California Form 3548 - Disabled Access Credit For Eligible Small Businesses - 2012 Page 2
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2Eligible access expenditures are the amounts the eligible small
minimum tax (corporations, exempt organizations, individuals, and
business pays or incurs to comply with applicable requirements under
fiduciaries), the built‑in gains tax (S corporations), or the excess net
the Americans with Disabilities Act of 1990. Eligible access expenditures
passive income tax (S corporations).
include amounts paid or incurred to:
This credit cannot reduce regular tax below the tentative minimum tax.
1. Remove architectural, communication, physical, or transportation
Get Schedule P (100, 100W, 540, 540NR, or 541) Alternative Minimum
barriers that prevent a business from being accessible to, or usable
Tax and Credit Limitations, for more information.
by individuals with disabilities, but only in connection with a facility
This credit is taken in lieu of any deduction or credit otherwise allowable
first placed in service before November 6, 1990 (the effective date
for the same eligible access expenditures. Any deduction allowed for
of the Americans with Disabilities Act of 1990).
these same expenditures must be reduced by the amount of credit
2. Provide qualified interpreters or other methods of making audio
claimed and/or assigned to an affiliated corporation for the current
materials available to hearing‑impaired individuals.
taxable year (the amount shown on line 9a and b).
3. Provide qualified readers, taped texts, and other methods of making
Taxpayers that claim this credit cannot increase the basis of the property,
visual materials available to individuals with visual impairments.
with respect to the eligible access expenditures paid or incurred in
4. Acquire or modify equipment or devices for individuals with
connection with such property, by the amount of credit claimed and/or
disabilities.
assigned to an affiliated corporation for the current taxable year (the
5. Provide other similar services, modifications, materials, or
amount shown on line 9a and line b).
equipment.
This credit is not refundable.
The expenditures must be reasonable and necessary to accomplish the
above purposes. See IRC Section 44(c) for further details.
G Assignment of Credits
Disability for an individual (as defined by the Americans with Disabilities
Assigned Credits to Affiliated Corporations – For taxable years
Act of 1990) means:
beginning on or after July 1, 2008, credit earned by members of a
1. A physical or mental impairment that substantially limits one or
combined reporting group may be assigned to an affiliated corporation
more of the major life activities of that individual.
that is a member of the same combined reporting group. A credit
2. A record of an impairment described in 1 above, or
assigned may only be claimed by the affiliated corporation against its
3. Being regarded as having an impairment described in 1 above.
tax in taxable years beginning on or after January 1, 2010. For more
information, get form FTB 3544, Election to Assign Credit Within
F Limitations
Combined Reporting Group, or form FTB 3544A, List of Assigned Credit
The amount of credit generated for any taxable year is limited to $125.
Received and/or Claimed by Assignee or go to ftb.ca.gov and search for
This limitation applies at the entity level (for S corporations) as well as
credit assignment.
to each shareholder. S corporations may claim only 1/3 of the credit (not
H Carryover
to exceed $41.67) against the 1.5% entity‑level tax (3.5% for financial
S corporations), the remaining 2/3 must be disregarded and may not be
If the available credit exceeds the current year tax liability, the taxpayer can
used as carryover. S corporations can pass through 100% of the credit
carry the unused credit over to succeeding years until exhausted. Apply
(not to exceed the $125 limitation) to their shareholders.
the carryover to the earliest taxable year(s) possible. In no event can the
If a C corporation had unused credit carryovers when it elected
taxpayer carry the credit back and apply it against a prior year’s tax.
S corporation status, the carryovers were reduced to 1/3 and transferred
Specific Line Instructions
to the S corporation. The remaining 2/3 were disregarded. The allowable
carryovers may be used to offset the 1.5% tax on net income in
Line 1 – Eligible Access Expenditures
accordance with the respective carryover rules. These C corporation
Enter the total eligible access expenditures paid or incurred during the
carryovers may not be passed through to shareholders. For more
current taxable year.
information, get Schedule C (100S), S Corporation Tax Credits.
Line 5 – Pass-through Disabled Access Credit
If a taxpayer owns an interest in a disregarded business entity [a single
If you received more than one pass‑through credit from S corporations,
member limited liability company (SMLLC) not recognized by California,
estates or trusts, partnerships, or LLCs classified as partnerships, add
and for tax purposes is treated as a sole proprietorship owned by an
the amounts and enter the total on line 5. Attach a schedule showing the
individual or a branch owned by a corporation], the credit amount
names and identification numbers of the entities from which the credits
received from the disregarded entity that can be utilized is limited to the
were passed through to you.
difference between the taxpayer’s regular tax figured with the income of
the disregarded entity, and the taxpayer’s regular tax figured without the
Line 9a – Credit Claimed (excluding assigned credits claimed on form
income of the disregarded entity.
FTB 3544A)
In addition to the maximum credit limitation, the amount of this credit
An SMLLC may be disregarded as an entity separate from its owner,
you can claim on your tax return may be limited. Refer to the credit
and is subject to statutory provisions that recognize the existence of
instructions in your tax booklet for more information. The instructions
otherwise disregarded entities for certain tax purposes, for example:
also explain how to claim this credit on your tax return. You must use
• The tax and fee of an LLC
credit code number 205 when you claim this credit. Also see General
• The tax return filing requirements of an LLC
Information F, Limitations.
• The credit limitations previously mentioned
Line 9b – Total credit assigned other corporations within combined
Get Form 568, Limited Liability Company Tax Booklet, for more
reporting group
information.
Corporations that completed form FTB 3544 for this credit, enter the
If the disregarded entity reports a loss, the taxpayer may not claim the
amount from column (g) on this line.
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
Side 2 FTB 3548 2012
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