter 3
(commencing with Section 17301) and Chapter 11 (commencing with
Section 17951).
   (iii) For purposes of computing "alternative minimum taxable
income of a nonresident or part-year resident," any carryover items,
deferred income, suspended losses, or suspended deductions shall only
be allowable to the extent that the carryover item, suspended loss,
or suspended deduction was derived from sources within this state.
   (4) The provisions of Section 55(b)(2) of the Internal Revenue
Code, relating to alternative minimum taxable income, shall be
modified to provide that alternative minimum taxable income shall not
include the income, adjustments, and items of tax preference
attributable to any trade or business of a qualified taxpayer.
   (A) For purposes of this paragraph, "qualified taxpayer" means a
taxpayer who meets both of the following:
   (i) Is the owner of, or has an ownership interest in, a trade or
business.
   (ii) Has aggregate gross receipts, less returns and allowances, of
less than one million dollars ($1,000,000) during the taxable year
from all trades or businesses of which the taxpayer is the owner or
has an ownership interest, in the amount of that taxpayer's
proportionate interest in each trade or business.
   (B) For purposes of this paragraph, "aggregate gross receipts,
less returns and allowances" means the sum of the gross receipts of
the trades or businesses that the taxpayer owns and the proportionate
interest of the gross receipts of the trades or businesses that the
taxpayer owns and of pass-through entities in which the taxpayer
holds an interest.
   (C) For purposes of this paragraph, "gross receipts, less returns
and allowances" means the sum of the gross receipts from the
production of business income, as defined in subdivision (a) of
Section 25120, and the gross receipts from the production of
nonbusiness income, as defined in subdivision (d) of Section 25120.
   (D) For purposes of this paragraph, "proportionate interest"
means:
   (i) In the case of a pass-through entity that reports a profit for
the taxable year, the taxpayer's profit interest in the entity at
the end of the taxpayer's taxable year.
   (ii) In the case of a pass-through entity that reports a loss for
the taxable year, the taxpayer's loss interest in the entity at the
end of the taxpayer's taxable year.
   (iii) In the case of a pass-through entity that is sold or
liquidates during the taxable year, the taxpayer's capital account
interest in the entity at the time of the sale or liquidation.
   (E) (i) For purposes of this paragraph, "proportionate interest"
includes an interest in a pass-through entity.
   (ii) For purposes of this paragraph, "pass-through entity" means
any of the following:
   (I) A partnership, as defined by Section 17008.
   (II) An "S" corporation, as provided in Chapter 4.5 (commencing
with Section 23800) of Part 11.
   (III) A regulated investment company, as provided in Section
24871.
   (IV) A real estate investment trust, as provided in Section 24872.
   (V) A real estate mortgage investment conduit, as provided in
Section 24874.
   (5) For taxable years beginning on or after January 1, 1998,
Section 55(d)(1) of the Internal Revenue Code, relating to exemption
amount for taxpayers other than corporations is modified, for
purposes of this part, to provide the following exemption amounts in
lieu of those contained therein:
   (A) Fifty-seven thousand two hundred sixty dollars ($57,260) in
the case of either of the following:
   (i) A joint return.
   (ii) A surviving spouse.
   (B) Forty-two thousand nine hundred forty-five dollars ($42,945)
in the case of an individual who is both of the following:
   (i) Not a married individual.
   (ii) Not a surviving spouse.
   (C) Twenty-eight thousand six hundred thirty dollars ($28,630) in
the case of either of the following:
   (i) A married individual who files a separate return.
   (ii) An estate or trust.
   (6) For taxable years beginning on or after January 1, 1998,
Section 55(d)(3) of the Internal Revenue Code, relating to phaseout
of exemption amount, is modified, for purposes of this part, to
provide the following phaseout of exemption amounts in lieu of those
contained therein:
   (A) Two hundred fourteen thousand seven hundred twenty-five
dollars ($214,725) in the case of a taxpayer described in
subparagraph (A) of paragraph (5).
   (B) One hundred sixty-one thousand forty-four dollars ($161,044)
in the case of a taxpayer described in subparagraph (B) of paragraph
(5).
   (C) One hundred seven thousand three hundred sixty-two dollars
($107,362) in the case of a taxpayer described in subparagraph (C) of
paragraph (5).
   (7) For each taxable year beginning on or after January 1, 1999,
the Franchise Tax Board shall recompute the exemption amounts
prescribed in paragraph (5) and the phaseout of exemption amounts
prescribed in paragraph (6). Those computations shall be made as
follows:
   (A) The California Department of Industrial Relations shall
transmit annually to the Franchise Tax Board the percentage change in
the California Consumer Price Index for all items from June of the
prior calendar year to June of the current calendar year, no later
than August 1 of the current calendar year.
   (B) The Franchise Tax Board shall do both of the following:
   (i) Compute an inflation adjustment factor by adding 100 percent
to the percentage change figure that is furnished pursuant to
subparagraph (A) and dividing the result by 100.
   (ii) Multiply the preceding taxable year exemption amounts and the
phaseout of exemption amounts by the inflation adjustment factor
determined in clause (i) and round off the resulting products to the
nearest one dollar ($1).
   (c) (1) (A) Section 56(a)(6) of the Internal Revenue Code as in
effect on January 1, 1997, relating to installment sales of certain
property, shall not apply to payments received in taxable years
beginning on or after January 1, 1997, with respect to dispositions
occurring in taxable years beginning after December 31, 1987.
   (B) This paragraph shall not apply to taxable years beginning on
or after January 1, 1998.
   (2) Section 56(b)(1)(E) of the Internal Revenue Code, relating to
standard deduction and deduction for personal exemptions not allowed,
is modified, for purposes of this part, to deny the standard
deduction allowed by Section 17073.5.
   (3) Section 56(b)(3) of the Internal Revenue Code, relating to
treatment of incentive stock options, shall be modified to
additionally provide the following:
   (A) Section 421 of the Internal Revenue Code shall not apply to
the transfer of stock acquired pursuant to the exercise of a
California qualified stock option under Section 17502.
   (B) Section 422(c)(2) of the Internal Revenue Code shall apply in
any case where the disposition and inclusion of a California
qualified stock option for purposes of this chapter are within the
same taxable year and that section shall not apply in any other case.
   (C) The adjusted basis of any stock acquired by the exercise of a
California qualified stock option shall be determined on the basis of
the treatment prescribed by this paragraph.
   (d) The provisions of Section 57(a)(5) of the Internal Revenue
Code, relating to tax-exempt interest shall not apply.
   (e) Section 57(a) of the Internal Revenue Code is modified to
include as an item of tax preference an amount equal to one-half of
the amount excluded from gross income for the taxable year under
Section 18152.5.
   (f) The provisions of Section 59(a) of the Internal Revenue Code,
relating to the alternative minimum tax foreign tax credit, shall not
apply.
   (g) The provisions of Section 56(d)(3), relating to net operating
loss attributable to federally declared disasters, shall not apply.



17062.3.  The amendments made to Section 56 of the Internal Revenue
Code, relating to adjustments in computing alternative minimum
taxable income by Section 4(1) of Public Law 106-519, relating to the
exclusion under Section 114 of the Internal Revenue Code, shall not
apply.



17062.3.  The amendments made to Section 56 of the Internal Revenue
Code, relating to adjustments in computing alternative minimum
taxable income by Section 4(1) of Public Law 106-519, relating to the
exclusion under Section 114 of the Internal Revenue Code, shall not
apply.



17062.5.  Section 55(b)(3) of the Internal Revenue Code, relating to
maximum rate of tax on net capital gain of noncorporate taxpayers,
shall not apply.


17063.  (a) There shall be allowed as a credit against the net tax
(as defined by Section 17039) for any taxable year an amount equal to
the minimum tax credit for that taxable year.
   (b) For purposes of subdivision (a), the minimum tax credit shall
be determined in accordance with Section 53 of the Internal Revenue
Code, except as otherwise provided in this part.
   (c) For purposes of this chapter, the amount determined under
Section 53(c)(1) of the Internal Revenue Code shall be the regular
tax as defined by paragraph (2) of subdivision (b) of Section 17062,
reduced by the sum of the credits allowable under this part, other
than:
   (1) The credits described in paragraph (7) of subdivision (a) of
Section 17039.
   (2) Any credit that reduces the tax below the tentative minimum
tax, as defined by Section 17062.
   (d) Section 53(d)(1)(B)(ii)(II) of the Internal Revenue Code is
modified to include subdivision (e) of Section 17062, as a specified
item.
   (e) Section 53(e) of the Internal Revenue Code, relating to the
special rule for individuals with long-term unused credits, shall not
apply.