California Form 3548 - Disabled Access Credit For Eligible Small Businesses - 2013 Page 2
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2Eligible access expenditures are the amounts the eligible small
This credit cannot reduce the minimum franchise tax (corporations and
business pays or incurs to comply with applicable requirements under
S corporations), the annual tax (limited partnerships, limited liability
the Americans with Disabilities Act of 1990. Eligible access expenditures
partnerships, and LLCs classified as partnerships), the alternative
include amounts paid or incurred to:
minimum tax (corporations, exempt organizations, individuals, and
fiduciaries), the built‑in gains tax (S corporations), or the excess net
1. Remove architectural, communication, physical, or transportation
passive income tax (S corporations).
barriers that prevent a business from being accessible to, or usable
by individuals with disabilities, but only in connection with a facility
This credit cannot reduce regular tax below the tentative minimum tax.
first placed in service before November 6, 1990 (the effective date
Get Schedule P (100, 100W, 540, 540NR, or 541) Alternative Minimum
of the Americans with Disabilities Act of 1990).
Tax and Credit Limitations, for more information.
2. Provide qualified interpreters or other methods of making audio
This credit is taken in lieu of any deduction or credit otherwise allowable
materials available to hearing‑impaired individuals.
for the same eligible access expenditures. Any deduction allowed for
3. Provide qualified readers, taped texts, and other methods of making
these same expenditures must be reduced by the amount of credit
visual materials available to individuals with visual impairments.
claimed and/or assigned to an affiliated corporation for the current
4. Acquire or modify equipment or devices for individuals with
taxable year (the amount shown on line 9a and b).
disabilities.
Taxpayers that claim this credit cannot increase the basis of the property,
5. Provide other similar services, modifications, materials, or
with respect to the eligible access expenditures paid or incurred in
equipment.
connection with such property, by the amount of credit claimed and/or
The expenditures must be reasonable and necessary to accomplish the
assigned to an affiliated corporation for the current taxable year (the
above purposes. See IRC Section 44(c) for further details.
amount shown on line 9a and line b).
Disability for an individual (as defined by the Americans with Disabilities
This credit is not refundable.
Act of 1990) means:
G Assignment of Credits
1. A physical or mental impairment that substantially limits one or
more of the major life activities of that individual.
Assigned Credits to Affiliated Corporations – For taxable years
2. A record of an impairment described in 1 above, or
beginning on or after July 1, 2008, credit earned by members of a
3. Being regarded as having an impairment described in 1 above.
combined reporting group may be assigned to an affiliated corporation
that is a member of the same combined reporting group. A credit
F Limitations
assigned may only be claimed by the affiliated corporation against its
The amount of credit generated for any taxable year is limited to $125.
tax in taxable years beginning on or after January 1, 2010. For more
This limitation applies at the entity level (for S corporations) as well as
information, get form FTB 3544, Election to Assign Credit Within
to each shareholder. S corporations may claim only 1/3 of the credit (not
Combined Reporting Group, or form FTB 3544A, List of Assigned Credit
to exceed $41.67) against the 1.5% entity‑level tax (3.5% for financial
Received and/or Claimed by Assignee or go to ftb.ca.gov and search for
S corporations), the remaining 2/3 must be disregarded and may not be
credit assignment.
used as carryover. S corporations can pass through 100% of the credit
H Carryover
(not to exceed the $125 limitation) to their shareholders.
If a C corporation had unused credit carryovers when it elected
If the available credit exceeds the current year tax liability, the taxpayer can
S corporation status, the carryovers were reduced to 1/3 and transferred
carry the unused credit over to succeeding years until exhausted. Apply
to the S corporation. The remaining 2/3 were disregarded. The allowable
the carryover to the earliest taxable year(s) possible. In no event can the
carryovers may be used to offset the 1.5% tax on net income in
taxpayer carry the credit back and apply it against a prior year’s tax.
accordance with the respective carryover rules. These C corporation
Specific Line Instructions
carryovers may not be passed through to shareholders. For more
information, get Schedule C (100S), S Corporation Tax Credits.
Line 1 – Eligible Access Expenditures
If a taxpayer owns an interest in a disregarded business entity [a single
Enter the total eligible access expenditures paid or incurred during the
member limited liability company (SMLLC) not recognized by California,
current taxable year.
and for tax purposes is treated as a sole proprietorship owned by an
Line 5 – Pass-through Disabled Access Credit
individual or a branch owned by a corporation], the credit amount
If you received more than one pass‑through credit from S corporations,
received from the disregarded entity that can be utilized is limited to the
estates, trusts, partnerships, or LLCs classified as partnerships, add the
difference between the taxpayer’s regular tax figured with the income of
amounts and enter the total on line 5. Attach a schedule showing the
the disregarded entity, and the taxpayer’s regular tax figured without the
names and identification numbers of the entities from which the credits
income of the disregarded entity.
were passed through to you.
An SMLLC may be disregarded as an entity separate from its owner,
Line 9a – Credit Claimed (excluding assigned credits claimed on form
and is subject to statutory provisions that recognize the existence of
FTB 3544A)
otherwise disregarded entities for certain tax purposes, for example:
In addition to the maximum credit limitation, the amount of this credit
• The tax and fee of an LLC
you can claim on your tax return may be limited. Refer to the credit
• The tax return filing requirements of an LLC
instructions in your tax booklet for more information. The instructions
• The credit limitations previously mentioned
also explain how to claim this credit on your tax return. You must use
Get Form 568, Limited Liability Company Tax Booklet, for more
credit code number 205 when you claim this credit. Also see General
information.
Information F, Limitations.
If the disregarded entity reports a loss, the taxpayer may not claim the
Line 9b – Total credit assigned other corporations within combined
credit this year but can carry over the credit amount received from the
reporting group
disregarded entity to succeeding years.
Corporations that completed form FTB 3544 for this credit, enter the
amount from column (g) on this line.
Side 2 FTB 3548 2013
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