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Both partnerships and S corporations that conduct business both within and outside of California are required to determine California sourced income using apportionment rules.However, unlike a partnership that may be required to report on a unitary basis (pursuant to R&TC Regulation 17951-4)[] California like federal does however allow for qualified subchapter S subsidiaries (Qsubs).California law provides for modified conformity to federal provisions relating to the tax treatment of S corporations and their shareholders.

But an S corporation can only have one class of stock and does not offer the same flexibility as a partnership to allocate income and losses among investors.

This article will focus on the expansion of eligible shareholders to include charitable organizations, and the implications this change has on both shareholders who wish to make charitable contributions of S corporation stock and organizations that wish to accept such gifts.

Importantly, shareholders seeking to contribute S corporation stock to a charity and organizations seeking to accept such contributions should be fully aware of the tax consequences to both parties that may result from such a gift.

Generally no taxation upon election; corporate tax is imposed on built-in gain if assets sold during recognition period; distribution of subchapter C earnings and profits taxable as a dividend; special rules applicable to a corporation with accumulated earnings and excess net passive investment income.

Not subject to tax on dividends or liquidating distributions paid between wholly-owned subsidiaries.




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