California Schedule K-1 (541) - Beneficiary'S Share Of Income, Deductions, Credits, Etc. - 2014 Page 2

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2014 Beneficiary’s Instructions for Schedule K-1 (541)
References in these instructions are to the Internal Revenue Code (IRC) as of January 1, 2009, and to the California Revenue and Taxation Code (R&TC).
What’s New
Facilities Authority (CEFA) may claim the
in computing the entity’s taxable income (i.e.,
distributions of corpus or tax-exempt income)
credit on their income or franchise tax returns
New Employment Credit – For taxable years
usually are not taxable to the beneficiary.
using credit code 235. The CEFA will provide
beginning on or after January 1, 2014, and
a copy of each credit certificate issued to the
Resident beneficiaries are taxed on income
before January 1, 2021, the New Employment
Franchise Tax Board (FTB). Any credits not
distributed or distributable from all sources.
Credit (NEC) is available to a qualified taxpayer
used in the taxable year may be carried forward
Nonresident beneficiaries are taxed only on
that hires a qualified full-time employee
up to six years. For more information, go to
income distributed or distributable that is
on or after January 1, 2014, and pays or
treasurer.ca.gov/cefa.
derived from sources within California (R&TC
incurs qualified wages attributable to work
Section 17953).
performed by the qualified full-time employee
General Information
For purposes of this section, the nonresident
in a designated census tract or economic
beneficiary is deemed the owner of intangible
development area, and receives a tentative
personal property from which the income of the
Purpose
credit reservation for that qualified full-time
estate or trust is derived. Therefore, such income
employee. In addition, an annual certification
is taxed at the beneficiary’s domicile.
The estate or trust uses Schedule K-1 (541),
of employment is required with respect to each
Beneficiary’s Share of Income, Deductions,
The estate or trust will attach a schedule of
qualified full-time employee hired in a previous
Credits, etc., to report your share of the estate’s
intangible income, such as income from stocks,
taxable year. In order to be allowed a credit,
or trust’s income, deductions, credits, etc. Your
bonds, bank accounts, and notes, whose source
the qualified taxpayer must have a net increase
name, address, and tax identification number, as
is dependent upon the residence or commercial
in the total number of full-time employees in
well as the estate’s or trust’s name, address, and
domicile of the taxpayer. The income on this
California. Any credits not used in the taxable
tax identification number, should be entered on
schedule is not income from California sources
the Schedule K-1 (541). Keep Schedule K-1 (541)
year may be carried forward up to five years.
for nonresidents but is income sourced at the
for your records. Do not file it with your tax
beneficiary’s state of residence or commercial
If a qualified employee is terminated within the
return. The estate or trust has filed a copy with
domicile.
first 36 months after beginning employment,
the Franchise Tax Board (FTB).
the employer may be required to recapture
previously taken credits. For more information,
You are subject to tax on your share of the
Specific Line Instructions
go to ftb.ca.gov and search for nec or get form
estate’s or trust’s income, and you must include
your share on your individual tax return.
FTB 3554, New Employment Credit.
If you are a nonresident beneficiary, the
California source amounts in column (e) will
Schedule K-1 (541), column (b) shows amounts
Repeal of Geographically Targeted Economic
help you identify the California source adjusted
from your federal Schedule K-1 (Form 1041),
Development Area Tax Incentives – The
gross income that must be reported on your
Beneficiary’s Share of Income, Deductions,
California legislature repealed and made
Schedule CA (540NR), California Adjustments —
Credits, etc. Column (c) shows the difference
changes to all of the Geographically Targeted
Nonresidents or Part-Year Residents, column E.
between federal and California amounts.
Economic Development Area (G-TEDA)
Column (d) shows your total amounts using
Part-year residents may be required to calculate
Tax Incentives. Enterprise Zones (EZ) and
California law by combining column (b) and
their IRC Section 652 or 662 income in a
Local Agency Military Base Recovery Areas
column (c). Column (e) shows your income and
manner that produces a different result than the
(LAMBRA) were repealed on January 1,
loss from California sources.
amounts shown in column (e) of this form. For
2014. The Targeted Tax Areas (TTA) and
more information, get FTB Pub. 1100, Taxation
Generally, the amount of loss and deduction you
Manufacturing Enhancement Areas (MEA)
of Nonresidents and Individuals Who Change
may claim on your tax return is limited to your
both expired on December 31, 2012. For more
Residency.
share of the estate or trust and the amount for
information, go to ftb.ca.gov and search for
which you are considered at-risk. If you have
Line 3 through Line 12
repeal tax incentives.
losses, deductions, or credits from a passive
You must report the amounts in column (c),
California Competes Credit – For taxable
activity, you must also apply the passive activity
adjustments, that are from nonpassive activities
years beginning on and after January 1, 2014,
rules. It is the beneficiary’s responsibility to
on the appropriate California form or schedule as
and before January 1, 2025, the California
consider and apply any applicable limitations.
explained in these instructions.
Competes Credit is available to businesses that
California law is generally the same as federal law
Report the amounts in column (d), total amounts
want to come to California or stay and grow
with regard to income, the character of income,
using California law, that are from passive
in California. Tax credit agreements will be
allocation of deductions, gifts, and bequests, and
activities on the appropriate California form or
negotiated by the Governor’s Office of Business
past years. Follow the instructions for federal
schedule. Get form FTB 3801, Passive Activity
and Economic Development (GO-Biz) and
Schedule K-1 (Form 1041) for these items.
Loss Limitations, to transfer those amounts and
approved by the California Competes Tax Credit
to figure the amount of your passive activity loss
Generally, you must report items shown on your
Committee. The California Competes Credit
limitation. Carry the passive activity amounts
Schedule K-1 (541) (and any attached schedules)
only applies to state income or franchise tax.
to the California form or schedule to figure
the same way that the estate or trust treated the
Taxpayers who are awarded a contract by the
your California adjustment amount. Enter this
items on its tax return. If the treatment on your
committee will claim the credit on their income
adjustment amount on the corresponding line
original or amended tax return is inconsistent with
on Schedule CA (540 or 540NR) only if there is a
or franchise tax returns using credit code 233.
the estate’s or trust’s treatment, or if the estate
federal/California difference.
The credit can reduce tax below the tentative
or trust was required to but has not filed a tax
minimum tax. Any credits not used in the
return, you must attach a statement identifying
If there is no California form or schedule on
taxable year may be carried forward up to six
the inconsistency. Beneficiaries may be liable
which to compute your passive activity loss
for negligence penalties and penalties relating to
years. For more information, go to the GO-Biz
adjustment amount (i.e., rental loss from passive
mathematical errors if they cannot demonstrate
website at business.ca.gov or ftb.ca.gov and
activities), you may figure the adjustment amount
that their treatment is consistent with the estate
on the California Adjustment Worksheets in the
search for ca competes.
or trust.
instructions for form FTB 3801. Enter the total of
College Access Credit – For taxable years
your adjustments from these worksheets from
Beneficiaries of estates and trusts include in
beginning on or after January 1, 2014, and
all passive activities on Schedule CA (540 or
their gross income their distributive share of
before January 1, 2017, a credit is available
540NR), line 17, column B or line 17, column C,
the fiduciary’s income distribution deduction for
to taxpayers who contribute to the College
whichever is appropriate.
the taxable year. Amounts that are distributed
Access Tax Credit Fund. Taxpayers who receive
by an estate or trust and that are not deductible
a certificate from the California Educational
Schedule K-1 (541) Beneficiary Instructions 2014 Page 1

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