California Form 3811 - Donated Fresh Fruits Or Vegetables Credit - 2016 Page 2
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1
2Instructions
The certificate must contain the type and quantity of the products
donated, the name of the donor or donors, the name and address
Part I – Information on Donated Fresh Fruits or
of the donee nonprofit organization, and as initially provided by the
taxpayer, the estimated value of the donated products and the location
Vegetables
where the donated product was grown. The certificate should be
Provide the date the products were donated, the type, the quantity, the
provided to the Franchise Tax Board only upon request.
county in which the products originated, and the estimated value/cost
D Limitations
of the products.
No credit will be allowed unless the taxpayer received a certificate
When completing the table, if additional space is necessary, use
from the donee nonprofit organization certifying donation of the fruits
additional forms FTB 3811 to report all products being donated and
or vegetables.
their respective information.
A taxpayer and spouse/RDP may claim only one credit. If separate
Part II – Available Credit
returns are filed, the credit may be taken by either spouse/RDP or
divided equally between them. If more than one taxpayer shares in the
Line 1 – Enter the estimated value/cost of the donated fruits or
expenses eligible for the credit, each taxpayer may claim the credit in
vegetables included in inventory costs under IRC Section 263A,
proportion to his or her share of the expenses paid or incurred. In the
without regard to the exception for farming businesses.
case of a partnership, the credit will be divided among the partners
Note: Generally, inventory costs include both the direct costs and the
according to the partnership agreement.
allocated indirect costs required to produce the fruits or vegetables.
S corporations may claim only 1/3 of the credit against the 1.5%
Any deduction allowed for these same costs must be reduced by the
entity-level tax (3.5% for financial S corporations). The remaining 2/3
amount of credit figured for the current taxable year (the amount
must be disregarded and may not be used as carryover. S corporations
shown on line 5).
may pass through 100% of the credit to their shareholders.
Line 3 – If you received pass-through donated fresh fruits or
If a taxpayer owns an interest in a disregarded business entity [a
vegetables credit(s) from S corporations, estates, trusts, partnerships,
single member limited liability company (SMLLC) not recognized by
or LLCs classified as partnerships, add the amounts and enter the
California, and for tax purposes is treated as a sole proprietorship
total.
owned by an individual or a branch owned by a corporation], the credit
Line 4 – Enter the carryover amount from the fresh fruits or vegetables
amount received from the disregarded entity that can be utilized is
credit from the prior year.
limited to the difference between the taxpayer’s regular tax figured
with the income of the disregarded entity, and the taxpayer’s regular
Line 6a – Credit claimed
tax figured without the income of the disregarded entity.
Do not include assigned credits claimed on form FTB 3544A.
For more information on SMLLC, get Form 568, Limited Liability
This amount may be less than the amount on line 5 if your credit
Company Tax Booklet.
is limited by your tax liability. For more information, see General
Information D, Limitations and refer to the credit instructions in your
This credit cannot reduce the minimum franchise tax (corporations
tax booklet. Use credit code 224 when you claim this credit.
and S corporations), annual tax (limited partnerships, limited liability
partnerships, and LLCs classified as partnerships), the alternative
Line 6b – Total credit assigned
minimum tax (corporations, exempt organizations, individuals, and
Corporations that assign credit to other corporations within combined
fiduciaries), the built-in gains tax (S corporations), or the excess net
reporting group must complete form FTB 3544. Enter the total amount
passive income tax (S corporations).
of credit assigned from form FTB 3544, column (g) on this line.
This credit cannot reduce regular tax below tentative minimum tax. Get
Schedule P (100, 100W, 540, 540NR, or 541), Alternative Minimum
Tax and Credit Limitations, for more information.
This credit is not refundable.
E Assignment of Credits
Assigned Credits to Affiliated Corporations – Credit earned by
members of a combined reporting group may be assigned to an
affiliated corporation that is a member of the same combined reporting
group. A credit assigned may only be claimed by the affiliated
corporation against its tax liability. For more information, get form
FTB 3544, Election to Assign Credit Within Combined Reporting
Group, or form FTB 3544A, List of Assigned Credit Received and/
or Claimed by Assignee or go to ftb.ca.gov and search for credit
assignment.
F Carryover
If the available credit exceeds the current year tax liability or is limited
by tentative minimum tax, the unused credit may be carried over to
reduce the tax in the following year and for the six succeeding years
or until exhausted, whichever occurs first. Apply the carryover to the
earliest taxable year possible. In no event can the credit be carried
back and applied against a prior year’s tax.
If you have a carryover, retain all records that document this credit
and carryover used in prior years. The FTB may require access to
these records.
Page 2 FTB 3811 Instructions 2016
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