California Form 3805d - Net Operating Loss (Nol) Carryover Computation And Limitation - Pierce'S Disease - 2011 Page 2
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3Instructions for Form FTB 3805D
Net Operating Loss (NOL) Carryover Computation and Limitation – Pierce’s Disease
Important Information
For more information, get FTB Legal
specific “vector” in Pierce’s disease is the
Ruling 2011-04.
glassy-winged sharpshooter.
For taxable years beginning in 2010 and 2011,
Affected Area. The affected area is the
To claim these NOLs, the California
California suspended the net operating loss
taxpayer’s area confirmed by the CDFA as
Department of Food and Agriculture (CDFA)
(NOL) carryovers deduction. Taxpayers may
having a pest infestation resulting from
must confirm that a pest infestation occurred
continue to compute and carryover NOLs
Pierce’s disease and its vectors.
due to Pierce’s disease and its vectors. For
during the suspension period. However, the
more information, go to cdfa.ca.gov or call
Business Income. Business income is defined
NOL suspension rules do not apply to:
916.900.5024.
as income arising from transactions and
• Corporations with net income after state
activities in the regular course of the trade or
The PDV NOL carryover can be deducted
adjustments (pre-apportioned income) of
business. Business income includes income
only against income apportioned to the area
less than $300,000,
from tangible and intangible property if the
affected by PDV using a two-factor (Property
• Taxpayers other than corporations with
acquisition, management, and disposition of
and Payroll) formula.
modified adjusted gross income of less
the property constitute integral parts of the
PDV NOL Election. If the taxpayer made
than $300,000,
regular trade or business operations.
an election and designated the carryover
• Taxpayers claiming disaster loss
Nonbusiness Income. Nonbusiness income
carryovers.
category on the original return for the taxable
is all income other than business income. See
year of a loss and filed form FTB 3805D, Net
For taxable years beginning in 2008 and
Cal. Code Regs. tit. 18, section 25120 for more
Operating Loss (NOL) Carryover Computation
2009, California suspended the NOL carryover
information and examples of nonbusiness
and Limitation – Pierce’s Disease, for each
deduction. Taxpayers may continue to
income.
taxable year in which an NOL deduction is
compute and carryover an NOL during the
being taken, this election is irrevocable.
Farming Business Activities. Farming
suspension period. However, taxpayers with
business activities are generally determined
For more information, get form FTB 3805Q or
taxable income of less than $500,000 or with
by the transactions and activities in the
disaster loss carryovers are not affected by
form FTB 3805V.
regular course of the farming trade or
the NOL suspension rules.
The NOL allowed in computing the California
business as related to the production of
taxable income of a nonresident or part-year
The carryover period for any NOL or NOL
crops, fruits, other agricultural products,
carryover, for which a deduction is disallowed
resident is no longer limited by the amount of
or for the sustenance of livestock. For more
because of the 2008-2011 suspension, are
NOLs from all sources. Only your California
information, see Cal Code Regs. tit.18,
extended by:
sourced income and losses are considered
section 25128.2.
in determining if you have a California NOL.
• One year for losses incurred in taxable
For more information, get form FTB 3805Q or
C Determining the Income
years beginning on or after January 1,
FTB 3805V.
2010, and before January 1, 2011.
California source farming business income
• Two years for losses incurred in taxable
If your residency status changes from the
is apportioned to an area affected by PDV
years beginning before January 1, 2010.
time you generate the NOL carryover to the
by multiplying the total California farming
• Three years for losses incurred in taxable
time you apply the NOL carryover deduction,
business income of the taxpayer by a fraction.
years beginning before January 1, 2009.
you will need to recompute the NOL carryover
The numerator is the property factor plus
• Four years for losses incurred in taxable
amount. For more information, get FTB
the payroll factor, and the denominator is
years beginning before January 1, 2008.
Pub. 1100, Taxation of Nonresidents and
two. Those factors with zero balances in the
Individuals Who Change Residency.
For more information, get FTB Legal Ruling
totals of column (a) will not be included in the
2011-04.
S Corporations. Pierce’s disease NOLs
computation of the average apportionment
incurred prior to becoming an S corporation
Also, California modified the NOL carryback
percentage. For example, if the taxpayer has
cannot be used against S corporation income.
provision. For more information, get form
payroll expenses, or property, but not both in
However, an S corporation is allowed to
FTB 3805Q, Net Operating Loss (NOL)
California, the taxpayer must enter on line 4
deduct a Pierce’s disease NOL incurred after
Computation and NOL and Disaster Loss
the same percentage listed on line 3.
the “S” election is made. An S corporation
Limitations — Corporations or form
Property Factor. Property is defined as the
may use the NOL as a deduction against
FTB 3805V, Net Operating Loss (NOL)
average value of all real and tangible personal
income subject to the 1.5% entity-level tax
Computation and NOL and Disaster Loss
property owned or rented by the business and
(3.5% for financial S corporations). The
Limitations – Individuals, Estates, and Trust.
used during the taxable year.
expenses and income giving rise to the loss
General Information
Rented property is valued at eight times the
are also passed through to the shareholders
net annual rental rate. The net annual rental
in the taxable year the loss is incurred.
For taxable years beginning on or after
rate for any item of rented property is the
January 1, 2001, and before January 1, 2003,
A Purpose
total rent paid for the property, less total
farmers were allowed a deduction for losses
annual subrental rates paid by subtenants.
Use form FTB 3805D to determine the correct
sustained due to Pierce’s disease and its
When determining apportionment
amount of NOL carryover that you can
vectors (PDV) in California. This loss created
percentage on Part II, the numerator of the
deduct this taxable year for prior year losses
an NOL which can be carried forward for nine
property factor is the average value of the
sustained due to PDV. Attach form FTB 3805D
years at 100%.
taxpayer’s real and tangible personal property
to your California tax return.
The carryover periods for an NOL incurred in
owned or rented by the business and used
years:
B Definitions
within the affected area during the taxable
• Beginning before January 1, 2002, have
year (column (b)).
Pierce’s Disease. Pierce’s disease is a
been extended for two years.
When determining apportionment
pathogen (a plant killing bacterium) which
• Beginning on or after January 1, 2002,
percentage on Part II, the denominator of the
attacks a plant’s water-conducting tissues.
and before January 1, 2003, have been
property factor is the total average value of
Vector. A vector is an insect that carries and
extended for one year.
all the taxpayer’s real and tangible personal
transmits a disease-causing organism. The
FTB 3805D Instructions 2011 Page 1
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