Form Ftb 3548 - Disabled Access Credit For Eligible Small Businesses - 2016 Page 2
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2Eligible access expenditures are the amounts the eligible small
This credit is taken in lieu of any deduction or credit otherwise allowable
business pays or incurs to comply with applicable requirements under
for the same eligible access expenditures. Any deduction allowed for
the Americans with Disabilities Act of 1990. Eligible access expenditures
these same expenditures must be reduced by the amount of credit
include amounts paid or incurred to:
claimed and/or assigned to an affiliated corporation for the current
taxable year (the amount shown on line 9a and b).
1. Remove architectural, communication, physical, or transportation
barriers that prevent a business from being accessible to, or usable
Taxpayers that claim this credit cannot increase the basis of the property,
by individuals with disabilities, but only in connection with a facility
with respect to the eligible access expenditures paid or incurred in
first placed in service before November 6, 1990 (the effective date of
connection with such property, by the amount of credit claimed and/
the Americans with Disabilities Act of 1990).
or assigned to an affiliated corporation for the current taxable year (the
2. Provide qualified interpreters or other methods of making audio
amount shown on line 9a and line b).
materials available to hearing‑impaired individuals.
This credit is not refundable.
3. Provide qualified readers, taped texts, and other methods of making
G
Assignment of Credits
visual materials available to individuals with visual impairments.
4. Acquire or modify equipment or devices for individuals with
Assigned Credits to Affiliated Corporations – Credit earned by
disabilities.
members of a combined reporting group may be assigned to an affiliated
5. Provide other similar services, modifications, materials, or
corporation that is a member of the same combined reporting group. A
equipment.
credit assigned may only be claimed by the affiliated corporation against
The expenditures must be reasonable and necessary to accomplish the
its tax liability. For more information, get form FTB 3544, Election to
above purposes. See IRC Section 44(c) for further details.
Assign Credit Within Combined Reporting Group, or form FTB 3544A,
List of Assigned Credit Received and/or Claimed by Assignee, or go to
Disability for an individual (as defined by the Americans with Disabilities
ftb.ca.gov and search for credit assignment.
Act of 1990) means:
1. A physical or mental impairment that substantially limits one or more
H
Carryover
of the major life activities of that individual.
If the available credit exceeds the current year tax liability, the taxpayer
2. A record of an impairment described in 1 above, or
can carry the unused credit over to succeeding years until exhausted.
3. Being regarded as having an impairment described in 1 above.
Apply the carryover to the earliest taxable year possible. In no event can
F
Limitations
the taxpayer carry the credit back and apply it against a prior year’s tax.
The amount of credit generated for any taxable year is limited to $125.
Specific Line Instructions
This limitation applies at the entity level (for S corporations) as well as
to each shareholder. S corporations may claim only 1/3 of the credit (not
to exceed $41.67) against the 1.5% entity‑level tax (3.5% for financial
Line 1 – Eligible access expenditures
S corporations), the remaining 2/3 must be disregarded and may not be
Enter the total eligible access expenditures paid or incurred during the
used as carryover. S corporations can pass through 100% of the credit
current taxable year.
(not to exceed the $125 limitation) to their shareholders.
Line 5 – Pass-through disabled access credit
If a C corporation had unused credit carryovers when it elected
If you received more than one pass‑through credit from S corporations,
S corporation status, the carryovers were reduced to 1/3 and transferred
estates, trusts, partnerships, or LLCs classified as partnerships, add the
to the S corporation. The remaining 2/3 were disregarded. The allowable
amounts and enter the total on line 5. Attach a schedule showing the
carryovers may be used to offset the 1.5% tax on net income in
names and identification numbers of the entities from which the credits
accordance with the respective carryover rules. These C corporation
were passed through to you.
carryovers may not be passed through to shareholders. For more
information, get Schedule C (100S), S Corporation Tax Credits.
Line 9a – Credit claimed
If a taxpayer owns an interest in a disregarded business entity [a single
Do not include assigned credits claimed on form FTB 3544A.
member limited liability company (SMLLC) not recognized by California,
This amount may be less than the amount on line 8 if your credit
and for tax purposes is treated as a sole proprietorship owned by an
is limited by your tax liability. For more information, see General
individual or a branch owned by a corporation], the credit amount
Information F, Limitations, and refer to the credit instructions in your tax
received from the disregarded entity that can be utilized is limited to the
booklet. Use credit code 205 when you claim this credit.
difference between the taxpayer’s regular tax figured with the income of
Line 9b – Total credit assigned
the disregarded entity, and the taxpayer’s regular tax figured without the
Corporations that assign credit to other corporations within combined
income of the disregarded entity.
reporting group must complete form FTB 3544. Enter the total amount
For more information on SMLLC, get form 568, Limited Liability
of credit assigned from form FTB 3544, column (g) on this line.
Company Tax Booklet
If the disregarded entity reports a loss, the taxpayer may not claim the
credit this year but can carry over the credit amount received from the
disregarded entity to succeeding years.
This credit cannot reduce the minimum franchise tax (corporations and
S corporations), the annual tax (limited partnerships, limited liability
partnerships, and LLCs classified as partnerships), the alternative
minimum tax (corporations, exempt organizations, individuals, and
fiduciaries), the built‑in gains tax (S corporations), or the excess net
passive income tax (S corporations).
This credit cannot reduce regular tax below the tentative minimum tax.
Get Schedule P (100, 100W, 540, 540NR, or 541) Alternative Minimum
Tax and Credit Limitations, for more information.
Page 2 FTB 3548 Instructions 2016
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