Form 3539 (Corp) - California Payment For Automatic Extension For Corporations And Exempt Organizations - 2015 Page 2
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1
2If a corporation (including real estate investment trusts (R E I Ts), real estate
penalty based on reasonable cause. Reasonable cause is presumed when
mortgage investment conduits (R E M I Cs), regulated investment companies
90% of the tax shown on the return, but not less than minimum franchise
(R I Cs), L L Cs electing to be treated as corporations, or an exempt organization
tax if applicable, is paid by the original due date of the return. However, the
in good standing) cannot file its C A tax return by the original due date, a
imposition of interest is mandatory.
seven-month extension to file is granted without submitting a written request. To
•
If the corporation or exempt organization does not file its C A tax return by the
qualify for the automatic extension, the corporation or exempt organization must file
extended due date, or the corporation’s powers, rights, and privileges have
its CA tax return by the extended due date and its powers, rights, and privileges must
been suspended or forfeited by the FTB or the CA S O S, as of the original due
not be suspended or forfeited by the FTB or the CA S O S as of the original due date.
date, the automatic extension will not apply and a delinquency penalty plus
interest will be assessed from the original due date of the C A tax return.
Electronic Funds Transfer
•
If the corporation or exempt organization is required to remit all of its
Corporations or exempt organizations remitting an estimated tax payment or
payments electronically and pays by another method, a 10% non-compliance
extension payment in excess of $20,000 or having a total tax liability in excess
penalty will be assessed.
of $80,000 must remit all of their payments through EFT. Once a corporation
Combined Reports
or an exempt organization meets the threshold, all subsequent payments
regardless of amount, tax type, or taxable year must be remitted electronically
•
If members of a combined unitary group have made or intend to make
to avoid a 10% non-compliance penalty. The first payment that would trigger
an election to file a combined unitary group single return, only the key
the mandatory EFT requirement does not have to be made electronically.
corporation designated to file the return should submit form FTB 3539. The
Corporations required to remit payments electronically may use Web Pay or
key corporation must include payment of at least the minimum franchise
credit card and be considered in compliance with that requirement.
tax for each corporation of the combined unitary group that is subject to the
franchise tax in California.
The FTB notifies corporations or exempt organizations that are subject to this
•
If members of a combined unitary group intend to file separate returns with the
requirement. Those that do not meet these requirements may participate on a
FTB, each member must submit its own form FTB 3539 if there is an amount
voluntary basis. If the corporation or exempt organization pays electronically,
entered on line 3 of the Tax Payment Worksheet.
complete the worksheet for the corporation’s or exempt organization’s records.
•
If any member of a combined unitary group meets the requirements for
Do not mail form FTB 3539. See General Information for additional information
mandatory EFT, all members must remit their payments electronically,
regarding electronic payment options. For more information, go to ftb.ca.gov
regardless of their filing election.
and search for eft, or call 916.845.4025.
Exempt Organizations
Where to File
•
Form 100 filers – The due dates for corporations also apply to political
If tax is due and the corporation or exempt organization is not paying electronically
action committees and exempt homeowners’ associations that file Form 100,
through EFT, Web Pay, or credit card, make a check or money order using black
California Corporation Franchise or Income Tax Return.
or blue ink payable to the “Franchise Tax Board” for the amount of the tax due.
Write the California corporation number, FEIN, or CA SOS file number and
Political action committees and exempt homeowners’ associations that file
“2015 FTB 3539” on the check or money order. Enclose, but do not staple, the
Form 100 should not enter the minimum franchise tax on line 1 of the Tax
payment with the form FTB 3539 and mail to:
Payment Worksheet.
FRANCHISE TAX BOARD
•
Form 199 Filers – Form 199, California Exempt Organization Annual
PO BOX 942857
Information Return, requires a $10 filing fee to be paid with the return on the
SACRAMENTO CA 94257-0531
original or extended due date.
Mail them to the FTB by the original due date of the return to avoid late payment
Use form FTB 3539 only if paying the fee early. Enter the amount of the fee
penalties and interest. For more information, see Penalties and Interest section.
on line 3 of the Tax Payment Worksheet.
Make all checks or money orders payable in U.S. dollars and drawn against a
•
Form 109 Filers – The due dates for filing Form 109, California Exempt
U.S. financial institution.
Organization Business Income Tax Return, depend on the type of organization
filing the return. Employees’ pension trusts and I R As (including education
Private Mail Box (PMB) – Include the P M B in the address field. Write “P M B”
I R As) must file on or before the 15th day of the 4th month after the close
first, then the box number. Example: 111 Main Street P M B 123.
of their taxable year. All other exempt organizations (except homeowners’
Penalties and Interest
associations and political organizations) must file on or before the 15th day of
•
If the corporation or exempt organization fails to pay its total tax liability
the 5th month after the close of their taxable year.
by the original due date, the corporation or exempt organization will incur
a late payment penalty plus interest. The FTB may waive the late payment
TAX PAYMENT WORKSHEET FOR YOUR RECORDS
1 Total tentative tax. Include alternative minimum tax if applicable. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
00
2 Estimated tax payments including prior year overpayment applied as a credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
00
3 Tax due. If line 2 is more than line 1, see instructions. If line 1 is more than line 2, subtract line 2 from line 1. Enter
the result here and on form FTB 3539. If form FTB 3593 is filed to extend the time for payment, see instructions. . . . . . 3
00
How to Complete the Tax Payment Worksheet
–
Line 2
Enter the estimated tax payments, including prior year overpayment
applied as a credit. S corporations may include any Q Sub annual tax payments.
–
Line 1
Enter the total tentative tax, including the alternative minimum tax if
applicable, for the taxable year.
–
Line 3
Excess payments. If the amount on line 2 is more than the amount on
•
If filing Form 100, 100W, or 100S, and subject to franchise tax, the
line 1, the payments and credits are more than the tentative tax. The corporation
tentative tax may not be less than the minimum franchise tax and Qualified
or exempt organization has no tax due. Do not mail form FTB 3539. The
Subchapter S Subsidiary (Q Sub) annual tax (S corporations only).
corporation or exempt organization will automatically qualify for an extension
•
If filing Form 100, 100 W, or 100 S, and subject to income tax, enter the amount
if the CA tax return is filed by the extended due date and the corporation or
of tax. Corporations subject to the income tax do not pay the minimum
exempt organization is in good standing with the FTB and CA S O S.
franchise tax.
Tax due. If the amount on line 1 is more than the amount on line 2, the
•
If a corporation incorporates or qualifies to do business in California, the
corporation or exempt organization’s tentative tax is more than its payments
corporation will compute its tax liability for the first taxable year by multiplying
and credits. The corporation or exempt organization has tax due.
its state net income by the appropriate tax rate and will not be subject to the
minimum franchise tax. The corporation will become subject to minimum
Subtract line 2 from line 1. Enter this amount on line 3 and on form FTB 3539.
franchise tax beginning in its second taxable year.
Form FTB 3593. If the corporation or exempt organization expects to have an
•
If filing Form 109, enter the amount of tax. Form 109 filers are not subject to
NOL carryback in the 2016 taxable year, the corporation or exempt organization
the minimum franchise tax.
can reduce the amount to be remitted to the extent of the overpayment resulting
•
If filing Form 199, use form FTB 3539 only if paying the filing fee of $10 early.
from the carryback, provided all other prior year tax liabilities have been fully
Skip line 1 and line 2, and enter the amount of the filing fee on line 3 of the Tax
paid. Reduce line 3, Tax due amount by the amount of tax for which the time for
Payment Worksheet, and on form FTB 3539.
payment is extended from form FTB 3593, line 6c, and enter the result on the
Amount of payment line of form FTB 3539.
Page 2 FTB 3539 Instructions 2015
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