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Business Taxes Law Guide – Revision 2021
 

Sales And Use Tax Law

CHAPTER 7. OVERPAYMENTS AND REFUNDS

Article 1. Claim for Refund

Section 6902.5


6902.5. Motion picture tax credit. (a) For the purposes of this section:

(1) "Qualified taxpayer" means a person who is a qualified taxpayer within the meaning of paragraph (17) of subdivision (b) of Section 17053.85, 17053.95, 23685, or 23695, or paragraph (19) of subdivision (b) of Section 17053.98 or 23698.

(2) "Affiliate" means a qualified taxpayer's affiliated corporation that has been assigned any portion of the credit amount by the qualified taxpayer pursuant to subdivision (c) of Section 23685, subdivision (c) of Section 23695, or subdivision (c) of Section 23698.

(3) "Credit amount" means an amount equal to the tax credit amount that would otherwise be allowed to a qualified taxpayer pursuant to Section 17053.85 , 17053.95, 17053.98, 23685, 23695, or 23698, but for the election made pursuant to this section.

(4) "Production period" means the production period as defined in paragraph (12) of subdivision (b) of Section 17053.85 , 17053.95, 23685, or 23695 or in paragraph (14) of subdivision (b) of Section 17053.98 or 23698.

(5) (A) "Qualified sales and use taxes" means any state sales and use taxes imposed by Part 1 (commencing with Section 6001), on the operative date of the act adding this section.

(B) Notwithstanding subparagraph (A), "qualified sales and use taxes" does not mean taxes imposed by Section 6051.2, 6051.5, 6201.2, 6201.5, Part 1.5 (commencing with Section 7200), Part 1.6 (commencing with Section 7251), or Section 35 of Article XIII of the California Constitution.

(b) (1) A qualified taxpayer may, in lieu of claiming the credit allowed by Section 17053.85 , 17053.95, 17053.98, 23685, 23695, or 23698, make an irrevocable election to apply the credit amount against qualified sales and use taxes imposed on the qualified taxpayer in accordance with this section.

(2) An affiliate may, in lieu of claiming the assigned portion of the credit allowed by Section 23685, 23695, or 23698, make an irrevocable election to apply the assigned portion of the credit amount against qualified sales and use taxes imposed on the affiliate in accordance with this section.

(c) (1) A qualified taxpayer or affiliate shall submit to the California Department of Tax and Fee Administration an irrevocable election, in a form as prescribed by the California Department of Tax and Fee Administration, which shall include, but not be limited to, the following information:

(A) Representation that the claimant is a qualified taxpayer or an affiliate.

(B) Statement of the dates on which the production period began and ended.

(C) The credit amount, and if an affiliate, the portion of the credit amount assigned to it and documentation supporting the assignment of that portion of the credit amount.

(D) The amount of qualified sales and use taxes the claimant remitted to the California Department of Tax and Fee Administration during the period commencing on the first day of the calendar quarter commencing immediately before the beginning of the production period, and ending on the date the claimant was required to file its most recent sales and use tax return with the California Department of Tax and Fee Administration.

(E) A copy of the credit certificate issued pursuant to subparagraph (C) of paragraph (2) of subdivision (g) of Section 17053.85 or 23685 or subparagraph (D) of paragraph (3) of subdivision (g) of Section 17053.95, 17053.98, 23695, or 23698.

(2) The election shall be filed on or before the date on which the qualified taxpayer or affiliate would first be allowed to claim a credit pursuant to Section 17053.85 , 17053.95, 17053.98, 23685, 23695, or 23698 on its tax return.

(3) (A) For those amounts for which an irrevocable election is made in lieu of tax credits allowed pursuant to Section 17053.85, 17053.95, 17053.98, 23685, 23695, or 23698 that would otherwise be allowed for any taxable year beginning on or after January 1, 2020, and before January 1, 2023, subdivision and paragraph (1) of subdivision (e) shall only apply to those in-lieu credit amounts that do not exceed five million dollars ($5,000,000) for that taxable year.

(B) For those amounts for which an irrevocable election is made in lieu of tax credits allowed pursuant to Section 17053.85, 17053.95, 17053.98, 23685, 23695, or 23698 that would otherwise be allowed for any taxable year beginning on or after January 1, 2020, and before January 1, 2023, that are in excess of five million dollars ($5,000,000) for that taxable year, subdivision (f) shall apply.

(d) (1) The claimant may elect to obtain a refund of qualified sales and use taxes paid during the period described in subparagraph (D) of paragraph (1) of subdivision (c). If the claimant elects to obtain a refund of qualified sales and use taxes, the claimant shall file a claim for refund with the irrevocable election described in subdivision (c). The refund amount shall not exceed, for a qualified taxpayer, the credit amount, or for an affiliate, the portion of the credit amount assigned to it.

(2) No interest shall be paid on any amount refunded or credited pursuant to paragraph (1).

(e) (1) If the claimant does not elect to obtain a refund or in the case where the credit amount, or assigned portion, exceeds the amount of its claim for refund for the qualified sales and use taxes, the claimant may, for the reporting periods in the five years following the last reporting period as described in subparagraph (D) of paragraph (1) of subdivision (c), offset any remaining credit amount, or assigned portion, against the qualified sales and use taxes imposed during those reporting periods.

(2) Notwithstanding paragraph (1), the total amount of refunds or credit offsets claimed under subdivision (d) and paragraph (1) of this subdivision in lieu of tax credits allowed pursuant to Section 17053.85, 17053.95, 17053.98, 23685, 23695, or 23698 that would otherwise be allowed for a taxable year beginning on or after January 1, 2020, and before January 1, 2023, shall not exceed five million dollars ($5,000,000).

(f) Notwithstanding subdivision (d) and paragraph (1) of subdivision (e), for those amounts for which an irrevocable election is made in lieu of tax credits allowed pursuant to Section 17053.85, 17053.95, 17053.98, 23685, 23695, or 23698 that would otherwise be allowed for any taxable year beginning on or after January 1, 2020, and before January 1, 2023, that are in excess of five million dollars ($5,000,000) for that taxable year, the claimant may offset that excess credit amount, or assigned portion, against the qualified sales and use taxes imposed during the reporting periods in the five years following and including the reporting period beginning on and after January 1, 2024.

(g) Section 6961 shall apply to any refund, or part thereof, that is erroneously made and any credit, or part thereof, that is erroneously allowed pursuant to this section.

(h) The California Department of Tax and Fee Administration shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Department of Tax and Fee Administration and the Franchise Tax Board, of the qualified taxpayers, or affiliates that have been assigned a portion of the credit allowed under Section 23685 pursuant to subdivision (c) of Section 23685, Section 23695 pursuant to subdivision (c) of Section 23695, or Section 23698 pursuant to subdivision (c) of Section 23698, who, during the year, have made an irrevocable election pursuant to this section and the credit amount, or portion of the credit amount, claimed by each qualified taxpayer or affiliate.

(i) The California Department of Tax and Fee Administration may prescribe rules and regulations for the administration of this section.

(j) The amendments made to this section by the act adding this subdivision shall not apply to irrevocable elections made before the operative date of the act adding this subdivision.

History—Added by Stats. 2009, Ch. 17, Third Extraordinary Session (SB 15x3) in effect February 20, 2009. Stats. 2014, Ch. 413, (AB 1839), in effect September 18, 2014, replaced "17053.85 or 23685" with "17053.85, 17053.95, 23685, or 23695" in paragraphs (1), (3), and (4) of subdivision (a), paragraph (1) of subdivision (b), and paragraph (2) of subdivision (c); added "or subdivision (c) of Section 23695" after "23685" in paragraph (2) of subdivision (a); added "or 23695" after "Section 23685" in paragraph (2) of subdivision (b); added "or subparagraph (D) or paragraph (3) of subdivision (g) of Section 17053.95 or 23695" after "or 23685" in subparagraph (E) of paragraph (1) of subdivision (c); and added "or Section 23695 pursuant to subdivision (c) of Section 23695" after "Section 23685" in subdivision (g). Stats. 2018, Ch. 54, (SB 871), in effect June 27, 2018, substituted "23695, or paragraph (19) of subdivision (b) of Section 17053.98 or 23698" for "23695" after "17053.95, 23685, or" in paragraph (1), substituted "23685" for "23685 or" after "pursuant to subdivision (c) of Section" and substituted "23695, or subdivision (c) of Section 23698" for "23695" after "Section 23685, subdivision (c) of Section" in paragraph (2), added "17053.98," after "17053.95" and substituted "23695, or 23698," for "or 23695" after "17053.98, 23685," in paragraph (3), and substituted "23695 or in paragraph (14) of subdivision (b) of Section 17053.98 or 23698" for "23695" after "17053.95, 23685, or" in paragraph (4), of subdivision (a); added "17053.98," after "17053.85, 17053.95," and substituted "23695, or 23698" for "23695" after "17053.98, 23685," in paragraph (1), and substituted "23685, 23695, or 23698" for "23685 or 23695" after "credit allowed by Section" in paragraph (2), of subdivision (b); substituted "17053.95, 17053.98, 23695, or 23698" for "17053.95 or 23695" after "of subdivision (g) of Section" in paragraph (1)(E), and added "17053.98" after "17053.85, 17053.95," and substituted "23695, or 23698" for "or 23695" after "17053.98, 23685" in paragraph (2), of subdivision (c); substituted "23685," for "23685 or" after "23685 pursuant to subdivision (c) of Section" and added "or Section 23698 pursuant to subdivision (c) of Section 23698," after "subdivision (c) of Section 23695," to subdivision (g); and substituted "California Department of Tax and Fee Administration" for "board" throughout. Stats. 2020, Ch. 54, (AB 85), in effect June 29, 2020, inserted subdivision (c)(3); designated the existing text as paragraph (1), and added paragraph (2) in subdivision (e); inserted subdivision (f); redesignated former subdivision. (f) to (h) as subdivision (g) to (i); and added subdivision (j).