(forms)(2020)(2020-3506-instructions)2020 Instructions for Form FTB 3506 (Child and Dependent Care Expenses Credit)#
(forms)(2020)(2020-3506-instructions)(block-1)General Information#
Attach the completed form FTB 3506, Child and Dependent Care Expenses Credit, to your Form 540, California Resident Income Tax Return, or Form 540NR, California Nonresident or Part-Year Resident Income Tax Return, if you claim the child and dependent care expenses credit.
The child and dependent care expenses credit is nonrefundable .
Registered Domestic Partners (RDP) – For purposes of California income tax, references to a spouse, husband, or wife also refer to a California RDP, unless otherwise specified. When we use the initials RDP, they refer to both a California registered domestic “partner” and a California registered domestic “partnership,” as applicable. For more information on RDPs, get FTB Pub. 737, Tax Information for Registered Domestic Partners.
(forms)(2020)(2020-3506-instructions)(block-2)A. Purpose#
You may qualify to claim the 2020 credit for child and dependent care expenses, if you (and your spouse/RDP) paid someone in California to care for your child or other qualifying person while you worked or looked for employment. You must have earned income to do so. If you qualify to claim the credit, use form FTB 3506 to figure the amount of your credit.
If you received dependent care benefits for 2020 but do not qualify to claim the credit, you are not required to complete form FTB 3506. For additional definitions, requirements, and instructions, get federal Form 2441, Child and Dependent Care Expenses.
(forms)(2020)(2020-3506-instructions)(block-3)B. Differences in California and federal Law#
The differences between California and federal law are as follows:
California allows this credit only for care provided in California.
If you were a nonresident, you must have earned wages from working in California or earned self-employment income from California business activities.
The California credit is a percentage of the federal credit.
RDPs may file a joint California return and claim this credit. For more information, get FTB Pub. 737.
(forms)(2020)(2020-3506-instructions)(block-4)C. Qualifications#
You may take the credit if all eight of the following apply.
If you are married or an RDP, you must file a joint tax return. For an exception, see Section E, Married Persons or RDPs Filing Separate Returns.
Care must be provided in California for one or more qualifying persons. See Section D, Qualifying Person Defined.
You paid for care so you (and your spouse/RDP) could work or look for work. However, if you did not find a job and have no earned income, you do not qualify for the credit. If your spouse/RDP was a student or disabled, see the instructions for Part III, line 5.
You (and your spouse/RDP) must have earned income (wages or self-employment income) during the year. See the instructions for Part III, line 4, for more information on earned income.
You and the qualifying person(s) live in the same home for more than half the year.
The person who provided care was not your spouse/RDP, the parent of your qualifying child, or a person for whom you can claim a dependent exemption. If your child provided the care, the child must have been age 19 or older by the end of 2020.
You report the required information about the care provider(s) in Part II, line 1, and the information about the qualifying person(s) in Part III, line 2.
Your federal adjusted gross income (AGI) is $100,000 or less.
(forms)(2020)(2020-3506-instructions)(block-5)Rules for Most People#
A qualifying person is:
A child under age 13 who meets the requirements to be your dependent as a Qualifying Child. A child who turned 13 during the year qualifies only for the part of the year when he or she was 12 years old; or
Your spouse/RDP who was physically or mentally incapable of self-care; or
Any person who was physically or mentally incapable of self-care and either: Was your dependent. Would have been your dependent except that: He or she received gross income of $4,300 or more. He or she filed a joint tax return. You, or your spouse/RDP if filing a joint tax return, could be claimed as a dependent on someone else’s 2020 tax return.
(forms)(2020)(2020-3506-instructions)(block-6)Qualifying Child#
A Qualifying Child is a child who meets all of the following tests:
Relationship Test - The child must be your son, daughter, stepchild, adopted child, eligible foster child, brother, sister, half-brother, half-sister, stepbrother, stepsister, or a descendant of one of these. An adopted child includes a child who has been lawfully placed with you for legal adoption even if the adoption is not yet final. An eligible foster child must be placed with you by an authorized placement agency or by a court.
Age Test - For the purposes of qualifying for the Child and Dependent Care Expenses Credit, the child must be under 13.
Residency Test - The child must live with you for more than half the year.
Support Test - The child must not have provided more than half of his or her own support.
Joint Return Test - The child must not have filed a joint federal or state income tax return with his or her spouse/RDP.
Citizenship Test- The child must be a citizen or national of the U.S. or a resident of the U.S., Canada, or Mexico.
(forms)(2020)(2020-3506-instructions)(block-7)Tie-Breaker Rules: Qualifying Child of More Than One Person*#
If an individual may be claimed as a qualifying child by two or more taxpayers for the same taxable year, the following rules apply:
If… Then the child will be treated as the qualifying child of the… Only one of the persons is the child’s parent Parent. Both of the persons are the child’s parent but they do not file a joint return Parent with whom the child lived for the longer period of time during the year. If the child lived with both parents for the same amount of time, the parent who had the higher AGI for the year. The child’s parents can claim the child as a qualifying person but neither parent does Person with the highest AGI of all persons claiming the child, but only if that person’s AGI is higher than the highest AGI of any of the child’s parents. No parent can claim the child as a qualifying child Person with the highest AGI of all persons claiming the child.
*These rules assume all other qualifying child requirements are satisfied.
(forms)(2020)(2020-3506-instructions)(block-8)Divorced, RDP Terminated, Separated, or Never-Married Parents#
For divorced, RDP terminated, separated, or never-married parents, special rules apply in determining if your child meets the requirements to be your qualifying person. When parents file separate returns, only one parent qualifies to claim a child as a qualifying person.
Even if both parents pay for child care for the same child, both parents cannot qualify for the credit. Some custody agreements designate which parent is entitled to the credit. However, the designated parent must meet all the qualifications in Section C, Qualifications, to claim the credit. To verify that your child meets the requirements to be your qualifying person, use the table below.
(forms)(2020)(2020-3506-instructions)(block-9)RULES FOR DIVORCED, RDP TERMINATED, SEPARATED, OR NEVER-MARRIED PARENTS#
IF AND THEN ALL four of the following apply: Your child was under 13 and/or physically or mentally incapable of self-care when the care was provided. Children turning 13 during the year qualify only for the part of the year they were 12 years old. One of the following applies You are divorced, legally separated, or have terminated a registered domestic partnership. You are separated under a written separation agreement. You and the other parent lived apart at all times during the last 6 months of the year. (This includes parents never married to each other.) One or both parents had custody of the child for more than half the year. One or both parents provided more than half the child’s support for the year. You were the custodial parent and you can claim the dependent exemption credit for the child. The child is your qualifying person. You were the custodial parent and under the provisions of a decree of divorce, legal separation, termination of registered domestic partnership, or a written separation agreement, the noncustodial parent claimed the dependent exemption credit, or you signed a statement releasing the dependent exemption credit to the noncustodial parent. The child is your qualifying person. You are not the custodial parent. The child is not your qualifying person. One or more of the four statements above do not apply. Not Applicable N/A Use the “Rules for Most People” in Section D.
Custodial Parent and Noncustodial Parent. The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent. If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher AGI.
Parent Works at Night. If, due to a parent’s night-time work schedule, a child lives for a greater number of days, but not nights, with the parent who works at night, that parent is treated as the custodial parent. On a school day, the child is treated as living at the primary residence registered with the school.
(forms)(2020)(2020-3506-instructions)(block-10)E. Married Persons or RDPs Filing Separate Tax Returns#
Generally, if you are married or an RDP, you must file a joint tax return to claim the credit. However, you can take the credit on your separate tax return if:
You meet all three requirements below: You lived apart from your spouse/RDP at all times during the last six months of 2020. The qualifying person(s) lived in your home more than half of 2020. You provided over half the cost of keeping up your home.
You meet all the other qualifications in Section C, Qualifications.
(forms)(2020)(2020-3506-instructions)(block-11)F. Nonresidents and Part-Year Residents#
You must complete and attach Schedule CA (540NR), California Adjustments – Nonresidents or Part-Year Residents, to your tax return, Form 540NR. If Part I of Schedule CA (540NR) is not fully completed, we may disallow your credit.
Nonresidents must have earned income from California sources to qualify for the credit. A nonresident servicemember’s military wages are considered earned income from a California source for the purpose of qualifying for the credit.
Part-year residents must have earned income while a California resident or earned income from California sources while a nonresident to qualify for the credit.
(forms)(2020)(2020-3506-instructions)(block-12)G. Military Personnel#
For the purposes of this credit, active duty pay is considered earned income from California sources, regardless of whether the servicemember is domiciled in California. The federal Military Spouses Residency Relief Act may affect the credit requirements for spouses of military servicemembers. For more information, get FTB Pub. 1032, Tax Information for Military Personnel.
(forms)(2020)(2020-3506-instructions)(block-13)Part I - Unearned Income and Other Funds Received in 2020#
List the source and amount of any money you received in 2020 that is not included in your earned income (Part III, line 4 and line 5) but that was used to support your household. Include child support, property settlements, public assistance benefits, court awards, inheritances, insurance proceeds, pensions and annuities, social security payments, workers’ compensation, unemployment compensation, interest, and dividends.
(forms)(2020)(2020-3506-instructions)(block-14)Line 1#
Complete line 1a through line 1g for each person or organization that provided the care in California. Only care provided in California qualifies for the credit. Use federal Form W-10, Dependent Care Provider’s Identification and Certification, or any other source listed in the instructions for federal Form W-10 to get the information from your care provider. If your provider does not give you the information, complete as much of the information as possible and explain that your provider did not give you the information you requested.
If you do not give correct and complete information, we may disallow your credit unless you can show you used due diligence in trying to get the required information.
(forms)(2020)(2020-3506-instructions)(block-15)Line 1a through Line 1c#
Enter your California care provider’s complete name (or business name), address, and telephone number (including the area code). If you do not give complete information, we may disallow your credit. We may contact your care provider to verify the information you provide.
If you were covered by your employer’s dependent care plan and your employer furnished the care (either at your workplace or by hiring a care provider), enter your employer’s name on line 1a. Next, enter “See W-2” on line 1b. Complete line 1c through line 1f. Then leave line 1g blank. But, if your employer paid a third party (not hired by your employer) on your behalf to provide care, you must provide information on the third party on line 1a through line 1g.
(forms)(2020)(2020-3506-instructions)(block-16)Line 1d#
For each care provider, check one box indicating whether the care provider is a person or organization.
(forms)(2020)(2020-3506-instructions)(block-17)Line 1e#
If your care provider is Then enter on line 1e An individual The provider’s social security number (SSN) or Individual Taxpayer Identification Number (ITIN). Not an individual The provider’s federal employer identification number (FEIN). A tax-exempt organization “Tax-exempt.”
(forms)(2020)(2020-3506-instructions)(block-18)Line 1f#
Enter the complete physical address where the care was provided. A post office box is not acceptable. If you do not provide correct or complete information, your credit may be disallowed. Only care provided in California qualifies for the credit.
(forms)(2020)(2020-3506-instructions)(block-19)Line 1g#
Enter the total amount you actually paid in 2020 to your care provider for care provided in California. Also include amounts your employer paid to a third party on your behalf. It does not matter when the expenses were incurred. Do not reduce this amount by any reimbursement you received.
We may ask you to provide proof of payment. Cash payments without verifiable documentation may not be accepted.
(forms)(2020)(2020-3506-instructions)(block-20)Line 2#
Complete column (a) through column (e) for each qualifying person for whom care was provided in California. If claiming more than three qualifying persons, attach a sheet of paper to your tax return with the required information and write “see attached.” Write your name and SSN or ITIN on the sheet.
(forms)(2020)(2020-3506-instructions)(block-21)Column (a)#
Enter each qualifying person’s name.
(forms)(2020)(2020-3506-instructions)(block-22)Column (b)#
Enter each qualifying person’s SSN. Verify that the name and SSN match the qualifying person’s social security card to avoid the reduction or disallowance of your credit. If the person was born in, and later died in, 2020, and does not have a SSN, enter “Died” in column (b) and attach a copy of the person’s birth and death certificates.
(forms)(2020)(2020-3506-instructions)(block-23)Column (c)#
Enter the qualifying person’s date of birth (mm/dd/yyyy) in the space provided or if the qualifying person is disabled (physically or mentally incapable of self-care), check the “Yes” box. Incomplete information could result in a delay or disallowance of your credit.
(forms)(2020)(2020-3506-instructions)(block-24)Column (d)#
If you shared custody of the qualifying person(s), enter the percentage of time you possessed physical custody during 2020. If you have 50% or less physical custody of your child, you do not qualify for the credit.
(forms)(2020)(2020-3506-instructions)(block-25)Column (e)#
Qualified Expenses are amounts paid for the care of your qualifying person while you worked or looked for work.
Enter the qualified expenses you incurred and paid in 2020 for the qualifying person(s). Include only the qualified expenses for care provided in California. If the child turned 13 years old during the year, include only the qualified expenses for the part of the year the child was 12 years old.
Do not include in column (e) qualified expenses:
You incurred in 2020 but did not pay until 2021. You may be able to use these expenses to increase your 2021 credit.
You incurred in 2019 but did not pay until 2020. Instead, see instructions for line 11.
You prepaid in 2020 for care to be provided in 2021. These expenses may only be used to figure your 2021 credit.
A qualified expense does not include the amount you paid for education (school tuition) or the amount you received through a subsidy program.
Qualified expenses include: Qualified expenses do not include: The cost of care for the qualifying person’s well-being and protection. If care was provided by a dependent care center, the center must meet all applicable state and local regulations. Cost of pre-school or similar program below the kindergarten level. Day camp, even if it specialized in a particular activity, such as soccer. Child support payments. Payments made to the parent of your qualifying child. Payments made to your spouse/RDP. Payments made to your child who is under age 19 at the end of the year, even if he or she is not your dependent. Payments made to a dependent for whom you (or your spouse/RDP) can claim a dependent exemption. Expenses paid by or reimbursed through a subsidy program. Cost for education (school tuition) at the kindergarten level and above. Overnight camp.
(forms)(2020)(2020-3506-instructions)(block-26)Line 4#
Earned income includes: Earned income does not include: Wages, salary, tips, and other taxable employee compensation, as well as, military compensation including compensation for service in a combat zone. Net earnings from self‑employment. Strike benefits. Disability payments you report as wages. Active duty pay received by servicemembers of the armed forces is considered earned income regardless of whether the servicemember is domiciled in this state or elsewhere. Pensions or annuities Social security payments Workers’ compensation Interest Dividends Capital gains Unemployment compensation Public assistance California service income excluded under the Military Spouses Residency Relief Act.
Nonresidents and Part-Year Residents Only: Earned income from California sources includes: Earned income does not include: Wages, salary, tips, and other taxable employee compensation for working in California, as well as, military compensation including compensation for service in a combat zone. Net earnings from self‑employment from California business activities. Strike benefits related to California employment. Disability payments you report as California wages. Active duty pay received by servicemembers of the armed forces is considered earned income regardless of whether the servicemember is domiciled in this state or elsewhere. Pensions or annuities Social security payments Workers’ compensation Interest Dividends Capital gains Unemployment compensation Public assistance California service income excluded under the Military Spouses Residency Relief Act.
(forms)(2020)(2020-3506-instructions)(block-27)Spouse/RDP Who Was a Student or Disabled#
Your spouse/RDP was a student if he or she was enrolled as a full-time student at a school during any 5 months of 2020. A school does not include a night school or correspondence school.
Your spouse/RDP was disabled if he or she was not capable of self-care.
Figure your spouse’s/RDP’s earned income on a monthly basis.
For each month your spouse/RDP was a full-time student or disabled, enter on line 5 the larger of the following:
Your spouse’s/RDP’s actual earned income for that month.
$250 ($500, if you have 2 or more qualifying persons).
If, in the same month, both you and your spouse/RDP qualified as either full-time students or disabled, only one of you receive treatment as having earned income of $250 (or $500) in that month. For any month that your spouse/RDP was not a full-time student or disabled, use your spouse’s/RDP’s actual earned income for that month.
(forms)(2020)(2020-3506-instructions)(block-28)Line 7#
Use the chart below to determine the decimal amount to enter on line 7. Your federal AGI is on Form 540, line 13 or Form 540NR, line 13. For military personnel domiciled outside of California, use your federal AGI less your military pay to determine the decimal amount to enter on line 7.
If your Federal AGI is: Over But not over The decimal amount on Line 7 is: $0 $15,000 .35 15,000 17,000 .34 17,000 19,000 .33 19,000 21,000 .32 21,000 23,000 .31 23,000 25,000 .30 25,000 27,000 .29 27,000 29,000 .28 29,000 31,000 .27 31,000 33,000 .26 33,000 35,000 .25 35,000 37,000 .24 37,000 39,000 .23 39,000 41,000 .22 41,000 43,000 .21 43,000 No limit .20
(forms)(2020)(2020-3506-instructions)(block-29)Line 9#
Use the chart below to determine the decimal amount to enter on line 9. For military personnel domiciled outside of California, use your federal AGI less your military pay to determine the decimal amount to enter on line 9.
If your federal AGI from Form 540, line 13 or Form 540NR, line 13 is: The decimal amount to enter on line 9 is: $40,000 or less .50 Over $40,000 but not over $70,000 .43 Over $70,000 but not over $100,000 .34 Over $100,000 Stop. You do not qualify for this credit.
(forms)(2020)(2020-3506-instructions)(block-30)Line 11#
If you had qualified expenses for care that was provided in 2019 that you paid for in 2020, you may be able to increase your credit for 2020. Complete the Worksheet on Side 2 of form FTB 3506. See Worksheet instructions on this page.
(forms)(2020)(2020-3506-instructions)(block-31)Line 13#
Dependent care benefits are:
Amounts an employer paid directly to you (or your spouse/RDP), or to your care provider for the care of your qualifying person(s), while you worked.
A day-care facility provided by your employer.
Generally deducted from your salary.
Shown in box 10 of your 2020 federal Form(s) W-2.
(forms)(2020)(2020-3506-instructions)(block-32)Line 14#
Enter the amount from federal Form 2441, line 13.
(forms)(2020)(2020-3506-instructions)(block-33)Line 15#
If you had a flexible spending account, any amount included on line 13 that you did not receive because you did not incur the expense is considered forfeited. Do not include amounts you expect to receive at a future date.
(forms)(2020)(2020-3506-instructions)(block-34)Line 17#
Enter the total of all qualified expenses incurred in 2020. It does not matter when the expenses were paid.
A qualified expense does not include the amount you paid for education (school tuition) or the amount you received through a subsidy program.
Example: You received $2,000 cash under your employer’s dependent care plan for 2020. The $2,000 is shown in box 10 of your federal Form W-2. You incurred $900 of qualified expenses in 2020 for the care of your 3-year-old dependent child. Enter $900 on line 17, but report the entire $2,000 on line 13.
For all other lines, follow specific line instructions on the form. For additional information, get federal Form 2441 or federal Publication 503, Child and Dependent Care Expenses.
(forms)(2020)(2020-3506-instructions)(block-35)Line 20#
If you are married or an RDP filing a separate return and you meet the requirements of Section E, Married Persons or RDPs Filing Separate Tax Returns, item 1, then enter your earned income from line 19. On line 22, enter $5,000.
If you were married or an RDP and filed a separate return but did not meet the requirements of Section E, Married Persons or RDPs Filing Separate Tax Returns, item 1, then enter your spouse’s/RDP’s earned income . If your spouse/RDP was a student or disabled in 2020, see the instructions for line 5. On line 22, enter $2,500.
(forms)(2020)(2020-3506-instructions)(block-36)Worksheet – Credit for 2019 Expenses Paid in 2020#
You will need a copy of your 2019 California tax return to complete the worksheet.
(forms)(2020)(2020-3506-instructions)(block-37)Line 12 and line 14#
You need the 2019 form FTB 3506 instructions to complete the Credit for 2019 Expenses Paid in 2020 Worksheet, on Side 2. Forms are available at ftb.ca.gov/forms or by calling 800-338-0505.
(forms)(2020)(2020-3506-instructions)(block-38)Line 12#
Enter the decimal amount from the chart in the line 7 instructions of the 2019 form FTB 3506 that corresponds to your 2019 federal AGI.
(forms)(2020)(2020-3506-instructions)(block-39)Line 14#
Enter the decimal amount from the chart in the line 9 instructions of the 2019 form FTB 3506 that corresponds to your 2019 California AGI.
(forms)(2021)(2021-540)2021 Form 540, California Resident Income Tax Return#
(forms)(2021)(2021-540)(document-1)#
3101213 Form 540 2021 Side 1 333 6 If someone can claim you (or your spouse/RDP) as a dependent, check the box here. See inst . . . . . . . 6 Exemptions ▶For line 7, line 8, line 9, and line 10: Multiply the number you enter in the box by the pre-printed dollar amount for that line. Whole dollars only 7 Personal: If you checked box 1, 3, or 4 above, enter 1 in the box. If you checked box 2 or 5, enter 2 in the box. If you checked the box on line 6, see instructions. 7 X $129 = X $129 = X $129 = $ $ $ 8 Blind: If you (or your spouse/RDP) are visually impaired, enter 1; if both are visually impaired, enter 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Senior: If you (or your spouse/RDP) are 65 or older, enter 1; if both are 65 or older, enter 2. See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . 9 TAXABLE YEAR 2021 California Resident Income Tax Return FORM 540 TAXABLE YEAR 2021 California Resident Income Tax Return FORM 540 TAXABLE YEAR 2021 California Resident Income Tax Return FORM 540 Single Married/RDP filing jointly. See inst. If your California filing status is different from your federal filing status, check the box here . . . . . . . . . . . . . . If your address above is the same as your principal/physical residence address at the time of filing, check this box . . . If not, enter below your principal/physical residence address at the time of filing. Married/RDP filing separately. Enter spouse’s/RDP’s SSN or ITIN above and full name here. 1 2 3 4 5 Head of household (with qualifying person). See instructions. Qualifying widow(er). See instructions. Filing Status Principal Residence Enter year spouse/RDP died. • • Street address (number and street) (If foreign address, see instructions.) Apt. no/ste. no. State ZIP code Enter your county at time of filing (see instructions) Your DOB (mm/dd/yyyy) Spouse’s/RDP’s DOB (mm/dd/yyyy) Your prior name (see instructions) Spouse’s/RDP’s prior name (see instructions) Date of Birth Prior Name • • • • Your first name Initial Last name Suffix Your SSN or ITIN If joint tax return, spouse’s/RDP’s first name Initial Last name Suffix Spouse’s/RDP’s SSN or ITIN Additional information (see instructions) PBA code Street address (number and street) or PO box Apt. no/ste. no. PMB/private mailbox City (If you have a foreign address, see instructions) State ZIP code Foreign country name Foreign province/state/county Foreign postal code Check here if this is an AMENDED return. Fiscal year filers only: Enter month of year end: month________ year 2022. A R RP City
3102213 333 Side 2 Form 540 2021 $ 11 Exemption amount: Add line 7 through line 10. Transfer this amount to line 32 . . . . . . . . . . . . . 11 Taxable Income . . . . . . . . . . . . . 00 00 00 00 00 00 00 00 00 00 00 00 00 12 State wages from your federal Form(s) W-2, box 16 . . . . . . . . . . . . . . . . . . . . . . 12 13 Enter federal adjusted gross income from federal Form 1040 or 1040-SR, line 11 . . . . . . . . 13 14 California adjustments – subtractions. Enter the amount from Schedule CA (540), Part I, line 27, column B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 Subtract line 14 from line 13. If less than zero, enter the result in parentheses.
See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 16 California adjustments – additions. Enter the amount from Schedule CA (540), Part I, line 27, column C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 18 17 California adjusted gross income. Combine line 15 and line 16 . . . . . . . . . . . . . . . . . . . . . . . 32 Exemption credits. Enter the amount from line 11. If your federal AGI is more than $212,288, see instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Subtract line 32 from line 31. If less than zero, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Add line 33 and line 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Tax. See instructions. Check the box if from: 19 Subtract line 18 from line 17. This is your taxable income. If less than zero, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 32 33 35 34 18 19 Tax 31 Tax. Check the box if from: Tax Table Tax Rate Schedule FTB 3800 FTB 3803 . . . . . . . . . . . . . . . . 31 Schedule G-1 FTB 5870A . . Your name: Your SSN or ITIN: Special Credits . . 00 00 43 44 { { Enter the larger of Your California itemized deductions from Schedule CA (540), Part II, line 30; OR Your California standard deduction shown below for your filing status: • Single or Married/RDP filing separately . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,803 • Married/RDP filing jointly, Head of household, or Qualifying widow(er) . . . . $9,606 If Married/RDP filing separately or the box on line 6 is checked, STOP. See instructions . 00 40 Nonrefundable Child and Dependent Care Expenses Credit. See instructions. . . . . . . . . . . . . 40 • • • • • • • • • • • • • • • • Enter credit name Enter credit name code code and amount. . . and amount. . . 43 44 Total dependent exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 X $400 = $ Dependent’s relationship to you • Dependent 1 Dependent 2 Dependent 3 First Name Last Name SSN. See instructions. • • • 10 Dependents: Do not include yourself or your spouse/RDP. Exemptions (continued)
3103213 Form 540 2021 Side 3 333 . 00 45 To claim more than two credits. See instructions. Attach Schedule P (540). . . . . . . . . . . . . . 45 Payments . . . . . . . . . . . 00 00 00 00 00 00 00 00 00 00 71 California income tax withheld. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 2021 CA estimated tax and other payments. See instructions . . . . . . . . . . . . . . . . . . . . . . . . 73 Withholding (Form 592-B and/or 593). See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Excess SDI (or VPDI) withheld. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Earned Income Tax Credit (EITC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Young Child Tax Credit (YCTC). See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Net Premium Assistance Subsidy (PAS). See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Add line 71 through line 77. These are your total payments. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 72 73 74 75 76 77 78 Overpaid Tax/Tax Due ISR Penalty Your name: Your SSN or ITIN: Use Tax . 00 91 Use Tax. Do not leave blank. See instructions . . . . . . . . . . . . . . . . . . . . . . 91 If line 91 is zero, check if: No use tax is owed. You paid your use tax obligation directly to CDTFA. 92 If you and your household had full-year health care coverage, check the box. See instructions. Medicare Part A or C coverage is qualifying health care coverage. . . . . . . . If you did not check the box, see instructions. 93 Payments balance. If line 78 is more than line 91, subtract line 91 from line 78 . . . . . . . . . . 94 Use Tax balance. If line 91 is more than line 78, subtract line 78 from line 91 . . . . . . . . . . . Individual Shared Responsibility (ISR) Penalty. See instructions . . . . . . . . 93 94 92 • • • • • • • • • • . . . 00 00 00 46 Nonrefundable Renter’s Credit. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Add line 40 through line 46. These are your total credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Subtract line 47 from line 35. If less than zero, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 47 48 • Other Taxes . . . . . 00 00 00 00 00 61 Alternative Minimum Tax. Attach Schedule P (540) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Mental Health Services Tax. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Other taxes and credit recapture. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Excess Advance Premium Assistance Subsidy (APAS) repayment. See instructions. . . . . . . 65 Add line 48, line 61, line 62, line 63, and line 64. This is your total tax . . . . . . . . . . . . . . . . . 61 62 63 64 65 • • • • • Special Credits (continued) . . 00 00 95 Payments after Individual Shared Responsibility Penalty. If line 93 is more than line 92, subtract line 92 from line 93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Individual Shared Responsibility Penalty Balance. If line 92 is more than line 93, then subtract line 93 from line 92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 96 • 00
3104213 333 Side 4 Form 540 2021 . . . . . . . . . . . . . . . . . . . 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 California Peace Officer Memorial Foundation Voluntary Tax Contribution Fund. . . . . . . . . . . Keep Arts in Schools Voluntary Tax Contribution Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . California Sea Otter Voluntary Tax Contribution Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schools Not Prisons Voluntary Tax Contribution Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suicide Prevention Voluntary Tax Contribution Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mental Health Crisis Prevention Voluntary Tax Contribution Fund. . . . . . . . . . . . . . . . . . . . . . California Community and Neighborhood Tree Voluntary Tax Contribution Fund . . . . . . . . . . California Cancer Research Voluntary Tax Contribution Fund . . . . . . . . . . . . . . . . . . . . . . . . . Prevention of Animal Homelessness and Cruelty Voluntary Tax Contribution Fund . . . . . . . . California Senior Citizen Advocacy Voluntary Tax Contribution Fund . . . . . . . . . . . . . . . . . . . California Breast Cancer Research Voluntary Tax Contribution Fund. . . . . . . . . . . . . . . . . . . . School Supplies for Homeless Children Voluntary Tax Contribution Fund . . . . . . . . . . . . . . . California Firefighters’ Memorial Voluntary Tax Contribution Fund . . . . . . . . . . . . . . . . . . . . . State Parks Protection Fund/Parks Pass Purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund. . . . . . . . . . . . . . . . Emergency Food for Families Voluntary Tax Contribution Fund . . . . . . . . . . . . . . . . . . . . . . . Protect Our Coast and Oceans Voluntary Tax Contribution Fund. . . . . . . . . . . . . . . . . . . . . . . Rape Kit Backlog Voluntary Tax Contribution Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Add code 400 through code 446. This is your total contribution . . . . . . . . . . . . . . . . . . . . . . 408 425 410 443 444 445 446 413 431 438 405 422 406 423 439 407 424 440 110 Your name: Your SSN or ITIN: Code Amount Contributions • • • • • • • • • • • • • • • • • • • . . . 00 00 00 California Seniors Special Fund. See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alzheimer’s Disease and Related Dementia Voluntary Tax Contribution Fund . . . . . . . . . . . . . Rare and Endangered Species Preservation Voluntary Tax Contribution Program . . . . . . . . . 400 401 403 • • • . . . . 00 00 00 00 97 Overpaid tax. If line 95 is more than line 65, subtract line 65 from line 95. . . . . . . . . . . . . . . 98 Amount of line 97 you want applied to your 2022 estimated tax . . . . . . . . . . . . . . . . . . . . . . 99 Overpaid tax available this year. Subtract line 98 from line 97 . . . . . . . . . . . . . . . . . . . . . . . . 100 Tax due. If line 95 is less than line 65, subtract line 95 from line 65 . . . . . . . . . . . . . . . . . . . 97 98 99 100 • • Overpaid Tax/Tax Due (continued)
3105213 Form 540 2021 Side 5 333 Your name: Your SSN or ITIN: . . . . 00 00 00 00 112 Interest, late return penalties, and late payment penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Total amount due. See instructions. Enclose, but do not staple, any payment . . . . . . . . . . . . 113 Underpayment of estimated tax. 112 111 114 113 FTB 5805 attached FTB 5805F attached . . . . . . . . . . . Amoun t You Owe Pay Online – Go to ftb.ca.gov/pay for more information. Interest and Penalties Refund and Direct Deposit . . . 00 00 00 115 REFUND OR NO AMOUNT DUE. Subtract the sum of line 110, line 112 and line 113 from line 99. See instructions. 115 116 117 Mail to: FRANCHISE TAX BOARD, PO BOX 942840, SACRAMENTO CA 94240-0001.. . . . . . Fill in the information to authorize direct deposit of your refund into one or two accounts. Do not attach a voided check or a deposit slip. See instructions. Have you verified the routing and account numbers? Use whole dollars only. All or the following amount of my refund (line 115) is authorized for direct deposit into the account shown below: Routing number Routing number Type Type Checking Checking Savings Savings Account number Account number Direct deposit amount Direct deposit amount The remaining amount of my refund (line 115) is authorized for direct deposit into the account shown below: IMPORTANT: See the instructions to find out if you should attach a copy of your complete federal tax return. Our privacy notice can be found in annual tax booklets or online. Go to ftb.ca.gov/privacy to learn about our privacy policy statement, or go to ftb.ca.gov/forms and search for 1131 to locate FTB 1131 EN-SP, Franchise Tax Board Privacy Notice on Collection. To request this notice by mail, call 800.338.0505 and enter form code 948 when instructed. Under penalties of perjury, I declare that I have examined this tax return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Sign Here It is unlawful to forge a spouse’s/ RDP’s signature. Joint tax return? (See instructions) Your signature Date Spouse’s/RDP’s signature (if a joint tax return, both must sign) Your email address. Enter only one email address. Print Third Party Designee’s Name Firm’s name (or yours, if self-employed) Firm’s address Paid preparer’s signature (declaration of preparer is based on all information of which preparer has any knowledge) Preferred phone number Telephone Number PTIN Firm’s FEIN Yes No Do you want to allow another person to discuss this tax return with us? See instructions. . . . . . . 111 AMOUNT YOU OWE. If you do not have an amount on line 99, add line 94, line 96, line 100, and line 110. See instructions. Do not send cash. Mail to: FRANCHISE TAX BOARD, PO BOX 942867, SACRAMENTO CA 94267-0001. . . . . • • • • • • • • • • • • • • • • Check the box:
(forms)(2021)(2021-540-booklet)2021 Personal Income Tax Booklet (California Forms and Instructions 540)#
(forms)(2021)(2021-540-booklet)(block-1)Important Dates#
When the due date falls on a weekend or holiday, the deadline to file and pay without penalty is extended to the next business day. Due to the federal Emancipation Day holiday observed on April 15, 2022, tax returns filed and payments mailed or submitted on April 18, 2022, will be considered timely.
April 18, 2022* Last day to file and pay the 2021 amount you owe to avoid penalties and interest.* See form FTB 3519 for more information. * If you are living or traveling outside the United States on April 18, 2022, the dates for filing your tax return and paying your tax are different. See form FTB 3519 for more information. October 17, 2022 Last day to file or e-file your 2021 tax return to avoid a late filing penalty and interest computed from the original due date of April 18, 2022. April 18, 2022 June 15, 2022 September 15, 2022 January 17, 2023 The dates for 2022 estimated tax payments. Generally, you do not have to make estimated tax payments if the total of your California withholdings is 90% of your required annual payment. Also, you do not have to make estimated tax payments if you will pay enough through withholding to keep the amount you owe with your tax return under $500 ($250 if married/registered domestic partner (RDP) filing separately). However, if you do not pay enough tax either through withholding or by making estimated tax payments, you may have an underpayment penalty. See Form 540-ES instructions for more information.
(forms)(2021)(2021-540-booklet)(block-2)Earned Income Tax Credit#
Federal Earned Income Credit (EIC) – Go to the Internal Revenue Service (IRS) website at irs.gov/taxtopics and choose topic 601 , get the federal income tax booklet, or go to irs.gov and search for eitc assistant .
California Earned Income Tax Credit (EITC) – EITC reduces your California tax obligation, or allows a refund if no California tax is due. You may qualify if you have wage income earned in California and/or net earnings from self‑employment of less than $30,001. You do not need a child to qualify. For more information, go to ftb.ca.gov and search for eitc or get form FTB 3514, California Earned Income Tax Credit.
(forms)(2021)(2021-540-booklet)(block-3)Young Child Tax Credit#
Young Child Tax Credit (YCTC) – YCTC reduces your California tax obligation, or allows a refund if no California tax is due. You may qualify for the credit if you qualified for the CA EITC and you have at least one qualifying child who is younger than six years old as of the last day of the taxable year. For more information, see the instructions for Form 540, California Resident Income Tax Return, line 76, and get form FTB 3514.
(forms)(2021)(2021-540-booklet)(block-4)Refund of Excess State Disability Insurance (SDI)#
If you worked for at least two employers during 2021 who together paid you more than $128,298 in wages, you may qualify for a refund of excess SDI. See instructions for Excess California SDI (or VPDI) Withheld .
(forms)(2021)(2021-540-booklet)(block-5)Common Errors and How to Prevent Them#
Help us process your tax return quickly and accurately. When we find an error, it requires us to stop to verify the information on the tax return, which slows processing. The most common errors consist of:
Claiming the wrong amount of estimated tax payments.
Claiming the wrong amount of standard deduction or itemized deductions.
Claiming a dependent already claimed on another return.
The amount of refund or payments made on an original return does not match our records when amending your tax return.
Claiming the wrong amount of withholding by incorrectly totaling or transferring the amounts from your federal Form W-2, Wage and Tax Statement.
Claiming the wrong amount of real estate withholding.
Claiming the wrong amount of SDI.
Claiming the wrong amount of exemption credits.
To avoid errors and help process your tax return faster, use these helpful hints when preparing your tax return.
(forms)(2021)(2021-540-booklet)(block-6)Claiming estimated tax payments:#
Verify the amount of estimated tax payments claimed on your tax return matches what you sent to the Franchise Tax Board (FTB) for that year. Go to ftb.ca.gov and login or register for MyFTB to view your total estimated tax payments before you file your tax return.
Verify the overpayment amount from your 2020 tax return you requested to be applied to your 2021 estimated tax.
(forms)(2021)(2021-540-booklet)(block-7)Claiming state disability insurance:#
Verify the amount of SDI used to figure the amount of excess SDI claimed on Form 540, line 74, matches amounts from your W-2’s.
(forms)(2021)(2021-540-booklet)(block-8)Claiming standard deduction or itemized deductions:#
See Form 540, line 18 instructions and worksheets for the amount of standard deduction or itemized deductions you can claim.
(forms)(2021)(2021-540-booklet)(block-9)Claiming withholding amounts:#
Go to ftb.ca.gov and login or register for MyFTB to verify withheld amount or see instructions for line 71 of Form 540. Confirm only California income tax withheld is claimed.
Verify real estate or other withholding amount from Form 592-B, Resident and Nonresident Withholding Tax Statement, and Form 593, Real Estate Withholding Statement. See instructions for line 73 of Form 540.
(forms)(2021)(2021-540-booklet)(block-10)Claiming refund or payments made on an original return when amending your tax return:#
Go to ftb.ca.gov and login or register for MyFTB to check tax return records for refund or payments made.
Verify the amount from your original return Form 540, line 115 and include any adjustment by FTB.
(forms)(2021)(2021-540-booklet)(block-11)Use e-file:#
By using e-file, you can eliminate many common errors. Go to ftb.ca.gov and search for efile options .
(forms)(2021)(2021-540-booklet)(block-12)Steps to Determine Filing Requirement#
Step 1 : Is your gross income (all income received from all sources in the form of money, goods, property, and services that are not exempt from tax) more than the amount shown in the California Gross Income chart below for your filing status, age, and number of dependents? If yes, you have a filing requirement. If no, go to Step 2.
(forms)(2021)(2021-540-booklet)(block-13)California Gross Income#
On 12/31/21, my filing status was: and on 12/31/21, my age was: (If your 65th birthday is on January 1, 2022, you are considered to be age 65 on December 31, 2021) 0 dependents 1 dependent 2 or more dependents Single or Head of household Under 65 19,310 32,643 42,643 65 or older 25,760 35,760 43,760 Married/RDP filing jointly Married/RDP filing separately (The income of both spouses/RDPs must be combined; both spouses/RDPs may be required to file a tax return even if only one spouse/RDP had income over the amounts listed.) Under 65 (both spouses/RDPs) 38,624 51,957 61,957 65 or older (one spouse/RDP) 45,074 55,074 63,074 65 or older (both spouses/RDPs) 51,524 61,524 69,524 Qualifying widow(er) Under 65 Not Applicable N/A 32,643 42,643 65 or older Not Applicable N/A 35,760 43,760 Dependent of another person – Any filing status Any age More than your standard deduction (Use the California Standard Deduction Worksheet for Dependents to figure your standard deduction.)
Step 2 : Is your adjusted gross income (federal adjusted gross income from all sources reduced or increased by all California income adjustments) more than the amount shown in the California Adjusted Gross Income chart below for your filing status, age, and number of dependents? If yes, you have a filing requirement. If no, go to Step 3.
(forms)(2021)(2021-540-booklet)(block-14)California Adjusted Gross Income#
On 12/31/21, my filing status was: and on 12/31/21, my age was: (If your 65th birthday is on January 1, 2022, you are considered to be age 65 on December 31, 2021) 0 dependents 1 dependent 2 or more dependents Single or Head of household Under 65 15,448 28,781 38,781 65 or older 21,898 31,898 39,898 Married/RDP filing jointly Married/RDP filing separately (The income of both spouses/RDPs must be combined; both spouses/RDPs may be required to file a tax return even if only one spouse/RDP had income over the amounts listed.) Under 65 (both spouses/RDPs) 30,901 44,234 54,234 65 or older (one spouse/RDP) 37,351 47,351 55,351 65 or older (both spouses/RDPs) 43,801 53,801 61,801 Qualifying widow(er) Under 65 Not Applicable N/A 28,781 38,781 65 or older Not Applicable N/A 31,898 39,898 Dependent of another person – Any filing status Any age More than your standard deduction (Use the California Standard Deduction Worksheet for Dependents to figure your standard deduction.)
Step 3 : If your income is less than the amounts on the chart you may still have a filing requirement. See “Requirements for Children with Investment Income” and “Other Situations When You Must File.” Do those instructions apply to you? If yes, you have a filing requirement. If no, go to Step 4.
Step 4 : Are you married/RDP filing separately with separate property income? If no, you do not have a filing requirement. If yes, prepare a tax return. If you owe tax, you have a filing requirement.
(forms)(2021)(2021-540-booklet)(block-15)Requirements for Children with Investment Income#
California law conforms to federal law which allows parents’ election to report a child’s interest and dividend income from children under age 19 or a student under age 24 on the parent’s tax return. For each child under age 19 or student under age 24 who received more than $2,200 of investment income in 2021, complete Form 540 and form FTB 3800, Tax Computation for Certain Children with Unearned Income, to figure the tax on a separate Form 540 for your child.
If you qualify, you may elect to report your child’s income of $11,000 or less (but not less than $1,100) on your tax return by completing form FTB 3803, Parents’ Election to Report Child’s Interest and Dividends. To make this election, your child’s income must be only from interest and/or dividends. To get forms FTB 3800 or FTB 3803, see “ Order Forms and Publications ” or go to ftb.ca.gov/forms .
(forms)(2021)(2021-540-booklet)(block-16)Other Situations When You Must File#
If you have a tax liability for 2021 or owe any of the following taxes for 2021, you must file Form 540.
Tax on a lump-sum distribution.
Tax on a qualified retirement plan including an Individual Retirement Arrangement (IRA) or an Archer Medical Savings Account (MSA).
Tax for children under age 19 or student under age 24 who have investment income greater than $2,200 (see paragraph above).
Alternative minimum tax.
Recapture taxes.
Deferred tax on certain installment obligations.
Tax on an accumulation distribution from a trust.
(forms)(2021)(2021-540-booklet)(block-17)Filing Status#
Use the same filing status for California that you used for your federal income tax return, unless you are an RDP. If you are an RDP and file single for federal, you must file married/RDP filing jointly or married/RDP filing separately for California. If you are an RDP and file head of household for federal purposes, you may file head of household for California purposes only if you meet the requirements to be considered unmarried or considered not in a domestic partnership.
Exception : If you file a joint tax return for federal purposes, you may file separately for California if either spouse was either of the following:
An active member of the United States armed forces or any auxiliary military branch during 2021.
A nonresident for the entire year and had no income from California sources during 2021. Community Property States : If the spouse earning the California source income is domiciled in a community property state, community income will be split equally between the spouses. Both spouses will have California source income and they will not qualify for the nonresident spouse exception.
If you had no federal filing requirement, use the same filing status for California that you would have used to file a federal income tax return.
If you filed a joint tax return and either you or your spouse/RDP was a nonresident for 2021, file Form 540NR, California Nonresident or Part-Year Resident Income Tax Return.
(forms)(2021)(2021-540-booklet)(block-18)Single#
You are single if any of the following was true on December 31, 2021:
You were not married or an RDP.
You were divorced under a final decree of divorce, legally separated under a final decree of legal separation, or terminated your registered domestic partnership.
You were widowed before January 1, 2021, and did not remarry or enter into another registered domestic partnership in 2021.
(forms)(2021)(2021-540-booklet)(block-19)Married/RDP Filing Jointly#
You may file married/RDP filing jointly if any of the following is true:
You were married or an RDP as of December 31, 2021, even if you did not live with your spouse/RDP at the end of 2021.
Your spouse/RDP died in 2021 and you did not remarry or enter into another registered domestic partnership in 2021.
Your spouse/RDP died in 2022 before you filed a 2021 tax return.
(forms)(2021)(2021-540-booklet)(block-20)Married/RDP Filing Separately#
Community property rules apply to the division of income if you use the married/RDP filing separately status. For more information, get FTB Pub. 1031, Guidelines for Determining Resident Status, FTB Pub. 737, Tax Information for Registered Domestic Partners, or FTB Pub. 1032, Tax Information for Military Personnel. See “ Order Forms and Publications ” or go to ftb.ca.gov/forms .
You cannot claim a personal exemption credit for your spouse/RDP even if your spouse/RDP had no income, is not filing a tax return, and is not claimed as a dependent on another person’s tax return.
You may be able to file as head of household if your child lived with you and you lived apart from your spouse/RDP during the entire last six months of 2021.
(forms)(2021)(2021-540-booklet)(block-21)Head of Household#
For the specific requirements that must be met to qualify for head of household (HOH) filing status, get FTB Pub. 1540, Tax Information for Head of Household Filing Status. In general, HOH filing status is for unmarried individuals and certain married individuals or RDPs living apart who provide a home for a specified relative. You may be entitled to use HOH filing status if all of the following apply:
You were unmarried and not in a registered domestic partnership, or you met the requirements to be considered unmarried or considered not in a registered domestic partnership on December 31, 2021.
You paid more than one-half the cost of keeping up your home for the year in 2021.
For more than half the year, your home was the main home for you and one of the specified relatives who by law can qualify you for HOH filing status.
You were not a nonresident alien at any time during the year.
For a child to qualify as your foster child for HOH purposes, the child must either be placed with you by an authorized placement agency or by order of a court.
California requires taxpayers who use HOH filing status to file form FTB 3532, Head of Household Filing Status Schedule, to report how the HOH filing status was determined.
Beginning in tax year 2018, if you do not attach a completed form FTB 3532 to your tax return, we will deny your HOH filing status. For more information about the HOH filing requirements, go to ftb.ca.gov and search for hoh . To get form FTB 3532, see “ Order Forms and Publications ” or go to ftb.ca.gov/forms .
(forms)(2021)(2021-540-booklet)(block-22)Qualifying Widow(er)#
Check the box on Form 540, line 5 and use the joint return tax rates for 2021 if all five of the following apply:
Your spouse/RDP died in 2019 or 2020 and you did not remarry or enter into another registered domestic partnership in 2021.
You have a child, stepchild, or adopted child (not a foster child) whom you can claim as a dependent or could claim as a dependent except that, for 2021: The child had gross income of $4,300 or more; The child filed a joint return, or You could be claimed as a dependent on someone else’s return. If the child isn’t claimed as your dependent, enter the child’s name in the entry space under the "Qualifying widow(er)" filing status.
This child lived in your home for all of 2021. Temporary absences, such as for vacation or school, count as time lived in the home.
You paid over half the cost of keeping up your home for this child.
You could have filed a joint tax return with your spouse/RDP the year he or she died, even if you actually did not do so.
(forms)(2021)(2021-540-booklet)(block-23)Differences between California and Federal Law#
In general, for taxable years beginning on or after January 1, 2015, California law conforms to the Internal Revenue Code (IRC) as of January 1, 2015. However, there are continuing differences between California and federal law. When California conforms to federal tax law changes, we do not always adopt all of the changes made at the federal level. For more information, go to ftb.ca.gov and search for conformity . Additional information can be found in FTB Pub. 1001, Supplemental Guidelines to California Adjustments, the instructions for California Schedule CA (540), California Adjustments – Residents, and the Business Entity tax booklets.
The instructions provided with California tax forms are a summary of California tax law and are only intended to aid taxpayers in preparing their state income tax returns. We include information that is most useful to the greatest number of taxpayers in the limited space available. It is not possible to include all requirements of the California Revenue and Taxation Code (R&TC) in the instructions. Taxpayers should not consider the instructions as authoritative law.
Conformity – For updates regarding federal acts, go to ftb.ca.gov and search for conformity .
(forms)(2021)(2021-540-booklet)(block-24)2021 Tax Law Changes/What’s New#
Voluntary Contributions – You may contribute to the following new funds:
Mental Health Crisis Prevention Voluntary Tax Contribution Fund
California Community and Neighborhood Tree Voluntary Tax Contribution Fund
COBRA Premium Assistance – The American Rescue Plan Act (ARPA) of 2021, enacted on March 11, 2021, allows an exclusion from gross income for COBRA premium assistance subsidies received by eligible individuals for the COBRA coverage period beginning on April 1, 2021 and ending on September 30, 2021. California law does not conform to this federal provision. For more information, see Schedule CA (540) instructions.
Employer-Provided Dependent Care Assistance Exclusion – California conforms to the employer-provided dependent care assistance exclusion from gross income as of the specified date of January 1, 2015, without any modifications. The ARPA of 2021 enacted on March 11, 2021, temporarily increases the amount of the exclusion from gross income from $5,000 to $10,500 (and half of that amount for married filing separate) for employer-provided dependent care assistance. CA law does not conform to this change under the federal ARPA. For more information, see Schedule CA (540) instructions.
Expanded Definition of Qualified Higher Education Expenses – For taxable years beginning on or after January 1, 2021, California law conforms to the expanded definition of qualified higher education expenses associated with participation in a registered apprenticeship program and payment on the principal or interest of a qualified education loan under the federal Further Consolidated Appropriations Act, 2020.
Federal Acts – In general, R&TC does not conform to the changes under the following federal acts. California taxpayers continue to follow the IRC as of the specified date of January 1, 2015, with modifications. For specific adjustments due to the following acts, see the Schedule CA (540) instructions.
American Rescue Plan Act (ARPA) of 2021 (enacted on March 11, 2021)
Consolidated Appropriations Act (CAA), 2021 (enacted on December 27, 2020)
Coronavirus Aid, Relief, and Economic Security (CARES) Act (enacted on March 27, 2020)
Setting Every Community Up for Retirement Enhancement (SECURE) Act (enacted on December 20, 2019)
California Microbusiness COVID-19 Relief Grant – For taxable years beginning on or after January 1, 2020, and before January 1, 2023, California law allows an exclusion from gross income for grant allocations received by a taxpayer pursuant to the California Microbusiness COVID-19 Relief Program that is administered by the Office of Small Business Advocate (CalOSBA). For more information, see R&TC Section 17158.1 and Schedule CA (540) instructions.
Shuttered Venue Operator Grant – For taxable years beginning on or after January 1, 2019, California law allows an exclusion from gross income for amounts awarded as a shuttered venue operator grant under the CAA, 2021. The CAA, 2021, allows deductions for eligible expenses paid for with grant amounts. California law conforms to this federal provision, with modifications. For California purposes, these deductions do not apply to an ineligible entity. "Ineligible entity" means a taxpayer that is either a publicly-traded company or does not meet the 25% reduction from gross receipts requirements under Section 311 of Division N of the CAA, 2021. For more information, see R&TC Section 17158.3 and Schedule CA (540) instructions.
California Venues Grant – For taxable years beginning on or after September 1, 2020, and before January 1, 2030, California law allows an exclusion from gross income for grant allocations received by a taxpayer pursuant to the California Venues Grant Program that is administered by CalOSBA. For more information, see R&TC Section 17158 and Schedule CA (540) instructions.
Small Business COVID-19 Relief Grant Program – For taxable years beginning on or after January 1, 2020, and before January 1, 2030, California allows an exclusion from gross income for grant allocations received by a taxpayer pursuant to the COVID-19 Relief Grant under Executive Order No.E 20/21-182 and the California Small Business COVID-19 Relief Grant Program established by Section 12100.83 of the Government Code. For more information, see Schedule CA (540) instructions.
Income Exclusion for Rent Forgiveness – For taxable years beginning on or after January 1, 2020, and before January 1, 2025, gross income shall not include a tenant’s rent liability that is forgiven by a landlord or rent forgiveness provided through funds grantees received as a direct allocation from the Secretary of the Treasury based on the federal CAA, 2021. For more information, see Schedule CA (540) instructions.
Paycheck Protection Program (PPP) Loans Forgiveness – For taxable years beginning on or after January 1, 2019, California law allows an exclusion from gross income for covered loan amounts forgiven under the federal CARES Act, Paycheck Protection Program and Health Care Enhancement Act, Paycheck Protection Program Flexibility Act of 2020, the CAA, 2021, or the PPP Extension Act of 2021.
Also, the ARPA expands PPP eligibility to include “additional covered nonprofit entities” which includes certain Code 501(c) nonprofit organizations and Internet-only news publishers and Internet-only periodical publishers. California law does not conform to this expansion of PPP eligibility. For more information, see Schedule CA (540) instructions.
The CAA, 2021, allows deductions for eligible expenses paid for with covered loan amounts. California law conforms to this federal provision, with modifications. For California purposes, these deductions do not apply to an ineligible entity. “Ineligible entity” means a taxpayer that is either a publicly-traded company or does not meet the 25% reduction from gross receipts requirements under Section 311 of Division N of the CAA, 2021. For more information, see Schedule CA (540) instructions or R&TC Section 17131.8 or go to ftb.ca.gov and search for AB 80 .
Revenue Procedure 2021-20 allows taxpayers to make an election to report the eligible expense deductions related to a PPP loan on a timely filed original 2021 tax return including extensions. If a taxpayer makes an election for federal purposes, California will follow the federal treatment for California tax purposes.
Advance Grant Amount – For taxable years beginning on or after January 1, 2019, California law conforms to the federal law regarding the treatment for an emergency Economic Injury Disaster Loan (EIDL) grant under the federal CARES Act or a targeted EIDL advance under the CAA, 2021.
Other Loan Forgiveness – For taxable years beginning on or after January 1, 2019, California law allows an exclusion from gross income for borrowers of forgiveness of indebtedness described in Section 1109(d)(2)(D) of the federal CARES Act as stated by section 278, Division N of the federal CAA, 2021. The CAA, 2021, allows deductions for eligible expenses paid for with covered loan amounts. California law conforms to this federal provision, with modifications. For California purposes, these deductions generally do not apply to an ineligible entity. “Ineligible entity” means a taxpayer that is either a publicly-traded company or does not meet the 25% reduction from gross receipts requirements under Section 311 of the CAA, 2021. For more information, see Schedule CA (540) instructions or go to ftb.ca.gov and search for AB 80 .
Gross Income Exclusion for Bruce’s Beach – Effective September 30, 2021, California law allows an exclusion from gross income for the first time sale in the taxable year in which the land within Manhattan State Beach, known as “Peck’s Manhattan Beach Tract Block 5” and commonly referred to as “Bruce’s Beach” is sold, transferred, or encumbered. A recipient’s gross income does not include the following:
Any sale, transfer, or encumbrance of Bruce’s Beach;
Any gain, income, or proceeds received that is directly derived from the sale, transfer, or encumbrance of Bruce’s Beach.
For more information, get Schedule D (540), California Capital Gain or Loss Adjustment.
Reporting Requirements – For taxable years beginning on or after January 1, 2021, taxpayers who benefited from the exclusion from gross income for the PPP loans forgiveness, other loan forgiveness, the EIDL advance grant, restaurant revitalization grant, or shuttered venue operator grant, and related eligible expense deductions under the federal CARES Act, Paycheck Protection Program and Health Care Enhancement Act, Paycheck Protection Program Flexibility Act of 2020, the ARPA of 2021, the CAA, 2021, or the PPP Extension Act of 2021, should file form FTB 4197, Information on Tax Expenditure Items, as part of the Franchise Tax Board’s annual reporting requirement. For more information, get form FTB 4197.
Moving Expense Deduction – For taxable years beginning on or after January 1, 2021, taxpayers should file California form FTB 3913, Moving Expense Deduction, to claim moving expense deductions. Attach the completed form FTB 3913 to Form 540, California Resident Income Tax Return. For more information, see Schedule CA (540) instructions and get form FTB 3913.
Homeless Hiring Tax Credit – For taxable years beginning on or after January 1, 2022, and before January 1, 2027, a Homeless Hiring Tax Credit (HHTC) will be available to a qualified taxpayer that hires individuals who are, or recently were, homeless. The amount of the tax credit will be based on the number of hours the employee works in the taxable year. Employers must obtain a certification of the individual’s homeless status from an organization that works with the homeless and must receive a tentative credit reservation for that employee. Any credits not used in the taxable year may be carried forward up to three years. For more information, go to ftb.ca.gov and search for hhtc .
Elective Tax for Pass-Through Entities (PTE) and Credit for Owners – For taxable years beginning on or after January 1, 2021, and before January 1, 2026, California law allows an entity taxed as a partnership or an “S” corporation to annually elect to pay an elective tax at a rate of 9.3 percent based on its qualified net income. The election shall be made on an original, timely filed return and is irrevocable for the taxable year.
The law allows a credit against the personal income tax to a taxpayer, other than a partnership, that is a partner, shareholder, or member of a qualified entity that elects to pay the elective tax, in an amount equal to 9.3 percent of the partner’s, shareholder’s, or member’s pro rata share or distributive share and guaranteed payments of qualified net income subject to the election made by the qualified entity. A disregarded business entity and its partners or members cannot claim the credit, except for a disregarded single member limited liability company (SMLLC) that is owned by an individual, fiduciary, estate, or trust subject to personal income tax. For more information, go to ftb.ca.gov and search for pte elective tax and get the following new PTE elective tax forms and instructions:
Form FTB 3893, Pass-Through Entity Elective Tax Payment Voucher
Form FTB 3804, Pass-Through Entity Elective Tax Calculation
Form FTB 3804-CR, Pass-Through Entity Elective Tax Credit
Main Street Small Business Tax Credit II – For the taxable year beginning on or after January 1, 2021, and before January 1, 2022, a new Main Street Small Business Tax Credit is available to a qualified small business employer that received a tentative credit reservation from the California Department of Tax and Fee Administration (CDTFA). For more information, get form FTB 3866, Main Street Small Business Tax Credits.
New Donated Fresh Fruits or Vegetables Credit – The sunset date for the New Donated Fresh Fruits or Vegetables Credit is extended until taxable years beginning before January 1, 2027. For more information, get form FTB 3814, New Donated Fresh Fruits or Vegetables Credit.
Natural Heritage Preservation Credit – The Natural Heritage Preservation Credit is available for qualified contributions made on or after January 1, 2021, and no later than June 30, 2026. This credit may not be claimed for any contributions made on or after July 1, 2020, and on or before December 31, 2020. For more information, get form FTB 3503, Natural Heritage Preservation Credit.
(forms)(2021)(2021-540-booklet)(block-25)Other Important Information#
Resident State Tax Filers List – For taxable years beginning on or after January 1, 2020, taxpayers will include on their Form 540 the address and county of their principal residence as part of the FTB’s annual reporting requirements to the jury commissioner. Taxpayers that are required to provide this information include persons who are 18 years of age or older and have filed a California resident income tax return for the preceding taxable year. The list of resident state tax filers will be used as one of the source lists for jury selection by the jury commissioner’s office. For more information, see specific line instructions or California R&TC Sections 19548.4 and 19585.
Dependent Exemption Credit with No ID – For taxable years beginning on or after January 1, 2018, taxpayers claiming a dependent exemption credit for a dependent who is ineligible for a Social Security Number (SSN) and a federal Individual Taxpayer Identification Number (ITIN) may provide alternative information to the FTB to identify the dependent. To claim the dependent exemption credit, taxpayers complete form FTB 3568, Alternative Identifying Information for the Dependent Exemption Credit, attach the form and required documentation to their tax return, and write “no id” in the SSN field of line 10, Dependents, on Form 540, California Resident Income Tax Return. For each dependent being claimed that does not have an SSN and an ITIN, a form FTB 3568 must be provided along with supporting documentation.
Taxpayers may amend their tax return beginning with taxable year 2018 to claim the dependent exemption credit. For more information on how to amend your tax returns, see “ Instructions for Filing a 2021 Amended Return .”
CARES Act Qualified Employer Plan Loans – For taxable years beginning on or after January 1, 2020, California conforms to the qualified employer plan loans provision under the federal CARES Act which temporarily increases the amount of loans allowable from a qualified employer plan to $100,000 for coronavirus-related relief and delays by one year the due date for any repayment for an outstanding loan from a qualified employer plan if requirements are met.
Expansion for Credits Eligibility – For taxable years beginning on or after January 1, 2020, California expanded EITC and YCTC eligibility to allow either the federal ITIN or the SSN to be used by all eligible individuals, their spouses, and qualifying children. If an ITIN is used, eligible individuals should provide identifying documents upon request of the FTB. Any valid SSN can be used, not only those that are valid for work. Additionally, upon receiving a valid SSN, the individual should notify the FTB in the time and manner prescribed by the FTB. The YCTC is available if the eligible individual or spouse has a qualifying child younger than six years old. For more information, go to ftb.ca.gov and search for eitc , or get form FTB 3514.
Worker Status: Employees and Independent Contractors – Some individuals may be classified as independent contractors for federal purposes and employees for California purposes, which may also cause changes in how their income and deductions are classified. Proposition 22 was operative as of December 16, 2020 and may affect a taxpayer’s worker classification. For more information, see the instructions for Schedule CA (540).
Minimum Essential Coverage Individual Mandate – For taxable years beginning on or after January 1, 2020, California law requires residents and their dependents to obtain and maintain minimum essential coverage (MEC), also referred to as qualifying health care coverage. Individuals who fail to maintain qualifying health care coverage for any month during the taxable year will be subject to a penalty unless they qualify for an exemption. For more information, see specific line instructions for Form 540, lines 64, 77, and 92, or get the following health care forms, instructions, and publications:
Form FTB 3849, Premium Assistance Subsidy
Form FTB 3853, Health Coverage Exemptions and Individual Shared Responsibility Penalty
Form FTB 3895, California Health Insurance Marketplace Statement
Publication 3849A, Premium Assistance Subsidy (PAS)
Publication 3895B, California Instructions for Filing Federal Forms 1094-B and 1095-B
Publication 3895C, California Instructions for Filing Federal Forms 1094-C and 1095-C
Rental Real Estate Activities – For taxable years beginning on or after January 1, 2020, the dollar limitation for the offset for rental real estate activities shall not apply to the low income housing credit program. For more information, see R&TC Section 17561(d)(1). Get form FTB 3801-CR, Passive Activity Credit Limitations, for more information.
R&TC Section 41 Reporting Requirements – Beginning in taxable year 2020, California allows individuals and other taxpayers operating under the personal income tax law to claim credits and deductions of business expenses paid or incurred during the taxable year in conducting commercial cannabis activity. Sole proprietors conducting a commercial cannabis activity that is licensed under California Medicinal and Adult-Use Cannabis Regulation and Safety Act should file form FTB 4197. The FTB uses information from form FTB 4197 for reports required by the California Legislature. Get form FTB 4197 for more information.
Net Operating Loss Suspension – For taxable years beginning on or after January 1, 2020, and before January 1, 2023, California has suspended the net operating loss (NOL) carryover deduction. Taxpayers may continue to compute and carryover an NOL during the suspension period. However , taxpayers with net business income or modified adjusted gross income of less than $1,000,000 or with disaster loss carryovers are not affected by the NOL suspension rules.
The carryover period for suspended losses is extended by:
Three years for losses incurred in taxable years beginning before January 1, 2020.
Two years for losses incurred in taxable years beginning on or after January 1, 2020, and before January 1, 2021.
One year for losses incurred in taxable years beginning on or after January 1, 2021, and before January 1, 2022.
For more information, see R&TC Section 17276.23, and get form FTB 3805V, Net Operating Loss (NOL) Computation and NOL and Disaster Loss Limitations – Individuals, Estates, and Trusts.
Excess Business Loss Limitation – The federal CARES Act made amendments to IRC Section 461(l) by eliminating the excess business loss limitation of noncorporate taxpayers for taxable year 2020 and retroactively removing the limitation for taxable years 2018 and 2019. California does not conform to those amendments. Also, California law does not conform to the federal changes in the ARPA that extends the limitation on excess business losses of noncorporate taxpayers for taxable years beginning after December 31, 2020, and ending before January 1, 2027. Complete form FTB 3461, California Limitation on Business Losses, if you are a noncorporate taxpayer and your net losses from all of your trades or businesses are more than $262,000 ($524,000 for married taxpayers filing a joint return). For more information, get form FTB 3461 and the instructions for Schedule CA (540).
Program 3.0 California Motion Picture and Television Production Credit – For taxable years beginning on or after January 1, 2020, California R&TC Section 17053.98 allows a third film credit, program 3.0 , against tax. The credit is allocated and certified by the California Film Commission (CFC). The qualified taxpayer can:
Offset the credit against income tax liability.
Sell the credit to an unrelated party (independent films only).
Assign the credit to an affiliated corporation.
Apply the credit against qualified sales and use taxes.
For more information, get form FTB 3541, California Motion Picture and Television Production Credit, form FTB 3551, Sale of Credit Attributable to an Independent Film, go to ftb.ca.gov and search for motion picture , or go to the CFC website at film.ca.gov and search for incentives .
Business Credit Limitation – For taxable years beginning on or after January 1, 2020, and before January 1, 2023, there is a $5,000,000 limitation on the application of business credits for taxpayers. The total of all business credits including the carryover of any business credit for the taxable year may not reduce the “net tax” by more than $5,000,000. Business credits should be applied against “net tax” before other credits. Business credits disallowed due to the limitation may be carried over. The carryover period for disallowed credits is extended by the number of taxable years the credit was not allowed. For more information, get Schedule P (540), Alternative Minimum Tax and Credit Limitations – Residents.
Loophole Closure and Small Business and Working Families Tax Relief Act of 2019 – The Tax Cuts and Jobs Act (TCJA) signed into law on December 22, 2017, made changes to the IRC. California R&TC does not conform to all of the changes. In general, for taxable years beginning on or after January 1, 2019, California conforms to the following TCJA provisions:
California Achieving a Better Life Experience (ABLE) Program
Student loan discharged on account of death or disability
Federal Deposit Insurance Corporation (FDIC) Premiums
Excess employee compensation
Excess business loss
Like-Kind Exchanges – The TCJA amended IRC Section 1031 limiting the nonrecognition of gain or loss on like-kind exchanges to real property held for productive use or investment. California conforms to this change under the TCJA for exchanges initiated after January 10, 2019. However, for California purposes, with regard to individuals, this limitation only applies to:
A taxpayer who is a head of household, a surviving spouse, or spouse filing a joint return with adjusted gross income (AGI) of $500,000 or more for the taxable year in which the exchange begins.
Any other taxpayer filing an individual return with AGI of $250,000 or more for the taxable year in which the exchange begins.
Get Schedule D-1, Sales of Business Property, for more information.
California requires taxpayers who exchange property located in California for like‑kind property located outside of California under IRC Section 1031, to file an annual information return with the FTB. For more information, get form FTB 3840, California Like‑Kind Exchanges, or go to ftb.ca.gov and search for like kind .
Young Child Tax Credit – For taxable years beginning on or after January 1, 2019, the refundable YCTC is available to taxpayers who also qualify for the California EITC and who have at least one qualifying child who is younger than six years old as of the last day of the taxable year. The maximum amount of credit allowable for a qualified taxpayer is $1,000. The credit amount phases out as earned income exceeds the threshold amount of $25,000, and completely phases out at $30,000. For more information, see specific line instructions for Form 540, line 76 and get form FTB 3514.
Net Operating Loss Carrybacks – For taxable years beginning on or after January 1, 2019, net operating loss carrybacks are not allowed.
Alimony – California law does not conform to changes made by the TCJA to federal law regarding alimony and separate maintenance payments that are not deductible by the payor spouse, and are not includable in the income of the receiving spouse, if made under any divorce or separation agreement executed after December 31, 2018, or executed on or before December 31, 2018, and modified after that date (if the modification expressly provides that the amendments apply). See Schedule CA (540) specific line instructions for more information.
Small Business Accounting/Percentage of Completion Method – For taxable years beginning on or after January 1, 2019, California law generally conforms to the TCJA’s definition of small businesses as taxpayers whose average annual gross receipts over three years do not exceed $25 million. These small businesses are exempt from the requirement of using the Percentage of Completion Method of accounting for any construction contract if the contract is estimated to be completed within two years from the date the contract was entered into. A taxpayer may elect to apply the provision regarding accounting for long term contracts to contracts entered into on or after January 1, 2018.
Student Loan Discharged Due to Closure of a For-Profit School – California law allows an income exclusion for an eligible individual who is granted a discharge of any student loan under specified conditions. This income exclusion has now been expanded to include a discharge of student loans occurring on or after January 1, 2019, and before January 1, 2024, for individuals who attended a Brightwood College school or a location of The Art Institute of California. Additional information can be found in the instructions for California Schedule CA (540).
Charitable Contribution and Business Expense Deductions Disallowance – For taxable years beginning on or after January 1, 2014, California law disallows a charitable contribution deduction to an educational organization that is a postsecondary institution or to the Key Worldwide Foundation, and a deduction for a business expense related to a payment to the Edge College and Career Network, LLC, to a taxpayer who meets specific conditions, including that they are named in any of several specified criminal complaints. For taxable years beginning on or after 2014, file an amended Form 540 and Schedule X, California Explanation of Amended Return Changes, to report the correct amount of charitable contribution and business expense deductions, as applicable. Additional information can be found in the instructions of California Schedule CA (540).
Real Estate Withholding Statement – Effective January 1, 2020, the real estate withholding forms and instructions have been consolidated into one new Form 593, Real Estate Withholding Statement . For more information, get Form 593.
California Earned Income Tax Credit – For taxable years beginning on or after January 1, 2018, the age limit for an eligible individual without a qualifying child is revised to 18 years or older. For more information, go to ftb.ca.gov and search for eitc or get form FTB 3514.
Native American Earned Income Exemption – For taxable years beginning on or after January 1, 2018, federally recognized tribal members living in California Indian country who earn income from any federally recognized California Indian country are exempt from California taxation. This exemption applies only to earned income. Enrolled tribal members who receive per capita income must reside in their affiliated tribe’s Indian country to qualify for tax exempt status. Additional information can be found in the instructions for Schedule CA (540) and form FTB 3504, Enrolled Tribal Member Certification.
IRC Section 965 Deferred Foreign Income – Under federal law, if you own (directly or indirectly) certain foreign corporations, you may have to include on your return certain deferred foreign income. California does not conform. For more information, see the Schedule CA (540) instructions.
Global Intangible Low-Taxed Income (GILTI) Under IRC Section 951A – Under federal law, if you are a U.S. shareholder of a controlled foreign corporation, you must include your GILTI in your income. California does not conform. For more information, see the Schedule CA (540) instructions.
Wrongful Incarceration Exclusion – California law conforms to federal law excluding from gross income certain amounts received by wrongfully incarcerated individuals for taxable years beginning before, on, or after January 1, 2018. If you included income for wrongful incarceration in a prior taxable year, you can file an amended California personal income tax return for that year. If the normal statute of limitations has expired, you must file a claim by January 1, 2019.
College Access Tax Credit – For taxable years beginning on and after January 1, 2017, and before January 1, 2023, the College Access Tax Credit (CATC) is available to entities awarded the credit from the California Educational Facilities Authority (CEFA). The credit is 50% of the amount contributed by the taxpayer for the taxable year to the College Access Tax Credit Fund. The amount of the credit is allocated and certified by the CEFA. For more information, go to the CEFA website at treasurer.ca.gov and search for catc .
Schedule X, California Explanation of Amended Return Changes – For taxable years beginning on or after January 1, 2017, use Schedule X to determine any additional amount you owe or refund due to you, and to provide reason(s) for amending your previously filed income tax return. For additional information, see “ Instructions for Filing a 2021 Amended Return .”
Improper Withholding on Severance Paid to Veterans – The Combat‑Injured Veterans Tax Fairness Act of 2016 gives veterans who retired from the Armed Forces for medical reasons additional time to claim a refund if they had taxes improperly withheld from their severance pay. If you filed an amended return with the IRS on this issue, you have two years to file your amended California return.
California Achieving a Better Life Experience (ABLE) Program – For taxable years beginning on or after January 1, 2016, the California Qualified ABLE Program was established and California generally conforms to the federal income tax treatment of ABLE accounts. This program was established to help blind or disabled U.S. residents save money in a tax-favored ABLE account to maintain health, independence, and quality of life. Additional information can be found in the instructions of form FTB 3805P, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts.
Electronic Funds Withdrawal (EFW) – Make extension or estimated tax payments using tax preparation software. Check with your software provider to determine if they support EFW for extension or estimated tax payments.
Payments and Credits Applied to Use Tax – For taxable years beginning on or after January 1, 2015, if a taxpayer includes use tax on their personal income tax return, payments and credits will be applied to use tax first, then towards income tax, interest, and penalties. For more information, see specific line instructions for Form 540, line 91.
Dependent Social Security Number – Taxpayers claiming an exemption credit must write each dependent’s SSN in the spaces provided within line 10 for the California Form 540. If you are claiming an exemption credit for a dependent who is ineligible for an SSN and a federal ITIN, you may complete and provide form FTB 3568 with required documentation attached to the tax return and write "no id" in the SSN field of line 10. For more information, see Form 540 specific instructions for line 10 and get form FTB 3568.
Financial Incentive for Seismic Improvement – Taxpayers can exclude from gross income any amount received as loan forgiveness, grant, credit, rebate, voucher, or other financial incentive issued by the California Residential Mitigation Program or the California Earthquake Authority to assist a residential property owner or occupant with expenses paid, or obligations incurred, for earthquake loss mitigation. Additional information can be found in the instructions for California Schedule CA (540).
Disaster Losses – For taxable years beginning on or after January 1, 2014, and before January 1, 2024, taxpayers may deduct a disaster loss for any loss sustained in any city, county, or city and county in California that is proclaimed by the Governor to be in a state of emergency. For these Governor-only declared disasters, subsequent state legislation is not required to activate the disaster loss provisions. Additional information can be found in the instructions for California form FTB 3805V.
Penalty Assessed by Professional Sports League – An owner of all or part of a professional sports franchise will not be allowed a deduction for the amount of any fine or penalty paid or incurred, that was assessed or imposed by the professional sports league that includes that franchise. Additional information can be found in the instructions for California Schedule CA (540).
Mandatory Electronic Payments – You are required to remit all your payments electronically once you make an estimate or extension payment exceeding $20,000 or you file an original tax return with a total tax liability over $80,000. Once you meet this threshold, all subsequent payments regardless of amount, tax type, or taxable year must be remitted electronically. The first payment that would trigger the mandatory e-pay requirement does not have to be made electronically. Individuals that do not send the payment electronically will be subject to a 1% noncompliance penalty.
You can request a waiver from mandatory e-pay if one or more of the following is true:
You have not made an estimated tax or extension payment in excess of $20,000 during the current or previous taxable year.
Your total tax liability reported for the previous taxable year did not exceed $80,000.
The amount you paid is not representative of your total tax liability.
For more information or to obtain the waiver form, go to ftb.ca.gov/e-pay . Electronic payments can be made using Web Pay on FTB’s website, EFW as part of the e-file return, or your credit card.
Estimated Tax Payments – Taxpayers are required to pay 30% of the required annual payment for the 1st required installment, 40% of the required annual payment for the 2nd required installment, no installment is due for the 3rd required installment, and 30% of the required annual payment for the 4th required installment.
Taxpayers with a tax liability less than $500 ($250 for married/RDP filing separately) do not need to make estimated tax payments.
Backup Withholding – With certain limited exceptions, payers that are required to withhold and remit backup withholding to the IRS are also required to withhold and remit to the FTB on income sourced to California. If the payee has backup withholding, the payee must contact the FTB to provide a valid taxpayer identification number, before filing the tax return. Failure to provide a valid taxpayer identification number may result in a denial of the backup withholding credit. For more information, go to ftb.ca.gov and search for backup withholding .
Registered Domestic Partners (RDP) – Under California law, RDPs must file their California income tax return using either the married/RDP filing jointly or married/RDP filing separately filing status. RDPs have the same legal benefits, protections, and responsibilities as married couples unless otherwise specified.
If you entered into a same sex legal union in another state, other than a marriage, and that union has been determined to be substantially equivalent to a California registered domestic partnership, you are required to file a California income tax return using either the married/RDP filing jointly or married/RDP filing separately filing status.
For purposes of California income tax, references to a spouse, husband, or wife also refer to a California RDP, unless otherwise specified. When we use the initials RDP they refer to both a California registered domestic “partner” and a California registered domestic “partnership,” as applicable. For more information on RDPs, get FTB Pub. 737.
Direct Deposit Refund – You can request a direct deposit refund on your tax return whether you e-file or file a paper tax return. Be sure to fill in the routing and account numbers carefully and double-check the numbers for accuracy to avoid it being rejected by your bank.
Direct Deposit for ScholarShare 529 College Savings Plans – If you have a ScholarShare 529 College Savings Plan account maintained by the ScholarShare Investment Board, you may have your refund directly deposited to your ScholarShare account. Go to scholarshare529.com for instructions.
California Disclosure Obligations – If the individual was involved in a reportable transaction, including a listed transaction, the individual may have a disclosure requirement. Attach federal Form 8886, Reportable Transaction Disclosure Statement, to the back of the California tax return along with any other supporting schedules. If this is the first time the reportable transaction is disclosed on the tax return, send a duplicate copy of the federal Form 8886 to the address below. The FTB may impose penalties if the individual fails to file federal Form 8886, or fails to provide any other required information. A material advisor is required to provide a reportable transaction number to all taxpayers and material advisors for whom the material advisor acts as a material advisor.
For more information, go to ftb.ca.gov and search for disclosure obligation .
(forms)(2021)(2021-540-booklet)(block-26)Which Form Should I Use?#
Tip : e-file and you won’t have to decide which form to use! The software will select the correct form for you.
Were you and your spouse/RDP residents during the entire year 2021?
Yes . Check the chart below to see which form to use.
No . Use Form 540NR. To download or order the California Nonresident or Part‑Year Resident Income Tax Booklet, go to ftb.ca.gov/forms or see, “ Where to Get Income Tax Forms and Publications .”
Form 540 2EZ Form not included in this booklet. If you qualify to use Form 540 2EZ, see “ Where To Get Income Tax Forms and Publications ” to download or order this form. Form 540 Filing Status Single, married/RDP filing jointly, head of household, qualifying widow(er) Any filing status Dependents 0-3 allowed All dependents you are entitled to claim Amount of Income Total income of: $100,000 or less if single or head of household $200,000 or less if married/RDP filing jointly or qualifying widow(er) You cannot use Form 540 2EZ if you (or your spouse/RDP) can be claimed as a dependent by another taxpayer, and your TOTAL income is less than or equal to $15,953 if single; $31,856 if married/RDP filing jointly or qualifying widow(er); or $22,556 if head of household. Any amount of income Sources of Income Only income from: Wages, salaries, and tips Taxable interest, dividends, and pensions Taxable scholarship and fellowship grants (only if reported on federal Form(s) W-2) Capital gains from mutual funds (reported on federal Form 1099-DIV, box 2a only) Unemployment compensation reported on federal Form 1099-G Paid Family Leave Insurance U.S. social security benefits Tier 1 and tier 2 railroad retirement payments All sources of income Adjustments to Income No adjustments to income All adjustments to income Standard Deduction Allowed Allowed Itemized Deductions No itemized deductions All itemized deductions Payments Only withholding shown on federal Form(s) W-2 and 1099-R Withholding from all sources Estimated tax payments Payments made with extension Excess State Disability Insurance (SDI) or Voluntary Plan Disability Insurance (VPDI) Tax Credits Refundable California earned income tax credit Refundable young child tax credit Personal exemption credit Senior exemption credit Up to three dependent exemption credits Nonrefundable renter’s credit All tax credits Other Taxes Only tax computed using the 540 2EZ Table All taxes
Tip :
If you qualify to use Form 540 2EZ, you may be eligible to use CalFile.
Visit ftb.ca.gov and search for calfile . It’s fast, easy, and free.
If you don’t qualify for CalFile, you qualify for e-file.
Go to ftb.ca.gov and search for efile options .
(forms)(2021)(2021-540-booklet)(block-27)2021 Instructions for Form 540 – California Resident Income Tax Return#
References in these instructions are to the Internal Revenue Code (IRC) as of January 1, 2015 , and the California Revenue and Taxation Code (R&TC).
(forms)(2021)(2021-540-booklet)(block-28)Before You Begin#
Complete your federal income tax return Form 1040, U.S. Individual Income Tax Return, or Form 1040-SR, U.S. Tax Return for Seniors, before you begin your Form 540, California Resident Income Tax Return. Use information from your federal income tax return to complete your Form 540. Complete and mail Form 540 by April 18, 2022. If unable to mail your tax return by this date, see Important Dates .
Tip : You may qualify for the federal earned income credit. See Federal Earned Income Tax Credit (EIC) for more information.
Note : The lines on Form 540 are numbered with gaps in the line number sequence. For example, lines 20 through 30 do not appear on Form 540, so the line number that follows line 19 on Form 540 is line 31.
Caution : Form 540 has five sides. When filing Form 540, you must send all five sides to the Franchise Tax Board (FTB).
If you need to amend your California resident income tax return, complete an amended Form 540 and check the box at the top of Form 540 indicating AMENDED return. Attach Schedule X, California Explanation of Amended Return Changes, to the amended Form 540. For specific instructions, see “ Instructions for Filing a 2021 Amended Return .”
To use our automated phone service and codes, call 800-338-0505. For the complete code list, see Automated Phone Service section .
(forms)(2021)(2021-540-booklet)(block-29)Filling in Your Tax Return#
Use black or blue ink on the tax return you send to the FTB.
Enter your social security number(s) or individual taxpayer identification number(s) at the top of Form 540, Side 1.
Print numbers and CAPITAL LETTERS in the space provided. Be sure to line up dollar amounts.
If you do not have an entry for a line, leave it blank unless the instructions for a line specifically tell you to enter -0-. Do not enter a dash, or the word “NONE.”
(forms)(2021)(2021-540-booklet)(block-30)Name(s) and Address#
Print your first name, middle initial, last name, and street address in the spaces provided at the top of the form.
(forms)(2021)(2021-540-booklet)(block-31)Suffix#
Use the Suffix field for generational name suffixes such as “SR”, “JR”, “III”, “IV”. Do not enter academic, professional, or honorary suffixes.
(forms)(2021)(2021-540-booklet)(block-32)Additional Information#
Use the Additional Information field for “In-Care-Of” name and other supplemental address information only.
(forms)(2021)(2021-540-booklet)(block-33)Foreign Address#
If you have a foreign address, follow the country’s practice for entering the city, county, province, state, country, and postal code, as applicable, in the appropriate boxes. Do not abbreviate the country name.
(forms)(2021)(2021-540-booklet)(block-34)Principal Business Activity (PBA) Code#
For federal Schedule C (Form 1040), Profit or Loss From Business (Sole Proprietorship) business filers, enter the numeric PBA code from federal Schedule C (Form 1040), line B.
(forms)(2021)(2021-540-booklet)(block-35)Date of Birth (DOB)#
Enter your DOBs (mm/dd/yyyy) in the spaces provided. If your filing status is married/RDP filing jointly or married/RDP filing separately, enter the DOBs in the same order as the names.
(forms)(2021)(2021-540-booklet)(block-36)Prior Name#
If you or your spouse/RDP filed your 2020 tax return under a different last name, write the last name only from the 2020 tax return.
(forms)(2021)(2021-540-booklet)(block-37)Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN)#
Enter your SSN in the spaces provided. If filing a joint tax return, enter the SSNs in the same order as the names.
If you do not have an SSN because you are a nonresident or resident alien for federal tax purposes, and the Internal Revenue Service (IRS) issued you an ITIN, enter the ITIN in the space for the SSN. An ITIN is a tax processing number issued by the IRS to foreign nationals and others who have a federal tax filing requirement and do not qualify for an SSN. It is a nine-digit number that always starts with the number 9.
(forms)(2021)(2021-540-booklet)(block-38)Principal Residence#
If you are under 18 years old or have not filed a California resident income tax return in the prior year, then leave the county and principal/physical address fields blank.
Only complete this section if you are age 18 or older and you have filed a California resident income tax return in the prior year.
County – Enter the county where you have your principal/physical residence on the date that you file your Form 540. If you reside in a foreign country at the time of filing, leave the county field blank.
If your principal/physical residence address at the time of filing is the same as the address you provided at the top of this form, check the box provided on this line.
If your principal/physical residence address at the time of filing is different from the address at the top of this form, provide the address of your principal/physical residence in the spaces provided.
If you reside in a foreign country at the time of filing, enter the city, province or state, and country in the city field. Follow the country’s practice for entering the postal code. Do not abbreviate the country name.
(forms)(2021)(2021-540-booklet)(block-39)Line 1 through Line 5 – Filing Status#
Check only one box for line 1 through line 5. Enter the required additional information if you checked the box on line 3 or line 5. See filing status requirements .
Usually, your California filing status must be the same as the filing status you used on your federal income tax return.
Exception for Married Taxpayers Who File a Joint Federal Income Tax Return – You may file separate California returns if either spouse was either of the following:
An active member of the United States Armed Forces or any auxiliary military branch during 2021.
A nonresident for the entire year and had no income from California sources during 2021. Caution – Community Property States: If either spouse earned California source income while domiciled in a community property state, the community income will be split equally between the spouses. Both spouses will have California source income and they will not qualify for the nonresident spouse exception. For more information, get FTB Pub. 1031, Guidelines for Determining Resident Status.
If you had no federal filing requirement, use the same filing status for California you would have used to file a federal income tax return.
Registered domestic partners (RDPs) who file single for federal must file married/RDP filing jointly or married/RDP filing separately for California. If you are an RDP and file head of household for federal purposes, you may file head of household for California purposes only if you meet the requirements to be considered unmarried or considered not in a domestic partnership.
If you filed a joint tax return and either you or your spouse/RDP was a nonresident for 2021, you must file the Form 540NR, California Nonresident or Part-Year Resident Income Tax Return.
(forms)(2021)(2021-540-booklet)(block-40)Line 6 – Can be Claimed as Dependent#
Automated Phone code: 601
Check the box on line 6 if someone else can claim you or your spouse/RDP as a dependent on their tax return, even if they chose not to.
(forms)(2021)(2021-540-booklet)(block-41)Line 7 – Personal Exemptions#
Did you check the box on line 6?
Single or married/RDP filing separately, enter -0-.
Head of household, enter -0-.
Married/RDP filing jointly and both you and your spouse/RDP can be claimed as dependents, enter -0-.
Married/RDP filing jointly and only one spouse/RDP can be claimed as a dependent, enter 1.
Do not claim this credit if someone else can claim you as a dependent on their tax return.
(forms)(2021)(2021-540-booklet)(block-42)Line 8 – Blind Exemptions#
The first year you claim this exemption credit, attach a doctor’s statement to the back of Form 540 indicating you or your spouse/RDP are visually impaired. If you e-file, attach any requested forms, schedules and documents according to your software’s instructions. Visually impaired means not capable of seeing better than 20/200 while wearing glasses or contact lenses, or if your field of vision is not more than 20 degrees.
Do not claim this credit if someone else can claim you as a dependent on their tax return.
(forms)(2021)(2021-540-booklet)(block-43)Line 9 – Senior Exemptions#
If you were 65 years of age or older by December 31, 2021*, you should claim an additional exemption credit on line 9. If you are married/or an RDP, each spouse/RDP 65 years of age or older should claim an additional credit. You may contribute all or part of this credit to the California Seniors Special Fund. See “ Voluntary Contribution Fund Descriptions ” for more information.
*If your 65th birthday is on January 1, 2022, you are considered to be age 65 on December 31, 2021.
Do not claim this credit if someone else can claim you as a dependent on their tax return.
(forms)(2021)(2021-540-booklet)(block-44)Line 10 – Dependent Exemptions#
To claim an exemption credit for each of your dependents, you must write each dependent’s first and last name, SSN or ITIN and relationship to you in the space provided. If you are claiming more than three dependents, attach a statement with the required dependent information to your tax return. The persons you list as dependents must be the same persons you listed as dependents on your federal income tax return. If you filed form FTB 3568, Alternative Identifying Information for the Dependent Exemption Credit, to qualify to claim your dependents for California purposes, the dependents you claim on your California income tax return may not match those claimed on your federal income tax return. Count the number of dependents listed and enter the total in the box on line 10. Multiply the number you entered by the pre-printed dollar amount and enter the result.
For taxable years beginning on or after January 1, 2018, taxpayers claiming a dependent exemption credit for a dependent who is ineligible for an SSN and a federal ITIN may provide alternative information to the FTB to identify the dependent.
To claim the dependent exemption credit, taxpayers complete form FTB 3568, attach the form and required documentation to their tax return, and write “no id” in the SSN field of line 10, Dependents, on Form 540. For each dependent being claimed that does not have an SSN and an ITIN, a form FTB 3568 must be provided along with supporting documentation. If you e-file, attach any requested forms, schedules and documents according to your software’s instructions.
Taxpayers may amend their tax returns beginning with taxable year 2018 to claim the dependent exemption credit. These taxpayers should complete an amended Form 540, write “no id” in the SSN field on the Dependents line, and attach Schedule X. To complete Schedule X, check box m for “Other” on Part II, line 1, and write the explanation "Claim dependent exemption credit with no id and form FTB 3568 is attached" on Part II, line 2. Make sure to attach form FTB 3568 and the required supporting documents in addition to the amended tax return and Schedule X. If taxpayers do not claim the dependent exemption credit on their original 2021 tax return, they may amend their 2021 tax return following the same procedures used to amend their previous year amended tax returns beginning with taxable year 2018. For more information, get FTB Notice 2021-01.
If your dependent child was born and died in 2021 and you do not have an SSN or an ITIN for the child, write “Died” in the space provided for the SSN and include a copy of the child’s birth certificate, death certificate, or hospital records. The document must show the child was born alive. If you e-file, attach any requested forms, schedules and documents according to your software’s instructions.
(forms)(2021)(2021-540-booklet)(block-45)Line 11 – Exemption Amount#
Add line 7 through line 10 and enter the total dollar amount of all exemptions for personal, blind, senior, and dependent.
(forms)(2021)(2021-540-booklet)(block-46)Taxable Income#
Refer to your completed federal income tax return to complete this section.
(forms)(2021)(2021-540-booklet)(block-47)Line 12 – State Wages#
Automated Phone code: 204
Enter the total amount of your state wages from all states from each of your federal Form(s) W-2, Wage and Tax Statement. This amount appears on Form W-2, box 16.
If you received wages and do not have a Form W-2, see “ Attachments to your tax return .”
(forms)(2021)(2021-540-booklet)(block-48)Line 13 – Federal Adjusted Gross Income (AGI) from federal Form 1040 or Form 1040-SR, line 11#
RDPs who file a California tax return as married/RDP filing jointly and have no RDP adjustments between federal and California, combine their individual AGIs from their federal tax returns filed with the IRS. Enter the combined AGI on line 13.
RDP adjustments include but are not limited to the following:
Transfer of property between spouses/RDPs
Capital loss
Transactions between spouses/RDPs
Sale of residence
Dependent care assistance
Investment interest
Qualified residence interest acquisition loan & equity loan
Expense depreciation property limits
Individual Retirement Account
Interest education loan
Rental real estate passive loss
Rollover of publicly traded securities gain into specialized small business investment companies
RDPs filing as married/RDP filing separately, former RDPs filing single, and RDPs with RDP adjustments will use the California RDP Adjustments Worksheet in FTB Pub. 737, Tax Information for Registered Domestic Partners, or complete a federal pro forma Form 1040 or 1040-SR. Transfer the amount from the California RDP Adjustments Worksheet, line 27, column D, or federal pro forma Form 1040 or 1040-SR, line 11, to Form 540, line 13.
(forms)(2021)(2021-540-booklet)(block-49)Line 14 – California Adjustments – Subtractions [from Schedule CA (540), Part I, line 27, column B]#
If there are no differences between your federal and California income or deductions, do not file a Schedule CA (540), California Adjustments – Residents.
If there are differences between your federal and California income, i.e. social security, complete Schedule CA (540). Follow the instructions for Schedule CA (540). Enter on line 14 the amount from Schedule CA (540), Part I, line 27, column B. If a negative amount, see Schedule CA (540), Part I, line 27 instructions.
(forms)(2021)(2021-540-booklet)(block-50)Line 15 – Subtotal#
Subtract the amount on line 14 from the amount on line 13. Enter the result on line 15. If the amount on line 13 is less than zero, combine the amounts on line 13 and line 14 and enter the result in parentheses. For example: “(12,325).”
(forms)(2021)(2021-540-booklet)(block-51)Line 16 – California Adjustments – Additions [from Schedule CA (540), Part I, line 27, column C]#
If there are differences between your federal and California deductions, complete Schedule CA (540). Follow the instructions for Schedule CA (540). Enter on line 16 the amount from Schedule CA (540), Part I, line 27, column C. If a negative amount, see Schedule CA (540), Part I, line 27 instructions.
(forms)(2021)(2021-540-booklet)(block-52)Line 18 – California Itemized Deductions or California Standard Deduction#
Decide whether to itemize your charitable contributions, medical expenses, mortgage interest paid, taxes, etc., or take the standard deduction. Your California income tax will be less if you take the larger of:
Your California itemized deductions.
Your California standard deduction.
California itemized deductions may be limited based on federal AGI. To compute limitations, use Schedule CA (540). RDPs use your recalculated federal AGI to figure your itemized deductions.
On federal tax returns, individual taxpayers who claim the standard deduction are allowed an additional deduction for net disaster losses. For California, deductions for disaster losses are only allowed for those individual taxpayers who itemized their deductions.
If married/or an RDP and filing separate tax returns, you and your spouse/RDP must either both itemize your deductions (even if the itemized deductions of one spouse/RDP are less than the standard deduction) or both take the standard deduction.
If someone else can claim you as a dependent, you may claim the greater of the standard deduction or your itemized deductions. To figure your standard deduction, use the Form 540 – California Standard Deduction Worksheet for Dependents.
Itemized deductions – Figure your California itemized deductions by completing Schedule CA (540), Part II, lines 1 through 30. Enter the result on Form 540, line 18.
If you did not itemize deductions on your federal income tax return but will itemize deductions for your Form 540, first complete federal Schedule A (Form 1040), Itemized Deductions. Then check the box on Side 4, Part II of the Schedule CA (540) and complete Part II. Attach both the federal Schedule A (Form 1040) and California Schedule CA (540) to the back of your tax return.
Standard deduction – Find your standard deduction on the California Standard Deduction Chart for Most People. If you checked the box on Form 540, line 6, use the California Standard Deduction Worksheet for Dependents.
(forms)(2021)(2021-540-booklet)(block-53)California Standard Deduction Chart for Most People#
Do not use this chart if your parent, or someone else, can claim you (or your spouse/RDP) as a dependent on their tax return.
Your Filing Status Enter On Line 18 1 – Single $4,803 2 – Married/RDP filing jointly $9,606 3 – Married/RDP filing separately $4,803 4 – Head of household $9,606 5 – Qualifying widow(er) $9,606
The California standard deduction amounts are less than the federal standard deduction amounts.
(forms)(2021)(2021-540-booklet)(block-54)California Standard Deduction Worksheet for Dependents#
Use this worksheet only if your parent, or someone else, can claim you (or your spouse/RDP) as a dependent on their return. Use whole dollars only.
Enter your earned income from: line 2 of the “Standard Deduction Worksheet for Dependents" in the instructions for federal Form 1040 or 1040-SR.
Minimum standard deduction: $1,100.00.
Enter the larger of line 1 or line 2 here.
Enter the amount shown for your filing status: Single or married/RDP filing separately, enter $4,803. Married/RDP filing jointly, head of household, or qualifying widow(er), enter $9,606.
Standard deduction. Enter the smaller of line 3 or line 4 here and on Form 540, line 18.
(forms)(2021)(2021-540-booklet)(block-55)Line 19 – Taxable Income#
Capital Construction Fund (CCF) – If you claim a deduction on your federal Form 1040 or 1040-SR, line 15 for the contribution made to a CCF set up under the Merchant Marine Act of 1936, reduce the amount you would otherwise enter on line 19 by the amount of the deduction. Next to line 19, enter “CCF” and the amount of the deduction. For more information, get federal Publication 595, Capital Construction Fund for Commercial Fishermen.
(forms)(2021)(2021-540-booklet)(block-56)Tax#
When figuring your tax, use the correct filing status and taxable income amount.
(forms)(2021)(2021-540-booklet)(block-57)Line 31 – Tax#
To figure your tax, use one of the following methods and check the matching box on line 31:
Tax Table – If your taxable income on line 19 is $100,000 or less, use the tax table . Use the correct filing status column in the tax table.
Tax Rate Schedules – If your taxable income on line 19 is over $100,000, use the tax rate schedule for your filing status.
FTB 3800 – Generally, use form FTB 3800, Tax Computation for Certain Children with Unearned Income, to figure the tax on a separate Form 540 for your child who was age 18 and under or a student under age 24 on January 1, 2022, and who had more than $2,200 of investment income. Attach form FTB 3800 to the child’s Form 540.
FTB 3803 – If, as a parent, you elect to report your child’s interest and dividend income of $11,000 or less (but not less than $1,100) on your tax return, complete form FTB 3803, Parents’ Election to Report Child’s Interest and Dividends. File a separate form FTB 3803 for each child whose income you elect to include on your Form 540. Add the amount of tax, if any, from each form FTB 3803, line 9, to the amount of your tax from the tax table or tax rate schedules and enter the result on Form 540, line 31. Attach form(s) FTB 3803 to your tax return.
To prevent possible delays in processing your tax return or refund, enter the correct tax amount on this line. To automatically figure your tax or to verify your tax calculation, use our online tax calculator. Go to ftb.ca.gov/tax-rates .
Tip : CalFile or e-file and you won’t have to do the math. Go to ftb.ca.gov and search for efile .
(forms)(2021)(2021-540-booklet)(block-58)Line 32 – Exemption Credits#
Exemption credits reduce your tax. If your federal AGI on line 13 is more than the amount shown below for your filing status, your credits will be limited.
For purposes of computing limitations based upon AGI, RDPs, recalculate their AGI using a federal pro forma or California RDP Adjustments Worksheet (located in FTB Pub. 737). If your recalculated federal AGI is more than the amount shown below for your filing status, your credits will be limited.
If your filing status is: Is Form 540, line 13 more than: Single or married/RDP filing separately $212,288 Married/RDP filing jointly or qualifying widow(er) $424,581 Head of household $318,437
(forms)(2021)(2021-540-booklet)(block-59)AGI Limitation Worksheet#
Use whole dollars only.
Enter the amount from line 13.
Enter the amount for your filing status on line b: Single or married/RDP filing separately: $212,288 Married/RDP filing jointly or qualifying widow(er): $424,581 Head of household: $318,437
Subtract line b from line a.
Divide line c by $2,500 ($1,250 if married/RDP filing separately). If the result is not a whole number, round it to the next higher whole number.
Multiply line d by $6.
Add the numbers from the boxes on lines 7, 8, and 9 (not the dollar amounts).
Multiply line e by line f.
Add the total dollar amount from lines 7, 8, and 9.
Subtract line g from line h. If zero or less, enter -0-.
Enter the number from the box on line 10 (not the dollar amount).
Multiply line e by line j.
Enter the dollar amount from line 10.
Subtract line k from line l. If zero or less, enter -0-.
Add line i and line m. Enter the result here and on line 32.
(forms)(2021)(2021-540-booklet)(block-60)Line 34 – Tax from Schedule G-1 and Form FTB 5870A#
If you received a qualified lump-sum distribution in 2021 and you were born before January 2, 1936, get California Schedule G-1, Tax on Lump-Sum Distributions, to figure your tax by special methods that may result in less tax. Attach Schedule G-1 to your tax return.
If you received accumulation distributions from foreign trusts or from certain domestic trusts, get form FTB 5870A, Tax on Accumulation Distribution of Trusts, to figure the additional tax. Attach form FTB 5870A to your tax return.
To get these forms, see “ Order Forms and Publications .”
(forms)(2021)(2021-540-booklet)(block-61)Special Credits and Nonrefundable Credits#
A variety of California tax credits are available to reduce your tax if you qualify. To figure and claim most special credits, you must complete a separate form or schedule and attach it to your Form 540. The Credit Chart describes the credits and provides the name, credit code, and number of the required form or schedule. Many credits are limited to a certain percentage or a certain dollar amount. In addition, the total amount you may claim for all credits is limited by tentative minimum tax (TMT); go to Box A to see if your credits are limited.
If you are not claiming any special credits, go to line 40 and line 46 to see if you qualify for the Nonrefundable Child and Dependent Care Expenses Credit or the Nonrefundable Renter’s Credit.
(forms)(2021)(2021-540-booklet)(block-62)Box A#
Did you complete federal Schedule C, D, E, or F and claim or receive any of the following ( Note: If your business gross receipts are less than $1,000,000 from all trades or businesses, you do not have to report alternative minimum tax (AMT). For more information, see line 61 instructions.):
Accelerated depreciation in excess of straight-line
Intangible drilling costs
Depletion
Circulation expenditures
Research and experimental expenditures
Mining exploration/development costs
Amortization of pollution control facilities
Income/loss from tax shelter farm activities
Income/loss from passive activities
Income from long-term contracts using the percentage of completion method
Pass-through AMT adjustment from an estate or trust reported on Schedule K-1 (541)
(forms)(2021)(2021-540-booklet)(block-63)Box B#
Did you claim or receive any of the following:
Investment interest expense
Income from incentive stock options in excess of the amount reported on your tax return
Income from installment sales of certain property
(forms)(2021)(2021-540-booklet)(block-64)Box C#
If your filing status is: Is Form 540, line 17 more than: Single or head of household $292,763 Married/RDP filing jointly or qualifying widow(er) $390,351 Married/RDP filing separately $195,172
(forms)(2021)(2021-540-booklet)(block-65)Line 40 – Nonrefundable Child and Dependent Care Expenses Credit - Code 232#
Claim this credit if you paid someone to care for your qualifying child under the age of 13, other dependent who is physically or mentally incapable of caring for him or herself, or spouse/RDP if physically or mentally incapable of caring for him or herself. The care must be provided in California. To claim this credit, your federal AGI must be $100,000 or less and you must complete and attach form FTB 3506, Child and Dependent Care Expenses Credit.
(forms)(2021)(2021-540-booklet)(block-66)Line 43 through Line 45 – Additional Special Credits#
A code identifies each credit. To claim only one or two credits, enter the credit name, code, and amount of the credit on line 43 and line 44.
To claim more than two credits, use Schedule P (540), Part III. Get Schedule P (540) instructions, “How to Claim Your Credits.”
Important: Attach Schedule P (540) and any supporting schedules or statements to your Form 540.
Carryovers: If you claim a credit with carryover provisions and the amount of the credit available this year exceeds your tax, carry over any excess credit to future years until the credit is used (unless the carryover period is a fixed number of years). If you claim a credit carryover for an expired credit, use form FTB 3540, Credit Carryover and Recapture Summary, to figure the amount of the credit. Otherwise, enter the amount of the credit on Schedule P (540), Part III, and do not attach form FTB 3540.
(forms)(2021)(2021-540-booklet)(block-67)Credit for Joint Custody Head of Household — Code 170#
You may not claim this credit if you used the married/RDP filing jointly, head of household, or qualifying widow(er) filing status.
Claim the credit if unmarried and not an RDP at the end of 2021 (or if married/or an RDP, you lived apart from your spouse/RDP for all of 2021 and you used the married/RDP filing separately filing status); and if you furnished more than one-half the household expenses for your home that also served as the main home of your child, step-child, or grandchild for at least 146 days but not more than 219 days of the taxable year. If the child is married/or an RDP, you must be entitled to claim a dependent exemption credit for the child.
Also, the custody arrangement for the child must be part of a decree of dissolution or legal separation or part of a written agreement between the parents where the proceedings have been initiated, but a decree of dissolution or legal separation has not yet been issued.
Use the worksheet below to figure the Joint Custody Head of Household credit using whole dollars only .
Enter the amount from Form 540, line 35.
Credit percentage — 30%: .30
Credit amount. Multiply line 1 by line 2. Enter the result or $513, whichever is less.
If you qualify for the Credit for Joint Custody Head of Household and the Credit for Dependent Parent, claim only one credit. Select the credit that allows the maximum benefit.
(forms)(2021)(2021-540-booklet)(block-68)Credit for Dependent Parent — Code 173#
You may not claim this credit if you used the single, head of household, qualifying widow(er), or married/RDP filing jointly filing status.
Claim this credit only if all of the following apply:
You were married/or an RDP at the end of 2021 and you used the married/RDP filing separately filing status.
Your spouse/RDP was not a member of your household during the last six months of the year.
You furnished over one-half the household expenses for your dependent mother’s or father’s home, whether or not she or he lived in your home.
To figure the amount of this credit, use the worksheet for the Credit for Joint Custody Head of Household. If you qualify for the Credit for Joint Custody Head of Household and the Credit for Dependent Parent, claim only one. Select the credit that will allow the maximum benefit.
(forms)(2021)(2021-540-booklet)(block-69)Credit for Senior Head of Household — Code 163#
You may claim this credit if you:
Were 65 years of age or older on December 31, 2021*.
Qualified as a head of household in 2019 or 2020 by providing a household for a qualifying individual who died during 2019 or 2020.
Did not have AGI over $83,039 for 2021.
*If your 65th birthday is on January 1, 2022, you are considered to be age 65 on December 31, 2021.
If you meet all the conditions listed above, you do not need to qualify to use the head of household filing status for 2021 in order to claim this credit.
Use this worksheet to figure this credit using whole dollars only .
Enter the amount from Form 540, line 19.
Credit percentage — 2%: .02
Credit amount. Multiply line 1 by line 2. Enter the result or $1,565, whichever is less.
(forms)(2021)(2021-540-booklet)(block-70)Credit for Child Adoption Costs — Code 197#
For the year in which an adoption decree or an order of adoption is entered (e.g., adoption is final), claim a credit for 50% of the cost of adopting a child who was both :
A citizen or legal resident of the United States.
In the custody of a California public agency or a California political subdivision.
Treat a prior unsuccessful attempt to adopt a child (even when the costs were incurred in a prior year) and a later successful adoption of a different child as one effort when computing the cost of adopting the child. Include the following costs if directly related to the adoption process:
Fees for Department of Social Services or a licensed adoption agency.
Medical expenses not reimbursed by insurance.
Travel expenses for the adoptive family.
Note:
This credit does not apply when a child is adopted from another country or another state, or was not in the custody of a California public agency or a California political subdivision.
Any deduction for the expenses used to claim this credit must be reduced by the amount of the child adoption costs credit claimed.
Use the worksheet below to figure this credit using whole dollars only . If more than one adoption qualifies for this credit, complete a separate worksheet for each adoption. The maximum credit is limited to $2,500 per minor child.
Enter qualifying costs for the child.
Credit percentage — 50%: .50
Credit amount. Multiply line 1 by line 2. Do not enter more than $2,500.
Your allowable credit is limited to $2,500 for 2021. Carry over the excess credit to future years until the credit is used.
(forms)(2021)(2021-540-booklet)(block-71)Line 46 – Nonrefundable Renter’s Credit#
If you paid rent for at least six months in 2021 on your principal residence located in California you may qualify to claim the nonrefundable renter’s credit which may reduce your tax. Complete the qualification record .
(forms)(2021)(2021-540-booklet)(block-72)Line 48#
Subtract the amount on line 47 from the amount on line 35. Enter the result on line 48. If the amount on line 47 is more than the amount on line 35, enter -0-.
(forms)(2021)(2021-540-booklet)(block-73)Other Taxes#
Attach the specific form or statement required for each item below.
(forms)(2021)(2021-540-booklet)(block-74)Line 61 – Alternative Minimum Tax (AMT)#
If you claim certain types of deductions, exclusions, and credits, you may owe AMT if your total income is more than:
$104,094 married/RDP filing jointly or qualifying widow(er)
$78,070 single or head of household
$52,044 married/RDP filing separately
A child under age 19 or a student under age 24 may owe AMT if the sum of the amount on line 19 (taxable income) and any preference items listed on Schedule P (540) and included on the return is more than the sum of $7,850 and the child’s earned income.
AMT income does not include income, adjustments, and items of tax preference related to any trade or business of a qualified taxpayer who has gross receipts, less returns and allowances, during the taxable year of less than $1,000,000 from all trades or businesses.
Get Schedule P (540) for more information. See “ Order Forms and Publications .”
(forms)(2021)(2021-540-booklet)(block-75)Line 62 – Mental Health Services Tax#
If your taxable income is more than $1,000,000, compute the Mental Health Services Tax using whole dollars only :
Taxable income from Form 540, line 19.
Less: $(1,000,000)
Subtotal
Tax rate – 1%: .01
Mental Health Services Tax – Multiply line 3 by line 4. Enter this amount here and on line 62.
(forms)(2021)(2021-540-booklet)(block-76)Line 63 – Other Taxes and Credit Recapture#
If you received an early distribution of a qualified retirement plan and were required to report additional tax on your federal tax return, you may also be required to report additional tax on your California tax return. Get form FTB 3805P, Additional Taxes on Qualified Plans (including IRAs) and Other Tax-Favored Accounts. If required to report additional tax, report it on line 63 and write “FTB 3805P” to the left of the amount.
In general, California conforms to federal law for income received under IRC Section 409A on a nonqualified deferred compensation (NQDC) plan and discounted stock options and stock appreciation rights. Income received under IRC Section 409A is subject to an additional 5% tax of the amount required to be included in income plus interest. Include the additional tax, if any, on line 63. Write “NQDC” on the dotted line to the left of the amount.
If you owe interest on deferred tax from installment obligations, include the additional tax, if any, in the amount you enter on line 63. Write “IRC Section 453A interest” and the amount on the dotted line to the left of the amount on line 63.
If you used form(s):
FTB 3531, California Competes Tax Credit – Enter only the recaptured amount used. Get the instructions for form FTB 3531, Part III, Credit Recapture, for more information.
FTB 3540, Credit Carryover and Recapture Summary
FTB 3554, New Employment Credit
Include the additional tax for credit recapture, if any, on line 63. Write the form number and the amount on the dotted line to the left of the amount on line 63.
(forms)(2021)(2021-540-booklet)(block-77)Line 64 – Excess Advance Premium Assistance Subsidy (APAS) Repayment#
Enter your excess APAS repayment amount from form FTB 3849, line 29.
You may have to repay excess APAS even if someone else enrolled you, your spouse, or your dependent in coverage purchased through Covered California (Marketplace). In that case, another individual may have received form FTB 3895 for the coverage.
You also may have to repay excess APAS if you enrolled an individual in coverage through the Marketplace, you don't claim the individual as a dependent on your return, and no one else claims that individual as a dependent. For more information, get the instructions for form FTB 3849 and FTB Pub 3849A.
(forms)(2021)(2021-540-booklet)(block-78)Payments#
To avoid a delay in the processing of your tax return, enter the correct amounts on line 71 through line 74.
(forms)(2021)(2021-540-booklet)(block-79)Line 71 – California Income Tax Withheld#
Enter the total California income tax withheld from your federal Forms:
W-2, Wage and Tax Statement, box 17
W-2G, Certain Gambling Winnings, box 15
1099-DIV, Dividends and Distributions, box 15
1099-INT, Interest Income, box 17
1099-MISC, Miscellaneous Information, box 15
1099-NEC, Nonemployee Compensation, box 5
1099-OID, Original Issue Discount, box 14
1099-R, Distributions from Pensions, Annuities, Retirement, or Profit Sharing Plans, IRAs, Insurance Contracts, etc., box 14
Do not include city, local, or county tax withheld, tax withheld by other states, or nonconsenting nonresident (NCNR) member’s tax from Schedule K-1 (568), line 15e. Do not include withholding from Forms 592-B, Resident and Nonresident Withholding Tax Statement, or Form 593, Real Estate Withholding Statement, on this line. For more details, see instructions for line 73.
Generally, tax should not be withheld on federal Form 1099-MISC or Form 1099-NEC. If you want to pre-pay tax on income reported on federal Form 1099-MISC or Form 1099-NEC, use Form 540-ES, Estimated Tax for Individuals.
(forms)(2021)(2021-540-booklet)(block-80)Line 72 – 2021 CA Estimated Tax and Other Payments#
Enter the total of any:
California estimated tax payments you made using 2021 Form 540-ES, electronic funds withdrawal, Web Pay, or credit card.
Overpayment from your 2020 California income tax return that you applied to your 2021 estimated tax.
Payment you sent with form FTB 3519, Payment for Automatic Extension for Individuals.
California estimated tax payments made on your behalf by an estate, trust, or S corporation on Schedule K-1 (541) or Schedule K-1 (100S).
Tip : To view payments made or get your current account balance, go to ftb.ca.gov and login or register for MyFTB.
If you and your spouse/RDP paid joint estimated taxes but are now filing separate income tax returns, either of you may claim the entire amount paid, or each may claim part of the joint estimated tax payments. If you want the estimated tax payments to be divided, notify the FTB before you file the tax returns so the payments can be applied to the proper account. The FTB will accept in writing, any divorce agreement (or court-ordered settlement) or a statement showing the allocation of the payments along with a notarized signature of both taxpayers.
Send statements to:
If you or your spouse/RDP made separate estimated tax payments, but are now filing a joint income tax return, add the amounts you each paid. Attach a statement to the front of Form 540 explaining that payments were made under both SSNs. If you e-file, attach any requested forms, schedules and documents according to your software’s instructions.
You do not have to make estimated tax payments if you are a nonresident or new resident of California in 2022 and did not have a California tax liability in 2021.
(forms)(2021)(2021-540-booklet)(block-81)Line 73 – Withholding (Form 592-B and/or 593)#
Enter the total of California withholding from Form 592-B and Form 593. Attach a copy of Form(s) 592-B and 593 to the lower front of Form 540, Side 1.
If your filing status changed after escrow closed and before filing your California tax return, please contact us at 888-792-4900, prior to filing your California tax return, for instructions on how to claim your withholding credit.
Caution: Do not include withholding from federal Form(s) W-2, W-2G, or 1099, or NCNR member’s tax from Schedule K-1 (568), line 15e on this line.
(forms)(2021)(2021-540-booklet)(block-82)Line 74 – Excess California SDI (or VPDI) Withheld#
You may claim a credit for excess State Disability Insurance (SDI) or Voluntary Plan Disability Insurance (VPDI) if you meet all of the following conditions:
You had two or more California employers during 2021.
You received more than $128,298 in gross wages from California sources.
The amounts of SDI (or VPDI) withheld appear on your federal Form(s) W-2. Be sure to attach your Form(s) W-2 to the lower front of your Form 540.
If SDI (or VPDI) was withheld from your wages by a single employer, at more than 1.20% of your gross wages, you may not claim excess SDI (or VPDI) on your Form 540. Contact the employer for a refund.
To determine the amount to enter on line 74, complete the Excess SDI (or VPDI) Worksheet below. If married/RDP filing jointly, figure the amount of excess SDI (or VPDI) separately for each spouse/RDP.
(forms)(2021)(2021-540-booklet)(block-83)Excess SDI (or VPDI) Worksheet#
Use whole dollars only.
Follow the instructions below to figure the amount of excess SDI to enter on Form 540, line 74. If you are married/RDP and file a joint return, you must figure the amount of excess SDI (or VPDI) separately for each spouse/RDP.
You Your Spouse/RDP 1. Add amounts of SDI (or VPDI) withheld shown on your federal Forms W-2. Enter the total here. 2. 2021 SDI (or VPDI) limit $1,539.58 $1,539.58 3. Excess SDI (or VPDI) withheld. Subtract line 2 from line 1. Enter the results here. Combine the amounts on line 3 and enter the total, in whole dollars only on line 74. If zero or less, enter -0- on line 74.
(forms)(2021)(2021-540-booklet)(block-84)Line 75 – Earned Income Tax Credit (EITC)#
Enter your Earned Income Tax Credit from form FTB 3514, California Earned Income Tax Credit, line 20.
(forms)(2021)(2021-540-booklet)(block-85)Line 76 – Young Child Tax Credit (YCTC)#
Enter your Young Child Tax Credit from form FTB 3514, line 28.
(forms)(2021)(2021-540-booklet)(block-86)Line 77 – Net Premium Assistance Subsidy (PAS)#
Enter your net PAS amount from form FTB 3849, line 26.
(forms)(2021)(2021-540-booklet)(block-87)Line 78#
For the Claim of Right credit, follow the reporting instructions in Schedule CA (540), Part II, line 16 under the Claim of Right.
Claim of Right : If you are claiming the tax credit on your California tax return, include the amount of the credit in the total for this line. Write in “IRC 1341” and the amount of the credit to the left of the amount column.
To determine if you are entitled to this credit, refer to your prior year California Form 540, or Schedule CA (540) to verify the amount was included in your CA taxable income. If the amount repaid under a “Claim of Right” was not originally taxed by California, you are not entitled to claim the credit.
(forms)(2021)(2021-540-booklet)(block-88)Line 91 – Use Tax.#
You are required to enter a number on this line. If the amount due is zero, you must check the applicable box to indicate that you either owe no use tax, or you paid your use tax obligation directly to the California Department of Tax and Fee Administration.
You may owe use tax if you make purchases from out-of-state retailers (for example, purchases made by telephone, online, by mail, or in person) where California sales or use tax was not paid and you use those items in California.
If you have questions about whether a purchase is taxable, go to the California Department of Tax and Fee Administration’s website at cdtfa.ca.gov , or call its Customer Service Center at 1-800-400-7115 (CRS:711) (for hearing and speech disabilities).
Some taxpayers are required to report business purchases subject to use tax directly to the California Department of Tax and Fee Administration. However, they may report certain personal purchases subject to use tax on the FTB income tax return.
You may not report business purchases subject to use tax on your income tax return if you:
Have or are required to hold a California seller’s permit.
Receive $100,000 or more per year in gross receipts from business operations.
Are otherwise registered or required to be registered with the California Department of Tax and Fee Administration to report use tax.
Note : You may not report use tax on your income tax return for certain types of transactions. These types of transactions are described in detail below in the instructions.
The Use Tax Worksheet and Estimated Use Tax Lookup Table will help you determine how much use tax to report. If you owe use tax but you do not report it on your income tax return, you must report and pay the tax to the California Department of Tax and Fee Administration. For information on how to report use tax directly to the California Department of Tax and Fee Administration, go to their website at cdtfa.ca.gov and type “ Find Information About Use Tax ” in the search bar.
Failure to report and pay timely may result in the assessment of interest, penalties, and fees.
See general explanation of California use tax .
(forms)(2021)(2021-540-booklet)(block-89)Use Tax Worksheet#
You must use the Use Tax Worksheet to calculate your use tax liability, if any of these apply:
You prefer to calculate the amount of use tax due based upon your actual purchases subject to use tax, rather than based on an estimate.
You owe use tax on any item purchased for use in a trade or business and you are not registered or required to be registered with the California Department of Tax and Fee Administration to report sales or use tax.
You owe use tax on purchases of individual items with a purchase price of $1,000 or more each.
Example 1 : You purchased a television for $2,000 from an out-of-state retailer that did not collect tax. You must use the Use Tax Worksheet to calculate the tax due on the price of the television, since the price of the television is $1,000 or more.
Example 2 : You purchased a computer monitor for $300, a rare coin for $500, and designer clothing for $250 from out-of-state retailers that did not collect tax. Although the total price of all the items is $1,050, the price of each item is less than $1,000. Since none of these individual items are $1,000 or more, you are not required to use the Use Tax Worksheet and may choose to use the Estimated Use Tax Lookup Table.
If you have a combination of individual non-business items purchased for $1,000 or more each, and/or items purchased for use in a trade or business in addition to individual, non-business items purchased for less than $1,000, you may either:
Use the Use Tax Worksheet to compute use tax due on all purchases, or
Use the Use Tax Worksheet to compute use tax due on all individual items purchased for $1,000 or more plus all items purchased for use in a trade or business.
Use the Estimated Use Tax Lookup Table to estimate the use tax due on individual, non-business items purchased for less than $1,000, then add the amounts and report the total use tax on Line 91.
Example 3 : The total price of the items you purchased from out-of-state retailers that did not collect use tax is $2,300, which includes a $1,000 television, a $900 painting, and a $400 table for your living room.
You may choose to calculate the use tax due on the total price of $2,300 using the Use Tax Worksheet, or
You may choose to calculate the use tax due on the $1,000 price of the television using the Use Tax Worksheet and estimate your use tax liability for the painting and table by using the Estimated Use Tax Lookup Table, then add the amounts and report the total use tax on Line 91.
(forms)(2021)(2021-540-booklet)(block-90)Use Tax Worksheet (See Instructions Below)#
Use whole dollars only
Enter purchases from out-of-state sellers made without payment of California sales/use tax. If you choose to estimate the use tax due on individual, non-business items purchased for less than $1,000 each, only enter purchases of items with a purchase price of $1,000 or more plus items purchased for use in a trade or business not registered with the California Department of Tax and Fee Administration.
Enter the applicable sales and use tax rate.
Multiply Line 1 by the tax rate on Line 2. Enter result here.
If you choose to estimate the use tax due on individual, non-business items purchased for less than $1,000 each, enter the use tax amount due from the Estimated Use Tax Lookup Table. If all of your purchases are included in Line 1, enter -0-.
Add Lines 3 and 4. This is your total use tax.
Enter any sales or use tax you paid to another state for purchases included on Line 1. See worksheet instructions below.
Subtract Line 6 from Line 5. This is the total use tax due. Enter the amount due on Line 91. If the amount is less than zero, enter -0-.
(forms)(2021)(2021-540-booklet)(block-91)Worksheet, Line 1, Purchases Subject to Use Tax#
Report purchases of items that would have been subject to sales tax if purchased from a California retailer unless your receipt shows that California tax was paid directly to the retailer. For example, generally, you would include purchases of clothing, but not exempt purchases of food products or prescription medicine. For more information on nontaxable and exempt purchases, you may visit the California Department of Tax and Fee Administration’s website at cdtfa.ca.gov .
Include handling charges.
Do not include any other state’s sales or use tax paid on the purchases.
Enter only purchases made during the year that corresponds with the tax return you are filing.
If you traveled to a foreign country and hand-carried items back to California, generally use tax is due on the purchase price of the goods you listed on your U.S. Customs Declaration less an $800 per-person exemption. For the hand carried items, you should report the amount of purchases in excess of the $800 per-person exemption. This $800 exemption does not apply to goods sent or shipped to California by mail or other common carrier. For goods sent or shipped, you should report the entire amount of the purchases.
If your filing status is “married/RDP filing separately,” you may elect to report one-half of the use tax due or the entire amount on your income tax return. If you elect to report one-half, your spouse/RDP may report the remaining half on his or her income tax return or on the individual use tax return available from the California Department of Tax and Fee Administration.
Note : You cannot report the following types of purchases on your income tax return.
Vehicles, vessels, and trailers that must be registered with the Department of Motor Vehicles.
Mobile homes or commercial coaches that must be registered annually as required by the Health and Safety Code.
Vessels documented with the U.S. Coast Guard.
Aircraft.
Rental receipts from leasing machinery, equipment, vehicles, and other tangible personal property to your customers.
Cigarettes and tobacco products when the purchaser is registered with the California Department of Tax and Fee Administration as a cigarette and/or tobacco products consumer.
(forms)(2021)(2021-540-booklet)(block-92)Worksheet, Line 2, Sales and Use Tax Rate#
Enter the sales and use tax rate applicable to the place in California where the property was used, stored, consumed, or given away. To find your sales and use tax rate, please go to the California Department of Tax and Fee Administration’s website at cdtfa.ca.gov and type “ City and County Sales and Use Tax Rates ” in the search bar. You may also call their Customer Service Center at 800-400-7115 (CRS:711) (for hearing and speech disabilities).
(forms)(2021)(2021-540-booklet)(block-93)Worksheet, Line 6, Credit for Tax Paid to Another State#
This is a credit for tax paid to other states on purchases reported on Line 1. You cannot claim a credit for more than the amount of use tax that is imposed on your use of property in this state. For example, if you paid $8.00 sales tax to another state for a purchase, and would have paid $6.00 in California, you can claim a credit of only $6.00 for that purchase.
(forms)(2021)(2021-540-booklet)(block-94)Estimated Use Tax Lookup Table#
You may use the Estimated Use Tax Lookup Table to estimate and report the use tax due on individual non-business items you purchased for less than $1,000 each. This option is only available if you are permitted to report use tax on your income tax return and you are not required to use the Use Tax Worksheet to calculate the use tax owed on all your purchases. Simply include the use tax liability that corresponds to your California Adjusted Gross Income (found on Line 17) and enter it on Line 91. You will not be assessed additional use tax on the individual non business items you purchased for less than $1,000 each.
You may not use the Estimated Use Tax Lookup Table to estimate and report the use tax due on purchases of items for use in your business or on purchases of individual non-business items you purchased for $1,000 or more each. See the instructions for the Use Tax Worksheet if you have a combination of purchases of individual non-business items for less than $1,000 each and purchases of individual non-business items for $1,000 or more.
Adjusted Gross Income (AGI) Range Use Tax Liability Less Than $10,000 $0 $10,000 to $19,999 $1 $20,000 to $29,999 $2 $30,000 to $39,999 $3 $40,000 to $49,999 $4 $50,000 to $59,999 $4 $60,000 to $69,999 $5 $70,000 to $79,999 $6 $80,000 to $89,999 $7 $90,000 to $99,999 $8 $100,000 to $124,999 $9 $125,000 to $149,999 $11 $150,000 to $174,999 $13 $175,000 to $199,999 $15 More than $199,999 Multiply AGI by 0.008% (x 0.00008)
Enter your use tax liability on Line 4 of the worksheet, or if you are not required to use the worksheet, enter the amount on Line 91 of your income tax return.
(forms)(2021)(2021-540-booklet)(block-95)Line 92 – Individual Shared Responsibility (ISR) Penalty#
Check the box on Form 540, line 92, if you, your spouse/RDP (if filing a joint return), and anyone you can or do claim as a dependent had minimum essential coverage (also referred to as qualifying health care coverage) that covered all of 2021. Medicare Part A or C qualifies as minimum essential coverage. If you check the box on Form 540, line 92, you do not owe the individual shared responsibility penalty and do not need to file form FTB 3853. For more information, get form FTB 3853.
If you and your household did not have full-year health care coverage then go to form FTB 3853 to determine if you have an individual shared responsibility penalty. Enter your individual shared responsibility penalty from form FTB 3853, Part IV, line 1.
(forms)(2021)(2021-540-booklet)(block-96)Overpaid Tax or Tax Due#
To avoid delay in processing of your tax return, enter the correct amounts on line 97 through line 100.
If you received a refund for 2020, you may receive a federal Form 1099-G. The refund amount reported on your federal Form 1099-G will be different from the amount shown on your tax return if you claimed the refundable California Earned Income Tax Credit and/or the Young Child Tax Credit. This is because the credit is not part of the refund from withholding or estimated tax payments.
(forms)(2021)(2021-540-booklet)(block-97)Line 97 – Overpaid Tax#
If the amount on line 95 is more than the amount on line 65, your payments and credits are more than your tax. Subtract the amount on line 65 from the amount on line 95. Enter the result on line 97.
Refund Intercept – The FTB administers the Interagency Intercept Collection (IIC) program on behalf of the State Controller’s Office. The IIC program intercepts (offsets) refunds when individuals and business entities owe delinquent debts to government agencies including the IRS and California colleges. All refunds are subject to interception. The FTB only intercepts the amount owed.
Refunds from joint tax returns may be applied to the debts of the taxpayer or spouse/RDP. After all tax liabilities are paid, any remaining credit will be applied to requested voluntary contributions, if any, and the remainder will be refunded.
If the debt was previously paid to the requestor and the FTB also intercepted the refund, any overpayment will be refunded by the agency that received the funds.
For more information, go to ftb.ca.gov and search for interagency intercept collection .
(forms)(2021)(2021-540-booklet)(block-98)Line 98 – Amount You Want Applied to Your 2022 Estimated Tax#
Apply all or part of the amount on line 97 to your estimated tax for 2022. Enter on line 98 the amount of line 97 that you want applied to your 2022 estimated tax.
An election to apply an overpayment to estimated tax is binding. Once the election is made, the overpayment cannot be applied to a deficiency after the due date of the tax return.
(forms)(2021)(2021-540-booklet)(block-99)Line 99 – Overpaid Tax Available This Year#
If you entered an amount on line 98, subtract it from the amount on line 97. Enter the result on line 99. Choose to have this entire amount refunded to you or make voluntary contributions from this amount. See “ Voluntary Contribution Fund Descriptions ” for more information.
(forms)(2021)(2021-540-booklet)(block-100)Line 100 – Tax Due#
If the amount on line 95 is less than the amount on line 65, subtract the amount on line 95 from the amount on line 65. Enter the result on line 100. Your tax is more than your payments and credits.
There is a penalty for not paying enough tax during the year. You may have to pay a penalty if:
The tax due on line 100 is $500 or more ($250 or more if married/RDP filing separately).
The amount of state income tax withheld on line 71 is less than 90% of the amount of your total tax on line 65.
If this applies to you, see instructions on line 113.
Increasing your withholding could eliminate the need to make a large payment with your tax return. To increase your withholding, complete EDD Form DE 4, Employee’s Withholding Allowance Certificate, and give it to your employer’s appropriate payroll staff. Get this form from your employer or by calling EDD at 888-745-3886. Download the DE 4 at edd.ca.gov or to use the online calculator, go to ftb.ca.gov and search for de 4 .
Form DE 4 specifically adjusts your California state withholding and is not the same as the federal Form W-4, Employee’s Withholding Certificate.
(forms)(2021)(2021-540-booklet)(block-101)Contributions#
You can make voluntary contributions to the funds listed on Side 4. See “ Voluntary Contributions Fund Descriptions ” for more information.
You may also contribute any amount to the State Parks Protection Fund/Parks Pass Purchase . To receive a single annual park pass, your contribution must equal or exceed $195. When applicable, the FTB will forward your name and address from your tax return to the Department of Parks and Recreation (DPR) who will issue a single Vehicle Day Use Annual Pass to you. Only one pass will be provided per tax return. You may contact DPR directly to purchase additional passes. If there is an error on your tax return in the computation of total contributions or if we disallow the contribution you requested because there is no credit available for the tax year, your name and address will not be forwarded to DPR. Any contribution less than $195 will be treated as a voluntary contribution and may be deducted as a charitable contribution. For more information go to parks.ca.gov/annualpass/ or email info@parks.ca.gov .
(forms)(2021)(2021-540-booklet)(block-102)Line 110 – Total Contributions#
Add amounts in code 400 through code 446. Enter the result on line 110.
(forms)(2021)(2021-540-booklet)(block-103)Amount You Owe#
Add or subtract correctly to figure the amount you owe.
(forms)(2021)(2021-540-booklet)(block-104)Line 111 – Amount You Owe#
If you do not have an amount on line 99, add the amount on line 94, line 96, line 100, and line 110, if any. Enter the result on line 111.
If you have an amount on line 99 and the amount on line 110 is more than line 99, subtract line 99 from line 110 and enter the difference on line 111.
To avoid a late filing penalty, file your Form 540 by the extended due date even if you cannot pay the amount you owe.
Mandatory Electronic Payments – You are required to remit all your payments electronically once you make an estimate or extension payment exceeding $20,000 or you file an original return with a total tax liability over $80,000. Once you meet this threshold, all subsequent payments regardless of amount, tax type, or taxable year must be remitted electronically. The first payment that would trigger the mandatory e-pay requirement does not have to be made electronically. Individuals that do not send the payment electronically will be subject to a 1% noncompliance penalty.
You can request a waiver from mandatory e-pay if one or more of the following is true:
You have not made an estimated tax or extension payment in excess of $20,000 during the current or previous taxable year.
Your total tax liability reported for the previous taxable year did not exceed $80,000.
The amount you paid is not representative of your total tax liability.
For more information or to obtain the waiver form, go to ftb.ca.gov/e-pay .
Electronic payments can be made using Web Pay on FTB’s website, electronic funds withdrawal (EFW) as part of the e-file return, or your credit card.
(forms)(2021)(2021-540-booklet)(block-105)Payment Options#
Electronic Funds Withdrawal – Instead of paying by check or money order, use this convenient option if you e-file. Simply provide your bank information, amount you want to pay, and the date you want the balance due to be withdrawn from your account. Your tax preparation software will offer this option.
Web Pay – Pay the amount you owe using our secure online payment service. Go to ftb.ca.gov/pay for more information.
Credit Card – Use your Discover, MasterCard, Visa, or American Express card to pay your tax. If you pay by credit card, do not mail form FTB 3519 to us. Call 800-272-9829 or go to the ACI Payments, Inc. (formerly Official Payments) website at officialpayments.com , and use the jurisdiction code 1555. ACI Payments, Inc. charges a convenience fee for using this service.
Check or Money Order – Using black or blue ink, make your check or money order payable to the “Franchise Tax Board.” Do not send cash or other items of value (such as stamps, lottery tickets, foreign currency, and gift cards). Write your SSN or ITIN and “2021 Form 540” as applicable on the check or money order. Enclose, but do not staple, your payment with your tax return. Make all checks or money orders payable in U.S. dollars and drawn against a U.S. financial institution. Do not combine your 2021 tax payment and any 2022 estimated tax payment in the same check. Prepare two separate checks and mail each in a separate envelope. If you e-filed your tax return, mail your check or money order with form FTB 3582, Payment Voucher for Individual e-filed Returns. Do not mail a copy of your e-filed tax return. A penalty may be imposed if your check is returned by your bank for insufficient funds.
Paying by Credit Card – Whether you e-file or file by mail, use your Discover, MasterCard, Visa, or American Express card to pay your personal income taxes (tax return balance due, extension payment, estimated tax payment, or tax due with bill notice). There is a convenience fee for this service. This fee is paid directly to ACI Payments, Inc. based on the amount of your tax payment.
(forms)(2021)(2021-540-booklet)(block-106)Convenience Fee#
2.30% of the tax amount charged (rounded to the nearest cent)
Minimum fee: $1
Example :
Tax Payment = $753.56
Convenience Fee = $17.33
(forms)(2021)(2021-540-booklet)(block-107)When will my payments be effective?#
Your payment is effective on the date you charge it.
(forms)(2021)(2021-540-booklet)(block-108)What if I change my mind?#
If you pay your tax liability by credit card and later reverse the credit card transaction, you may be subject to penalties, interest, and other fees imposed by the FTB for nonpayment or late payment of your tax liability.
(forms)(2021)(2021-540-booklet)(block-109)How do I use my credit card to pay my income tax bill?#
Once you have determined the type of payment and how much you owe, have the following ready:
Your Discover, MasterCard, Visa, or American Express card
Credit card number
Expiration date
Amount you are paying
Your and your spouse’s/RDP’s SSN or ITIN
First 4 letters of your and your spouse’s/RDP’s last name
Taxable year
Home phone number (including area code)
ZIP code for address where your monthly credit card bill is sent
FTB Jurisdiction Code: 1555
Go to the ACI Payments, Inc. website at officialpayments.com and select Payment Center , or call 800-2PAY-TAX or 800-272-9829 and follow the recorded instructions. ACI Payments, Inc. provides customer assistance at 877-297-7457 Monday through Friday, 5:00 a.m. to 5:00 p.m. PST. ACI Payments, Inc. will tell you the convenience fee before you complete your transaction. Decide whether to complete the transaction at that time.
Payment Date:
Confirmation Number:
If you cannot pay the full amount or can only make a partial payment for the amount shown on Form 540, line 114, see the information regarding installment payments in Question 4 of the “ Frequently Asked Questions .”
(forms)(2021)(2021-540-booklet)(block-110)Interest and Penalties#
If you file your tax return or pay your tax after the due date, you may owe interest and penalties on the tax due.
Do not reduce the amount on line 97 or increase the amount on line 100 by any penalty or interest amounts. Enter on Form 540, line 112 the amount of interest and penalties.
(forms)(2021)(2021-540-booklet)(block-111)Line 112 – Interest and Penalties#
Interest – Interest will be charged on any late filing or late payment penalty from the original due date of the return to the date paid. In addition, if other penalties are not paid within 15 days, interest will be charged from the date of the billing notice until the date of payment. Interest compounds daily and the interest rate is adjusted twice a year. The FTB website has a chart of interest rates in effect since 1976. Go to ftb.ca.gov and search for interest rates .
Late Filing of Tax Return – If you do not file your tax return by October 17, 2022, you will incur a late filing penalty plus interest from the original due date of the tax return. The maximum total penalty is 25% of the tax not paid if the tax return is filed after October 17, 2022. The minimum penalty for filing a tax return more than 60 days late is $135 or 100% of the balance due, whichever is less.
Late Payment of Tax – If you fail to pay your total tax liability by April 18, 2022, you will incur a late payment penalty plus interest. The penalty is 5% of the tax not paid when due plus 1/2% for each month, or part of a month, the tax remains unpaid. We may waive the late payment penalty based on reasonable cause. Reasonable cause is presumed when 90% of the tax shown on the return is paid by the original due date of the return. However, the imposition of interest is mandatory. If, after April 18, 2022, you find that your estimate of tax due was too low, pay the additional tax as soon as possible to avoid or minimize further accumulation of penalties and interest.
Late Payment of Use Tax – To avoid late payment penalties for use tax, you must report and pay the use tax with a timely filed income tax return, or California Individual Use Tax return.
Other Penalties – We may impose other penalties if a payment is returned for insufficient funds. We may also impose penalties for negligence, substantial understatement of tax, and fraud.
(forms)(2021)(2021-540-booklet)(block-112)Line 113 – Underpayment of Estimated Tax#
You may be subject to an estimated tax penalty if any of the following is true:
Your withholding and credits are less than 90% of your current tax year liability.
Your withholding and credits are less than 100% of your prior year tax liability (110% if AGI is more than $150,000 or $75,000 if married/RDP filing separately).
You did not pay enough through withholding to keep the amount you owe with your tax return under $500 ($250 if married/RDP filing separately).
You did not make the required estimate payments, if you pay an installment after the date it is due, or if you underpay any installment, a penalty may be assessed on the portion of estimated tax that was underpaid from the due date of the installment to the date of payment or the due date of your return, whichever is earlier. Get the 2021 form FTB 5805, Underpayment of Estimated Tax by Individuals and Fiduciaries, for more information.
The FTB can figure the penalty for you when you file your tax return and send you a bill.
Is line 100 less than $500 ($250 if married/RDP filing separately)?
Is line 100 less than 10% of the amount on line 48? Form 540 filers: this excludes the tax on lump-sum distributions on Form 540, line 34.
The underpayment of estimated tax penalty shall not apply to the extent the underpayment of an installment was created or increased by any provision of law that is chaptered during and operative for the taxable year of the underpayment. To request a waiver of the underpayment of estimated tax penalty, get form FTB 5805 or form FTB 5805F. See “ Where To Get Income Tax Forms and Publications .”
If you complete one of these forms, attach it to the back of your Form 540. Enter the amount of the penalty on line 113 and check the correct box on line 113. Complete and attach the form if you claim a waiver, use the annualized income installment method, or pay tax according to the schedule for farmers and fishermen, even if you do not owe a penalty.
See “ Important Dates ” for more information on estimated tax payments and how to avoid the underpayment penalty.
See the instructions for Form 540, line 114 for information about figuring your payment, if any.
(forms)(2021)(2021-540-booklet)(block-113)Line 114 – Total Amount Due#
Is there an amount on line 111?
Make all checks or money orders payable in U.S. dollars and drawn against a U.S. financial institution.
(forms)(2021)(2021-540-booklet)(block-114)Line 115 – Refund or No Amount Due#
Did you report amounts on line 110, line 112, or line 113?
Less than line 99, subtract the sum of line 110, line 112, and line 113 from line 99 and enter the result on line 115. This is your refund amount.
More than line 99, subtract line 99 from the sum of line 110, line 112, and line 113 and enter the result on line 114. This is your total amount due. For payment options, see line 111 instructions.
(forms)(2021)(2021-540-booklet)(block-115)Line 116 and Line 117 – Direct Deposit of Refund#
Direct deposit is safe and convenient. To have your refund directly deposited into your bank account, fill in the account information on line 116 and line 117. Fill in the routing and account numbers and indicate the account type. Verify routing and account numbers with your financial institution. Do not attach a voided check or deposit slip. See the illustration below.
Individual taxpayers may request that their refund be electronically deposited into more than one checking or savings account. This allows more options for managing your refund. For example, you can request part of your refund go to your checking account to use now and the rest to your savings account to save for later.
The routing number must be nine digits. The first two digits must be 01 through 12 or 21 through 32. On the sample check, the routing number is 250250025. The account number can be up to 17 characters and can include numbers and letters. Include hyphens but omit spaces and special symbols. On the sample check, the account number is 202020.
Check the appropriate box for the type of account. Do not check more than one box for each line.
Enter the portion of your refund you want directly deposited into each account. Each deposit must be at least $1. When filing an original return, the total of line 116 and line 117 must equal the total amount of your refund on line 115. If line 116 and line 117 do not equal line 115, the FTB will issue a paper check.
When filing an amended return, only complete the amended Form 540 through line 115. Next complete the California Schedule X. The amount from Schedule X, line 11 is your additional refund amount. This amount will be carried over to your amended Form 540 and will be entered on line 116 and line 117. The total of the amended Form 540, line 116 and line 117 must equal the total amount of your refund on Schedule X, line 11. If the total of the amended Form 540, line 116 and line 117 do not equal Schedule X, line 11, the FTB will issue a paper check.
Adjusted Refunds – If there is a change made to your refund, you will still receive your refund via direct deposit. For more information on direct deposit of adjusted refunds, go to ftb.ca.gov and search for direct deposit.
Caution : Check with your financial institution to make sure your deposit will be accepted and to get the correct routing and account numbers. The FTB is not responsible for a lost refund due to incorrect account information entered by you or your representative.
Prior to depositing the refund, the FTB may first verify with your financial institution that the name on the account you designated to receive the direct deposit refund matches the name provided on the tax return. Some financial institutions will not allow a joint refund to be deposited to an individual account. If the direct deposit is rejected, the FTB will issue a paper check.
(forms)(2021)(2021-540-booklet)(block-116)Direct Deposit for ScholarShare 529 College Savings Plans#
If you have a ScholarShare 529 College Savings Plan account maintained by the ScholarShare Investment Board, you may have your refund directly deposited to your ScholarShare account. Please visit scholarshare529.com for instructions.
(forms)(2021)(2021-540-booklet)(block-117)Sign Your Tax Return#
You must sign your tax return in the space provided on Form 540, Side 5. If you file a joint tax return, your spouse/RDP must also sign it.
Include your preferred phone number and email address in case the FTB needs to contact you regarding your tax return. By providing this information, the FTB will be able to provide you better customer service.
Joint Tax Return – If you file a joint tax return, both you and your spouse/RDP are generally responsible for the tax and any interest or penalties due on the tax return. This means that if one spouse/RDP does not pay the tax due, the other may be liable. See “Innocent Joint Filer Relief” under Additional Information section for more information.
Paid Preparer’s Information – If you pay a person to prepare your Form 540, that person must sign and complete the area at the bottom of Side 5 including an identification number. The IRS requires a paid tax preparer to get and use a preparer tax identification number (PTIN). If the preparer has a federal employer identification number (FEIN), it should be entered only in the space provided. A paid preparer must give you a copy of your tax return to keep for your records.
Third Party Designee – If you want to allow your preparer, a friend, family member, or any other person you choose to discuss your 2021 tax return with the FTB, check the “Yes” box in the signature area of your tax return. Also, print the designee’s name and telephone number.
If you check the “Yes” box you, and your spouse/RDP, if filing a joint tax return, are authorizing the FTB to call the designee to answer any questions that may arise during the processing of your tax return. You are also authorizing the designee to:
Give the FTB any information that is missing from your tax return.
Call the FTB for information about the processing of your tax return or the status of your refund or payments.
Receive copies of notices or transcripts related to your tax return, upon request.
Respond to certain FTB notices about math errors, offsets, and tax return preparation.
You are not authorizing the designee to receive any refund check, bind you to anything (including any additional tax liability), or otherwise represent you before the FTB. If you want to expand or change the designee’s authorization, go to ftb.ca.gov/poa .
The authorization will automatically end no later than the due date (without regard to extensions) for filing your 2022 tax return. This is April 15, 2023, for most people. If you wish to revoke the authorization before it ends, notify us by telephone at 800-852-5711 or by writing to Franchise Tax Board, PO Box 942840, Sacramento, CA 94240-0040, include your name, SSN, and the designee’s name.
Power of Attorney – If another person prepared your tax return, he or she is not automatically granted access to your tax information in future dealings with us. At some point, you may wish to designate someone to act on your behalf in matters related or unrelated to this tax return (e.g., an audit examination). To protect your privacy, you must submit to us a legal document called a “Power of Attorney” (POA) authorizing another person to discuss or receive personal information about your income tax records.
For more information, go to ftb.ca.gov/poa .
(forms)(2021)(2021-540-booklet)(block-118)Attachments to your tax return.#
Do I need to attach a copy of federal Form 1040 or 1040-SR?
Other than Schedule A (Form 1040) or Schedule B (Form 1040), did you attach any federal forms or schedules to your federal Form 1040 or 1040-SR?
If No , do not attach a copy of your federal Form 1040 or 1040-SR return to Form 540.
If Yes , attach a copy of your federal Form 1040 or 1040-SR return and all supporting federal forms and schedules to Form 540.
Exception : If you did not itemize deductions on your federal tax return but will itemize deductions on your California tax return, complete and attach a copy of the federal Schedule A (Form 1040) to Form 540.
Do not attach any documents to your tax return unless specifically instructed. This will help us reduce government processing and storage costs.
(forms)(2021)(2021-540-booklet)(block-119)Federal Form(s) W-2, W-2G, and 1099, and CA Form(s) 592-B and 593.#
Attach all the Form(s) W-2 and W-2G you received to the lower front of your tax return. Also, attach any Forms(s) 1099, 592-B, and 593 showing California income tax withheld.
If you do not receive your Form(s) W-2 by January 31, 2022, contact your employer or go to ftb.ca.gov and login or register for MyFTB. Only your employer can issue or correct a Form W-2. If you cannot get a copy of your Form W-2, you must complete form FTB 3525, Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R. See “ Order Forms and Publications ” or go to ftb.ca.gov/forms .
If you forget to send your Form(s) W-2 or other withholding forms with your income tax return, do not send them separately, or with another copy of your tax return. Wait until the FTB requests them from you.
(forms)(2021)(2021-540-booklet)(block-120)Assembling Your Tax Return#
Assemble your tax return in the order shown below.
Caution : Form 540 has five sides. When filing Form 540, you must send all five sides to the FTB.
(forms)(2021)(2021-540-booklet)(block-121)Mailing Your Tax Return#
If your tax return has an amount due , mail your tax return to the following address:
If your tax return shows a refund or no amount due , mail your tax return to the following address:
(forms)(2021)(2021-540-booklet)(block-122)Nonrefundable Renter’s Credit Qualification Record#
Tip : e-file and skip this information! The tax software product you use to e-file will help you find out if you qualify for this credit and will figure the correct amount of the credit automatically. Go to ftb.ca.gov to check your e-file options. You can claim the nonrefundable renter’s credit using CalFile.
If you were a resident of California and paid rent on property in California, which was your principal residence, you may qualify for a credit that you can use to reduce your tax. Answer the questions below to see if you qualify. For purposes of California income tax, references to a spouse, husband, or wife also refer to a California Registered Domestic Partner (RDP), unless otherwise specified. When we use the initials RDP they refer to both a California registered domestic “partner” and a California registered domestic “partnership,” as applicable. For more information on RDPs, get FTB Pub. 737. Do not mail this record. Keep with your tax records.
Were you a resident of California for the entire year in 2021? Military personnel. If you are not a legal resident of California, you do not qualify for this credit. However, your spouse/RDP may claim this credit if he or she was a resident during 2021, and is otherwise qualified. YES. Go to question 2. NO. Stop here. File Form 540NR. See “ Order Forms and Publications .”
Is your California adjusted gross income the amount on line 17 : $45,448 or less if single or married/RDP filing separately; or $90,896 or less if married/RDP filing jointly, head of household, or qualifying widow(er)? YES. Go to question 3. NO. Stop here. You do not qualify for this credit.
Did you pay rent, for at least half of 2021, on property (including a mobile home that you owned on rented land) in California, which was your principal residence? YES. Go to question 4. NO. Stop here. You do not qualify for this credit.
Can you be claimed as a dependent by a parent, foster parent, legal guardian, or any other person in 2021? NO. Go to question 6. YES. Go to question 5.
For more than half the year in 2021, did you live in the home of the person who can claim you as a dependent? NO. Go to question 6. YES. Stop here. You do not qualify for this credit.
Was the property you rented exempt from property tax in 2021? You do not qualify for this credit if, for more than half of the year, you rented property that was exempt from property taxes. Exempt property includes most government-owned buildings, church-owned parsonages, college dormitories, and military barracks. However, if you or your landlord paid possessory interest taxes for the property you rented, then you may claim this credit. NO. Go to question 7. YES. Stop here. You do not qualify for this credit.
Did you claim the homeowner’s property tax exemption anytime during 2021? You do not qualify for this credit if you or your spouse/RDP received a homeowner’s property tax exemption at any time during the year. However, if you lived apart from your spouse/RDP for the entire year and your spouse/RDP received a homeowner’s property tax exemption for a separate residence, then you may claim this credit if you are otherwise qualified. NO. Go to question 8. YES. If your filing status is single or married/RDP filing separately, stop here, you do not qualify for this credit. If your filing status is married/RDP filing jointly, go to question 9.
Were you single in 2021? YES. Go to question 11. NO. Go to question 9.
Did your spouse/RDP claim the homeowner’s property tax exemption anytime during 2021? You do not qualify for this credit if you or your spouse/RDP received a homeowner’s property tax exemption at any time during the year. However, if you lived apart from your spouse/RDP for the entire year and your spouse/RDP received a homeowner’s property tax exemption for a separate residence, then you may claim this credit if you are otherwise qualified. NO. Go to question 11. YES. If both you and your spouse/RDP claimed the homeowner’s property tax exemption, stop here, you do not qualify for this credit. Otherwise, go to question 10.
Did you and your spouse/RDP maintain separate residences for the entire year in 2021? YES. Go to question 11. NO. Stop here. You do not qualify for this credit.
If you are : Single, enter $60 on Form 540, line 46. Head of household or qualifying widow(er), enter $120 on Form 540, line 46. Married/RDP filing separately: if you and your spouse/RDP lived in the same rental property and both qualify for this credit, one spouse/RDP may claim the full amount of the credit ($120), or each spouse/RDP may claim half the amount ($60 each). If you and your spouse/RDP lived apart for the entire year and you qualify for this credit, you may claim half the amount of the credit ($60). Enter your credit amount on Form 540, line 46. Married/RDP filing jointly, enter $120 on line 46. (Exception: If one spouse/RDP claimed the homeowner’s tax exemption and you lived apart from your spouse/RDP for the entire year, enter $60 on Form 540, line 46.)
(forms)(2021)(2021-540-booklet)(block-123)Fill in the street address(es) and landlord information below for the residence(s) you rented in California during 2021, which qualified you for this credit.#
Street Address City, State, and ZIP Code Dates Rented in 2021 (From______to______) a b
(forms)(2021)(2021-540-booklet)(block-124)Enter the name, address, and telephone number of your landlord(s) or the person(s) to whom you paid rent for the residence(s) listed above.#
Name Street Address City, State, ZIP Code, and Telephone Number a b
(forms)(2021)(2021-540-booklet)(block-125)Voluntary Contribution Fund Descriptions#
Make voluntary contributions of $1 or more in whole dollar amounts to the funds listed below. To contribute to the California Seniors Special Fund, use the instructions for code 400 below. The amount you contribute either reduces your overpaid tax or increases your tax due. You may contribute only to the funds listed and cannot change the amount you contribute after you file your tax return. For more information, go to ftb.ca.gov and search for voluntary contributions .
If you and/or your spouse/RDP are 65 years of age or older as of January 1, 2022, and claim the Senior Exemption Credit, you may make a combined total contribution of up to $258 or $129 per spouse/RDP. Contributions made to this fund will be distributed to the Area Agency on Aging Councils (TACC) to provide advice on and sponsorship of Senior Citizens issues. Any excess contributions not required by TACC will be distributed to senior citizen service organizations throughout California for meals, adult day care, and transportation.
Contributions will be used to provide grants to California scientists to study Alzheimer’s disease and related disorders. This research includes basic science, diagnosis, treatment, prevention, behavioral problems, and caregiving. With almost 600,000 Californians living with the disease and another 2 million providing care to a loved one with Alzheimer’s, our state is in the early stages of a major public health crisis. Your contribution will ensure that Alzheimer’s disease receives the attention, research, and resources it deserves. For more information go to cdph.ca.gov and search for Alzheimer .
Contributions will be used to help protect and conserve California’s many threatened and endangered species and the wild lands that they need to survive, for the enjoyment and benefit of you and future generations of Californians.
Contributions will fund research toward preventing and curing breast cancer. Breast cancer is the most common cancer to strike women in California. It kills 4,000 California women each year. Contributions also fund research on prevention and better treatment, and keep doctors up-to-date on research progress. For more information about the research your contributions support, go to cbcrp.org . Your contribution can help make breast cancer a disease of the past.
Contributions will be used for the repair and maintenance of the California Firefighters’ Memorial on the grounds of the State Capitol, ceremonies to honor the memory of fallen firefighters and to assist surviving loved ones, and for an informational guide detailing survivor benefits to assist the spouses/RDPs and children of fallen firefighters.
Contributions will be used to help local food banks feed California’s hungry. Your contribution will fund the purchase of much-needed food for delivery to food banks, pantries, and soup kitchens throughout the state. The State Department of Social Services will monitor its distribution to ensure the food is given to those most in need.
Contributions will be used to preserve the memory of California’s fallen peace officers and assist the families they left behind. Since statehood, over 1,300 courageous California peace officers have made the ultimate sacrifice while protecting law-abiding citizens. The non-profit charitable organization, California Peace Officers’ Memorial Foundation, has accepted the privilege and responsibility of maintaining a memorial for fallen officers on the State Capitol grounds. Each May, the Memorial Foundation conducts a dignified ceremony honoring fallen officers and their surviving families by offering moral support, crisis counseling, and financial support that includes academic scholarships for the children of those officers who have made the supreme sacrifice. On behalf of all of us and the law-abiding citizens of California, thank you for your participation.
The California Coastal Conservancy and the Department of Fish and Wildlife will each be allocated 50% of the contributions. Contributions allocated to the California Coastal Conservancy will be used for research, science, protection, projects, or programs related to the Federal Sea Otter Recovery Plan or improving the nearshore ocean ecosystem, including, program activities to reduce sea otter mortality. Contributions allocated to the Department of Fish and Wildlife will be used to establish a sea otter fund within the department’s index coding system for increased investigation, prevention, and enforcement action.
Contributions will be used to conduct research relating to the causes, detection, and prevention of cancer and to expand community-based education on cancer, and to provide prevention and awareness activities for communities that are disproportionately at risk or afflicted by cancer.
Contributions will be used to provide school supplies and health-related products to homeless children.
Contributions will be used for the protection and preservation of California’s state parks and for the cost of a Vehicle Day Use Annual Pass valid at most park units where day use fees are collected. The pass is not valid at off-highway vehicle units, or for camping, oversized vehicle, extra vehicle, per-person, or supplemental fees. If a taxpayer’s contribution equals or exceeds $195, the taxpayer will receive a single Vehicle Day Use Annual Pass. Amounts contributed in excess of the parks pass cost may be deducted as a charitable contribution for the year in which the voluntary contribution is made. Any contribution less than $195 will be treated as a voluntary contribution and may be deducted as a charitable contribution. For more information go to parks.ca.gov/annualpass/ or email info@parks.ca.gov .
Contributions will be used to provide grants to community organizations working to protect, restore, and enhance the California coast and ocean. Contributions will support shoreline cleanups, habitat restoration, coastal access improvements, and ocean education programs.
Contributions will be used by the Arts Council for the allocation of grants to individuals or organizations administering arts programs for children in preschool through 12th grade.
Contributions will be used to provide funding to programs designed to prevent and eliminate animal homelessness and cruelty, research that explores novel approaches to preventing and eliminating pet homelessness, and the prevention, investigation, and prosecution of animal cruelty and neglect.
Contributions will be used to conduct the sessions of the California Senior Legislature and to support its ongoing activities on behalf of older persons.
Contributions will be used to support the recovery and rehabilitation of injured, sick, or orphaned native wildlife, and conservation education.
Contributions will be used for DNA testing in the processing of rape kits.
Contributions will be used to fund academic and career readiness programs that seek to break the school-to-prison pipeline.
Contributions will be used to fund crisis center programs designed to provide suicide prevention services.
Contributions will be used to fund the Crisis Intervention Team program that trains peace officers to assist and engage safely with persons living with mental illness.
Contributions will be used to support the Department of Forestry and Fire Protection’s grant program for urban forest management activities under the California Urban Forestry Act of 1978. This program focuses on bringing trees to communities that are disadvantaged or lack government infrastructure needed to enter into and support urban tree planting and care agreements.
(forms)(2021)(2021-540-booklet)(block-126)Credit Chart#
Credit Name Code Description California Competes Tax – FTB 3531 233 The credit, which is allocated and certified by the California Competes Tax Credit Committee, is available for businesses that want to come to California or to stay and grow in California. Website: business.ca.gov California Motion Picture and Television Production – FTB 3541 223 For taxable years beginning on or after January 1, 2011, the original credit is allocated and certified by the California Film Commission, and is available for qualified production expenditures attributable to a qualified motion picture, an independent film, or a TV series that relocates to California. Website: film.ca.gov Child Adoption Costs – See Credit for Child Adoption Costs Worksheet 197 50% of qualified costs in the year an adoption is ordered Child and Dependent Care Expenses – FTB 3506 See Nonrefundable Child and Dependent Care Expenses Credit 232 Similar to the federal credit except that the California credit amount is based on a specified percentage of the federal credit. College Access Tax – FTB 3592 235 The credit, which is allocated and certified by the California Educational Facilities Authority, is available for taxpayers who contribute to the College Access Tax Credit Fund. Website: treasurer.ca.gov/cefa Dependent Parent – See Credit for Dependent Parent 173 Must use married/RDP filing separately status and have a dependent parent Disabled Access for Eligible Small Business – FTB 3548 205 Similar to the federal credit but limited to $125 based on 50% of qualified expenditures that do not exceed $250 Donated Agricultural Products Transportation – FTB 3547 204 50% of the costs paid or incurred for the transportation of agricultural products donated to nonprofit charitable organizations Earned Income Tax – FTB 3514 None This refundable credit is similar to the federal Earned Income Credit (EIC) but with different income limitations. Young Child Tax – FTB 3514 None This refundable credit is available to taxpayers who also qualify for the CA Earned Income Tax Credit (EITC) and who have at least one qualifying child who is younger than six years old as of the last day of the taxable year. Enhanced Oil Recovery – FTB 3546 203 One third of the similar federal credit and limited to qualified enhanced oil recovery projects located within California. Joint Custody Head of Household – See Joint Custody Head of Household Worksheet 170 30% of tax up to $513 for taxpayers who are single or married/RDP filing separately, who have a child and meet the support test Low-Income Housing – FTB 3521 172 Similar to the federal credit but limited to low-income housing in California Main Street Small Business Tax II – FTB 3866 241 The credit is available to qualified small business employers that received a tentative credit reservation from the California Department of Tax and Fee Administration (CDTFA). Natural Heritage Preservation – FTB 3503 213 55% of the fair market value of any qualified contribution of property donated to the state, any local government, or any nonprofit organization designated by a local government. New California Motion Picture and Television Production – FTB 3541 237 For taxable years beginning on or after January 1, 2016, the new credit is allocated and certified by the California Film Commission, and is available for qualified production expenditures attributable to a qualified motion picture, an independent film, or a TV series that relocates to California. Website: film.ca.gov New Donated Fresh Fruits or Vegetables – FTB 3814 238 15% of the qualified value of the donated fresh fruits, vegetables, or other qualified donated items made to California food banks, based on weighted average wholesale price New Employment – FTB 3554 234 The credit is available for a taxpayer that hires a full-time employee and pays or incurs wages in a designated census tract or economic development area, and receives a tentative credit reservation for that full-time employee. Nonrefundable Renter’s – See Nonrefundable Renter’s Credit Qualification Record None For California residents who paid rent for their principal residence for at least 6 months in 2021 and whose AGI does not exceed a certain limit Other State Tax – Schedule S 187 Net income tax paid to another state or a U.S. possession on income also taxed by California Pass-Through Entity Elective Tax – FTB 3804-CR 242 For taxable years beginning on or after January 1, 2021, and before January 1, 2026, California allows a credit against the personal income tax to a taxpayer, other than a partnership, that is a partner, shareholder, or member of a qualified entity that elects to pay the elective tax. Prior Year Alternative Minimum Tax – FTB 3510 188 Must have paid alternative minimum tax in a prior year and have no alternative minimum tax liability in 2021 Prison Inmate Labor – FTB 3507 162 10% of wages paid to prison inmates Program 3.0 California Motion Picture and Television Production – FTB 3541 239 For taxable years beginning on or after January 1, 2020, the newest credit is allocated and certified by the California Film Commission, and is available for qualified production expenditures attributable to a qualified motion picture, an independent film, or a TV series that relocates to California. Website: film.ca.gov Research – FTB 3523 183 Similar to the federal credit but limited to costs for research activities in California Senior Head of Household – See Credit for Senior Head of Household Worksheet 163 2% of taxable income up to $1,565 for seniors who qualified for head of household in 2019 or 2020 and whose qualifying individual died during 2019 or 2020
(forms)(2021)(2021-540-booklet)(block-127)Repealed Credits:#
The expiration dates for the credits listed below have passed. However, these credits had carryover provisions. You may claim these credits only if you have an unused carryover available from prior years. If you are not required to complete Schedule P (540), Alternative Minimum Tax and Credit Limitations – Residents, get form FTB 3540, Credit Carryover and Recapture Summary to figure your credit carryover to future years. For EZ, LAMBRA, MEA, or TTA credit carryovers, get form FTB 3805Z, form FTB 3807, form FTB 3808, or form FTB 3809. See “ Where To Get Income Tax Forms and Publications ”.
Agricultural Products: 175
Commercial Solar Electric System: 196
Commercial Solar Energy: 181
Community Development Financial Institutions Investment: 209
Donated Fresh Fruits or Vegetables: 224
Employer Childcare Contribution: 190
Employer Childcare Program: 189
Employee Ridesharing: 194
Employer Ridesharing: Large employer: 191 Small employer: 192 Transit passes: 193
Energy Conservation: 182
Enterprise Zone Hiring: 176
Enterprise Zone Sales or Use Tax: 176
Environmental Tax: 218
Farmworker Housing: 207
Local Agency Military Base Recovery Area Hiring: 198
Local Agency Military Base Recovery Area Sales or Use Tax: 198
Low-Emission Vehicles: 160
Main Street Small Business Tax: 240
Manufacturing Enhancement Area Hiring: 211
New Jobs: 220
Orphan Drug: 185
Political Contributions: 184
Recycling Equipment: 174
Residential Rental & Farm Sales: 186
Ridesharing: 171
Salmon & Steelhead Trout Habitat Restoration: 200
Solar Energy: 180
Solar Pump: 179
Targeted Tax Area Hiring: 210
Targeted Tax Area Sales or Use Tax: 210
Water Conservation: 178
Young Infant: 161
(forms)(2021)(2021-540-booklet)(block-128)Frequently Asked Questions#
(Go to ftb.ca.gov for more frequently asked questions.)
What if I can’t file by April 18, 2022, and I think I owe tax? You must pay 100% of the amount you owe by April 18, 2022, to avoid interest and penalties. If you cannot file because you have not received all your federal Form(s) W-2, estimate the amount of tax you owe by completing form FTB 3519, Payment for Automatic Extension for Individuals. Mail it to the FTB with your payment by April 18, 2022 or pay online at ftb.ca.gov/pay . Then, when you receive all your federal Form(s) W-2, complete and mail your tax return by October 17, 2022 (you must use Form 540).
I never received a federal Form W-2. What should I do? Automated Phone code: 204 If all of your federal Forms W-2 were not received by January 31, 2022, contact your employer. Only an employer issues or corrects a federal Form W-2. For more information, call 800-338-0505, follow the recorded instructions and enter code 204 when instructed. If you cannot get a copy of your federal Form W-2, complete form FTB 3525, or federal Form 1099-R. See “ Where To Get Income Tax Forms and Publications .” For online wage and withhold information, go to ftb.ca.gov and login or register for MyFTB.
How can I get help? Throughout California more than 1,200 sites provide trained volunteers offering free help during the tax filing season to persons who need to file simple federal and state income tax returns. Many military bases also provide this service for members of the U.S. Armed Forces. Go to ftb.ca.gov and search for vita to find a list of participating locations or call the FTB at 800-852-5711 to find a location near you.
What do I do if I can’t pay what I owe with my 2021 tax return? Pay as much as possible when you file your tax return. If unable to pay your tax in full with your tax return, make a request for monthly payments. However, interest accrues and an underpayment penalty may be charged on the tax not paid by April 18, 2022, even if your request for monthly payments is approved. To make monthly payments, complete form FTB 3567, Installment Agreement Request, online or mail it to the address on the form. Do not mail it with your tax return . Automated Phone code: 949 The Installment Agreement Request might not be processed and approved until after your tax return is processed, and you may receive a bill before you receive approval of your request. To order this form, go to ftb.ca.gov/forms or call 800-338-0505, follow the recorded instructions and enter code 949 when instructed. Automated Phone code: 610 For information on how to pay by credit card, go to ftb.ca.gov/pay , or call 800-338-0505, follow the recorded instructions and enter code 610 when instructed.
Is direct deposit safe? Direct deposit is safe, and convenient. To have your refund directly deposited into your bank account, fill in the account information on Form 540, Side 5, line 116 and line 117. Fill in the routing and account numbers and indicate the account type.
How can I check on the status of my refund? Go to ftb.ca.gov and search for refund status . You will need your social security number (SSN) or individual taxpayer identification number (ITIN) and the refund amount from your tax return. You can also call our automated phone service .
I discovered an error on my tax return. What should I do? Automated Phone code: 908 If you discover that you made an error on your California income tax return after you filed it (paper or e-filed), file an amended Form 540 and attach Schedule X, California Explanation of Amended Return Changes, to correct your previously filed tax return. Get Schedule X at ftb.ca.gov/forms or call 800-338-0505, follow the recorded instructions and enter code 908 when instructed.
The IRS made changes to my federal tax return. What should I do? If your federal income tax return is examined and changed by the IRS and you owe additional tax, report these changes to the FTB within six months of the date of the final federal determination. If the changes the IRS made result in a refund due for California, claim a refund within two years of the date of the final federal determination. File an amended Form 540 and Schedule X to correct your previously filed income tax return and mail them to the following address, as applicable: Mail Without payment Franchise Tax Board PO Box 942840 Sacramento, CA 94240-0001 With payment Franchise Tax Board PO Box 942867 Sacramento, CA 92467-0001 or send a copy of the federal changes to: Mail ATTN RAR/VOL MS F310 Franchise Tax Board PO Box 1998 Rancho Cordova, CA 95741-1998 or fax the information to 916-843-2269. If you have a question relating to the IRS audit adjustments , call 916-845-4028. For general tax information or questions, call 800-852-5711. Regardless of which method you use to notify the FTB, you must include a copy of the final federal determination along with all data and schedules on which the federal adjustment was based. Get FTB Pub. 1008, Federal Tax Adjustments and Your Notification Responsibilities to California, for more information. See “ Order Forms and Publications .” File an amended Form 540 and Schedule X only if the change affected your California tax liability.
How long should I keep my tax information? Requests for information regarding your California income tax return usually occurs within the California statute of limitations period, which is usually the later of four years from the due date of the tax return or four years from the file date of the tax return. ( Exception: An extended statute of limitations period applies for California or federal tax returns related or subject to a federal audit.) Keep a copy of your tax return and the records that verify the income, deductions, adjustments, or credits reported on your return. Some records should be kept longer. For example, keep property records as long as needed to figure the basis of the property or records needed to verify carryover items (i.e., net operating losses, capital losses, passive losses, casualty losses, etc.) or records needed to track deferred gains on a 1031 exchange.
I will be moving after I file my tax return. How do I notify the FTB of my new address? Go to ftb.ca.gov and login or register for MyFTB or call 800-852-5711, and follow the recorded instructions to report a change of address. You may also use form FTB 3533, Change of Address for Individuals. This form is available at ftb.ca.gov/forms . If you change your address online or by phone, you do not need to file form FTB 3533. After filing your tax return, report a change of address to us for up to four years, especially if you leave the state and no longer have a requirement to file a California tax return.
Are all domestic partners required to file joint or separate tax returns? No, only domestic partners who are registered with the California Secretary of State are required to file using the married/RDP filing jointly or married/RDP filing separately filing status.
Owe Money? Web Pay lets you pay online , so you can schedule it and forget it! Go to ftb.ca.gov/pay for more information.
(forms)(2021)(2021-540-booklet)(block-129)California Use Tax General Information#
The use tax has been in effect in California since July 1, 1935. It applies to purchases of merchandise for use in California from out-of-state sellers and is similar to the sales tax paid on purchases you make in California. If you have not already paid all use tax due to the California Department of Tax and Fee Administration, you may be able to report and pay the use tax due on your state income tax return. See the information below and the instructions for Line 91 of your income tax return.
In general, you must pay California use tax on purchases of merchandise for use in California made from out-of-state sellers, for example, by telephone, over the Internet, by mail, or in person.
You must pay California use tax on taxable items if:
The seller does not collect California sales or use tax, and
You use, gift, store, or consume the item in this state.
Example: You live in California and purchase a dining table from a company in North Carolina. The company ships the table from North Carolina to your home for your use and does not charge California sales or use tax. You owe use tax on the purchase.
However, not all purchases require you to pay use tax. For example, you would include purchases of clothing, but not exempt purchases of food products or prescription medicine.
For more information on nontaxable and exempt purchases, you may refer to Publication 61, Sales and Use Taxes: Exemptions and Exclusions, on the California Department of Tax and Fee Administration’s website at cdtfa.ca.gov .
For information about California use tax, please refer to the California Department of Tax and Fee Administration’s website at cdtfa.ca.gov and type “ Find Information About Use Tax ” in the search bar.
Complete the Use Tax Worksheet or use the Use Tax Lookup Table , to calculate the amount due.
(forms)(2021)(2021-540-booklet)(block-130)Extensions to File#
If you request an extension to file your income tax return, wait until you file your tax return to report your purchases subject to use tax and make your use tax payment.
(forms)(2021)(2021-540-booklet)(block-131)Interest, Penalties and Fees#
Failure to timely report and pay the use tax due may result in the assessment of interest, penalties, and fees.
(forms)(2021)(2021-540-booklet)(block-132)Application of Payments#
For purchases made during taxable years starting on or after January 1, 2015, payments and credits reported on an income tax return will be applied first to the use tax liability, instead of income tax liabilities, penalties, and interest.
(forms)(2021)(2021-540-booklet)(block-133)Changes in Use Tax Reported#
Do not file an Amended Income Tax Return to revise the use tax previously reported. If you have changes to the amount of use tax previously reported on the original return, contact the California Department of Tax and Fee Administration.
For assistance with your use tax questions, go to the California Department of Tax and Fee Administration’s website at cdtfa.ca.gov or call their Customer Service Center at 800-400-7115 (CRS:711) (for hearing and speech disabilities). For California income tax information, contact the Franchise Tax Board at ftb.ca.gov .
(forms)(2021)(2021-540-booklet)(block-134)Collection Fees#
The FTB is required to assess collection and filing enforcement cost recovery fees on delinquent accounts.
(forms)(2021)(2021-540-booklet)(block-135)Deceased Taxpayers#
A final return must be filed for a person who died in 2021 if a tax return normally would be required. The administrator or executor, if one is appointed, or beneficiary must file the tax return. Print “deceased” and the date of death next to the taxpayer’s name at the top of the tax return.
If you are a surviving spouse/RDP and no administrator or executor has been appointed, file a joint tax return if you did not remarry or enter into another registered domestic partnership during 2021. Indicate next to your signature that you are the surviving spouse/RDP.
You may also file a joint tax return with an administrator or executor acting on behalf of the deceased taxpayer.
If you file a tax return and claim a refund due to a deceased taxpayer, you are certifying under penalty of perjury either that you are the legal representative of the deceased taxpayer’s estate (in this case, attach certified copies of the letters of administration or letters testamentary) or that you are entitled to the refund as the deceased’s surviving relative or sole beneficiary under the provisions of the California Probate Code. You must also attach a copy of federal Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer, and a copy of the death certificate when you file a tax return and claim a refund due.
(forms)(2021)(2021-540-booklet)(block-136)Innocent Joint Filer Relief#
If you file a joint tax return, both you and your spouse/RDP are generally responsible for paying the tax and any interest or penalties due on the tax return. However, you may qualify for relief of payment on all or part of the balance as an innocent joint filer. For more information, get form FTB 705, Innocent Joint Filer Relief Request, at ftb.ca.gov/forms or call 916-845-7072, Monday - Friday between 8 a.m. to 5 p.m. except holidays.
(forms)(2021)(2021-540-booklet)(block-137)Military Personnel#
If you are a member of the military and need additional information on how to file your tax return, get FTB Pub. 1032, Tax Information for Military Personnel. See “ Order Forms and Publications .”
(forms)(2021)(2021-540-booklet)(block-138)Requesting a Copy of Your Tax Return#
The FTB keeps personal income tax returns for three and one-half years from the original due date. To get a copy of your tax return, write a letter or complete form FTB 3516, Request for Copy of Personal Income or Fiduciary Tax Return. In most cases, a $20 fee is charged for each taxable year you request. However, no charge applies for victims of a designated California or federal disaster; or you request copies from a field office that assisted you in completing your tax return. See “Where To Get Tax Forms and Publications” to download or order form FTB 3516.
(forms)(2021)(2021-540-booklet)(block-139)Local Benefits#
You cannot deduct the amounts you pay for local benefits that apply to property in a limited area (construction of streets, sidewalks, or water and sewer systems). You must look at your real estate tax bill to determine if any nondeductible itemized charges are included in your bill. For more information, go to ftb.ca.gov and search for real estate tax or get federal Publication 17, Your Federal Income Tax-For Individuals, Chapter 11.
(forms)(2021)(2021-540-booklet)(block-140)Vehicle License Fees for Federal Schedule A#
On your federal Schedule A (Form 1040), Itemized Deductions, you may deduct the California motor vehicle license fee listed on your Vehicle Registration Billing Notice from the Department of Motor Vehicles. The other fees listed on your billing notice such as registration fee, weight fee, and county fees are not deductible.
(forms)(2021)(2021-540-booklet)(block-141)Voting Is Everybody’s Business#
You may register to vote if you meet these requirements:
You are a United States citizen.
You are a resident of California.
You will be 18 years old by the date of the next election.
You are not in prison or on parole for the conviction of a felony.
You need to re-register every time you move, change your name, or wish to change political parties. In order to vote in an election, you must be registered to vote at least 15 days before that election. If you need to get a Voter Registration Card, call the California Secretary of State’s Voter Hotline at 800-345-VOTE or go to sos.ca.gov .
To register to vote in California, you must be:
A United States citizen and a resident of California,
18 years old or older on Election Day,
Not currently in state or federal prison or on parole for the conviction of a felony, and
Not currently found mentally incompetent to vote by a court.
Pre-register at 16. Vote at 18. Voter pre-registration is now available for 16 and 17 year olds who otherwise meet the voter registration eligibility requirements. California youth who pre-register to vote will have their registration become active once they turn 18 years old.
If you wish to receive a paper Voter Registration or Pre-Registration Application, call the California Secretary of State’s Voter Hotline at 800-345-VOTE or simply register online at RegisterToVote.ca.gov . For more information about how and when to register to vote, visit sos.ca.gov/elections .
It’s Your Right … Register and Vote
(forms)(2021)(2021-540-booklet)(block-142)If You File Electronically#
If you e-file your tax return, make sure all the amounts entered on the paper copy of your California return are correct before you sign form FTB 8453, California e-file Return Authorization for Individuals, or form FTB 8879, California e-file Signature Authorization for Individuals. If you are requesting direct deposit of a refund, make sure your account and routing information is correct. Your tax return can be transmitted to FTB by your preparer or electronic e-file service only after you sign form FTB 8453 or form FTB 8879. The preparer or electronic e-file service must provide you with:
A copy of forms FTB 8453 or FTB 8879.
Any original CA Forms 592-B, 593, and federal Forms W-2, 1099-G, and other Form(s) 1099 that you provided.
A paper copy of your California tax return showing the data transmitted to the FTB.
You cannot retransmit an e-filed tax return once we have accepted the original. You can correct an error by filing an amended Form 540 and Schedule X to correct your previously filed tax return.
(forms)(2021)(2021-540-booklet)(block-143)Important Information#
Protective Claim – If you are filing a claim for refund for a taxable year where an audit is being conducted by another state’s taxing agency, litigation is pending or where a final determination by the IRS is pending, check box a for “Protective claim for refund” on Schedule X, Part II, line 1. Specify the pending litigation or reference to the federal determination on Part II, line 2 so we can properly process your claim.
Do not attach your previously filed return to your amended return.
Do not file an amended return to correct your SSN, name, or address, instead, call or write us. See “Contacting the Franchise Tax Board” for more information.
Use Tax – Do not amend your return to correct a use tax error reported on your original tax return. Enter the amount from your original return. The California Department of Tax and Fee Administration (CDTFA) administers this tax. Refer all questions or requests relating to use tax to the CDTFA at cdtfa.ca.gov or call 800-400-7115 .
Amount You Want Applied To Your 2022 Estimated Tax – Enter zero on amended Form 540, line 98 and get the instructions for Schedule X for the actual amount you want applied to your 2022 estimated tax.
Voluntary Contributions – You cannot amend voluntary contributions. Enter the amount from your original return.
Direct Deposit – You can now use direct deposit on your amended return.
When filing an amended return, only complete the amended Form 540 through line 115. Next complete the Schedule X. The amount from Schedule X, line 11 is your additional refund amount. This amount will be carried over to your amended Form 540 and will be entered on line 116 and line 117. The total of the amended Form 540, line 116 and line 117 must equal the total amount of your refund on Schedule X, line 11. If the total of the amended Form 540, line 116 and line 117 do not equal Schedule X, line 11, the FTB will issue a paper check.
Dependent Exemption Credit with No ID – For taxable years beginning on or after January 1, 2018, taxpayers claiming a dependent exemption credit for a dependent who is ineligible for an SSN and a federal ITIN may provide alternative information to the FTB to identify the dependent. To claim the dependent exemption credit, taxpayers complete form FTB 3568, attach the form and required documentation to their tax return, and write “no id” in the SSN field of line 10, Dependents, on Form 540. For each dependent being claimed that does not have an SSN and an ITIN, a form FTB 3568 must be provided along with supporting documentation.
If you are amending a return beginning with taxable year 2018 to claim the dependent exemption credit, complete an amended Form 540, and write “no id” in the SSN field on the Dependents line, and attach Schedule X. To complete Schedule X, check box m for “Other” on Part II, line 1, and write the explanation “Claim dependent exemption credit with no id and form FTB 3568 is attached” on Part II, line 2. Make sure to attach form FTB 3568 and the required supporting documents in addition to the amended return and Schedule X. If you do not claim the dependent exemption credit on the original 2021 tax return, you may amend the 2021 tax return following the same procedures used to amend your previous year amended tax returns beginning with taxable year 2018. For more information, get FTB Notice 2021-01.
(forms)(2021)(2021-540-booklet)(block-144)Purpose#
Use Form 540 to amend your original or previously filed California resident income tax return. If the FTB adjusted your return, you should use the amounts as adjusted by the FTB. Check the box at the top of Form 540 indicating AMENDED return and follow the instructions. Submit the completed amended Form 540 and Schedule X along with all required schedules and supporting forms.
(forms)(2021)(2021-540-booklet)(block-145)When to File#
Generally, if you filed federal Form 1040-X, Amended U.S. Individual Income Tax Return, file an amended California tax return within six months unless the changes do not affect your California tax liability. File an amended return only after you have filed your original or previously filed California tax return.
(forms)(2021)(2021-540-booklet)(block-146)California Statute of Limitations#
Original tax return was filed on or before April 15th: If you are making a claim for refund, file an amended tax return within four years from the original due date of the tax return or within one year from the date of overpayment, whichever period expires later.
Original tax return was filed within the extension period (April 15th – October 15th) : If you are making a claim for refund, file an amended tax return within four years from the date the original tax return was filed or within one year from the date of overpayment, whichever period expires later.
Original tax return was filed after October 15th: If you are making a claim for refund, file an amended tax return within four years from the original due date of the tax return (April 15th) or within one year from the date of overpayment, whichever period expires later.
If you are filing your amended tax return after the normal statute of limitation period (four years after the due date of the original tax return), attach a statement explaining why the normal statute of limitations does not apply.
If you are filing your amended return in response to a billing notice you received, you will continue to receive billing notices until your amended tax return is accepted. You may file an informal claim for refund even though the full amount due including tax, penalty, and interest has not yet been paid. After the full amount due has been paid, you have the right to appeal to the Office of Tax Appeals at ota.ca.gov or to file suit in court if your claim for refund is disallowed.
To file an informal claim for refund, check box l for “Informal claim” on Schedule X, Part II, line 1 and mail the claim to:
(forms)(2021)(2021-540-booklet)(block-147)Financially Disabled Taxpayers#
The statute of limitations for filing claims for refunds is suspended during periods when a taxpayer is “financially disabled.” You are considered “financially disabled” when you are unable to manage your financial affairs due to a medically determinable physical or mental impairment that is deemed to be either a terminal impairment or is expected to last for a continuous period of not less than 12 months. You are not considered “financially disabled” during any period that your spouse/RDP or any other person is legally authorized to act on your behalf on financial matters. For more information, get form FTB 1564, Financially Disabled – Suspension of the Statute of Limitations.
(forms)(2021)(2021-540-booklet)(block-148)Federal Notices#
If you were notified of an error on your federal income tax return that changed your AGI, you may need to amend your California income tax return for that year.
If the IRS examines and changes your federal income tax return, and you owe additional tax, report these changes to the FTB within six months. You do not need to inform the FTB if the changes do not increase your California tax liability. If the changes made by the IRS result in a refund due, you must file a claim for refund within two years. Use an amended Form 540 and Schedule X to make any changes to your California income tax returns previously filed.
Include a copy of the final federal determination, along with all underlying data and schedules that explain or support the federal adjustment.
Note : Most penalties assessed by the IRS also apply under California law. If you are including penalties in a payment with your amended tax return, see Schedule X, line 8a instructions.
(forms)(2021)(2021-540-booklet)(block-149)Children With Investment Income#
If your child was required to file form FTB 3800, Tax Computation for Certain Children with Unearned Income, and your taxable income has changed, review your child’s tax return to see if you need to file an amended tax return. Get form FTB 3800 for more information.
(forms)(2021)(2021-540-booklet)(block-150)Contacting the Franchise Tax Board#
If you have not received a refund within six months of filing your amended return, do not file a duplicate amended return for the same year. For information on the status of your refund, you may write to:
For telephone assistance, see General Phone Service .
(forms)(2021)(2021-540-booklet)(block-151)Filing Status#
Your filing status for California must be the same as the filing status you used on your federal income tax return, unless you are in a RDP. If you are an RDP and file single for federal, you must file married/RDP filing jointly or married/RDP filing separately for California. If you entered into a same-sex marriage, your filing status for California would generally be the same as the filing status that was used for federal. If you are a same-sex married individual or an RDP and file head of household for federal, you may file head of household for California only if you meet the requirements to be considered unmarried or considered not in a registered domestic partnership.
Exception for Filing a Separate Tax Return – A married couple who filed a joint federal tax return may file separate state tax returns if either spouse was either of the following:
An active member of the United States armed forces (or any auxiliary military branch) during the year being amended.
A nonresident for the entire year and had no income from California sources during the year being amended.
Changing Your Filing Status – If you changed your filing status on your federal amended tax return, also change your filing status for California unless you meet one of the exceptions listed above.
Married/RDP Filing Jointly to Married/RDP Filing Separately – You cannot change from married/RDP filing jointly to married/RDP filing separately after the due date of the tax return.
Exception : A married couple who meets the “Exception for Filing a Separate Tax Return” shown above may change from joint to separate tax returns after the due date of the tax return.
Filing Separate Tax Returns to Married/RDP Filing Jointly – If you or your spouse/RDP (or both of you) filed a separate tax return, you generally can change to a joint tax return any time within four years from the original due date of the separate tax return(s). To change to a joint tax return, you and your spouse/RDP must have been legally married or an RDP on the last day of the taxable year.
To amend from separate tax returns to a joint tax return, follow Form 540 instructions to complete only one amended tax return. Both you and your spouse/RDP must sign the amended joint tax return.
(forms)(2021)(2021-540-booklet)(block-152)2021 California Tax Rate Schedules#
Tip : To e-file and eliminate the math, go to ftb.ca.gov . To figure your tax online, go to ftb.ca.gov/tax-rates .
Use only if your taxable income on Form 540, line 19 is more than $100,000. If $100,000 or less, use the Tax Table.
(forms)(2021)(2021-540-booklet)(block-153)Schedule X#
Use if your filing status is Single or Married/RDP Filing Separately If the amount on Form 540, line 19 is over – But not over – Enter on Form 540, line 31 $0 $9,325 $0.00 + 1.00% of the amount over $0 9,325 22,107 93.25 + 2.00% of the amount over 9,325 22,107 34,892 348.89 + 4.00% of the amount over 22,107 34,892 48,435 860.29 + 6.00% of the amount over 34,892 48,435 61,214 1,672.87 + 8.00% of the amount over 48,435 61,214 312,686 2,695.19 + 9.30% of the amount over 61,214 312,686 375,221 26,082.09 + 10.30% of the amount over 312,686 375,221 625,369 32,523.20 + 11.30% of the amount over 375,221 625,369 AND OVER 60,789.92 + 12.30% of the amount over 625,369
(forms)(2021)(2021-540-booklet)(block-154)Schedule Y#
Use if your filing status is Married/RDP Filing Jointly or Qualifying Widow(er) If the amount on Form 540, line 19 is over – But not over – Enter on Form 540, line 31 $0 $18,650 $ 0.00 + 1.00% of the amount over $0 18,650 44,214 186.50 + 2.00% of the amount over 18,650 44,214 69,784 697.78 + 4.00% of the amount over 44,214 69,784 96,870 1,720.58 + 6.00% of the amount over 69,784 96,870 122,428 3,345.74 + 8.00% of the amount over 96,870 122,428 625,372 5,390.38 + 9.30% of the amount over 122,428 625,372 750,442 52,164.17 + 10.30% of the amount over 625,372 750,442 1,250,738 65,046.38 + 11.30% of the amount over 750,442 1,250,738 AND OVER 121,579.83 + 12.30% of the amount over 1,250,738
(forms)(2021)(2021-540-booklet)(block-155)Schedule Z#
Use if your filing status is Head of Household If the amount on Form 540, line 19 is over – But not over – Enter on Form 540, line 31 $0 $18,663 $0.00 + 1.00% of the amount over $0 18,663 44,217 186.63 + 2.00% of the amount over 18,663 44,217 56,999 697.71 + 4.00% of the amount over 44,217 56,999 70,542 1,208.99 + 6.00% of the amount over 56,999 70,542 83,324 2,021.57 + 8.00% of the amount over 70,542 83,324 425,251 3,044.13 + 9.30% of the amount over 83,324 425,251 510,303 34,843.34 + 10.30% of the amount over 425,251 510,303 850,503 43,603.70 + 11.30% of the amount over 510,303 850,503 AND OVER 82,046.30 + 12.30% of the amount over 850,503
(forms)(2021)(2021-540-booklet)(block-156)How to Figure Tax Using the 2021 California Tax Rate Schedules#
Example : Chris and Pat Smith are filing a joint tax return using Form 540. Their taxable income on Form 540, line 19 is $125,000.
Using Schedule Y, they find the taxable income range that includes their taxable income of $125,000.
They subtract the amount at the beginning of their range from their taxable income.
Example : $125,000 − 122,428 = $2,572
They multiply the result from Step 2 by the percentage for their range.
Example : $2,572 × .0930 = $239.20
They round the amount from Step 3 to two decimals (if necessary) and add it to the tax amount for their income range. After rounding the result, they will enter $5,630 on Form 540, line 31.
Example : $5,390.38 + 239.20 = $5,629.58
(forms)(2021)(2021-540-booklet)(block-157)Where To Get Income Tax Forms and Publications#
By Internet – You can download, view, and print California income tax forms and publications at ftb.ca.gov/forms or you may have these forms and publications mailed to you. Many of our most frequently used forms may be filed electronically, printed out for submission, and saved for record keeping.
By phone – To order California tax forms and publications:
Refer to the forms and publications list and find the code number for the form you want to order.
Call 800-338-0505.
Follow the recorded instructions.
Enter the three-digit form code when you are instructed.
Allow two weeks to receive your order. If you live outside California, allow three weeks to receive your order.
In person – Many post offices and libraries provide free California tax booklets during the filing season.
Employees at libraries and post offices cannot provide tax information or assistance.
By mail – Write to:
(forms)(2021)(2021-540-booklet)(block-158)Letters#
If you write to us, be sure your letter includes your social security number or individual taxpayer identification number and your daytime and evening telephone numbers. Send your letter to:
We will respond to your letter within 10 weeks. In some cases, we may call you to respond to your inquiry, or ask you for additional information. Do not attach correspondence to your tax return unless the correspondence relates to an item on the return.
(forms)(2021)(2021-540-booklet)(block-159)Your Rights As A Taxpayer#
The FTB’s goals include making certain that your rights are protected so that you have the highest confidence in the integrity, efficiency, and fairness of our state tax system. For more information, get FTB 4058, California Taxpayers’ Bill of Rights. See “ Where To Get Income Tax Forms and Publications .”
(forms)(2021)(2021-540-booklet)(block-160)Franchise Tax Board Privacy Notice on Collection#
The privacy and security of your personal information is of the utmost importance to us. We want you to have the highest confidence in the integrity, efficiency, and fairness of our state tax system.
Your Rights and Responsibilities – You have a right to know what types of information we gather, how we use it, and to whom we may provide it. Information collected is subject to the California Information Practices Act, Civil Code section 1798-1798.78, except as provided in Revenue and Taxation Code (R&TC) Section 19570.
If you meet certain requirements, you must file a valid tax return and related documents. You must provide your social security number or other identifying number on your tax return and related documents for identification. (R&TC Sections 18501, 18621,and 18624)
Reasons for Information Requests – We may request additional information to verify and collect the correct amount of tax. (R&TC Section 19504) You must provide all requested information, unless indicated as “optional.”
Consequences of Noncompliance – We charge penalties and interest if you:
Meet income requirements but do not file a valid tax return.
Do not provide the information we request.
Provide false information.
We may also disallow your claimed exemptions, exclusions, credits, deductions, or adjustments. If you provide false information, you may be subject to civil penalties and criminal prosecution. Noncompliance can increase your tax liability or delay or reduce any tax refund.
Disclosure of Information – We will not disclose your personal information, unless authorized by law. We may disclose your tax information to:
The Internal Revenue Service.
Other states’ income tax officials.
California government agencies and officials.
Third parties to determine or collect your tax liabilities.
Your authorized representative(s).
If you owe taxes, we may disclose your balance due as part of our collection process to: employers, financial institutions, county recorders, process agents, or other asset holders.
Responsibility for the Records – The director of the Processing Services Bureau maintains Franchise Tax Board’s records. You may review your records and bring any inaccuracies to our attention. You can obtain information about your records by:
To learn more about our Privacy Policy Statement, go to ftb.ca.gov/privacy .
(forms)(2021)(2021-540-booklet)(block-161)Automated Phone Service#
(Keep This Information For Future Use)
(forms)(2021)(2021-540-booklet)(block-162)Automated Phone Service#
Use our automated phone service to get recorded answers to many of your questions about California Taxes and to order current year Personal Income Tax Forms and Publications. You can also:
Get current year tax refund information.
Get balance due and payment information.
Have paper and pencil ready to take notes.
(forms)(2021)(2021-540-booklet)(block-163)Answers To Tax Questions#
Call our automated phone service, follow the recorded instructions and enter the 3-digit code.
(forms)(2021)(2021-540-booklet)(block-164)Order Forms and Publications#
If your current address is on file, you can order California tax forms and publications. Call our automated phone service, follow the recorded instructions and enter the 3-digit code.
(forms)(2021)(2021-540-booklet)(block-165)Current Year Refund Information#
If you file by mail, wait at least 8 weeks after you file your tax return before you call to find out about your refund. You need your social security number, the numbers in your street address, box number, route number, or PMB number, and your ZIP code to use this service.
(forms)(2021)(2021-540-booklet)(block-166)Balance Due and Payment Information#
Wait at least 45 days from the date you mailed your payment before you call to verify receipt. You need your social security number, the numbers in your street address, box number, route number, or PMB number, and your ZIP code to use this service.
(forms)(2021)(2021-540-booklet)(block-167)General Phone Service#
Telephone assistance is available year-round from 7 a.m. until 5 p.m. Monday through Friday, except holidays. Hours are subject to change.
Large-print forms and instructions – The Resident Booklet is available in large print upon request. See “ Order Forms and Publications ” or " Where To Get Income Tax Forms and Publications ."
Asistencia En Español
Asistencia telefónica está disponible durante todo el año desde las 7 a.m. hasta las 5 p.m. de lunes a viernes, excepto días feriados. Las horas están sujetas a cambios.
(forms)(2021)(2021-540-ca-instructions)2021 Instructions for Schedule CA (540)#
(forms)(2021)(2021-540-ca-instructions)(block-1)2021 Instructions for Schedule CA (540) California Adjustments - Residents Revised: 04/2026#
References in these instructions are to the Internal Revenue Code (IRC) as of January 1, 2015 , and the California Revenue and Taxation Code (R&TC).
(forms)(2021)(2021-540-ca-instructions)(block-2)What’s New#
Reporting Requirements – For taxable years beginning on or after January 1, 2021, taxpayers who benefited from the exclusion from gross income for the Paycheck Protection Program (PPP) loans forgiveness, other loan forgiveness, the Economic Injury Disaster Loan (EIDL) advance grant, restaurant revitalization grant, or shuttered venue operator grant, and related eligible expense deductions under the federal Coronavirus Aid, Relief and Economic Security (CARES) Act, Paycheck Protection Program and Health Care Enhancement Act, Paycheck Protection Program Flexibility Act of 2020, the American Rescue Plan Act (ARPA) of 2021, the Consolidated Appropriations Act (CAA), 2021, or the PPP Extension Act of 2021, should file form FTB 4197, Information on Tax Expenditure Items, as part of the Franchise Tax Board’s (FTB) annual reporting requirement. For more information, get form FTB 4197.
American Rescue Plan Act (ARPA) of 2021 – The ARPA was enacted on March 11, 2021. In general, California Revenue and Taxation Code (R&TC) does not conform to the changes. California taxpayers continue to follow the Internal Revenue Code (IRC) as of the specified date of January 1, 2015, with modifications.
COBRA Premium Assistance – The ARPA allows an exclusion from gross income for COBRA premium assistance subsidies received by eligible individuals for the COBRA coverage period beginning on April 1, 2021, and ending on September 30, 2021. California law does not conform to this federal provision. For more information, see Schedule CA (540) specific line instructions in Part I, Section B, line 8z.
Employer-Provided Dependent Care Assistance Exclusion – California conforms to the employer-provided dependent care assistance exclusion from gross income as of the specified date of January 1, 2015, without any modifications. The ARPA of 2021 enacted on March 11, 2021, temporarily increases the amount of the exclusion from gross income from $5,000 to $10,500 (and half of that amount for married filing separate) for employer-provided dependent care assistance. CA law does not conform to this change under the federal ARPA. For more information, see Schedule CA (540) specific line instructions in Part I, Section A, line 1.
Expanded Definition of Qualified Higher Education Expenses – For taxable years beginning on or after January 1, 2021, California law conforms to the expanded definition of qualified higher education expenses associated with participation in a registered apprenticeship program and payment on the principal or interest of a qualified education loan under the federal Further Consolidated Appropriations Act, 2020.
Consolidated Appropriations Act (CAA), 2021 – The CAA, 2021, was enacted on December 27, 2020. In general, the R&TC does not conform to the changes under the act. California taxpayers continue to follow the IRC as of the specified date of January 1, 2015, with modifications. California law does not conform to the following federal provisions under the CAA, 2021:
Increased limitations and carryovers for charitable contributions that were made during 2020 and 2021.
Temporary elimination of the 50% limitation on the deduction of expenses for food or beverages provided by a restaurant that are paid or incurred after December 31, 2020, and before January 1, 2023.
Temporary special rules for health and dependent care Flexible Spending Arrangements.
California Venues Grant – For taxable years beginning on or after September 1, 2020, and before January 1, 2030, California law allows an exclusion from gross income for grant allocations received by a taxpayer pursuant to the California Venues Grant Program that is administered by the Office of Small Business Advocate (CalOSBA). For more information, see R&TC Section 17158 and Schedule CA (540) specific line instructions in Part I, Section B, line 8z.
California Microbusiness COVID-19 Relief Grant – For taxable years beginning on or after January 1, 2020, and before January 1, 2023, California law allows an exclusion from gross income for grant allocations received by a taxpayer pursuant to the California Microbusiness COVID-19 Relief Program that is administered by CalOSBA. Federal law has no similar exclusion. For more information, see Schedule CA (540) specific line instructions in Part I, Section B, line 8z.
Other Loan Forgiveness – For taxable years beginning on or after January 1, 2019, California law allows an exclusion from gross income for borrowers of forgiveness of indebtedness described in Section 1109(d)(2)(D) of the CARES Act as stated by section 278, Division N of the federal CAA, 2021. The CAA, 2021, allows deductions for eligible expenses paid for with covered loan amounts. California law conforms to this federal provision, with modifications. For California purposes, these deductions generally do not apply to an ineligible entity. “Ineligible entity” means a taxpayer that is either a publicly-traded company or does not meet the 25% reduction from gross receipts requirements under Section 311 of the CAA, 2021. For more information, see Schedule CA (540) specific line instructions in Part I, Section B, line 3 or go to ftb.ca.gov and search for AB 80 .
Shuttered Venue Operator Grant – For taxable years beginning on or after January 1, 2019, California law allows an exclusion from gross income for amounts awarded as a shuttered venue operator grant under the CAA, 2021. The CAA, 2021, allows deductions for eligible expenses paid for with grant amounts. California law conforms to this federal provision, with modifications. For California purposes, these deductions do not apply to an ineligible entity. "Ineligible entity" means a taxpayer that is either a publicly-traded company or does not meet the 25% reduction from gross receipts requirements under Section 311 of Division N of the CAA, 2021. For more information, see Schedule CA (540) specific line instructions in Part I, Section B, line 3, or R&TC Section 17158.3.
Income Exclusion for Rent Forgiveness – For taxable years beginning on or after January 1, 2020, and before January 1, 2025, gross income shall not include a tenant’s rent liability that is forgiven by a landlord or rent forgiveness provided through funds grantees received as a direct allocation from the Secretary of the Treasury based on the federal CAA, 2021. For more information, see Schedule CA (540) specific line instructions in Part I, Section B, line 8z.
Moving Expense Deduction – For taxable years beginning on or after January 1, 2021, taxpayers should file California form FTB 3913, Moving Expense Deduction, to claim moving expense deductions. Attach the completed form FTB 3913 to Form 540, California Resident Income Tax Return. For more information, see Schedule CA (540) specific line instructions in Part I, Section C, line 14, and get form FTB 3913.
Paycheck Protection Program (PPP) Loans Forgiveness – For taxable years beginning on or after January 1, 2019, California law allows an exclusion from gross income for covered loan amounts forgiven under the federal CARES Act, Paycheck Protection Program and Health Care Enhancement Act, Paycheck Protection Program Flexibility Act of 2020, the CAA, 2021, or the PPP Extension Act of 2021.
Also, the ARPA expands PPP eligibility to include “additional covered nonprofit entities” which includes certain Code 501(c) nonprofit organizations and Internet-only news publishers and Internet-only periodical publishers. California law does not conform to this expansion of PPP eligibility. For more information, see specific line instructions for Schedule CA (540) in Part I, Section B, line 3.
The CAA, 2021, allows deductions for eligible expenses paid for with covered loan amounts. California law conforms to this federal provision, with modifications. For California purposes, these deductions do not apply to an ineligible entity. “Ineligible entity” means a taxpayer that is either a publicly-traded company or does not meet the 25% reduction from gross receipts requirements under Section 311 of Division N of the CAA, 2021. For more information, see specific line instructions for Schedule CA (540) in Part I, Section B, line 3 or R&TC Section 17131.8 or go to ftb.ca.gov and search for AB 80 .
Revenue Procedure 2021-20 allows taxpayers to make an election to report the eligible expense deductions related to a PPP loan on a timely filed original 2021 tax return including extensions. If a taxpayer makes an election for federal purposes, California will follow the federal treatment for California tax purposes.
Advance Grant Amount – For taxable years beginning on or after January 1, 2019, California law conforms to the federal law regarding the treatment for an emergency Economic Injury Disaster Loan (EIDL) grant under the federal CARES Act or a targeted EIDL advance under the Consolidated Appropriations Act, 2021.
(forms)(2021)(2021-540-ca-instructions)(block-3)General Information#
In general, for taxable years beginning on or after January 1, 2015, California law conforms to the IRC as of January 1, 2015. However, there are continuing differences between California and federal law. When California conforms to federal tax law changes, we do not always adopt all of the changes made at the federal level. For more information, go to ftb.ca.gov and search for conformity . Additional information can be found in FTB Pub. 1001, Supplemental Guidelines to California Adjustments, and the Business Entity tax booklets.
The instructions provided with California tax forms are a summary of California tax law and are only intended to aid taxpayers in preparing their state income tax returns. We include information that is most useful to the greatest number of taxpayers in the limited space available. It is not possible to include all requirements of the R&TC in the instructions. Taxpayers should not consider the instructions as authoritative law.
(forms)(2021)(2021-540-ca-instructions)(block-4)Conformity#
For updates regarding federal acts, go to ftb.ca.gov and search for conformity .
Setting Every Community Up for Retirement Enhancement (SECURE) Act – The SECURE Act was enacted on December 20, 2019. In general, California Revenue and Taxation Code (R&TC) does not conform to the changes. California taxpayers continue to follow the Internal Revenue Code (IRC) as of the specified date of January 1, 2015, with modifications.
SECURE Act repeal of maximum age 70½ – The SECURE Act repealed the maximum age of 70½ for traditional IRA contributions. California law does not conform to this federal provision. For more information, see Schedule CA (540) specific line instructions in Part I, Section C, line 20.
Coronavirus Aid, Relief, and Economic Security (CARES) Act – The federal CARES Act was enacted on March 27, 2020. In general, California R&TC does not conform to the changes. California taxpayers continue to follow the IRC as of the specified date of January 1, 2015, with modifications. California law does not conform to the following federal provisions under the CARES Act:
Charitable contributions changes
Exclusion for certain employer payment of student loans
Business interest limitations
Health-savings account changes
California law conforms to the following federal provision under the CARES Act:
Temporarily increases the amount of loans allowable from a qualified employer plan to $100,000 for coronavirus-related relief and delays by one year the due date for any repayment for an outstanding loan from a qualified employer plan if requirements are met.
The above lists are not intended to be all-inclusive of the federal and state conformities and differences. For more information, see specific line instructions or refer to the R&TC.
Worker Status: Employees and Independent Contractors – Some individuals may be classified as independent contractors for federal purposes and employees for California purposes, which may also cause changes in how their income and deductions are classified. Proposition 22 was operative as of December 16, 2020, and may affect a taxpayer’s worker classification. For more information, see Schedule CA (540) specific line instructions in Part I, Section A, line 1; Part I, Section B, line 3; Part I, Section C, line 15 and line 17; and Part II, line 4.
Rental Real Estate Activities – For taxable years beginning on or after January 1, 2020, the dollar limitation for the offset for rental real estate activities shall not apply to the low income housing credit program. For more information, see R&TC Section 17561(d)(1). Get form FTB 3801-CR, Passive Activity Credit Limitations, for more information.
R&TC Section 41 Reporting Requirements – Beginning in taxable year 2020, California allows individuals and other taxpayers operating under the personal income tax law to claim credits and deductions of business expenses paid or incurred during the taxable year in conducting commercial cannabis activity. Sole proprietors conducting a commercial cannabis activity that is licensed under California Medicinal and Adult-Use Cannabis Regulation and Safety Act (CA MAUCRSA), should file form FTB 4197. The FTB uses information from form FTB 4197 for reports required by the California Legislature. For more information, see Schedule CA (540) specific line instructions in Part I, Section B, line 3, and get form FTB 4197 for more information.
Net Operating Loss (NOL) Suspension – For taxable years beginning on or after January 1, 2020, and before January 1, 2023, California has suspended the NOL carryover deduction. Taxpayers may continue to compute and carryover an NOL during the suspension period. However , taxpayers with net business income or modified adjusted gross income (AGI) of less than $1,000,000 or with disaster loss carryovers are not affected by the NOL suspension rules.
The carryover period for suspended losses is extended by:
Three years for losses incurred in taxable years beginning before January 1, 2020.
Two years for losses incurred in taxable years beginning on or after January 1, 2020, and before January 1, 2021.
One year for losses incurred in taxable years beginning on or after January 1, 2021, and before January 1, 2022.
For more information, see R&TC Section 17276.23, and get form FTB 3805V, Net Operating Loss (NOL) Computation and NOL and Disaster Loss Limitations – Individuals, Estates, and Trusts.
Excess Business Loss Limitation – The federal CARES Act made amendments to IRC Section 461(l) by eliminating the excess business loss limitation of noncorporate taxpayers for taxable year 2020 and retroactively removing the limitation for taxable years 2018 and 2019. California does not conform to those amendments. Also, California law does not conform to the federal changes in the ARPA that extends the limitation on excess business losses of noncorporate taxpayers for taxable years beginning after December 31, 2020 and ending before January 1, 2027. Complete form FTB 3461, California Limitation on Business Losses, if you are a noncorporate taxpayer and your net losses from all of your trades or businesses are more than $262,000 ($524,000 for married taxpayers filing a joint return). For more information, see Schedule CA (540) specific line instructions in Part I, Section B, line 8o, and get form FTB 3461.
Loophole Closure and Small Business and Working Families Tax Relief Act of 2019 – The Tax Cuts and Jobs Act (TCJA) signed into law on December 22, 2017, made changes to the IRC. California R&TC does not conform to all of the changes. In general, for taxable years beginning on or after January 1, 2019, California conforms to the following TCJA provisions:
California Achieving a Better Life Experience (ABLE) Program
Student loan discharged on account of death or disability
Federal Deposit Insurance Corporation (FDIC) Premiums
Excess employee compensation
Excess business loss
Federal Tax Reform – In general, California R&TC does not conform to all of the changes under the TCJA. For adjustments due to the TCJA, see the specific line instructions for the following items:
Combat zone extended to Egypt’s Sinai Peninsula
Moving expenses and reimbursements
Limitation on deduction of business interest
Limitation on employer’s deduction for fringe benefit expenses
Limitation on wagering losses
Sexual harassment settlements
IRC Section 965 deferred foreign income
Global intangible low-taxed income (GILTI) under IRC Section 951A
Qualified equity grants
Expanded use of 529 account funds
Living expenses for members of Congress
Limitation on state and local tax deduction
Mortgage and home equity indebtedness interest deduction
Limitation on charitable contribution deduction
College athletic seating rights
Casualty or theft loss(es)
Miscellaneous itemized deductions
Registered Domestic Partners (RDP) – RDPs will compute their limitations based on the combined federal adjusted gross income (AGI) of each partner’s individual tax return filed with the Internal Revenue Service (IRS).
For column A, Part I and Part II, combine each line item of your federal amounts from each partner’s individual federal tax return. For more information on RDPs, get FTB Pub. 737, Tax Information for Registered Domestic Partners. The combined federal AGI used to compute limitations is different from the recalculated federal AGI used on Form 540, California Resident Income Tax Return, line 13. In situations where RDPs have no RDP adjustments, these amounts may be the same.
Military Personnel – Servicemembers domiciled outside of California, and their spouses/RDPs, may exclude the servicemember’s military compensation from gross income when computing the tax rate on nonmilitary income. Requirements for military servicemembers domiciled in California remain unchanged. Military servicemembers domiciled in California must include their military pay in total income. In addition, they must include their military pay as California source income when stationed in California. However, military pay is not California source income when a servicemember is permanently stationed outside of California. Beginning 2009, the federal Military Spouses Residency Relief Act may affect the California income tax filing requirements for spouses of military personnel. For more information, get Form 540NR, California Nonresident or Part-Year Resident Income Tax Return, and FTB Pub. 1032, Tax Information for Military Personnel.
Single Member Limited Liability Company (SMLLC) – If you are a single member limited liability company, that is organized or doing business in California, or registered with the California Secretary of State (SOS), you are required to file Form 568, Limited Liability Company Return of Income, pay the annual tax and LLC Fee (if applicable), in addition to filing your tax return. Get Form 568, Limited Liability Company Tax Booklet for more information.
(forms)(2021)(2021-540-ca-instructions)(block-5)Purpose#
Use Schedule CA (540), California Adjustments – Residents, to make adjustments to your federal adjusted gross income and to your federal itemized deductions using California law.
(forms)(2021)(2021-540-ca-instructions)(block-6)Section A, Line 1 through Line 7, and Section B, Line 1 through Line 9a#
Enter in Section A, line 1 through line 7, and Section B, line 1 through line 9a the same amounts you entered on your federal Form 1040, U.S. Individual Income Tax Return or Form 1040-SR, U.S. Tax Return for Seniors, line 1 through 7; and federal Schedule 1 (Form 1040), Additional Income and Adjustments to Income, line 1 through line 9.
(forms)(2021)(2021-540-ca-instructions)(block-7)Line 10 – Total#
Combine the amounts in Section A, line 1 through line 7, and Section B, line 1 through line 7, line 9a, and line 9b4, as applicable.
(forms)(2021)(2021-540-ca-instructions)(block-8)Section C, Line 11 through Line 18 and Line 20 through Line 25#
Enter the same amounts entered on your federal Schedule 1 (Form 1040), line 11 through line 18 and line 20 through line 25.
(forms)(2021)(2021-540-ca-instructions)(block-9)Line 19a and Line 19b#
Enter on line 19a the same amount entered on your federal Schedule 1 (Form 1040), line 19a. Enter on line 19b the social security number (SSN) or individual taxpayer identification number (ITIN) and last name of the person to whom you paid alimony.
(forms)(2021)(2021-540-ca-instructions)(block-10)Line 26#
Add line 11 through line 23 and line 25.
(forms)(2021)(2021-540-ca-instructions)(block-11)Line 27 – Total#
Subtract line 26 from line 10. This amount should match the amount entered on federal Form 1040 or 1040-SR, line 11.
(forms)(2021)(2021-540-ca-instructions)(block-12)Column B and Column C – Subtractions and Additions#
Use these columns to enter subtractions and additions to the federal amounts in column A that are necessary because of differences between California and federal law. Enter all amounts as positive numbers unless instructed otherwise.
You may need one or more of the following FTB publications to complete column B and column C:
1001, Supplemental Guidelines to California Adjustments
1005, Pension and Annuity Guidelines
1031, Guidelines for Determining Resident Status
1032, Tax Information for Military Personnel
1100, Taxation of Nonresidents and Individuals Who Change Residency
To get forms and publications, go to ftb.ca.gov/forms .
(forms)(2021)(2021-540-ca-instructions)(block-13)Line 1 – Wages, Salaries, Tips, etc.#
Generally, you will not make any adjustments on this line. If you did not receive any of the following types of income, make no entry on this line in either column B or column C.
Employer-provided dependent care assistance exclusion – The ARPA temporarily increases the amount of the exclusion from gross income from $5,000 to $10,500 (and half of that amount for married filing separate) for employer-provided dependent care assistance. California law does not conform to this federal provision. Figure the difference between the amounts allowed using federal law and California law. For California purposes, enter the difference on line 1, column C
Employees and independent contractors – Some taxpayers may be classified as independent contractors for federal purposes and as employees for California purposes. If the taxpayer is classified as an employee for California purposes, enter the amount reported as gross income of the business from federal Schedule C (Form 1040), Profit or Loss from Business, line 7, as wages on line 1, column C.
Active duty military pay – Special rules apply to active duty military taxpayers. Get FTB Pub. 1032 for more information.
Combat zone foreign earned income exclusion – For taxable years beginning on and after January 1, 2018, California does not conform to the federal foreign earned income exclusion for amounts received by certain U.S. citizens or resident aliens with an abode in the U.S., specifically contractors or employees of contractors supporting the U.S. Armed Forces in designated combat zones. Enter the amount excluded from federal income on line 8d, column C.
Combat zone extended to Egypt’s Sinai Peninsula – Federal law extended combat zone tax benefits to the Sinai Peninsula of Egypt. California does not conform. Enter the amount of combat pay excluded from federal income on line 1, column C. Get FTB Pub. 1032 for more information.
Sick pay received under the Federal Insurance Contributions Act and Railroad Retirement Act – California excludes this item from income. Enter in column B the amount of these benefits included in the amount in column A.
Ridesharing fringe benefit differences – Under federal law, certain qualified transportation benefits are excluded from gross income. Under the California R&TC, there are no monthly limits for the exclusion of these benefits and California’s definitions are more expansive. Enter the amount of ridesharing benefits received and included in federal income on line 1, column B.
Foreign income – If you excluded income exempted by U.S. tax treaties on your federal Schedule 1 (Form 1040) (unless specifically exempt for state purposes), enter the excluded amount in column C. If you claimed foreign earned income or housing cost exclusion on your federal Schedule 1 (Form 1040) (under IRC Section 911), see the instructions for Section B, line 8d.
Exclusion for compensation from exercising a California Qualified Stock Option (CQSO) – To claim this exclusion:
Your earned income is $40,000 or less from the corporation granting the CQSO.
The market value of the options granted to you must be less than $100,000.
The total number of shares must be 1,000 or less.
The corporation issuing the stock must designate that the stock issued is a CQSO at the time the option is granted.
If you included an amount qualifying for this exclusion in federal income, enter that amount on line 1, column B.
Employer health savings account (HSA) contribution – Enter the amount of any employer HSA contribution from federal Form W-2, Wage and Tax Statement, box 12, code W on line 1, column C.
Income exclusion for In-Home Supportive Services (IHSS) supplementary payments – If you are an IHSS provider who received IHSS supplementary payments that were included in federal wages, enter the IHSS supplementary payments on line 1, column B. IHSS providers only receive a supplementary payment if they paid a sales tax on the IHSS services they provide. The supplementary payment is equal to the sales tax paid plus any increase in the federal payroll withholding paid due to the supplementary payment.
Native American earned income exemption – California does not tax federally recognized tribal members living in California Indian country who earn income from any federally recognized California Indian country. Military compensation is considered income from reservation sources. Enrolled members who receive reservation sourced per capita income must reside in their affiliated tribe’s Indian country to qualify for tax exempt status. Enter on line 1, column B the earnings included in federal income that are exempt for California. Attach form FTB 3504, Enrolled Tribal Member Certification, to Form 540. For more information, get form FTB 3504.
(forms)(2021)(2021-540-ca-instructions)(block-14)Line 2 – Taxable Interest#
If you did not receive any of the kinds of income listed below, make no entry on this line in either column B or column C.
Enter in column B the interest you received from:
U.S. savings bonds (except for interest from series EE U.S. savings bonds issued after 1989 that qualified for the Education Savings Bond Program exclusion).
U.S. Treasury bills, notes, and bonds.
Any other bonds or obligations of the United States and its territories.
Interest from Ottoman Turkish Empire Settlement Payments.
Interest income from children under age 19 or students under age 24 included on the child’s federal tax return and reported on the California tax return by the parent. For more information, get form FTB 3803, Parents’ Election to Report Child’s Interest and Dividends.
Certain mutual funds pay “exempt-interest dividends.” If the mutual fund has at least 50% of its assets invested in tax-exempt U.S. obligations and/or in California or its municipal obligations, that amount of dividend is exempt from California tax. The proportion of dividends that are tax‑exempt will be shown on your annual statement or statement issued with federal Form 1099-DIV, Dividends and Distributions.
Enter in column C the interest you identified as tax-exempt interest on your federal Form 1040 or 1040-SR, line 2a, and which you received from:
The federally exempt interest dividends from other states, or their municipal obligations and/or from mutual funds that do not meet the 50% rule as previously discussed.
Non-California state bonds.
Non-California municipal bonds issued by a county, city, town, or other local government unit.
Obligations of the District of Columbia issued after December 27, 1973.
Non-California bonds if the interest was passed through to you from S corporations, trusts, partnerships, or Limited Liability Companies (LLCs).
Interest or other earnings earned from a Health Savings Account (HSA) are not treated as taxed deferred. Interest or earnings in a HSA are taxable in the year earned.
Interest on any bond or other obligation issued by the Government of American Samoa.
Interest income from children under age 19 or students under age 24 included on the parent’s federal tax return and reported on the California tax return by the child.
Make no entries in either column B or column C for interest you earned on Federal National Mortgage Association (Fannie Mae) Bonds, Government National Mortgage Association (Ginnie Mae) Bonds, and Federal Home Loan Mortgage Corporations (FHLMC) securities, or grants paid to low income individuals.
Get FTB Pub. 1001 if you received interest income from the items listed above passed through to you from S corporations, trusts, estates, partnerships, or LLCs.
(forms)(2021)(2021-540-ca-instructions)(block-15)Line 3 – Ordinary Dividends#
Generally, no difference exists between the amount of dividends reported in column A and the amount reported using California law. However, California taxes dividends derived from other states and their municipal obligations.
Add dividends received from the following and enter in column B:
Dividend income from children under age 19 or students under age 24 included on the parent’s or child’s federal tax return and reported on the California tax return by the opposite taxpayer. For more information, get form FTB 3803.
Add dividends received from the following and enter in column C:
Controlled foreign corporation (CFC) dividends in the year distributed.
Regulated investment company (RIC) capital gains in the year distributed.
Distributions of pre-1987 earnings from an S corporation.
Dividend income from children under age 19 or students under age 24 excluded on the parent’s or child’s federal tax return and reported on the California tax return by the opposite taxpayer. For more information, get form FTB 3803.
Get FTB Pub. 1001 if you received dividends from:
Non-cash patronage dividends from farmers’ cooperatives or mutual associations.
A CFC.
Distributions of pre-1987 earnings from S corporations.
Undistributed capital gains for RIC shareholders.
(forms)(2021)(2021-540-ca-instructions)(block-16)Line 4a and b – IRA Distributions#
Generally, no adjustments are made on this line. However, there may be significant differences in the taxable amount of a distribution (including a distribution from conversion of a traditional IRA to a Roth IRA), depending on when you made your contributions to the IRA. Differences also occur if your California IRA deductions were different from your federal deductions because of differences between California and federal self-employment income.
If the taxable amount using California law is:
Less than the amount taxable under federal law, enter the difference in column B.
More than the amount taxable under federal law, enter the difference in column C.
Get FTB Pub. 1005 for more information and worksheets for figuring the adjustment to enter on this line, if any.
If you have an IRA basis and were a nonresident in prior years, you may need to restate your California IRA basis. Get FTB Pub. 1100 for more information.
Coverdell Education Savings Account (ESA) formerly known as Education (ED) IRA – If column A includes a taxable distribution from an ED IRA, you may owe additional tax on that amount. Get form FTB 3805P, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts.
(forms)(2021)(2021-540-ca-instructions)(block-17)Line 5a and b – Pensions and Annuities#
Generally, no adjustments are made on this line. However, if you received Tier 2 railroad retirement benefits or partially taxable distributions from a pension plan, you may need to make the following adjustments.
If you received a federal Form RRB-1099-R, Annuities or Pensions by the Railroad Retirement Board, for railroad retirement benefits and included all or part of these benefits in taxable income in column A, enter the taxable benefit amount in column B.
If you began receiving a retirement annuity between July 1, 1986, and January 1, 1987, and elected to use the three-year rule for California purposes and the annuity rules for federal purposes, enter in column C the amount of the annuity payments you excluded for federal purposes.
You may have to pay an additional tax if you received a taxable distribution from a qualified retirement plan before reaching age 59½ and the distribution was not rolled over into another qualified plan. Get form FTB 3805P for more information.
(forms)(2021)(2021-540-ca-instructions)(block-18)Line 6 – Social Security Benefits#
California excludes U.S. social security benefits or equivalent Tier 1 railroad retirement benefits from taxable income. Enter in column B the amount of taxable U.S. social security benefits or equivalent Tier 1 railroad retirement benefits shown in column A, line 6(b).
(forms)(2021)(2021-540-ca-instructions)(block-19)Line 7 – Capital Gain or (Loss)#
Generally, no adjustments are made on this line. California taxes long and short term capital gains as regular income. No special rate for long term capital gains exists. However, the California basis of the assets listed below may be different from the federal basis due to differences between California and federal laws. If there are differences, use Schedule D (540), California Capital Gain or Loss Adjustment, to calculate the amount to enter on line 7.
Gain on sale of qualified small business stock under IRC Section 1045 and IRC Section 1202.
Basis amounts resulting from differences between California and federal law in prior years.
Gain or loss on stock and bond transactions.
Installment sale gain reported on form FTB 3805E, Installment Sale Income.
Gain on the sale of personal residence where depreciation was allowable.
Pass-through gain or loss from partnerships, fiduciaries, S corporations, or LLCs.
Capital loss carryover from your 2020 California Schedule D (540).
Capital gain from children under age 19 or students under age 24 included on the parent’s or child’s federal tax return and reported on the California tax return by the opposite taxpayer. For more information, get form FTB 3803.
Get FTB Pub. 1001 for more information about:
Disposition of S corporation stock acquired before 1987.
Capital gain exclusion for sale of principal residence by a surviving spouse.
Gain on sale or disposition of qualified assisted housing development to low-income residents or to specified entities maintaining housing for low‑income residents.
Undistributed capital gain for RIC shareholders.
Gain or loss on the sale of property inherited before January 1, 1987.
Capital loss carrybacks.
(forms)(2021)(2021-540-ca-instructions)(block-20)Line 1 – Taxable Refunds, Credits, or Offsets of State and Local Income Taxes#
California does not tax the state income tax refund. Enter in column B the amount of state tax refund entered in column A.
(forms)(2021)(2021-540-ca-instructions)(block-21)Line 2a – Alimony Received#
Under federal law (TCJA), alimony and separate maintenance payments are not includable in the income of the receiving spouse, if made under any divorce or separation agreement executed after December 31, 2018, or executed on or before December 31, 2018 and modified after that date (if the modification expressly provides that the amendments apply). California does not conform. If you received alimony not included in your federal income, enter the alimony received in column C.
If you are a nonresident alien and received alimony not included in your federal income, enter the alimony on this line in column C.
(forms)(2021)(2021-540-ca-instructions)(block-22)Line 3 – Business Income or (Loss)#
Adjustments to federal business income or loss you reported in column A generally are necessary because of the difference between California and federal law relating to depreciation methods, special credits, and accelerated write-offs. As a result, the recovery period or basis used to figure California depreciation may be different from the amount used for federal purposes.
Adjustments are figured on form FTB 3885A, Depreciation and Amortization Adjustments, and are most commonly necessary because of the following:
Before January 1, 1987 , California did not allow depreciation under the federal accelerated cost recovery system. Continue to figure California depreciation for those assets in the same manner as prior years.
On or after January 1, 1987 , California provides special credits and accelerated write-offs that affect the California basis of qualifying assets. Refer to the bulleted list below.
Use form FTB 3801, Passive Activity Loss Limitations, to figure the total adjustment for line 3 if you have:
One or more passive activities that produce a loss.
One or more passive activities that produce a loss and any nonpassive activity reported on federal Schedule C (Form 1040).
Use form FTB 3885A to figure the total adjustment for line 3 if you have:
Only nonpassive activities which produce either gains or losses (or combination of gains and losses).
Passive activities that produce gains.
Other loan forgiveness – Under federal law, the CAA, 2021, allows deductions for eligible expenses paid for with covered loan amounts. California law conforms to this federal provision, with modifications. For California purposes, if you are an ineligible entity and deducted eligible expenses for federal purposes, enter the total amount of those expenses deducted on line 3, column C.
Paycheck Protection Program loans forgiveness – Under federal law, the Consolidated Appropriations Act, 2021 allows deductions for eligible expenses paid for with covered loan amounts. California law conforms to this federal provision with modifications. For California purposes, if you are an ineligible entity and deducted eligible expenses for federal purposes, enter the total amount of those expenses deducted on line 3, column C.
Also, the ARPA expands PPP eligibility to include “additional covered nonprofit entities” which includes certain Code 501(c) nonprofit organizations and Internet-only news publishers and Internet-only periodical publishers. California law does not conform to this expansion of PPP eligibility. If you met the PPP eligibility requirements and excluded the amount from gross income for federal purposes, enter the excluded amount on line 3, column C.
Shuttered venue operator grant – Under federal law, the CAA, 2021, allows deductions for eligible expenses paid for with grant amounts. California law conforms to this federal provision with modifications. For California purposes, if you are an ineligible entity and deducted eligible expenses for federal purposes, enter the total amount of those expenses deducted on line 3, column C.
Employees and independent contractors – Some taxpayers may be classified as independent contractors for federal purposes and as employees for California purposes. If the taxpayer is classified as an employee for California purposes, enter the amount of federal business income from line 3, column A, on line 3, column B. Enter the amount of federal business loss from line 3, column A, on line 3, column C.
Commercial cannabis activity – Under federal law, deductions for business expenses of a trade or business paid or incurred during the taxable year in conducting commercial cannabis activity are disallowed. California does not conform. California allows cannabis business licensed under California Medicinal and Adult-Use Cannabis Regulation and Safety Act (CA MAUCRSA) to claim these expenses. Enter the amount of these expenses on line 3, column B.
Limitation on deduction of business interest – Under federal law, every business, regardless of its form, is generally subject to a disallowance of a deduction for net interest expense in excess of 50% of the business’s adjustable taxable income. California does not conform. Figure the difference between the amounts allowed using federal law and California law. Enter the difference on line 3, column B.
Limitation on employer’s deduction for fringe benefit expenses – Under federal law, deductions for entertainment expenses are disallowed; the current 50% limit on the deductibility of business meals is expanded to meals provided through an in-house cafeteria or otherwise on the premises of the employer; the 50% limitation does not apply to expenses for food or beverages provided by a restaurant that are paid or incurred after December 31, 2020, and before January 1, 2023; deductions for employee transportation fringe benefits (e.g., parking and mass transit) are denied; and no deduction is allowed for transportation expenses that are the equivalent of commuting for employees (e.g., between the employee’s home and the workplace), except as provided for the safety of the employee. California does not conform. Figure the difference between the amounts allowed using federal law and California law. Enter the difference on line 3, column B or column C.
Limitation on wagering losses – Under federal law, all deductions for expenses incurred in carrying out wagering transactions, and not just gambling losses, are limited to the extent of gambling winnings. California does not conform. Figure the difference between the amounts allowed using federal law and California law. Enter the difference on line 3, column B.
Sexual harassment settlements – Under federal law, no deduction is allowed for any settlement, payout, or attorney fees related to sexual harassment or sexual abuse if such payments are subject to a nondisclosure agreement. California does not conform. Enter the amount received and included in federal income on line 3, column B.
Penalty assessed by professional sports league – California does not allow a business expense deduction for any fine or penalty paid or incurred by an owner of a professional sports franchise assessed or imposed by the professional sports league that includes that franchise. If the fine or penalty was deducted for federal purposes, enter this amount on line 3, column C.
Business expense deduction disallowance – California disallows a deduction for a business expense related to a payment to the Edge College and Career Network, LLC, to a taxpayer who meets all of the following:
They are charged as a defendant in any of several specified criminal complaints as listed in R&TC Section 17275.4.
There is a final determination of their guilt with regard to a violation of any offense arising out of that criminal complaint.
There is a finding that they took the deduction unlawfully.
For more information, see R&TC Section 17275.4. Enter the amount of this deduction on line 3, column C.
Get FTB Pub. 1001 for more information about:
(forms)(2021)(2021-540-ca-instructions)(block-23)Income related to:#
Business, trade, or profession carried on within California that is an integral part of a unitary business carried on both within and outside California.
Pro-rata share of income received from a CFC by a U.S. shareholder.
(forms)(2021)(2021-540-ca-instructions)(block-24)Basis adjustments related to:#
Property acquired prior to becoming a California resident.
Sales or use tax credit for property used in a former Enterprise Zone (EZ), Local Agency Military Base Recovery Area (LAMBRA), or Targeted Tax Area (TTA).
Reduced recovery periods for fruit-bearing grapevines replaced in a California vineyard on or after January 1, 1992, as a result of phylloxera infestation; or on or after January 1, 1997, as a result of Pierce’s disease.
Expenditures for tertiary injectants.
Property placed in service on an Indian reservation after December 31, 2017, and before January 1, 2022.
Amortization of pollution control facilities.
Discharge of real property business indebtedness.
Vehicles used in an employer-sponsored ridesharing program.
An enhanced oil recovery system.
Joint Strike Fighter property costs.
The cost of making a business accessible to disabled individuals.
Property for which you received an energy conservation subsidy from a public utility on or after January 1, 1995, and before January 1, 1997.
Research and experimental expenditures.
Reduction of capitalized costs attributable to the Work Opportunity Credit.
(forms)(2021)(2021-540-ca-instructions)(block-25)Business deductions related to:#
Wages paid in a former EZ, LAMBRA, Manufacturing Enhancement Area (MEA), or TTA.
Certain employer costs for employees who are also enrolled members of Indian tribes.
Abandonment or tax recoupment fees for open-space easements and timberland preserves.
Research expense.
Employer wage expense for the Work Opportunity Credit.
Employer wage expense for the Federal Employee Retention Credit.
Pro-rata share of deductions received from a CFC by a U.S. shareholder.
Interest paid on indebtedness in connection with company-owned life insurance policies.
Premiums paid on life insurance policies, annuities, or endowment contracts issued after June 8, 1997, where the owner of the business is directly or indirectly a policy beneficiary.
Commercial Revitalization Deductions for Renewal Communities.
Small Employer Health Insurance Credit.
(forms)(2021)(2021-540-ca-instructions)(block-26)Line 4 – Other Gains or (Losses)#
Generally, no adjustments are made on this line. However, the California basis of your other assets may differ from your federal basis due to differences between California and federal law. Therefore, you may have to adjust the amount of other gains or losses. Get Schedule D-1, Sales of Business Property.
(forms)(2021)(2021-540-ca-instructions)(block-27)Line 5 – Rental Real Estate, Royalties, Partnerships, S Corporations, Trusts, etc.#
Adjustments to federal income or loss you reported in column A generally are necessary because of the difference between California and federal law relating to depreciation methods, special credits, and accelerated write-offs. As a result, the recovery period or basis used to figure California depreciation may be different from the recovery period or amount used for federal. For more information, see the instructions for column B and column C, line 3.
California law does not conform to federal law for material participation in rental real estate activities. Beginning in 1994, and for federal purposes only, rental real estate activities conducted by persons in real property business are not automatically treated as passive activities. Get form FTB 3801 for more information.
Use form FTB 3801 to figure the total adjustment for line 5 if you have:
One or more passive activities that produce a loss.
One or more passive activities that produce a loss and any nonpassive activity reported on federal Schedule E (Form 1040), Supplemental Income and Loss.
Use form FTB 3885A to figure the total adjustment for line 5 if you have:
Only nonpassive activities which produce either gains or losses (or combination of gains and losses).
Passive activities that produce gains.
LLCs that are classified as partnerships for California purposes and limited liability partnerships (LLPs) are subject to the same rules as other partnerships. LLCs report distributive items to members on Schedule K‑1 (568), Member’s Share of Income, Deductions, Credits, etc. LLPs report to partners on Schedule K-1 (565), Partner’s Share of Income, Deductions, Credits, etc.
Get FTB Pub. 1001 for more information about accumulation distributions to beneficiaries for which the trust was not required to pay California tax because the beneficiary’s interest was contingent.
(forms)(2021)(2021-540-ca-instructions)(block-28)Line 6 – Farm Income or (Loss)#
Adjustments to federal income or loss you report in column A generally are necessary because of the difference between California and federal law relating to depreciation methods, special credits, NOLs, and accelerated write‑offs. As a result, the recovery period or basis you use to figure California depreciation may be different from the amount used for federal purposes, and you may need to make an adjustment to your farm income or loss. For more information, see the instructions for column B and column C, line 3.
Use form FTB 3801 to figure the total adjustment for line 6 if you have:
One or more passive activities that produce a loss.
One or more passive activities that produce a loss and any nonpassive activity reported on federal Schedule F (Form 1040), Profit or Loss From Farming.
Use form FTB 3885A to figure the total adjustment for line 6 if you have:
Only nonpassive activities which produce either gains or losses (or combination of gains and losses).
Passive activities that produce gains.
(forms)(2021)(2021-540-ca-instructions)(block-29)Line 7 – Unemployment Compensation#
California excludes unemployment compensation from taxable income. Enter on line 7, column B the amount of unemployment compensation shown in column A.
Paid Family Leave Insurance (PFL) benefits, also known as Family Temporary Disability Insurance – Payments received from the PFL Program are reported on federal Form 1099-G, Certain Government Payments. California excludes payments received from the PFL program from taxable income. Enter on line 7, column B the amount of PFL payments shown in column A. For more information, get FTB Pub. 1001.
(forms)(2021)(2021-540-ca-instructions)(block-30)Line 8 – Other Income#
a. Federal Net Operating Loss – Enter the amount of the federal NOL included on line 8a, column A, as a positive number in column C. Get form FTB 3805V, to figure the allowable California NOL.
b. Gambling Income
California lottery winnings – California excludes California lottery winnings from taxable income. Enter in column B the amount of California lottery winnings included in the federal amount on line 8b, column A.
Make no adjustment for lottery winnings from other states. They are taxable by California. If you reduced gambling income for California lottery income, you may need to reduce the losses included in the federal itemized deductions on Part II, line 16, column A. Enter these losses on Part II, line 16, column B.
c. Cancellation of Debt
Mortgage forgiveness debt relief – California law does not conform to federal law regarding the exclusion of income from discharge of indebtedness from the disposition of your principal residence occurring after December 31, 2017. Enter the amount of discharge on line 8c, column C.
Certain employer payments of student loans – California does not conform to the federal CARES Act regarding the exclusion of student loan payments made on behalf of an employee by an employer. Enter the amount of loan payment on line 8c, column C.
d. Foreign Earned Income Exclusion from federal Form 2555
Federal foreign earned income or housing exclusion – Enter in column C the amount excluded from federal income on federal Schedule 1 (Form 1040), line 8d.
Combat zone foreign earned income exclusion – Enter the amount excluded from federal income on line 8d, column C.
e. Taxable Health Savings Account Distribution
Health savings account (HSA) distributions for unqualified medical expense – Distributions from an HSA not used for qualified medical expenses, and included in federal income, are not taxable for California purposes. Enter the distribution not used for qualified medical expenses on line 8e, column B.
Taxable Archer MSA distributions – Enter the amount of taxable Archer MSA distributions included on line 8e, column A, in column B. See instructions for line 8z for more information.
m. IRC Section 951(a) Inclusion – Under federal law, if you are a U.S. shareholder of a controlled foreign corporation, you must include IRC Section 951(a) amount in your income. California does not conform. If you included the amount as income on your federal Schedule 1 (Form 1040), enter the amount on line 8m, column B.
n. IRC Section 951A(a) Inclusion – Under federal law, if you are a U.S. shareholder of a controlled foreign corporation, you must include your GILTI in your income. California does not conform. If you included GILTI on your federal Schedule 1 (Form 1040), enter the amount on line 8n, column B.
o. IRC Section 461(l) Excess Business Loss Adjustment – For taxable years beginning after December 31, 2018, California law generally conforms to the changes under the TCJA in regard to the disallowance of excess business loss deductions of non-corporate taxpayers. For California purposes, any disallowed loss will be treated as a carryover excess business loss instead of an NOL carryover for the subsequent taxable year. Also, California does not conform to amendments under the federal CARES Act and the ARPA. See General Information for more information. Complete form FTB 3461, if you are a noncorporate taxpayer and your net losses from all of your trades or businesses are more than $262,000 ($524,000 for married taxpayers filing a joint return). Enter the amount from form FTB 3461, line 16 or line 17, whichever applies, on line 8o, column C. Attach form FTB 3461 to the tax return.
See line 8z for further instructions on how to report the excess business loss adjustment.
z. Other income
Identify the type of income reported in the space provided. If there is more than one item to report on line 8z, attach a statement that lists each item and enter the total of all individual items in column B or column C as instructed below.
Taxable Archer MSA distributions – Enter the amount of taxable Archer MSA distributions included on line 8e, column A, on line 8z, column C and write “MSA” on the space provided.
Excess business loss adjustment – Enter the amount of the federal excess business loss adjustment (ELA) included on line 8o, column A, on line 8z, column B. Write “ELA” on the space provided on line 8z.
COBRA premium assistance – The ARPA allows an exclusion from gross income for COBRA premium assistance subsidies received by eligible individuals for the COBRA coverage period beginning on April 1, 2021, and ending on September 30, 2021. California law does not conform to this federal provision. For California purposes, enter the amount excluded from federal income on line 8z, column C.
California microbusiness COVID-19 relief grant – California law allows an exclusion from gross income for grant allocations received by a taxpayer pursuant to the California Microbusiness COVID-19 Relief Program that is administered by CalOSBA. Federal law has no similar exclusion. Enter on line 8z, column B the amount of this type of income.
California venues grant – California law allows an exclusion from gross income for grant allocations received by a taxpayer pursuant to the California Venues Grant Program that is administered by the CalOSBA. Federal law has no similar exclusion. Enter on line 8z, column B the amount of this type of income.
Small Business COVID-19 Relief Grant Program – California law allows an exclusion from gross income for grant allocations received by a taxpayer pursuant to the COVID-19 Relief Grant under Executive Order No. E 20/21-182 and the California Small Business COVID-19 Relief Grant Program established by Section 12100.83 of the Government Code. If you included any amount as income for federal purposes on line 8z, column A, enter the amount on line 8z, column B.
Income exclusion for rent forgiveness – If for federal purposes gross income includes a tenant’s rent liability that is forgiven by a landlord or rent forgiveness provided through funds grantees received as a direct allocation from the Secretary of the Treasury, enter in line 8z, column B the amount of this type of income included in line 8z, column A.
IRC Section 965 deferred foreign income – If you included IRC 965 deferred foreign income on your federal Schedule 1 (Form 1040), enter the amount on line 8z, column B and write “IRC 965” on line 8z and at the top of Form 540.
Qualified equity grants – California does not conform to federal law regarding the election to defer the recognition of income attributable to qualified stock. If you elected to defer income for federal purposes, make an adjustment on line 8z, column C.
Expanded use of 529 account funds – California does not conform to federal law regarding the IRC Section 529 account funding for elementary and secondary education or to the maximum distribution amount. If the amount was excluded for federal purposes, make an adjustment on line 8z, column C.
Native American Earned Income Exemption – California does not tax federally recognized tribal members living in California Indian country who earn income from any federally recognized California Indian country. Military compensation is considered income from reservation sources. Enrolled members who receive reservation sourced per capita income must reside in their affiliated tribe’s Indian country to qualify for tax exempt status. For more information, see form FTB 3504. Enter in column B the income included in federal income that is exempt for California and write “FTB 3504” on line 8z. Attach form FTB 3504 to Form 540.
Parents’ election to report child’s interest and dividends – California conforms to federal law for elections made by parents reporting their child’s interest and dividends. Parents may elect to report their child’s income on their California income tax return by completing form FTB 3803. If you make this election, the child will not have to file a tax return.
You may report your child’s income on your California income tax return even if you do not do so on your federal income tax return. If the amount of your child’s income you are reporting on your California income tax return is different than the amount you reported on your federal income tax return, enter the difference on line 8z, column B or column C and write “FTB 3803” on line 8z. Get form FTB 3803 for more information.
Reward from a crime hotline – Enter in column B the amount of a reward authorized by a government agency received from a crime hotline established by a government agency or nonprofit organization that is included in the amount on line 8z, column A.
You may not make this adjustment if you are an employee of the hotline or someone who sponsors rewards for the hotline.
Beverage container recycling income – Enter in column B the amount of recycling income included in the amount on line 8z, column A.
Rebates or vouchers from a local water agency, energy agency, or energy supplier – California law allows an income exclusion for rebates or vouchers from a local water agency, energy agency, or energy supplier for the purchase and installation of water conservation appliances and devices. Enter in column B the amount of this type of income included in the amount on line 8z, column A.
Financial Incentive for Seismic Improvement – California law allows an income exclusion for loan forgiveness, grant, credit, rebate, voucher, or other financial incentive issued by the California Residential Mitigation Program or California Earthquake Authority to assist a residential property owner or occupant with expenses paid, or obligation incurred for earthquake loss mitigation. Enter in column B the amount of this type of income included in the amount on line 8z, column A.
Original issue discount (OID) for debt instruments issued in 1985 and 1986 – In the year of sale or other disposition, you must recognize the difference between the amount reported on your federal tax return and the amount reported for California purposes. Issuers : Enter the difference between the federal deductible amount and the California deductible amount on line 8z, column B. Holders: Enter the difference between the amount included in federal gross income and the amount included for California purposes on line 8z, column C.
Foreign income of nonresident aliens – Adjust federal income to reflect worldwide income computed under California law. Enter losses from foreign sources in column B. Enter foreign source income in column C.
Cost-share payments received by forest landowners – Enter in column B the cost-share payments received from the Department of Forestry and Fire Protection under the California Forest Improvement Act of 1978 or from the United States Department of Agriculture, Forest Service, under the Forest Stewardship Program and the Stewardship Incentives Program, pursuant to the Cooperative Forestry Assistance Act.
Coverdell ESA distributions – If you received a distribution from a Coverdell ESA, report the difference between the federal taxable amount and the California taxable amount in column B or column C.
Grants paid to low-income individuals – California excludes grants paid to low-income individuals to construct or retrofit buildings to make them more energy efficient. Federal has no similar exclusion. Enter on line 8z, column B the amount of this type of income.
California National Guard Surviving Spouse & Children Relief Act of 2004 – Death benefits received from the State of California by a surviving spouse/RDP or member-designated beneficiary of certain military personnel killed in the performance of duty are excluded from gross income. Military personnel include the California National Guard, State Military Reserve, or the Naval Militia. If you reported a death benefit on line 8z, column A, enter the death benefit amount in column B.
Ottoman Turkish Empire settlement payments – If you received settlement payments as a person persecuted by the regime that was in control of the Ottoman Turkish Empire from 1915 until 1923 your gross income does not include those excludable settlement payments, or interest, received by you, your heirs, or your estate for payments received on or after January 1, 2005. If you reported settlement payments on line 8z, column A, enter the amount of settlement payments in column B.
(forms)(2021)(2021-540-ca-instructions)(block-31)Line 9b1 – Disaster Loss Deduction from Form FTB 3805V#
If you have a California disaster loss carryover deduction and there is income in the current taxable year, enter the total amount from your 2021 form FTB 3805V, Part III, line 2 and/or line 3, column (f), as a positive number in column B.
(forms)(2021)(2021-540-ca-instructions)(block-32)NOL Attributable to a Qualified Disaster#
If you deduct a 2021 disaster loss in the 2021 taxable year and have remaining disaster loss that results in an NOL, the NOL can be carried forward. Get form FTB 3805V for more information.
(forms)(2021)(2021-540-ca-instructions)(block-33)Line 9b2 – NOL Deduction from Form FTB 3805V#
The allowable NOL carryover under California law is different from the allowable NOL carryover under federal law. If you have a California NOL carryover from prior years, enter the total allowable California NOL carryover deduction for the current year from form FTB 3805V, Part III, line 2, column (f), as a positive number in column B.
(forms)(2021)(2021-540-ca-instructions)(block-34)Line 9b3 – NOL from Forms FTB 3805Z, FTB 3807, or FTB 3809#
Enter in column B the total NOL figured on the following forms:
FTB 3805Z, Enterprise Zone Deduction and Credit Summary, line 3b
FTB 3807, Local Agency Military Base Recovery Area Deduction and Credit Summary, line 3b
FTB 3809, Targeted Tax Area Deduction and Credit Summary, line 3b
(forms)(2021)(2021-540-ca-instructions)(block-35)Line 9b4 – Student Loan Discharged Due to Closure of a For-Profit School#
California law allows an income exclusion for income that would result from the discharge of any student loan of an eligible individual. An individual is eligible for the exclusion if any of the following apply during the taxable year.
The individual is granted a discharge of any student loan because: The individual successfully asserts that the school did something wrong or failed to do something that it should have done. The individual could not complete a program of study due to the school closing.
The individual attended a Brightwood College school on or before December 5, 2018, and is granted a discharge of any student loan made in connection with attending that school, and that discharge is not covered under item 1.
The individual attended a location of The Art Institute of California and is granted a discharge of any student loan made in connection with attending that school, and that discharge is not covered under item 1.
Enter in column B the amount of this type of income if it was included on Part I, line 8c, column A, as income for federal purposes.
(forms)(2021)(2021-540-ca-instructions)(block-36)Line 10 – Total#
Add Section A, line 1 through line 7, and Section B, line 1 through line 7, line 9a and line 9b1 through line 9b4 in column B , and line 1 through line 7 and line 9a in column C. Enter the totals on line 10.
(forms)(2021)(2021-540-ca-instructions)(block-37)Section C – Adjustments to Income#
Line 11 through Line 19a and Line 20 through Line 23 and Line 25 – California law is the same as federal law with the exception of the following:
Line 11 Educator Expenses – California does not conform to federal law regarding educator expenses. Enter the amount from column A, line 11 in column B, line 11.
Line 12 Certain Business Expenses of Reservists, Performing Artists, and Fee-Basis Government Officials – If claiming a depreciation deduction as an unreimbursed employee business expense on federal Form 2106, Employee Business Expenses, you may have an adjustment in column B or column C. For more information, get FTB Pub. 1001. Federal law eliminated the $3,000 deduction for living expenses for members of Congress while away from home. California does not conform. Enter the amount of living expenses on line 12, column C.
Line 13 Health Savings Account (HSA) Deduction – Federal law allows a deduction for contributions to an HSA account. California does not conform. Transfer the amount from column A, line 13, to column B, line 13.
Line 14 Moving Expenses – California does not conform to federal law regarding the suspension of the deduction for moving expenses, except for members of the Armed Forces on active duty. Non-military and military taxpayers prepare form FTB 3913. After completing form FTB 3913, if you are a non-military taxpayer and checked the No box on line 5 of form FTB 3913, enter the amount from line 5 of form FTB 3913 on Schedule CA (540), Part I, Section A, line 1, column C. If you are a non-military taxpayer and checked the Yes box on line 5 of form FTB 3913, enter the amount from line 5 of form FTB 3913 on Schedule CA (540), Part I, line 14, column C.
Line 15 Deductible Part of Self-employment Tax – A taxpayer may be classified as an independent contractor for federal purposes and as an employee for California purposes. This deduction is not allowed to an employee. If for California purposes, the taxpayer is classified as an employee, an adjustment is needed in column B. Enter the amount from column A, line 15, in column B, line 15.
Line 17 Self-employed Health Insurance Deduction – A taxpayer may be classified as an independent contractor for federal purposes and as an employee for California purposes. This deduction is not allowed to an employee. If for California purposes, the taxpayer is classified as an employee, an adjustment is needed in column B. Enter the amount from column A, line 17, in column B, line 17. Note : A taxpayer classified as an employee for California purposes who makes an adjustment on this line may be able to claim this amount as a deduction for medical and dental expenses. For more information, see instructions for Part II, line 4.
Line 19a Alimony Paid – Under federal law (TCJA), alimony and separate maintenance payments are not deductible by the payor spouse, if made under any divorce or separation agreement executed after December 31, 2018, or executed on or before December 31, 2018, and modified after that date (if the modification expressly provides that the amendments apply). California does not conform. If you paid alimony and did not deduct it on your federal tax return, enter the alimony paid in column C. If you are a nonresident alien and did not deduct alimony on your federal tax return, enter the amount you paid in column C. Line 19b (Recipient’s SSN/Last Name) – Enter the SSN or ITIN and last name of the person to whom you paid alimony.
Line 20 – IRA Deduction 408 election – To take the election, the federal deduction is taken on line 20, column A. The election for California will be on line 20, column B or C. See Pub. 1005 for more information. IRA age – If you report an IRA deduction on line 20, column A at age 70½ or older, include that amount deducted for federal in the total you enter on line 20, column B. See Pub. 1005 for more information.
Line 21 Student Loan Interest Deduction – California conforms to federal law regarding student loan interest deduction except for a spouse/RDP of a non-California domiciled military taxpayer residing in a community property state. Use the Student Loan Interest Deduction Worksheet below to compute the amount to enter on line 21. For more information, get FTB Pub. 1032. Student Loan Interest Deduction Worksheet Enter the total amount from Schedule CA (540), line 21, column A. If the amount on line 1 is zero, STOP. You are not allowed a deduction for California Enter the total interest you paid in 2021 on qualified student loans but not more than $2,500 here Add federal Schedule 1 (Form 1040), line 21 (student loan interest deduction) to federal Form 1040 or 1040-SR, line 11 (AGI). Enter the result here Enter the amount shown below for your filing status. Single, head of household, or qualifying widow(er) – $70,000 Married/RDP filing jointly – $140,000 Is the amount on line 3 more than the amount on line 4? No . Skip lines 5 and 6, enter -0- on line 7, and go to line 8. Yes . Subtract line 4 from line 3 Divide line 5 by $15,000 ($30,000 if married/RDP filing jointly). Enter the result as a decimal (rounded to at least three places). If the result is 1.000 or more, enter 1.000 Multiply line 2 by line 6 Student loan interest deduction. Subtract line 7 from line 2. Student loan interest adjustment. If line 1 is less than line 8, enter the difference here and on Schedule CA (540), line 21, column C.
Line 22 (Reserved) – For taxable years beginning after December 31, 2020, the tuition and fees deduction was repealed.
Line 24 – Other Adjustments b. Deductible expenses related to income reported on line 8k from the rental of personal property engaged in for profit – Generally, California law conforms with federal law and no adjustment is needed. However, if differences exist, enter the difference between the federal and California amount in column B or column C. c. Nontaxable amount of the value of Olympic and Paralympic medals and USOC prize money reported on line 8l – Federal law allows an exclusion from gross income for the value of any medal awarded or prize money received from the U.S. Olympic Committee on account of competition in the Olympic Games or Paralympic Games. The exclusion does not apply to a taxpayer for any year in which the taxpayer’s adjusted gross income exceeds $1 million, or half of that amount in the case of a married individual filing a separate return. California does not conform. If you deducted the amount for federal purposes, enter that amount in column B. d. Reforestation amortization and expenses – California law allows a deduction for reforestation amortization and expenses with respect to qualified timber property located in California. Enter the amount from column A that is for non-California qualified timber property in column B. f. Contributions to IRC Section 501(c)(18)(D) pension plans – If the contribution amount for California is different than the federal amount, you will need to make an adjustment in column B or column C. For more information, get FTB Pub. 1005. g. Contributions by certain chaplains to IRC Section 403(b) plans – If the contribution amount for California is different than the federal amount, you will need to make an adjustment in column B or column C. For more information, get FTB Pub. 1005. i. Attorney fees and court costs you paid in connection with an award from the IRS for information you provided that helped the IRS detect tax law violations – California does not conform to federal law regarding the deduction of these attorney fees and court costs. Enter the amount from column A in column B. j. Housing deduction from federal Form 2555 – If you claimed the foreign housing deduction for federal purposes, enter the amount from column A in column B.
Line 26 – Add line 11 through line 23 and line 25 in column B and column C.
Line 27 – Total Subtract line 26 from line 10 in column B and column C. Also, transfer the amount from: Line 27, column B to Form 540, line 14 If column B is a negative number, transfer the amount as a positive number to Form 540, line 16. Line 27, column C to Form 540, line 16 If column C is a negative number, transfer the amount as a positive number to Form 540, line 14.
(forms)(2021)(2021-540-ca-instructions)(block-38)Part II Adjustments to Federal Itemized Deductions#
Important : If you did not itemize deductions on your federal tax return but will itemize deductions on your California tax return, first complete federal Schedule A (Form 1040), Itemized Deductions. Then check the box at the top of Schedule CA (540), Part II and complete line 1 through line 30. Attach a copy of federal Schedule A (Form 1040) to your Form 540.
(forms)(2021)(2021-540-ca-instructions)(block-39)Line 1 through Line 16#
Enter on line 1 through line 16 the same amounts you entered on your federal Schedule A (Form 1040), line 1 through line 16.
(forms)(2021)(2021-540-ca-instructions)(block-40)Column B and Column C – Subtractions and Additions#
Use these columns to enter subtractions and additions to the federal amounts in column A that are necessary because of differences between California and federal law. Enter all amounts as positive numbers unless instructed otherwise.
(forms)(2021)(2021-540-ca-instructions)(block-41)Line 1 through Line 4#
Employees and independent contractors – Taxpayers classified as independent contractors for federal purposes and classified as employees for California purposes may claim the amount of self-employed health insurance deduction for federal purposes as a medical and dental expense deduction for California purposes. Combine the amount paid for self-employed health insurance with other medical and dental expenses (as applicable). The total amount of the medical and dental expenses is subject to the 7.5% of federal AGI threshold. Enter the difference between the medical and dental expense deduction allowed for California and federal on line 4, column C.
Health Savings Account (HSA) Distributions – If you received a tax-free HSA distribution for qualified medical expenses, enter the qualified expenses paid that exceed 7.5% of federal AGI on line 4, column C.
(forms)(2021)(2021-540-ca-instructions)(block-42)Line 5a – State and Local Taxes#
California does not allow a deduction for state and local income tax (including limited partnership tax and income or franchise tax paid by corporations) and State Disability Insurance (SDI) or state and local general sales tax. Enter that amount on line 5a, column B.
Line 5e – The federal deduction for state and local tax is limited to $10,000 ($5,000 for married filing separate) for the aggregate of state and local income taxes and property taxes. California does not conform. If your deduction was limited under federal law, enter an adjustment on line 5e, column C for the amount over the federal limit.
(forms)(2021)(2021-540-ca-instructions)(block-43)Line 6 – Other Taxes#
California does not allow a deduction for foreign income taxes. Enter that amount on line 6, column B.
Federal law suspended the deduction for foreign property taxes. California does not conform. Enter the amount on line 6, column C.
Generation Skipping Transfer Tax – Tax paid on generation skipping transfers is not deductible under California law. Enter the amount of generation skipping tax included in line 6, column A on line 6, column B.
(forms)(2021)(2021-540-ca-instructions)(block-44)Line 8 – Home Mortgage Interest#
Federal law limited the mortgage interest deduction acquisition debt maximum from $1,000,000 ($500,000 for married filing separately) to $750,000 ($375,000 for married filing separately). California does not conform. If your deduction was limited under federal law, enter an adjustment on line 8, column C for the amount over the federal limit.
Federal law suspended the deduction on up to $100,000 ($50,000 for married filing separately) for interest on home equity indebtedness, unless the loan is used to buy, build, or substantially improve the taxpayer’s home that secures the loan. California does not conform. If your deduction was limited under the federal law, enter an adjustment on line 8, column C for the amount over the federal limit.
Mortgage Interest Credit – If you reduced your federal mortgage interest deduction by the amount of your mortgage interest credit (from federal Form 8396, Mortgage Interest Credit), increase your California itemized deductions by the same amount. Enter the amount of your federal mortgage interest credit on line 8, column C.
(forms)(2021)(2021-540-ca-instructions)(block-45)Line 8d – Mortgage Insurance Premiums#
California does not allow a deduction for mortgage insurance premiums. Enter the amount from column A, line 8d on column B, line 8d.
(forms)(2021)(2021-540-ca-instructions)(block-46)Line 9 – Investment Interest Expense#
Your California deduction for investment interest expense may be different from your federal deduction. Use form FTB 3526, Investment Interest Expense Deduction, to figure the amount to enter on line 9, column B or column C.
(forms)(2021)(2021-540-ca-instructions)(block-47)Line 11 – Gifts By Cash Or Check#
Qualified Charitable Contributions – Your California deduction may be different from your federal deduction. California limits the amount of your deduction to 50% of your federal adjusted gross income. Figure the difference between the amount allowed using federal law and the amount allowed using California law. Enter the difference on line 11, column B.
College Athletic Seating Rights – Federal law no longer allows a charitable deduction for amounts paid to an institution of higher education in exchange for college athletic seating rights. California does not conform. Enter the amount on line 11, column C.
College Access Tax Credit – If you deducted a charitable contribution amount for the College Access Tax Credit Fund on your federal Schedule A (Form 1040) and are claiming the College Access Tax Credit on your Form 540, enter the amount used to calculate the College Access Tax Credit on line 11, column B.
Charitable Contribution Deduction Disallowance – California disallows a charitable contribution deduction to an educational organization that is a postsecondary institution or to the Key Worldwide Foundation to a taxpayer who meets all of the following:
They are charged as a defendant in any of several specified criminal complaints as listed in R&TC Section 17275.4.
There is a final determination of their guilt with regard to a violation of any offense arising out of that criminal complaint.
There is a finding that they took the deduction unlawfully.
For more information, see R&TC Section 17275.4. Enter the amount of this deduction on line 11, column B.
(forms)(2021)(2021-540-ca-instructions)(block-48)Line 12 – Other than by cash or check#
Qualified Charitable Contributions – Your California deduction may be different from your federal deduction. California limits the amount of your deduction to 50% of your federal adjusted gross income. Figure the difference between the amount allowed using federal law and the amount allowed using California law. Enter the difference on line 12, column B.
Charitable Contribution Deduction Disallowance – California disallows a charitable contribution deduction to an educational organization that is a postsecondary institution or to the Key Worldwide Foundation to a taxpayer who meets all of the following:
They are charged as a defendant in any of several specified criminal complaints as listed in R&TC Section 17275.4.
There is a final determination of their guilt with regard to a violation of any offense arising out of that criminal complaint.
There is a finding that they took the deduction unlawfully.
For more information, see R&TC Section 17275.4. Enter the amount of this deduction on line 12, column B.
(forms)(2021)(2021-540-ca-instructions)(block-49)Line 13 – Carryover From Prior Year#
Charitable Contribution Carryover Deduction – If deducting a prior year charitable contribution carryover, and the California carryover is larger than the federal carryover, enter the additional amount on line 13, column C.
Carryover Deduction of Appreciated Stock Contributed to a Private Foundation prior to January 1, 2002 – If deducting a charitable contribution carryover of appreciated stock donated to a private operating foundation prior to January 1, 2002, and the fair market value allowed for federal purposes is larger than the basis allowed for California purposes, enter the difference on line 13, column B.
(forms)(2021)(2021-540-ca-instructions)(block-50)Line 15 – Casualty or Theft Loss(es)#
Under federal law, the personal casualty and theft loss deduction is suspended, with exception for personal casualty gains. Federal allows a deduction for personal casualty and theft loss incurred in a federally declared disaster. California does not conform.
California allows personal casualty and theft loss and disaster loss deductions. If you have personal casualty and theft loss and/or disaster loss, complete another federal Form 4684, Casualties and Thefts, using California amounts. Enter the difference between the federal and California amount in column B or column C.
(forms)(2021)(2021-540-ca-instructions)(block-51)Line 16 – Other Itemized Deductions#
Unreimbursed Impairment-Related Work Expenses – If you completed federal Form 2106, prepare a second set of forms reflecting your employee business expense using California amounts (i.e., following California law). Include your entertainment expenses, if any, on line 5 of federal Form 2106 for California purposes.
Generally, California law conforms with federal law and no adjustment is needed. However, differences occur when:
Assets (requiring depreciation) were placed in service before January 1, 1987. Figure the depreciation based on California law.
Federal employees who were on temporary duty status. California does not conform to the federal provision that expanded temporary duties to include prosecution duties, in addition to investigative duties. Therefore, travel expenses paid or incurred in connection with temporary duty status (exceeding one year), involving the prosecution (or support of the prosecution) of a federal crime, should not be included in the California amount.
Compare federal Form 2106, line 10 and the form completed using California amounts. Enter the difference between the federal and California amount in column B or column C.
Gambling Losses – California lottery losses are not deductible for California. Enter the amount of California lottery losses included in line 16, column A on line 16, column B.
Federal Estate Tax – Federal estate tax paid on income in respect of a decedent is not deductible for California. Enter the amount of federal estate tax included in line 16, column A on line 16, column B.
Claim of Right – If you had to repay an amount that you included in your income in an earlier year, because at the time you thought you had an unrestricted right to it, you may be able to deduct the amount repaid from your income for the year in which you repaid it. Or, if the amount you repaid is more than $3,000, you may take a credit against your tax for the year in which you repaid it, whichever results in the least tax.
If the amount repaid was not taxed by California, no deduction or credit is allowed.
Social security benefits are not taxable by California and the repayment would not qualify for claim of right deduction or credit. If you deducted the repayment of Social Security benefits on your federal tax return, enter the amount of the federal deduction on line 16, column B.
If you claimed a credit for the repayment on your federal tax return and are deducting the repayment for California, enter the allowable deduction on line 16, column C.
If you deducted the repayment on your federal tax return and are taking a credit for California, enter the amount of the federal deduction on line 16, column B. To help you determine whether to take a credit or deduction, see the Repayment section of federal Publication 525, Taxable and Nontaxable Income. Remember to use the California tax rate in your computations. If you choose to take the credit instead of the deduction for California, add the credit amount on line 78, the total payment line, of the Form 540. To the left of the total, write “IRC 1341” and the amount of the credit.
(forms)(2021)(2021-540-ca-instructions)(block-52)Line 19 through Line 22 – Job Expenses and Certain Miscellaneous Deductions#
Under federal law, the deduction for miscellaneous itemized deductions subject to the 2% floor is suspended. California does not conform.
(forms)(2021)(2021-540-ca-instructions)(block-53)Line 19 – Unreimbursed Employee Expenses#
Prepare federal Form 2106 reflecting your employee business expense using California amounts (i.e., following California law). Include your entertainment expenses, if any, on line 5 of federal Form 2106 for California purposes.
Enter the amount from line 10 of federal Form 2106 on line 19.
(forms)(2021)(2021-540-ca-instructions)(block-54)Line 20 – Tax Preparation Fees#
Enter the fees you paid for preparation of your tax return, including fees paid for filing your return electronically. If you paid your tax by credit or debit card, include the convenience fee you were charged on line 21 instead of this line.
(forms)(2021)(2021-540-ca-instructions)(block-55)Line 21 – Other Expenses#
Enter the total amount you paid to produce or collect taxable income and manage or protect property held for earning income.
List the type of each expense next to line 21 and enter the total of these expenses on line 21. If you are filing a paper return and you can’t fit all your expenses on the line next to line 21, attach a statement showing the type and amount of each expense.
Examples of expenses to include on line 21 are:
Certain legal and accounting fees.
Custodial fees (for example, trust account).
Casualty and theft losses of property used in performing services as an employee from federal Form 4684, line 32 and 38b, or federal Form 4797, line 18a.
Deduction for repayment of amounts under a claim of right if $3,000 or less.
Claim of Right – If you had to repay an amount that you included in your income in an earlier year, because at the time you thought you had an unrestricted right to it, you may be able to deduct the amount repaid from your income for the year in which you repaid it. If the amount you repaid is less than $3,000, the deduction is subject to the 2% AGI limit for California purposes. If you are deducting the repayment for California, enter the allowable deduction on line 21.
If the amount repaid was not taxed by California, no deduction is allowed.
(forms)(2021)(2021-540-ca-instructions)(block-56)Line 27 – Other Adjustments#
Adoption-Related Expenses – If you deducted adoption-related expenses on your federal Schedule A (Form 1040) and are claiming the adoption cost credit for the same amounts on your Form 540, enter the amount of the adoption cost credit claimed as a negative number on line 27.
Nontaxable Income Expenses – If, on federal Schedule A (Form 1040), you claim expenses related to producing income taxed under federal law but not taxed by California, enter the amount as a negative number on line 27.
You may claim expenses related to producing income taxed by California law but not taxed under federal law by entering the amount as a positive number on line 27.
State Legislator’s Travel Expenses – Under California law, deductible travel expenses for state legislators include only those incurred while away from their place of residence overnight. Figure the difference between the amount allowed using federal law and the amount allowed using California law. Enter the difference as a negative number on line 27.
Interest on Loans from Utility Companies – Taxpayers are allowed a tax deduction for interest paid or incurred on a public utility company financed loan that is used to purchase and install energy efficient equipment or products, including zone-heating products for a qualified residence located in California . Federal law has no equivalent deduction. Enter the amount as a positive number on line 27.
(forms)(2021)(2021-540-ca-instructions)(block-57)Line 29 – California Itemized Deductions#
Is the amount on Form 540, line 13 more than the amount shown below for your filing status?
Single or married/RDP filing separately: $212,288
Head of household: $318,437
Married/RDP filing jointly or qualifying widow(er): $424,581
NO : Transfer the amount from line 28 to line 29. Do not complete the Itemized Deductions Worksheet.
YES : Complete the Itemized Deductions Worksheet in the next column.
Note :
If married or an RDP and filing a separate tax return, you and your spouse/RDP must either both itemize your deductions (even if the itemized deductions of one spouse/RDP are less than the standard deduction) or both take the standard deduction.
Also, if someone else can claim you as a dependent, claim the greater of the standard deduction or your itemized deductions. See the instructions for “California Standard Deduction Worksheet for Dependents” within the Form 540 Personal Income Tax Booklet to figure your standard deduction.
(forms)(2021)(2021-540-ca-instructions)(block-58)Itemized Deductions Worksheet#
Amount from Schedule CA (540), Part II, line 28.
Add the amounts on federal Schedule A (Form 1040), line 4, line 9, and line 15 plus any gambling losses included on line 16, if applicable.
Subtract line 2 from line 1. If zero, STOP. Enter the amount from line 1 on Schedule CA (540), Part II, line 29.
Multiply line 3 by 80% (.80).
Amount from Form 540, line 13.
Enter the amount from line 29 instructions for your filing status.
Subtract line 6 from line 5. Note: If zero or less, STOP. Enter the amount from line 1 on Schedule CA (540), Part II, line 29.
Multiply line 7 by 6% (.06).
Compare line 4 and line 8. Enter the smaller amount here.
Total itemized deductions. Subtract line 9 from line 1. Enter here and on Schedule CA (540), Part II, line 29.
(forms)(2021)(2021-540-ca-instructions)(block-59)Line 30 – Amount from Line 29 or Standard Deduction#
If your filing status is Married/RDP filing separately and your spouse itemizes, enter the amount from line 29 (even if the standard deduction is larger).
(forms)(2021)(2021-540-ca-instructions)(block-60)Franchise Tax Board Privacy Notice on Collection#
Our privacy notice can be found in annual tax booklets or online. Go to ftb.ca.gov/privacy to learn about our privacy policy statement, or go to ftb.ca.gov/forms and search for 1131 to locate FTB 1131 EN-SP, Franchise Tax Board Privacy Notice on Collection. To request this notice by mail, call 800-338-0505 and enter form code 948 when instructed.
(forms)(2021)(2021-540-p)2021 Schedule P (540), Alternative Minimum Tax and Credit Limitations - Residents#
(forms)(2021)(2021-540-p)(document-1)#
7971213 Schedule P (540) 2021 Side 1 For Privacy Notice, get FTB 1131 EN-SP. TAXABLE YEAR 2021 Alternat ive Minimum Tax and Credit Limitations — Residents CALIFORNIA SCHEDULE P (540) TAXABLE YEAR 2021 A lternative Minimum Tax and Credit Limitations — Residents CALIFORNIA SCHEDULE P (540) Attach this schedule to Form 540. Part I Alternative Minimum Taxable Income (AMTI) Important: See instructions for information regarding California/federal differences. Part II Alternative Minimum Tax (AMT) 1 If you itemized deductions, go to line 2. If you did not itemize deductions, enter your standard
deduction from Form 540, line 18, and go to line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 00 2 Medical and dental expenses. Enter the smaller of federal Schedule A (Form 1040), line 4, or 2½% (.025)
of federal Form 1040 or 1040-SR, line 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 00 3 Personal property taxes and real property taxes. See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 00 4 Certain interest on a home mortgage not used to buy, build, or improve your home. See instructions . . . . . . . . . . . . . . . . . 4 00 5 Miscellaneous itemized deductions. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 00 6 Refund of personal property taxes and real property taxes. See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 00
Do not include your state income tax refund on this line. 7 Investment interest expense adjustment. See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 00 8 Post-1986 depreciation. See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 00 9 Adjusted gain or loss. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 00 10 Incentive stock options and California qualified stock options (CQSOs). See instructions . . . . . . . . . . . . . . . . . . . . . . . . 10 00 11 Passive activities adjustment. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 00 12 Beneficiaries of estates and trusts. Enter the amount from Schedule K-1 (541), line 12a. . . . . . . . . . . . . . . . . . . . . . . . . 12 00 13 Other adjustment and preferences. Enter the amount, if any, for each item, a through I, and enter the total on line 13. See instructions. a Circulation expenditures . .
| 00 b Depletion . . . . . . . . . . . . . .
| 00 c Installment sales . . . . . . . .
| 00 d Intangible drilling costs . . .
| 00 e Long-term contracts . . . . .
| 00 f Loss limitations . . . . . . . . .
| 00
13 00 14 Total Adjustments and Preferences. Combine line 1 through line 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 00 15 Enter taxable income from Form 540, line 19. See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 00 16 Net operating loss (NOL) deductions from Schedule CA (540), Part I, Section B, line 9b1, line 9b2, and line 9b3, column B.
Enter as a positive amount. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 00 17 AMTI exclusion. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 00 18 If your federal adjusted gross income (AGI) is less than the amount for your filing status (listed below), skip this line and go
to line 19. If you itemized deductions and your federal AGI is more than the amount for your filing status, see instructions.. . . 18 00
Single or married/RDP filing separately . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $212,288
Married/RDP filing jointly or qualifying widow(er) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $424,581
Head of household. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$318,437 19 Combine line 14 through line 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 00 20 Alternative minimum tax NOL deduction. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 00 21 Alternative Minimum Taxable Income. Subtract line 20 from line 19 (if married/RDP filing separately and line 21
is more than $403,348, see instructions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 00 22 Exemption Amount. (If this schedule is for a certain child under age 24, see instructions.)
If your filing status is: And line 21 is not over: Enter on line 22:
Single or head of household $292,763 $78,070
Married/RDP filing jointly or qualifying widow(er) $390,351 $104,094
22 00
Married/RDP filing separately $195,172 $52,044 }
If Part I, line 21 is more than the amount shown above for your filing status, see instructions. 23 Subtract line 22 from line 21. If zero or less, enter -0-. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 00 24 Tentative Minimum Tax. Multiply line 23 by 7.0% (.07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 00 25 Regular tax before credits from Form 540, line 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 00 26 Alternative Minimum Tax. Subtract line 25 from line 24. If zero or less, enter -0- here and on Form 540, line 61. If more
than zero, enter here and on Form 540, line 61. If you make estimated tax payments for taxable year 2022, enter amount from
line 26 on the 2022 Form 540-ES, California Estimated Tax Worksheet, line 16. (Exception: If you have carryover credit for solar
energy or commercial solar energy, first enter the result on Side 2, Part III, Section C, line 22 or 23) . . . . . . . . . . . . . . . . . 26 00 TAXABLE YEAR 2021 Alternative Minimum Tax and Credit Limitations — Residents CALIFORNIA SCHEDULE P (540) Name(s) as shown on Form 540 Your SSN or I T I N g Mining costs . . . . . . . . . . . . .
| 00 h Patron’s adjustment. . . . . . . .
| 00 i Pollution control facilities . . .
| 00 j Research and experimental . .
| 00 k Tax shelter farm activities . . .
| 00 l Related adjustments . . . . . . .
| 00 ( ) ( ) ( )
7972213 Side 2 Schedule P (540) 2021 Part III Credits that Reduce Tax Note: Be sure to attach your credit forms to Form 540. 1 Enter the amount from Form 540, line 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 _____________________ 2 Enter the tentative minimum tax from Side 1, Part II, line 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 _____________________ 00 00 Section A – Credits that reduce excess tax. (a) Credit amount (b)* Credit used this year (c) Tax balance that may be offset by credits (d) Credit carryover 3 Subtract line 2 from line 1. If zero or less enter -0- and see instructions.
This is your excess tax which may be offset by credits . . . . . . . . . . . . . . . . . . . . . . 3
11 If Part III, line 3 is zero, enter the amount from line 1. If line 3 is more than
zero, enter the total of line 2 and the last entry in column (c). . . . . . . . . . . . . . . . . 11
20 Code: 187 Other state tax credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
6 Code: ____ ____ ____ Credit Name:
6
7 Code: ____ ____ ____ Credit Name:
7
8 Code: ____ ____ ____ Credit Name:
8
9 Code: ____ ____ ____ Credit Name:
9
10 Code: 188 Credit for prior year alternative minimum tax . . . . . . . . . . . . . . . . . . . . . 10
A1 Credits that reduce excess tax and have no carryover provisions. A2 Credits that reduce excess tax and have carryover provisions. See instructions. Section B – Credits that may reduce tax below tentative minimum tax. B1 Credits that reduce net tax and have no carryover provisions. 12 Code: 170 Credit for joint custody head of household . . . . . . . . . . . . . . . . . . . . . . . 12
13 Code: 173 Credit for dependent parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 Code: 163 Credit for senior head of household . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
15 Nonrefundable renter’s credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Code: ____ ____ ____ Credit Name: 16
17 Code: ____ ____ ____ Credit Name: 17
18 Code: ____ ____ ____ Credit Name: 18
19 Code: ____ ____ ____ Credit Name: 19
B2 Credits that reduce net tax and have carryover provisions. See instructions. B3 Other state tax credit. Section C – Credits that may reduce alternative minimum tax. 21 Enter your alternative minimum tax from Side 1, Part II, line 26 . . . . . . . . . . . . . . . 21
22 Code: 180 Solar energy credit carryover from Section B2, column (d) . . . . . . . . . . 22
23 Code: 181 Commercial solar energy credit carryover from Section B2, column (d). . 23
24 Adjusted AMT. Enter the balance from line 23, column (c) here
and on Form 540, line 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
*If the taxpayer is subject to the business credit limitation, the total of the business credits in Part III, Sections A and B, column (b) cannot exceed $5,000,000. See instructions. This space reserved for 2D barcode 4 Code: 162 Prison inmate labor credit (FTB 3507) . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Code: 232 Child and dependent care expenses credit (FTB 3506) . . . . . . . . . . . . . . 5
(forms)(2021)(2021-540-p-instructions)2021 Instructions for Schedule P (540)#
(forms)(2021)(2021-540-p-instructions)(block-1)2021 Instructions for Schedule P (540) Alternative Minimum Tax and Credit Limitations — Residents Revised: 01/2024#
References in these instructions are to the Internal Revenue Code (IRC) as of January 1, 2015 , and to the California Revenue and Taxation Code (R&TC).
(forms)(2021)(2021-540-p-instructions)(block-2)What’s New#
Elective Tax for Pass-Through Entities (PTE) and Credit for Owners – For taxable years beginning on or after January 1, 2021, and before January 1, 2026, California law allows an entity taxed as a partnership or an “S” corporation to annually elect to pay an elective tax at a rate of 9.3 percent based on its qualified net income. The election shall be made on an original, timely filed return and is irrevocable for the taxable year.
The law allows a credit against the personal income tax to a taxpayer, other than a partnership, that is a partner, shareholder, or member of a qualified entity that elects to pay the elective tax, in an amount equal to 9.3 percent of the partner’s, shareholder’s, or member’s pro rata share or distributive share and guaranteed payments of qualified net income subject to the election made by the qualified entity. A disregarded business entity and its partners or members cannot claim the credit, except for a disregarded single member limited liability company (SMLLC) that is owned by an individual, fiduciary, estate, or trust subject to personal income tax. For more information, go to ftb.ca.gov and search for pte elective tax and get the following new PTE elective tax forms and instructions:
Form FTB 3893, Pass-Through Entity Elective Tax Payment Voucher
Form FTB 3804, Pass-Through Entity Elective Tax Calculation
Form FTB 3804-CR, Pass-Through Entity Elective Tax Credit
This credit can reduce regular tax below tentative minimum tax (TMT).
Homeless Hiring Tax Credit – For taxable years beginning on or after January 1, 2022, and before January 1, 2027, a Homeless Hiring Tax Credit (HHTC) will be available to a qualified taxpayer that hires individuals who are, or recently were, homeless. The amount of the tax credit will be based on the number of hours the employee works in the taxable year. Employers must obtain a certification of the individual’s homeless status from an organization that works with the homeless and must receive a tentative credit reservation for that employee. Any credits not used in the taxable year may be carried forward up to three years. For more information, go to ftb.ca.gov and search for hhtc .
Natural Heritage Preservation Credit – The Natural Heritage Preservation Credit is available for qualified contributions made on or after January 1, 2021, and no later than June 30, 2026. This credit may not be claimed for any contributions made on or after July 1, 2020, and on or before December 31, 2020. For more information, get form FTB 3503, Natural Heritage Preservation Credit.
New Donated Fresh Fruits or Vegetables Credit – The sunset date for the New Donated Fresh Fruits or Vegetables Credit is extended until taxable years beginning before January 1, 2027. For more information, get form FTB 3814, New Donated Fresh Fruits or Vegetables Credit.
Main Street Small Business Tax Credit II – For taxable year beginning on or after January 1, 2021, and before January 1, 2022, a new Main Street Small Business Tax Credit is available to a qualified small business employer that received a tentative credit reservation from the California Department of Tax and Fee Administration (CDTFA). For more information, get form FTB 3866, Main Street Small Business Tax Credits.
(forms)(2021)(2021-540-p-instructions)(block-3)General Information#
In general, for taxable years beginning on or after January 1, 2015, California law conforms to the Internal Revenue Code (IRC) as of January 1, 2015. However, there are continuing differences between California and federal law. When California conforms to federal tax law changes, we do not always adopt all of the changes made at the federal level. For more information, go to ftb.ca.gov and search for conformity . Additional information can be found in FTB Pub. 1001, Supplemental Guidelines to California Adjustments, the instructions for California Schedule CA (540), California Adjustments - Residents, or Schedule CA (540NR), California Adjustments - Nonresidents or Part-Year Residents, and the Business Entity tax booklets.
The instructions provided with California tax forms are a summary of California tax law and are only intended to aid taxpayers in preparing their state income tax returns. We include information that is most useful to the greatest number of taxpayers in the limited space available. It is not possible to include all requirements of the California Revenue and Taxation Code (R&TC) in the instructions. Taxpayers should not consider the instructions as authoritative law.
Specific differences between California and federal law are noted in the instructions under the applicable line items.
(forms)(2021)(2021-540-p-instructions)(block-4)Registered Domestic Partners (RDPs)#
Under California law, RDPs must file their California income tax returns using either the married/RDP filing jointly or married/RDP filing separately filing status. RDPs have the same legal benefits, protections, and responsibilities as married couples unless otherwise specified.
If you entered into a same sex legal union in another state, other than a marriage, and that union has been determined to be substantially equivalent to a California registered domestic partnership, you are required to file a California income tax return using either the married/RDP filing jointly or married/RDP filing separately filing status.
For purposes of California income tax, references to a spouse, husband, or wife also refer to a California RDP, unless otherwise specified. When we use the initials RDP, they refer to both a California registered domestic “partner” and a California registered domestic “partnership,” as applicable. For more information on RDPs, get FTB Pub. 737, Tax Information for Registered Domestic Partners.
(forms)(2021)(2021-540-p-instructions)(block-5)Business Credit Limitation#
For taxable years beginning on or after January 1, 2020, and before January 1, 2023, there is a $5,000,000 limitation on the application of business credits for taxpayers. The total of all business credits including the carryover of any business credit for the taxable year may not reduce the “net tax” by more than $5,000,000. Business credits should be applied against “net tax” before other credits. Business credits disallowed due to the limitation may be carried over. The carryover period for disallowed credits is extended by the number of taxable years the credit was not allowed. For more information, see the instructions for Part III, Credits That Reduce Tax .
The credit for prior year alternative minimum tax (AMT) is not subject to the credit limitation.
(forms)(2021)(2021-540-p-instructions)(block-6)Net Operating Loss Suspension#
For taxable years beginning on or after January 1, 2020, and before January 1, 2023, California has suspended the net operating loss (NOL) carryover deduction. Taxpayers may continue to compute and carryover an NOL during the suspension period. However , taxpayers with net business income or modified adjusted gross income of less than $1,000,000 or with disaster loss carryovers are not affected by the NOL suspension rules. For more information, get form FTB 3805V, Net Operating Loss (NOL) Computation and NOL and Disaster Loss Limitations – Individuals, Estates, and Trusts.
NOL Carrybacks For taxable years beginning on or after January 1, 2019, NOL carrybacks are not allowed.
(forms)(2021)(2021-540-p-instructions)(block-7)Small Business Accounting/Percentage of Completion Method#
For taxable years beginning on or after January 1, 2019, California law generally conforms to the Tax Cuts and Jobs Act’s (TCJA) definition of small businesses as taxpayers whose average annual gross receipts over three years do not exceed $25 million. These small businesses are exempt from the requirement of using the Percentage of Completion Method of accounting for any construction contract if the contract is estimated to be completed within two years from the date the contract was entered into. A taxpayer may elect to apply the provision regarding accounting for long term contracts to contracts entered into on or after January 1, 2018.
(forms)(2021)(2021-540-p-instructions)(block-8)Tax Computation for Certain Children with Investment Income#
California conforms to the provision of the Small Business and Work Opportunity Tax Act of 2007 which increased the age of children to 18 and under or a student under age 24 for elections made by parents reporting their child’s interest and dividends.
(forms)(2021)(2021-540-p-instructions)(block-9)Estimated Tax Payments#
AMT is required to be included in the computation of the estimated tax payments in order to meet a safe harbor from the underpayment of estimated tax penalty.
(forms)(2021)(2021-540-p-instructions)(block-10)A. Purpose#
California tax law gives special treatment to some items of income and allows deductions and credits for some items of expense. Many individuals who benefit from these provisions must pay at least a minimum amount of tax and/or limit the amount of their credits.
Use Schedule P (540), Alternative Minimum Tax and Credit Limitations — Residents, to determine if:
You owe AMT.
Your credits must be reduced or eliminated entirely. Your credits may be limited even if you do not owe AMT, so be sure to complete Side 1 and Side 2 of Schedule P (540).
(forms)(2021)(2021-540-p-instructions)(block-11)B. Who Must File#
Complete Schedule P (540) to see if AMT applies to you. Attach it to Form 540 only if any one of the following apply:
You owe AMT.
You have more than two credits.
You have credits that are reported in Part III, Section A1, Section A2,or Section C. See the Credit Table for a list of credits.
The total of Part I, line 7 through line 13 is negative and you would be liable for AMT without taking those lines into account.
Schedule P (540), Part I, line 21, is more than Part II, line 22, and you have one or more adjustments on Part I, line 4 or line 7 through line 13l.
(forms)(2021)(2021-540-p-instructions)(block-12)C. Record Keeping#
For AMT, certain items of income, deductions, etc., receive different tax treatment than for regular tax. Therefore, you need to refigure items for AMT that you figured for regular tax. In some cases, you may wish to do this by completing the applicable tax form a second time. If you do complete another form, do not attach it to your tax return, but keep it for your records.
For regular tax, some deductions may result in carryovers to future taxable years. Examples are investment interest expense, net operating loss, and capital loss. Because you may have to refigure these items for AMT, the carryover amount may be different for AMT than for regular tax. Although the carryovers that you figure for AMT do not affect the carryovers for regular tax, you must keep track of your AMT carryovers in order to complete your Schedule P (540) in future years.
(forms)(2021)(2021-540-p-instructions)(block-13)D. Partnerships, S Corporations, Limited Liability Companies (LLCs), Estates, or Trusts#
If you are a partner in a partnership, a shareholder of an S corporation, a member of an LLC, or a beneficiary of an estate or trust, you must include your distributive share of adjustments and tax preference items shown on your Schedule K‑1 (565), for partners; Schedule K-1 (100S), for shareholders; Schedule K-1 (568), for members of an LLC; or Schedule K-1 (541), for beneficiaries.
(forms)(2021)(2021-540-p-instructions)(block-14)E. Credit for Prior Year Alternative Minimum Tax#
If you paid AMT in a prior year, you may be able to claim the credit for prior year AMT. Get form FTB 3510, Credit for Prior Year Alternative Minimum Tax — Individuals or Fiduciaries, to see if you qualify.
The prior year AMT credit must be applied before any credits that can reduce regular tax below the TMT.
(forms)(2021)(2021-540-p-instructions)(block-15)F. Additional Information#
For more information, get federal Form 6251, Alternative Minimum Tax — Individuals.
(forms)(2021)(2021-540-p-instructions)(block-16)G. Alternative Minimum Taxable Income (AMTI) Exclusion#
A qualified taxpayer must exclude income, positive and negative adjustments, and preference items attributable to any trade or business when figuring AMTI. These adjustments and preference items must also be excluded when calculating any deductions that may result in AMT carryovers. You are a qualified taxpayer if you meet both of the following:
Own or have an ownership interest in a trade or business.
Have aggregate gross receipts (less returns and allowances) during the taxable year of less than $1,000,000 from all trades or businesses for which you are the owner or have an ownership interest. Gross receipts may include, but are not limited to, items reported on federal Schedules C, Profit or Loss from Business; D, Capital Gains and Losses; E, Supplemental Income and Loss (other than income from a trust); or F, Profit or Loss from Farming; and from federal Form 4797, Sales of Business Property (figured in accordance with California law); or California Schedule D‑1, Sales of Business Property (if required to complete it), that are associated with a trade or business. In the case of an ownership interest, you include only the proportional share of gross receipts of any trade or business from a partnership, S corporation, regulated investment company (RIC), a real estate investment trust (REIT), or real estate mortgage investment conduit (REMIC) in accordance with your ownership interest in the enterprise. Apply the $1,000,000 test to the return regardless of filing status. The threshold does not become $2,000,000 for married /RDP taxpayers filing jointly.
Aggregate gross receipts (less returns and allowances) means the sum of the gross receipts of the trades or businesses which you own and the proportionate interest of the gross receipts of the trades or businesses which you own and of pass-through entities in which you hold an interest.
Gross receipts, less returns and allowances means the sum of the gross receipts from the production of business income, as defined in R&TC Section 25120(a), and the gross receipts from the production of nonbusiness income, as defined in R&TC Section 25120(d).
Proportionate interest means:
In the case of a pass-through entity which reports a profit for the taxable year, your profit interest in the entity at the end of your taxable year.
In the case of a pass-through entity which reports a loss for the taxable year, your loss interest in the entity at the end of your taxable year.
In the case of a pass-through entity which is sold or liquidates during the taxable year, your capital account interest in the entity at the time of the sale or liquidation.
Proportionate interest includes an interest in a pass-through entity including a partnership, S corporation, RIC, REIT, or REMIC.
If you are a qualified taxpayer both of the following applies:
In Part I, do not include any positive or negative adjustments or preference items attributable to any trade or business.
In Part I, line 17, enter all taxable income attributable to any trade or business.
(forms)(2021)(2021-540-p-instructions)(block-17)Registered Domestic Partners#
RDPs compute their AMT using the same rules applicable to a married person. RDPs base their California AMT on the pro forma federal return. For more information on RDPs, get FTB Pub. 737.
(forms)(2021)(2021-540-p-instructions)(block-18)Line 2 - Medical and dental expenses#
Do not include any adjustment for differences between federal and California laws.
(forms)(2021)(2021-540-p-instructions)(block-19)Line 3 - Personal property taxes and real property taxes#
Enter on this line any of the following from Schedule CA (540), Part II, lines 5b and 5c, column A and line 6 (column A minus column B).
State and local personal property taxes
State, local, or foreign real property taxes
(forms)(2021)(2021-540-p-instructions)(block-20)Line 4 - Certain interest on a home mortgage#
Enter home mortgage interest in which the proceeds were used for purposes other than buying, building, or improving your principal residence or a qualified dwelling that is your second home (see IRC Section 163(h)(3)). This may be all or part of the amount on Schedule CA (540), Part II, line 8a, line 8b, or line 8c (column A plus column C).
Example 1 : Gregory paid $950 interest on a $12,000 home equity loan used to buy a ski boat. He would enter $950 on line 4 because the proceeds were not used to buy, build, or improve his home.
Example 2 : Jackie paid $1,200 interest on a $15,000 home equity loan to install a swimming pool at her home. She would not make any entry on line 4 because the proceeds of the loan were used to improve her home.
Exception . Do not include interest on a mortgage you took out before July 1, 1982, if it was secured by property that was your main home or a qualified dwelling used by you or a member of your family at the time you took out the mortgage.
(forms)(2021)(2021-540-p-instructions)(block-21)Line 5- Miscellaneous itemized deductions#
Enter on this line the amount from Schedule CA (540), Part II, line 25.
(forms)(2021)(2021-540-p-instructions)(block-22)Line 6 - Refund of personal property taxes and real property taxes#
Enter on this line any refund of taxes you received if all of the following apply:
The taxes are those described in line 3
The taxes are attributable to a taxable year after 1986
You deducted the taxes in a taxable year after 1986
(forms)(2021)(2021-540-p-instructions)(block-23)Line 7 - Investment interest expense adjustment#
Enter on this line any investment interest expense adjustment. If you completed form FTB 3526, Investment Interest Expense Deduction, refigure your investment interest expense using a second form FTB 3526. Complete line 1 through line 8. Follow form FTB 3526 instructions for line 1 through line 8, except for the following:
When completing line 1, include any interest expense from Schedule P (540), Part I, line 4, that was paid or accrued on indebtedness attributable to property held for investment within the meaning of IRC Section 163(d)(5). An example is interest on a home equity loan from which the proceeds were invested in stocks or bonds. This interest might be deductible as home mortgage interest for regular tax, but not for AMT.
When entering your 2020 disallowed investment interest expense on line 2, use your 2020 AMT disallowed investment interest expense.
When completing lines 4 a-c, refigure your gross investment income, any net gain from the disposition of property held for investment, and any investment expenses by taking into account all of your AMT adjustments and preferences that apply.
Your adjustment is the difference between your AMT form FTB 3526, line 8, and your regular tax form FTB 3526, line 8. If the amount figured for AMT is more than the amount figured for regular tax, enter the adjustment as a negative amount.
If you did not itemize deductions and had investment interest expense, do not enter an adjustment. However, if you reported investment interest expense on federal Schedule E, follow the instructions above for completing form FTB 3526.
(forms)(2021)(2021-540-p-instructions)(block-24)Line 8 - Post-1986 Depreciation#
If you filed federal Schedules C, E, or F and have tangible property which you began depreciating after 1986, you must use the Alternative Depreciation System (ADS) to calculate AMT depreciation as follows:
(forms)(2021)(2021-540-p-instructions)(block-25)Property placed in service before 1999#
For property placed in service before 1999, refigure the AMT depreciation using the ADS, with the same convention used for the regular tax. See the table in the next column for the method and recovery period to use.
IF the property is THEN use the IRC Section 1250(c) property Straight-line method over 40 years. Tangible property (other than IRC Section 1250(c) property) depreciated using straight-line for regular tax Straight-line method over the property’s AMT class life. Any other tangible property 150% declining balance method, switching to straight-line the first tax year gives a larger deduction over the property’s AMT class life.
Get federal Publication 946, How to Depreciate Property, for more information on AMT class life.
(forms)(2021)(2021-540-p-instructions)(block-26)Property placed in service after 1998#
For property placed in service after 1998, no adjustment is necessary if the property is IRC Section 1250(c) property or tangible property (other than IRC Section 1250(c) property) depreciated using the straight-line method or 150% declining balance method for regular tax. For any other tangible property, use the 150% declining balance method, switching to the straight-line method the first tax year that it provides a larger deduction. Use the same convention and recovery period used for regular tax.
Get federal Publication 946 or refer to IRC Section 168(g) for more information on the ADS method.
Grapevines replanted as a result of phylloxera infestation or Pierce’s Disease that are depreciated over 5 years for regular tax must be depreciated over 10 years for AMT.
Partners, S corporation shareholders, and LLC members : Enter the amount shown on the Schedule K-1 (565, 100S, or 568) issued by your partnership, S corporation, or LLC.
Enter on line 8 the difference between depreciation for regular tax and depreciation for AMT. Do not include depreciation from the following:
Expenses you incurred as an employee and deducted on federal Schedule A (Form 1040), Itemized Deductions.
An activity for which you are not at risk.
Amounts received from a partnership or S corporation, if the basis limitations under IRC Section 704(c) or IRC Section 1366(d) apply.
A passive activity.
A tax shelter farm activity.
Instead, include these types of depreciation when you figure adjustments for line 5, line 11, line 13f, line 13j, or line 13k, whichever applies.
If the AMT depreciation is more than the regular tax depreciation, enter the difference on line 8 as a negative amount.
(forms)(2021)(2021-540-p-instructions)(block-27)Line 9 - Adjusted gain or loss#
You will have an entry on this line only if you reported a gain or loss on California Schedule D (540), California Capital Gain or Loss Adjustment, or Schedule D-1, federal Schedule D, federal Form 4797, or federal Form 4684, Casualties and Theft, for income producing property that has a different basis for AMT than for regular tax. Generally, if you reported a gain or loss from the sale or exchange of mutual funds, stocks, or bonds, you will not have an entry on this line.
To figure the amount to enter on this line:
Step 1 - Refigure the adjusted basis of the asset sold. Take into account any AMT adjustments you made this year or in previous years for depreciation, incentive stock options, circulation expenditures, pollution control facilities, research and experimental expenditures, and mining costs.
Step 2 - Refigure your gain or loss using the adjusted basis from Step 1.
Step 3 - Figure the difference between the AMT gain or loss and the regular tax gain or loss and enter the result on line 9. Enter the difference as a negative amount if: the AMT gain is less than the regular tax gain; the AMT loss is more than the regular tax loss; or you have an AMT loss and a regular tax gain.
Line 10 - Incentive stock options and California qualified stock options Incentive stock options (ISOs). For regular tax, no income is recognized when an ISO, as defined in IRC Section 422(b), is granted or exercised. However, this rule does not apply for AMT. Instead, you must generally include on line 10 the excess of:
The fair market value (FMV) of the stock acquired through the exercise of the option (determined without regard to any lapse restriction) when your rights in the stock first become transferable, or when these rights are no longer subject to a substantial risk of forfeiture, over
The amount you paid for the stock.
Increase your AMT basis of any stock acquired through the exercise of an ISO by the amount of the AMT adjustment. If you acquired stock by exercising an ISO and you disposed of that stock in the same year, the tax treatment under regular tax and AMT is the same (no adjustment is required).
California qualified stock options (CQSOs) . Under R&TC Section 17502, Section 17502, taxpayers whose earned income from the corporation granting the CQSO was $40,000 or less may exclude compensation arising from the exercise of a CQSO from regular tax income. The amount of compensation excluded for regular tax must be included for AMT on this line.
(forms)(2021)(2021-540-p-instructions)(block-28)Line 11 - Passive activities adjustment#
You may want to complete a second form FTB 3801, Passive Activity Loss Limitations, and the other forms or schedules on which your passive activities are reported to figure this adjustment. You may enter the following types of adjustments on this line:
Regular passive activities . Refigure your passive activity gains and losses for AMT by taking into account all AMT adjustments and preferences and AMT prior year unallowed losses that apply to the passive activity. The adjustment is the difference between your AMT passive activity income or loss (from activities reported on federal Schedules C, E, F, or federal Form 4835, Farm Rental Income and Expenses) and income or loss from these activities for regular tax.
Publicly traded partnership (PTP) . If you had losses from a PTP, you will have to refigure the losses using any AMT adjustments, preferences, and any AMT prior year unallowed losses.
Tax shelter passive farm activities . Refigure any gain or loss from a tax shelter passive farm activity. Take into account all AMT adjustments, preferences, and AMT prior year unallowed losses. If the amount is a gain, include it on your AMT form FTB 3801. Do not include a tax shelter passive farm activity loss on your AMT form FTB 3801. Instead, carry the loss forward to offset against future tax shelter passive farm activities.
Insolvency . If, at the end of the taxable year, your liabilities exceed the FMV of your assets, increase your passive activity loss allowed by that excess but not by more than your total loss. See IRC Section 58(c)(1).
(forms)(2021)(2021-540-p-instructions)(block-29)Line 13 - Other adjustments and preferences#
Enter the amount of any other adjustments or preferences that apply to you on line 13a through line 13l. Enter the total on line 13.
(forms)(2021)(2021-540-p-instructions)(block-30)Line 13a - Circulation expenditures#
If you elected the optional 3-year write-off period for circulation expenditures under IRC Section 59(e), skip this line.
For regular tax, IRC Section 173 allows you to deduct the full amount of circulation expenditures in the taxable year you paid or incurred them. For AMT, you must amortize these expenditures over three years beginning with the year you paid or incurred the expenditures. Enter the difference between your AMT deduction and your regular tax deduction. If your AMT deduction is more than your regular tax deduction, enter your adjustment as a negative amount.
See IRC Section 56(b)(2) for a special rule that applies to losses related to circulation expenditures.
(forms)(2021)(2021-540-p-instructions)(block-31)Line 13b - Depletion#
For AMT, if the depletion deduction for mines, wells, and other natural deposits determined under IRC Section 611 exceeds the adjusted basis of the property at the end of your taxable year, you have a depletion preference adjustment.
California conformed in 1993 to the federal repeal of the AMT depletion adjustment for independent oil and gas producers and royalty owners. Get the instructions for federal Form 6251 for more information. However, your California depletion costs may continue to be different from the federal amounts because of prior differences in law and different bases.
To figure your adjusted basis, use the rules in IRC Section 1016, but do not reduce the adjusted basis by current-year depletion. Figure the excess amount separately for each property. Enter on this line only the depletion amount that exceeds your adjusted basis.
(forms)(2021)(2021-540-p-instructions)(block-32)Line 13c - Installment sales#
If, for regular tax purposes, you used the installment method to report a non-dealer disposition of property that occurred after August 16, 1986, but before January 1, 1990, and if the obligation that arose from the disposition was an installment obligation to which the proportionate disallowance rule applied, refigure your income for AMT purposes without regard to the installment method.
Enter the difference between your AMT and regular tax income on this line. If the AMT income is smaller, enter the difference as a negative amount.
Qualified small business stock (QSBS) exclusion (R&TC Section 18152.5). For taxable years beginning on or after January 1, 2008, and before January 1, 2013, taxpayers were allowed to exclude 50% of the gain from the sale or exchange of their qualified small business stock held for more than five years. If you received installment sale payments in the current year for sales of QSBS made before January 1, 2013, and you excluded the gain as allowed under R&TC Section 18152.5, multiply the excluded amount by 50% and enter it on this line as a positive amount.
(forms)(2021)(2021-540-p-instructions)(block-33)Line 13d – Intangible drilling costs (IDCs)#
If you elected the optional 60-month write-off under IRC Section 59(e) for regular tax for all property in this category, skip this line.
IDCs from oil, gas, and geothermal wells are preferences to the extent that the excess IDCs exceed 65% of the net income from the wells. Figure the preference for oil and gas properties separate from geothermal properties. To figure excess IDCs:
Figure the amount of your IDCs allowed for regular tax under IRC Section 263(c). Do not include any deduction for nonproductive wells. Then refigure your IDCs allowed for AMT by amortizing them over 120 months, starting with the month you placed the well in production. Then subtract your AMT IDCs from your regular tax IDCs to get your excess IDCs. You may elect to use any other method that is allowed in determining cost depletion.
Figure net income by reducing the gross income from all oil, gas, and geothermal wells that you received or accrued during the taxable year by any deductions allocable to these properties (reduced by the excess IDCs). Use only income and deductions allowed for AMT.
Multiply the net income by 65% (.65). Subtract the result from the excess IDCs figured in A. This is your excess IDCs that you enter on this line.
Exception . The preference for IDCs from oil and gas wells does not apply to taxpayers who are independent producers, i.e., not integrated oil companies as defined in IRC Section 291(b)(4). However, this benefit may be limited. First, figure the IDC preference as if this exception did not apply. Then, for purposes of this exception, complete Schedule P (540) through line 19, including the IDC preference. If the amount of the IDC preference exceeds 40% of the amount figured for line 19, enter the excess on line 13d (the benefit of this exception is limited). If the amount of the IDC preference is equal to or less than 40% of the amount figured for line 19, do not enter an amount on line 13d (the benefit of this exception is not limited).
(forms)(2021)(2021-540-p-instructions)(block-34)Line 13e – Long-term contracts#
For regular tax, you may have figured taxable income from a long-term contract (entered into after February 28, 1986) using the completed-contract method or another method.
For AMT, use the percentage-of-completion method described in IRC Section 460(b) to determine your taxable income from any long‑term contract, defined in IRC Section 460(f), you entered into after February 28, 1986. However, this rule does not apply to: 1) any home construction contract, as defined in IRC Section 460(e)(5), you entered into after June 20, 1988, and before 1991, if you meet the 2-year estimated completion requirement of IRC Section 460(e)(1)(B)(i) and the $10-million ceiling on average annual gross receipts requirement of IRC Section 460(e)(1)(B)(ii), or 2) any home construction contract entered into after 1990.
In the case of a contract described in IRC Section 460(e)(1), use the simplified procedures for allocating costs outlined in IRC Section 460(b)(3) to determine the percentage of completion.
Enter on line 13e the difference between the income you reported for regular tax and the income you recomputed for AMT. If the income for AMT is less than the income for regular tax, enter the difference as a negative amount.
(forms)(2021)(2021-540-p-instructions)(block-35)Line 13f – Loss limitations#
If you include AMT adjustments or preferences on this line, do not include them on any other line of this schedule. Do not include any passive activities on this line. Instead, use line 11. Also use line 11 for passive tax shelter farm activities. Use line 13k for nonpassive tax shelter farm activities.
For AMT, refigure certain limited losses using your AMT adjustments and preferences. Refigure your gains and losses from activities for which you are not at risk. Also, refigure your basis limitations that apply to partnerships and S corporations. Refer to IRC Sections 59(h), 465, 704(d), and 1366(d).
Enter on this line the difference between AMT limited losses (from activities reported on federal Schedules C, E, F, or federal Form 4835) and your regular tax limited losses from these activities.
(forms)(2021)(2021-540-p-instructions)(block-36)Line 13g – Mining costs#
If you elected the optional 10-year write-off under IRC Section 59(e) for regular tax, skip this line. For AMT, you must capitalize your mining exploration and development costs and amortize them over 10 years beginning with the taxable year you paid or incurred the expenditures. Enter the difference between your AMT mining amortization and your regular tax mining deduction. If your AMT mining amortization is more than your regular tax mining deduction, enter your adjustment as a negative amount.
See IRC Section 56(a)(2)(B) for special rules that apply to losses related to mining property.
(forms)(2021)(2021-540-p-instructions)(block-37)Line 13h – Patron’s adjustment#
Distributions you received from a cooperative may be includible in income. Unless the distributions are nontaxable, enter on line 13h the total AMT patronage dividend and per-unit retain allocation adjustment reported to you by the cooperative.
(forms)(2021)(2021-540-p-instructions)(block-38)Line 13i – Pollution control facilities#
For regular tax, you may elect to amortize the basis of a certified pollution control facility over 60 months. For facilities placed in service before 1999, the AMT deduction is figured using the alternative depreciation system (ADS) described in IRC Section 168(g). Use the federal Class Life Asset Depreciation Range System (ADR) under the straight-line method. For facilities placed in service after 1998, the AMT deduction is figured under the modified accelerated cost recovery system (MACRS) using the straight-line method. Enter the difference between your AMT pollution control facilities depreciation and your regular tax pollution control facilities amortization. If your AMT pollution control facilities depreciation is more than your regular tax pollution control facilities amortization, enter the adjustment as a negative amount.
(forms)(2021)(2021-540-p-instructions)(block-39)Line 13j – Research and experimental costs#
Do not make this adjustment for costs paid or incurred in connection with an activity in which you materially participated under the passive activity rules or for costs for which you elected the optional 10-year write-off under IRC Section 59(e) for the regular tax. If you elected the optional 10-year write-off period for research and experimental expenditures under IRC Section 59(e) for regular tax, skip this line.
For regular tax, IRC Section 174(a) allows you to deduct your research and experimental expenditures in the taxable year you paid or incurred them. If you deducted them in the year incurred, amortize these expenditures over 10 years for AMT. Enter the difference between your AMT deduction and your regular tax deduction. If your AMT deduction is more than your regular tax deduction, enter your adjustment as a negative amount.
See IRC Section 56(b)(2)(B) for special rules that apply to losses related to circulation, research, or experimental expenditures.
(forms)(2021)(2021-540-p-instructions)(block-40)Line 13k – Tax shelter farm activities#
If you include AMT adjustments or preferences on this line, do not include them on any other line of this schedule.
Complete this line only if you have a gain or loss from a tax shelter farm activity, as defined in IRC Section 58(a)(2), that is not a passive activity. If the tax shelter farm activity is a passive activity, include it with your other passive activities on line 11.
Refigure all gains and losses you reported for regular tax from tax shelter farm activities using your AMT adjustments and preferences. Figure your tax shelter farm activity gain or loss for AMT using the same rules you used for regular tax except for the following:
Do not take any refigured loss unless you are insolvent. See IRC Section 58(c)(1).
Do not offset gains from other tax shelter farm activities with your refigured loss.
Suspend and carryover your loss to future taxable years until one of the following apply:
Have a gain in a future taxable year from that same activity.
Dispose of the activity.
Enter on this line the difference between the amount that was reported for regular tax for the activity on federal Schedule E or federal Form 4835 and the amount that would be reported for the activity for AMT.
(forms)(2021)(2021-540-p-instructions)(block-41)Line 13l – Related adjustments#
If you have an entry on one of the following lines:
Line 7 (if you deducted investment interest on federal Schedule E)
Line 8 through line 11
Line 13a through line 13k
Refigure the following items. These items are limited based on income (other than a limit based on federal AGI or federal modified AGI) using your AMT income:
IRC Section 179 expense.
Taxable IRA distribution (if prior year IRA deductions were different for AMT and regular tax).
Expenses for business or rental use of your home.
Conservation expenses.
Self-employed health insurance deduction.
Keogh retirement plan or self-employed SEP or SIMPLE deduction.
IRA deductions affected by the earned income limitation of IRC Section 219(b)(1)(B).
Figure the difference between AMT and regular tax amount for each item. Combine the amounts for all your related adjustments and enter the total on line 13l. Keep a copy of all computations for your records, including any AMT carryover and basis amounts.
(forms)(2021)(2021-540-p-instructions)(block-42)Line 15 – Taxable income#
Enter on this line the amount from Form 540, line 19. If Form 540, line 19 is zero, subtract Form 540, line 18 from Form 540, line 17 and enter the result as a negative amount.
(forms)(2021)(2021-540-p-instructions)(block-43)Line 17 – AMTI exclusion#
Qualified taxpayers must exclude income from any trade or business when figuring AMTI. If you are a qualified taxpayer, see General Information G, Alternative Minimum Taxable Income (AMTI) Exclusion, and enter your taxable trade or business income on line 17. If zero or less, enter -0-.
(forms)(2021)(2021-540-p-instructions)(block-44)Line 18 – Itemized deductions limitation#
If you itemized deductions for California purposes and your federal AGI is more than the amount shown on line 18, your California itemized deductions were limited for regular tax. For AMT, this limitation does not apply. Enter the amount from line 9 of the Itemized Deductions Worksheet in the instructions for Schedule CA (540), Part II, line 29.
(forms)(2021)(2021-540-p-instructions)(block-45)Line 20 – AMT net operating loss (NOL) deduction#
For taxable years beginning on or after January 1, 2020, and before January 1, 2023, California has suspended the NOL carryover deduction. Taxpayers may continue to compute and carryover an NOL during the suspension period. However , taxpayers with net business income or modified adjusted gross income of less than $1,000,000 or with disaster loss carryovers are not affected by the NOL suspension rules. For more information, get form FTB 3805V.
If you are carrying over an NOL from a prior year, refigure your NOL deduction for AMT purposes as follows:
(forms)(2021)(2021-540-p-instructions)(block-46)Step 1 - AMT NOL for prior year:#
For the year the loss was incurred, complete another form FTB 3805V; FTB 3805Z, Enterprise Zone Deduction and Credit Summary; FTB 3807, Local Agency Military Based Recovery Area Deduction and Credit Summary; or FTB 3809, Targeted Tax Area Deduction and Credit Summary, using your AMT income and expense amounts rather than the regular tax amounts.
(forms)(2021)(2021-540-p-instructions)(block-47)Step 2 - AMT NOL carryover to the current year:#
If you incurred the NOL in 2020, the amount of the carryover is the amount figured in Step 1. Otherwise, the amount of the carryover is the amount from Step 1 minus the amounts used for AMT purposes in all preceding carryover years.
(forms)(2021)(2021-540-p-instructions)(block-48)Step 3 - AMT NOL deduction for the current year:#
Enter on line 20 the lesser of the NOL carryover from Step 2 or 90% of the amount on line 19.
(forms)(2021)(2021-540-p-instructions)(block-49)Line 21 – Alternative minimum taxable income (AMTI)#
Married/RDP taxpayers filing separate returns complete the following worksheet if line 21 is more than $403,348.
Enter the amount from Schedule P (540), Part I, line 21.
Maximum exemption amount $403,348.
Subtract line 2 from line 1.
Multiply line 3 by 25% (.25).
Enter the smaller of line 4 or $52,044.
Add line 1 and line 5. Enter the result here and replace the amount on Schedule P (540), Part I, line 21, with this amount.
(forms)(2021)(2021-540-p-instructions)(block-50)Line 22 – Exemption amount#
If line 21 is more than the amount shown for your filing status in the middle column of the chart on line 22, complete the Exemption Worksheet to figure the amount to enter on line 22.
(forms)(2021)(2021-540-p-instructions)(block-51)Certain Children Under Age 24#
Your exemption amount is limited to the amount of your earned income plus $7,850 if condition 1, 2, or 3 below applies to you.
You were under age 18 at the end of 2021.
You were age 18 at the end of 2021 and did not have earned income that was more than half of your support.
You were a full-time student over age 18 and under age 24 at the end of 2021 and did not have earned income that was more than half of your support.
If condition 1, 2, or 3 applies to you, complete the Exemption Worksheet, including lines 7 through 10, to figure the amount to enter on line 22.
Do not complete this worksheet if the child filed a joint tax return for 2021 or if both parents were deceased at the end of 2021.
Certain January 1 Birthdays . If you were born on January 1, 2004, you are considered to be age 18 at the end of 2021. Your exemption amount is limited only if you did not have earned income that was more than half of your support.
If you were born on January 1, 2003, you are considered to be age 19 at the end of 2021. Your exemption amount is limited only if you were a full-time student who did not have earned income that was more than half of your support.
If you were born on January 1, 1998, you are considered to be age 24 at the end of 2021. Your exemption amount is not limited.
(forms)(2021)(2021-540-p-instructions)(block-52)Exemption Worksheet#
If line 21 (AMTI) is equal to or more than $605,043 if single or head of household; $806,727 if married/RDP filing jointly or qualifying widow(er); $403,348 if married/RDP filing separately, your exemption amount is zero. Do not complete this worksheet; instead, enter -0- on line 22.
Enter $78,070 if single or head of household; $104,094 if married/RDP filing jointly or qualifying widow(er); $52,044 if married/RDP filing separately
Enter your AMTI from Schedule P (540), Part I, line 21
Enter $292,763 if single or head of household; $390,351 if married/RDP filing jointly or qualifying widow(er); $195,172 if married/RDP filing separately
Subtract line 3 from line 2. If zero or less, enter -0-
Multiply line 4 by 25% (.25)
Subtract line 5 from line 1. If zero or less, enter -0-. If any of the three conditions under “Certain Children Under Age 24” apply to you, go to line 7. Otherwise, enter this amount on Schedule P (540), Part II, line 22 and complete Schedule P (540)
Minimum exemption amount for certain children under age 24 $7,850.
Enter your earned income, if any.
Add line 7 and line 8.
Enter the smaller of line 6 or line 9 here and on Schedule P (540), Part II, line 22
(forms)(2021)(2021-540-p-instructions)(block-53)Line 23#
If line 23 is zero or less, enter -0- on line 23 and line 24. Go to line 25.
(forms)(2021)(2021-540-p-instructions)(block-54)Part III Credits That Reduce Tax#
Business Credit Limitation - For taxable years beginning on or after January 1, 2020, and before January 1, 2023, there is a $5,000,000 limitation on the application of business credits for taxpayers. The total of all business credits including the carryover of any business credit for the taxable year may not reduce the “net tax” by more than $5,000,000.
The credit for prior year AMT is not subject to the credit limitation.
(forms)(2021)(2021-540-p-instructions)(block-55)How to compute the limitation#
The limitation only applies to business credits and does not apply to the following credits:
Earned income tax credit
Young child tax credit
Credit for household and dependent care
Credit for adoption costs
Renter’s tax credit
Personal exemption credit
Credit for qualified joint custody head of household and a qualified taxpayer with a dependent parent
Credit for qualified senior head of household
Credit for low-income housing
Excess contributions of unemployment compensation
The credits listed on the previous page are required to be applied after any business credits are applied.
Business credits disallowed due to the limitation may be carried over. The carryover period for disallowed credits is extended by the number of taxable years the credit was not allowed.
Taxpayers are required to keep track of the disallowed business credits on a worksheet and provide it to the Franchise Tax Board upon request.
(forms)(2021)(2021-540-p-instructions)(block-56)Use Part III to determine the following:#
Amount of credit that may be used to offset tax.
Tax that may be offset.
Amount of credit, if any, that may be carried over to future years.
Order in which to claim credits, if you have more than one credit to claim.
(forms)(2021)(2021-540-p-instructions)(block-57)Before you begin Part III:#
Complete Form 540 through line 35.
Figure the amount of your credits using the credit form or worksheet identified on the Credit Table . Attach the credit form to your Form 540, if applicable.
(forms)(2021)(2021-540-p-instructions)(block-58)To complete Part III:#
Complete line 1 through line 3 to figure the amount of excess tax you may offset by credits.
Identify which sections of Part III you may use to take your tax credits. Credits without carryover provisions are listed on Schedule P (540) in Section A1, Section B1, and Section B3 and may be taken only in these sections. See the Credit Table for a list of credits. This table identifies the sections of Part III in which you may take these credits.
If you have credits in Section B, complete line 11 in addition to the lines for your credits.
Enter the credit code and the credit name in the space provided. See the Credit Table for the credit code. Do not enter the same credit code or name on more than one line within a section.
Complete column (a) through column (d) for each line on which you are taking a credit. See “ Column Instructions .”
If your credits are taken in more than one section, complete each section before going to the next section.
Once you complete Part III, see “ How to Claim Your Credits .”
(forms)(2021)(2021-540-p-instructions)(block-59)Section A Instructions#
Line 3 – Subtract line 2 from line 1. If the amount is zero or less than zero, go to question 1. If the amount is more than zero, go to Section A1 Instructions.
Does the Credit Table show that you may take your credit ONLY in Section A1 or Section A2? Yes You may not take the credit this year. Go to question 2. No Go to Section B to figure the amount of credit you may take this year. Then go to Section C if the Credit Table shows that you may also take your credit in Section C.
Does the credit have carryover provisions? Yes Enter the credit code, credit name, and credit amount in column (a) of the section indicated by the table. Enter -0- in column (b). Enter the credit amount in column (d). This is the amount of the credit you may carry over and use in future years. No You may not take the credit this year or in future years.
The prior year AMT credit must be applied before any credits that can reduce regular tax below the TMT.
(forms)(2021)(2021-540-p-instructions)(block-60)Section A1 Instructions#
Line 4 and Line 5 – If you have any of the credits listed in this section, complete column (a) through column (c) for each credit in the order listed.
For taxable years beginning on or after January 1, 2020, and before January 1, 2023, if you did not claim all or a portion of the Prison Inmate Labor credit due to the $5,000,000 business credit limitation, only the disallowed portion of the credit may be carried over by the number of taxable years the credit is not allowed.
(forms)(2021)(2021-540-p-instructions)(block-61)Section A2 Instructions#
Line 6 through Line 10 – Follow the Credit Table Instructions to find out in which section to claim your credit. Then complete column (a) through column (d) for each credit in each section before going to the next section.
(forms)(2021)(2021-540-p-instructions)(block-62)Section B1 Instructions#
Line 12 through Line 15 – If you have any of the credits listed in this section, complete column (a) through column (c) for each credit in the order listed.
(forms)(2021)(2021-540-p-instructions)(block-63)Section B2 Instructions#
Line 16 through Line 19 – Follow the Credit Table Instructions to find out in which section to claim your credit. Then complete column (a) through column (d) for each credit in each section before going to the next section.
Generally it is to your advantage to apply credits with limited carryovers before credits with no limitation on carryover. However, you may apply credits with no limitation on carryover first, if that is to your advantage.
(forms)(2021)(2021-540-p-instructions)(block-64)Section B3 Instructions#
Line 20 – If you have Other State Tax Credit, complete column (a) through column (c). Get California Schedule S, Other State Tax Credit, for more information.
(forms)(2021)(2021-540-p-instructions)(block-65)Section C Instructions#
Line 22 and Line 23 – If you have any of the credits listed in this section, complete column (a) through column (d) for each credit in the order listed.
(forms)(2021)(2021-540-p-instructions)(block-66)Column Instructions#
In column:
(a)Enter the amount of credit available to offset tax. (b)Figure the amount of credit you are able to use this year by entering the smaller of the amount in column (a) or the amount in column (c) from the previous line. (c)Figure the amount of tax remaining to be offset by other credits by subtracting the amount in column (b) from the balance in column (c) of the previous line. (d)Enter the amount of credit carryover available to use in future years by subtracting the amount in column (b) from the amount in column (a).
(forms)(2021)(2021-540-p-instructions)(block-67)How to Claim your Credits#
Claim your credits by transferring them to Form 540 as follows:
Line 5 Nonrefundable Child and Dependent Care Expenses Credit – Enter the total amount of the credit from column (b), Section A1 on Form 540, line 40.
Line 15 Nonrefundable Renter’s Credit – Enter the total amount of nonrefundable renter’s credit from column (b), Section B1 on Form 540, line 46.
Other Credits on Line 4, Line 6 through Line 14, and Line 16 through Line 20:
If you claim one or two other credits, enter the name, code, and amount of the credit from column (b) on Form 540, line 43 and/or line 44.
If you have more than two other credits, do not use line 43 or 44 on Form 540. Add the amounts from column (b) for the other credits and enter the total on Form 540, line 45.
(forms)(2021)(2021-540-p-instructions)(block-68)Franchise Tax Board Privacy Notice on Collection#
Our privacy notice can be found in annual tax booklets or online. Go to ftb.ca.gov/privacy to learn about our privacy policy statement, or go to ftb.ca.gov/forms and search for 1131 to locate FTB 1131 EN-SP, Franchise Tax Board Privacy Notice on Collection. To request this notice by mail, call 800-338-0505 and enter form code 948 when instructed.
(forms)(2021)(2021-540-p-instructions)(block-69)Credit Table Instructions#
Find your credits in the Credit Table.
See which sections are identified under “Offset Tax in Section.”
Take the credit only in the sections the Credit Table identifies for your credit.
Use the credit in the earliest section possible.
Complete each section before going to the next section.
(forms)(2021)(2021-540-p-instructions)(block-70)Credit Table#
Code Current Credits Form Offset Tax in Section 233 California Competes Tax FTB 3531 B2 223 California Motion Picture and Television Production FTB 3541 A2 197 Child Adoption* Worksheet B2 232 Child and Dependent Care Expenses FTB 3506 A1 235 College Access Tax FTB 3592 B2 173 Dependent Parent* Worksheet B1 205 Disabled Access for Eligible Small Businesses FTB 3548 A2 204 Donated Agricultural Products Transportation FTB 3547 A2 203 Enhanced Oil Recovery FTB 3546 A2 170 Joint Custody Head of Household* Worksheet B1 172 Low-Income Housing FTB 3521 B2 241 Main Street Small Business Tax II FTB 3866 A2 213 Natural Heritage Preservation FTB 3503 B2 237 New California Motion Picture and Television Production FTB 3541 A2 238 New Donated Fresh Fruits or Vegetables FTB 3814 A2 234 New Employment FTB 3554 A2 None Nonrefundable Renter’s* Worksheet B1 187 Other State Tax Sch. S B3 242 Pass-Through Entity Elective Tax FTB 3804-CR B2 188 Prior Year Alternative Minimum Tax FTB 3510 A2 162 Prison Inmate Labor FTB 3507 A1 239 Program 3.0 California Motion Picture and Television Production FTB 3541 B2 183 Research FTB 3523 B2 163 Senior Head of Household* Worksheet B1
*See the instructions for Form 540.
Code Repealed Credits with Carryover Provisions Form Offset Tax in Section 175 Agricultural Products FTB 3540 A2 196 Commercial Solar Electric System FTB 3540 B2 181 Commercial Solar Energy FTB 3540 B2 C 209 Community Development Financial Institutions Investment FTB 3540 A2 224 Donated Fresh Fruits or Vegetables FTB 3540 A2 194 Employee Ridesharing FTB 3540 A2 190 Employer Child Care Contribution FTB 3540 A2 189 Employer Child Care Program FTB 3540 A2 191 Employer Ridesharing (Large) FTB 3540 A2 192 Employer Ridesharing (Small) FTB 3540 A2 193 Employer Ridesharing (Transit Passes) FTB 3540 A2 182 Energy Conservation FTB 3540 A2 176 Enterprise Zone Hiring FTB 3805Z B2 176 Enterprise Zone Sales or Use Tax FTB 3805Z B2 218 Environmental Tax FTB 3540 A2 207 Farmworker Housing FTB 3540 A2 198 Local Agency Military Base Recovery Area Hiring FTB 3807 A2 198 Local Agency Military Base Recovery Area Sales or Use Tax FTB 3807 A2 160 Low-Emission Vehicles FTB 3540 A2 240 Main Street Small Business Tax FTB 3866 A2 211 Manufacturing Enhancement Area Hiring FTB 3808 A2 220 New Jobs FTB 3540 A2 185 Orphan Drug FTB 3540 B2 184 Political Contributions FTB 3540 A2 174 Recycling Equipment FTB 3540 A2 186 Residential Rental & Farm Sales FTB 3540 A2 171 Ridesharing FTB 3540 A2 200 Salmon & Steelhead Trout Habitat Restoration FTB 3540 A2 180 Solar Energy FTB 3540 B2 C 179 Solar Pump FTB 3540 A2 210 Targeted Tax Area Hiring FTB 3809 B2 210 Targeted Tax Area Sales or Use Tax FTB 3809 B2 178 Water Conservation FTB 3540 A2 161 Young Infant FTB 3540 A2
(forms)(2021)(2021-3506-instructions)2021 Instructions for Form FTB 3506#
(forms)(2021)(2021-3506-instructions)(block-1)General Information#
Attach the completed form FTB 3506, Child and Dependent Care Expenses Credit, to your Form 540, California Resident Income Tax Return, or Form 540NR, California Nonresident or Part-Year Resident Income Tax Return, if you claim the child and dependent care expenses credit.
The child and dependent care expenses credit is nonrefundable .
Registered Domestic Partners (RDP) – For purposes of California income tax, references to a spouse, husband, or wife also refer to a California RDP, unless otherwise specified. When we use the initials RDP, they refer to both a California registered domestic “partner” and a California registered domestic “partnership,” as applicable. For more information on RDPs, get FTB Pub. 737, Tax Information for Registered Domestic Partners.
(forms)(2021)(2021-3506-instructions)(block-2)A. Purpose#
You may qualify to claim the 2021 credit for child and dependent care expenses, if you (and your spouse/RDP) paid someone in California to care for your child or other qualifying person while you worked or looked for employment. You must have earned income to do so. If you qualify to claim the credit, use form FTB 3506 to figure the amount of your credit.
If you received dependent care benefits for 2021 but do not qualify to claim the credit, you are not required to complete form FTB 3506. For additional definitions, requirements, and instructions, get federal Form 2441, Child and Dependent Care Expenses.
(forms)(2021)(2021-3506-instructions)(block-3)B. Differences in California and Federal Law#
The differences between California and federal law are as follows:
California allows this credit only for care provided in California.
If you were a nonresident, you must have earned wages from working in California or earned self-employment income from California business activities.
The California credit is a percentage of the federal credit.
RDPs may file a joint California return and claim this credit. For more information, get FTB Pub. 737.
The federal American Rescue Plan Act (ARPA) made the federal credit refundable for some taxpayers, increased dollar limits and percentage for eligible expenses, and made changes to the phaseout percentage. CA law does not conform to the changes under the ARPA.
The ARPA temporarily increases the amount of the exclusion from gross income from $5,000 to $10,500 (and half of that amount for married filing separate) for employer-provided dependent care assistance. CA law does not conform to the change under the ARPA.
(forms)(2021)(2021-3506-instructions)(block-4)C. Qualifications#
You may take the credit if all eight of the following apply.
If you are married or an RDP, you must file a joint tax return. For an exception, see Section E, Married Persons or RDPs Filing Separate Returns.
Care must be provided in California for one or more qualifying persons. See Section D, Qualifying Person Defined.
You paid for care so you (and your spouse/RDP) could work or look for work. However, if you did not find a job and have no earned income, you do not qualify for the credit. If your spouse/RDP was a student or disabled, see the instructions for Part III, line 5.
You (and your spouse/RDP) must have earned income (wages or self-employment income) during the year. See the instructions for Part III, line 4, for more information on earned income.
You and the qualifying person(s) live in the same home for more than half the year.
The person who provided care was not your spouse/RDP, the parent of your qualifying child, or a person for whom you can claim a dependent exemption. If your child provided the care, the child must have been age 19 or older by the end of 2021.
You report the required information about the care provider(s) in Part II, line 1, and the information about the qualifying person(s) in Part III, line 2.
Your federal adjusted gross income (AGI) is $100,000 or less.
(forms)(2021)(2021-3506-instructions)(block-5)Rules for Most People#
A qualifying person is:
A child under age 13 who meets the requirements to be your dependent as a Qualifying Child. A child who turned 13 during the year qualifies only for the part of the year when he or she was 12 years old; or
Your spouse/RDP who was physically or mentally incapable of self-care; or
Any person who was physically or mentally incapable of self-care and either: Was your dependent. Would have been your dependent except that: He or she received gross income of $4,300 or more. He or she filed a joint tax return. You, or your spouse/RDP if filing a joint tax return, could be claimed as a dependent on someone else’s 2021 tax return.
(forms)(2021)(2021-3506-instructions)(block-6)Qualifying Child#
A Qualifying Child is a child who meets all of the following tests:
Relationship Test - The child must be your son, daughter, stepchild, adopted child, eligible foster child, brother, sister, half-brother, half-sister, stepbrother, stepsister, or a descendant of one of these. An adopted child includes a child who has been lawfully placed with you for legal adoption even if the adoption is not yet final. An eligible foster child must be placed with you by an authorized placement agency or by a court.
Age Test - For the purposes of qualifying for the Child and Dependent Care Expenses Credit, the child must be under age 13.
Residency Test - The child must live with you for more than half the year.
Support Test - The child must not have provided more than half of his or her own support.
Joint Return Test - The child must not have filed a joint federal or state income tax return with his or her spouse/RDP.
Citizenship Test- The child must be a citizen or national of the U.S. or a resident of the U.S., Canada, or Mexico.
(forms)(2021)(2021-3506-instructions)(block-7)Tie-Breaker Rules: Qualifying Child of More Than One Person*#
If an individual may be claimed as a qualifying child by two or more taxpayers for the same taxable year, the following rules apply:
If… Then the child will be treated as the qualifying child of the… Only one of the persons is the child’s parent Parent. Both of the persons are the child’s parent but they do not file a joint return Parent with whom the child lived for the longer period of time during the year. If the child lived with both parents for the same amount of time, the parent who had the higher AGI for the year. The child’s parents can claim the child as a qualifying person but neither parent does Person with the highest AGI of all persons claiming the child, but only if that person’s AGI is higher than the highest AGI of any of the child’s parents. No parent can claim the child as a qualifying child Person with the highest AGI of all persons claiming the child.
*These rules assume all other qualifying child requirements are satisfied.
(forms)(2021)(2021-3506-instructions)(block-8)Divorced, RDP Terminated, Separated, or Never-Married Parents#
For divorced, RDP terminated, separated, or never-married parents, special rules apply in determining if your child meets the requirements to be your qualifying person. When parents file separate returns, only one parent qualifies to claim a child as a qualifying person.
Even if both parents pay for child care for the same child, both parents cannot qualify for the credit. Some custody agreements designate which parent is entitled to the credit. However, the designated parent must meet all the qualifications in Section C, Qualifications, to claim the credit. To verify that your child meets the requirements to be your qualifying person, use the table below.
(forms)(2021)(2021-3506-instructions)(block-9)RULES FOR DIVORCED, RDP TERMINATED, SEPARATED, OR NEVER-MARRIED PARENTS#
IF AND THEN ALL four of the following apply: Your child was under age 13 and/or physically or mentally incapable of self-care when the care was provided. Children turning 13 during the year qualify only for the part of the year they were 12 years old. One of the following applies You are divorced, legally separated, or have terminated a registered domestic partnership. You are separated under a written separation agreement. You and the other parent lived apart at all times during the last 6 months of the year. (This includes parents never married to each other.) One or both parents had custody of the child for more than half the year. One or both parents provided more than half the child’s support for the year. You were the custodial parent and you can claim the dependent exemption credit for the child. The child is your qualifying person. You were the custodial parent and under the provisions of a decree of divorce, legal separation, termination of registered domestic partnership, or a written separation agreement, the noncustodial parent claimed the dependent exemption credit, or you signed a statement releasing the dependent exemption credit to the noncustodial parent. The child is your qualifying person. You are not the custodial parent. The child is not your qualifying person. One or more of the four statements above do not apply. Not Applicable N/A Use the “Rules for Most People” in Section D.
Custodial Parent and Noncustodial Parent – The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent. If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher AGI.
Parent Works at Night – If, due to a parent’s night-time work schedule, a child lives for a greater number of days, but not nights, with the parent who works at night, that parent is treated as the custodial parent. On a school day, the child is treated as living at the primary residence registered with the school.
(forms)(2021)(2021-3506-instructions)(block-10)E. Married Persons or RDPs Filing Separate Tax Returns#
Generally, if you are married or an RDP, you must file a joint tax return to claim the credit. However, you can take the credit on your separate tax return if:
You meet all three requirements below: You lived apart from your spouse/RDP at all times during the last six months of 2021. The qualifying person(s) lived in your home more than half of 2021. You provided over half the cost of keeping up your home.
You meet all the other qualifications in Section C, Qualifications.
(forms)(2021)(2021-3506-instructions)(block-11)F. Nonresidents and Part-Year Residents#
You must complete and attach Schedule CA (540NR), California Adjustments – Nonresidents or Part-Year Residents, to your tax return, Form 540NR. If Part I of Schedule CA (540NR) is not fully completed, we may disallow your credit.
Nonresidents must have earned income from California sources to qualify for the credit. A nonresident servicemember’s military wages are considered earned income from a California source for the purpose of qualifying for the credit.
Part-year residents must have earned income while a California resident or earned income from California sources while a nonresident to qualify for the credit.
(forms)(2021)(2021-3506-instructions)(block-12)G. Military Personnel#
For the purposes of this credit, active duty pay is considered earned income from California sources, regardless of whether the servicemember is domiciled in California. The federal Military Spouses Residency Relief Act may affect the credit requirements for spouses of military servicemembers. For more information, get FTB Pub. 1032, Tax Information for Military Personnel.
(forms)(2021)(2021-3506-instructions)(block-13)Part I - Unearned Income and Other Funds Received in 2021#
List the source and amount of any money you received in 2021 that is not included in your earned income (Part III, line 4 and line 5) but that was used to support your household. Include child support, property settlements, public assistance benefits, court awards, inheritances, insurance proceeds, pensions and annuities, social security payments, workers’ compensation, unemployment compensation, interest, and dividends.
(forms)(2021)(2021-3506-instructions)(block-14)Line 1#
Complete line 1a through line 1g for each person or organization that provided the care in California. Only care provided in California qualifies for the credit. Use federal Form W-10, Dependent Care Provider’s Identification and Certification, or any other source listed in the instructions for federal Form W-10 to get the information from your care provider. If your provider does not give you the information, complete as much of the information as possible and explain that your provider did not give you the information you requested.
If you do not give correct and complete information, we may disallow your credit unless you can show you used due diligence in trying to get the required information.
(forms)(2021)(2021-3506-instructions)(block-15)Line 1a through Line 1c#
Enter your California care provider’s complete name (or business name), address, and telephone number (including the area code). If you do not give complete information, we may disallow your credit. We may contact your care provider to verify the information you provide.
If you were covered by your employer’s dependent care plan and your employer furnished the care (either at your workplace or by hiring a care provider), enter your employer’s name on line 1a. Next, enter “See W-2” on line 1b. Complete line 1c through line 1f. Then leave line 1g blank. But, if your employer paid a third party (not hired by your employer) on your behalf to provide care, you must provide information on the third party on line 1a through line 1g.
(forms)(2021)(2021-3506-instructions)(block-16)Line 1d#
For each care provider, check one box indicating whether the care provider is a person or organization.
(forms)(2021)(2021-3506-instructions)(block-17)Line 1e#
If your care provider is Then enter on line 1e An individual The provider’s social security number (SSN) or Individual Taxpayer Identification Number (ITIN). Not an individual The provider’s federal employer identification number (FEIN). A tax-exempt organization “Tax-exempt.”
(forms)(2021)(2021-3506-instructions)(block-18)Line 1f#
Enter the complete physical address where the care was provided. A post office box is not acceptable. If you do not provide correct or complete information, your credit may be disallowed. Only care provided in California qualifies for the credit.
(forms)(2021)(2021-3506-instructions)(block-19)Line 1g#
Enter the total amount you actually paid in 2021 to your care provider for care provided in California. Also include amounts your employer paid to a third party on your behalf. It does not matter when the expenses were incurred. Do not reduce this amount by any reimbursement you received.
We may ask you to provide proof of payment. Cash payments without verifiable documentation may not be accepted.
(forms)(2021)(2021-3506-instructions)(block-20)Line 2#
Complete column (a) through column (e) for each qualifying person for whom care was provided in California. If claiming more than three qualifying persons, attach a sheet of paper to your tax return with the required information and write “see attached.” Write your name and SSN or ITIN on the sheet.
(forms)(2021)(2021-3506-instructions)(block-21)Column (a)#
Enter each qualifying person’s name.
(forms)(2021)(2021-3506-instructions)(block-22)Column (b)#
Enter each qualifying person’s SSN. Verify that the name and SSN match the qualifying person’s social security card to avoid the reduction or disallowance of your credit. If the person was born in, and later died in, 2021, and does not have a SSN, enter “Died” in column (b) and attach a copy of the person’s birth and death certificates.
(forms)(2021)(2021-3506-instructions)(block-23)Column (c)#
Enter the qualifying person’s date of birth (mm/dd/yyyy) in the space provided or if the qualifying person is disabled (physically or mentally incapable of self-care), check the “Yes” box. Incomplete information could result in a delay or disallowance of your credit.
(forms)(2021)(2021-3506-instructions)(block-24)Column (d)#
If you shared custody of the qualifying person(s), enter the percentage of time you possessed physical custody during 2021. If you have 50% or less physical custody of your child, you do not qualify for the credit.
(forms)(2021)(2021-3506-instructions)(block-25)Column (e)#
Qualified Expenses are amounts paid for the care of your qualifying person while you worked or looked for work.
Enter the qualified expenses you incurred and paid in 2021 for the qualifying person(s). Include only the qualified expenses for care provided in California. If the child turned 13 years old during the year, include only the qualified expenses for the part of the year the child was 12 years old.
Do not include in column (e) qualified expenses:
You incurred in 2021 but did not pay until 2022. You may be able to use these expenses to increase your 2022 credit.
You incurred in 2020 but did not pay until 2021. Instead, see instructions for line 11.
You prepaid in 2021 for care to be provided in 2022. These expenses may only be used to figure your 2022 credit.
A qualified expense does not include the amount you paid for education (school tuition) or the amount you received through a subsidy program.
Qualified expenses include: Qualified expenses do not include: The cost of care for the qualifying person’s well-being and protection. If care was provided by a dependent care center, the center must meet all applicable state and local regulations. Cost of pre-school or similar program below the kindergarten level. Day camp, even if it specialized in a particular activity, such as soccer. Child support payments. Payments made to the parent of your qualifying child. Payments made to your spouse/RDP. Payments made to your child who is under age 19 at the end of the year, even if he or she is not your dependent. Payments made to a dependent for whom you (or your spouse/RDP) can claim a dependent exemption. Expenses paid by or reimbursed through a subsidy program. Cost for education (school tuition) at the kindergarten level and above. Overnight camp.
(forms)(2021)(2021-3506-instructions)(block-26)Line 4#
Earned income includes: Earned income does not include: Wages, salary, tips, and other taxable employee compensation, as well as, military compensation including compensation for service in a combat zone. Net earnings from self‑employment. Strike benefits. Disability payments you report as wages. Active duty pay received by servicemembers of the armed forces is considered earned income regardless of whether the servicemember is domiciled in this state or elsewhere. Pensions or annuities Social security payments Workers’ compensation Interest Dividends Capital gains Unemployment compensation Public assistance California service income excluded under the Military Spouses Residency Relief Act.
Nonresidents and Part-Year Residents Only: Earned income from California sources includes: Earned income does not include: Wages, salary, tips, and other taxable employee compensation for working in California, as well as, military compensation including compensation for service in a combat zone. Net earnings from self‑employment from California business activities. Strike benefits related to California employment. Disability payments you report as California wages. Active duty pay received by servicemembers of the armed forces is considered earned income regardless of whether the servicemember is domiciled in this state or elsewhere. Pensions or annuities Social security payments Workers’ compensation Interest Dividends Capital gains Unemployment compensation Public assistance California service income excluded under the Military Spouses Residency Relief Act.
(forms)(2021)(2021-3506-instructions)(block-27)Spouse/RDP Who Was a Student or Disabled#
Your spouse/RDP was a student if he or she was enrolled as a full-time student at a school during any 5 months of 2021. A school does not include a night school or correspondence school.
Your spouse/RDP was disabled if he or she was not capable of self-care.
Figure your spouse’s/RDP’s earned income on a monthly basis.
For each month your spouse/RDP was a full-time student or disabled, enter on line 5 the larger of the following:
Your spouse’s/RDP’s actual earned income for that month.
$250 ($500, if you have 2 or more qualifying persons).
If, in the same month, both you and your spouse/RDP qualified as either full-time students or disabled, only one of you receive treatment as having earned income of $250 (or $500) in that month. For any month that your spouse/RDP was not a full-time student or disabled, use your spouse’s/RDP’s actual earned income for that month.
(forms)(2021)(2021-3506-instructions)(block-28)Line 7#
Use the chart below to determine the decimal amount to enter on line 7. Your federal AGI is on Form 540, line 13 or Form 540NR, line 13. For military personnel domiciled outside of California, use your federal AGI less your military pay to determine the decimal amount to enter on line 7.
If your Federal AGI is: Over But not over The decimal amount to enter on line 7 is: $0 $15,000 .35 15,000 17,000 .34 17,000 19,000 .33 19,000 21,000 .32 21,000 23,000 .31 23,000 25,000 .30 25,000 27,000 .29 27,000 29,000 .28 29,000 31,000 .27 31,000 33,000 .26 33,000 35,000 .25 35,000 37,000 .24 37,000 39,000 .23 39,000 41,000 .22 41,000 43,000 .21 43,000 No limit .20
(forms)(2021)(2021-3506-instructions)(block-29)Line 9#
Use the chart below to determine the decimal amount to enter on line 9. For military personnel domiciled outside of California, use your federal AGI less your military pay to determine the decimal amount to enter on line 9.
If your federal AGI from Form 540, line 13 or Form 540NR, line 13 is: The decimal amount to enter on line 9 is: $40,000 or less .50 Over $40,000 but not over $70,000 .43 Over $70,000 but not over $100,000 .34 Over $100,000 Stop. You do not qualify for this credit.
(forms)(2021)(2021-3506-instructions)(block-30)Line 11#
If you had qualified expenses for care that was provided in 2020 that you paid for in 2021, you may be able to increase your credit for 2021. Complete the Worksheet on Side 2 of form FTB 3506. See Worksheet for instructions.
(forms)(2021)(2021-3506-instructions)(block-31)Line 13#
Dependent care benefits are:
Amounts an employer paid directly to you (or your spouse/RDP), or to your care provider for the care of your qualifying person(s), while you worked.
A day-care facility provided by your employer.
Generally deducted from your salary.
Shown in box 10 of your 2021 federal Form(s) W-2.
(forms)(2021)(2021-3506-instructions)(block-32)Line 14#
Enter the amount from federal Form 2441, line 13.
(forms)(2021)(2021-3506-instructions)(block-33)Line 15#
If you had a flexible spending account, any amount included on line 13 that you did not receive because you did not incur the expense is considered forfeited. Do not include amounts you expect to receive at a future date.
(forms)(2021)(2021-3506-instructions)(block-34)Line 17#
Enter the total of all qualified expenses incurred in 2021. It does not matter when the expenses were paid.
A qualified expense does not include the amount you paid for education (school tuition) or the amount you received through a subsidy program.
Example: You received $2,000 cash under your employer’s dependent care plan for 2021. The $2,000 is shown in box 10 of your federal Form W-2. You incurred $900 of qualified expenses in 2021 for the care of your 3-year-old dependent child. Enter $900 on line 17, but report the entire $2,000 on line 13.
For all other lines, follow specific line instructions on the form. For additional information, get federal Form 2441 or federal Publication 503, Child and Dependent Care Expenses.
(forms)(2021)(2021-3506-instructions)(block-35)Line 20#
If you are married or an RDP filing a separate return and you meet the requirements of Section E, Married Persons or RDPs Filing Separate Tax Returns, item 1, then enter your earned income from line 19. On line 22, enter $5,000.
If you were married or an RDP and filed a separate return but did not meet the requirements of Section E, Married Persons or RDPs Filing Separate Tax Returns, item 1, then enter your spouse’s/RDP’s earned income . If your spouse/RDP was a student or disabled in 2021, see the instructions for line 5. On line 22, enter $2,500.
(forms)(2021)(2021-3506-instructions)(block-36)Worksheet – Credit for 2020 Expenses Paid in 2021#
You will need a copy of your 2020 California tax return to complete the worksheet.
(forms)(2021)(2021-3506-instructions)(block-37)Line 12 and line 14#
You need the 2020 form FTB 3506 instructions to complete the Credit for 2020 Expenses Paid in 2021 Worksheet, on Side 2. Forms are available at ftb.ca.gov/forms or by calling 800-338-0505.
(forms)(2021)(2021-3506-instructions)(block-38)Line 12#
Enter the decimal amount from the chart in the line 7 instructions of the 2020 form FTB 3506 that corresponds to your 2020 federal AGI.
(forms)(2021)(2021-3506-instructions)(block-39)Line 14#
Enter the decimal amount from the chart in the line 9 instructions of the 2020 form FTB 3506 that corresponds to your 2020 California AGI.
(forms)(2021)(2021-3506-instructions)(block-40)Franchise Tax Board Privacy Notice on Collection#
Our privacy notice can be found in annual tax booklets or online. Go to ftb.ca.gov/privacy to learn about our privacy policy statement, or go to ftb.ca.gov/forms and search for 1131 to locate FTB 1131 EN-SP, Franchise Tax Board Privacy Notice on Collection. To request this notice by mail, call 800-338-0505 and enter form code 948 when instructed.
(forms)(2021)(2021-3514)2021 Form FTB 3514, California Earned Income Tax Credit#
(forms)(2021)(2021-3514)(document-1)#
8461213 FTB 3514 2021 Side 1 TAXABLE YEAR 2021 California Earned Income Tax Credit FORM 3514 Attach to your California Form 540, Form 540 2EZ or Form 540NR. Name(s) as shown on tax return Your SSN or ITIN Before you begin: If you claim the California Earned Income Tax Credit (EITC) even though you know you are not eligible, you may not be allowed to take the credit for up to 10 years. If you are claiming the California EITC, you must provide your date of birth (DOB), and spouse’s/ Registered Domestic Partner’s (RDP’s) DOB if filing jointly, on your California Form 540, Form 540 2EZ, or Form 540NR. If you qualify for the California EITC you may also qualify for the Young Child Tax Credit (YCTC). See instructions for additional information. Follow Step 1 through Step 9 in the instructions to determine if you meet the requirements, to complete this form, and to figure the amount of the credit(s). Part I Qualifying Information See Specific Instructions. 1 a Has the Internal Revenue Service (IRS) previously disallowed your federal Earned Income Credit (EIC)? . . b Has the Franchise Tax Board (FTB) previously disallowed your California EITC? . . . . . . . . . . . . . . . . . . . . . . 2 Federal AGI (federal Form 1040 or 1040-SR, line 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 2 3 Federal EIC (federal Form 1040 or 1040-SR, line 27a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 3 Part II Investment Income Information 4 Investment Income. See instructions for Step 2 – Investment Income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 4 Part III Qualifying Child Information You must complete Part I and Part II before filling out Part III. If you are not claiming a qualifying child, skip Part III and go to Step 4 in the instructions. Qualifying Child Information (Complete line 5 through line 12 for each child under Child 1, Child 2 or Child 3, as applicable.) Child 1 Child 2 Child 3 5 First name. . . . . . 6 Last name . . . . . . 7 SSN or ITIN. See instructions. • • • 8 Date of birth (mm/dd/yyyy). If born after 2002 and the child is younger than you (or your spouse/RDP, if filing jointly), skip line 9a and line 9b; go to line 10. 9 a Was the child under age 24 at the end of 2021, a student, and younger than you (or your spouse/RDP, if filing jointly)? If yes, go to line 10. If no, go to line 9b. See instructions.
b Was the child permanently and totally disabled during any part of 2021? If yes, go to line 10. If no, stop here. The child is not a qualifying child. 10 Child’s relationship to you. See instructions. 11 Number of days child lived with you in California during 2021. Do not enter more than 365 days. See instructions. TAXABLE YEAR 2021 California Earned Income Tax Credit FORM 3514 TAXABLE YEAR 2021 California Earned Income Tax Credit FORM 3514 For Privacy Notice, get FTB 1131 EN-SP.
. 00 . . 00 00 Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No
8462213 Side 2 FTB 3514 2021 Child 1 Child 2 Child 3 12 Child’s physical address during 2021. See instructions. a Street address (number and street and apt. no./ste. no.) a Street address (number and street and apt. no./ste. no.) a Street address (number and street and apt. no./ste. no.) Street address (number and street and apt. no./ste. no.) Part IV California Earned Income 13 Wages, salaries, tips, and other employee compensation, subject to California withholding. See instructions. . • 13 14 IHSS payments. See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 Prison inmate wages and/or pension or annuity from a nonqualified deferred compensation plan or a nongovernmental IRC Section 457 plan. See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 16 Subtract line 14 and line 15 from line 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 16 17 Nontaxable combat pay. See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 18 Business income or (loss). Enter amount from Worksheet 3, line 5. See instructions. . . . . . . . . . . . . . . . . . . 18 a Business name. . . . . . . . . . . . . . . b Business address . . . . . . . . . . . . . c Business license number . . . . . . . d SEIN. . . . . . . . . . . . . . . . . . . . . . . e Business code . . . . . . . . . . . . . . . 19 California Earned Income. Add line 16, line 17, and line 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 19 Part V California Earned Income Tax Credit (Complete Step 6 in the instructions.) 20 California EITC. Enter amount from California Earned Income Tax Credit Worksheet, Part III, line 6. This amount should also be entered on Form 540, line 75; or Form 540 2EZ, line 23 . . . . . . . . . . . . . . . . . . . • 20 b City City b City b City c State State c State c State d ZIP code ZIP code d ZIP code d ZIP code . . . . . . . . 00 00 00 00 00 00 00 00
8463213 FTB 3514 2021 Side 3 Part VII Young Child Tax Credit (See Step 8 in the instructions before completing this part.) 23 California Earned Income. Enter the amount from form FTB 3514, line 19. . . . . . . . . . . . . . . . . . . . . . . . . . 23 24 Available Young Child Tax Credit.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 • If the amount on line 23 is $25,000 or less, skip lines 25 through 27 and enter $1,000 on line 28. If applicable, complete lines 29 and 30. • If the amount on line 23 is greater than $25,000, complete lines 25 through 28. If applicable, complete lines 29 and 30. 25 Excess Earned Income over threshold. Subtract $25,000 from line 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 25 26 Divide line 25 by 100. Enter the result as a decimal out to two decimal places, do not round. . . . . . . . . . . . . 26 27 Reduction amount. Multiply line 26 by $20. Enter the result as a decimal out to two decimal places, do not round. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 27 28 Young Child Tax Credit. • If you did not need to complete lines 25 through 27, your credit is the $1,000 from line 24. • If you completed lines 25 through 27, to compute your credit, subtract line 27 from line 24. If your credit amount is between $0 and $1, enter $1. If your credit amount is over $1, round to the nearest whole dollar. This amount should also be entered on Form 540, line 76; or Form 540 2EZ, line 24 . . . . . . . . . . . . . . . . . . . • 28 Part VIII Nonresident or Part-Year Resident Young Child Tax Credit (See Step 9 in the instructions.) 29 CA Exemption Credit Percentage from Form 540NR, line 38. See instructions . . . . 29 30 Nonresident or Part-Year Resident YCTC. Multiply line 28 by line 29. This amount should also be entered on Form 540NR, line 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 30 Part VI Nonresident or Part-Year Resident California Earned Income Tax Credit 21 CA Exemption Credit Percentage from Form 540NR, line 38. See instructions. . . . 21 22 Nonresident or Part-Year Resident EITC. Multiply line 20 by line 21. This amount should also be entered on Form 540NR, line 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 22 1,000 . . . . . . . . . 00 00 00 00 00 00 .
(forms)(2021)(2021-3514-instructions)2021 Instructions for Form FTB 3514#
(forms)(2021)(2021-3514-instructions)(block-1)2021 Instructions for Form FTB 3514 California Earned Income Tax Credit Revised: 02/2022#
References in these instructions are to the Internal Revenue Code (IRC) as of January 1, 2015 , and to the California Revenue and Taxation Code (R&TC).
(forms)(2021)(2021-3514-instructions)(block-2)General Information#
In general, for taxable years beginning on or after January 1, 2015, California law conforms to the Internal Revenue Code (IRC) as of January 1, 2015. However, there are continuing differences between California and federal law. When California conforms to federal tax law changes, we do not always adopt all of the changes made at the federal level. For more information, go to ftb.ca.gov and search for conformity . Additional information can be found in FTB Pub. 1001, Supplemental Guidelines to California Adjustments, the instructions for California Schedule CA (540), California Adjustments - Residents, or Schedule CA (540NR), California Adjustments - Nonresidents or Part-Year Residents, and the Business Entity tax booklets.
The instructions provided with California tax forms are a summary of California tax law and are only intended to aid taxpayers in preparing their state income tax returns. We include information that is most useful to the greatest number of taxpayers in the limited space available. It is not possible to include all requirements of the California Revenue and Taxation Code (R&TC) in the instructions. Taxpayers should not consider the instructions as authoritative law.
(forms)(2021)(2021-3514-instructions)(block-3)Registered Domestic Partners (RDPs)#
For purposes of California income tax, references to a spouse, husband, or wife also refer to a California RDP, unless otherwise specified. When we use the initials RDP they refer to both a California registered domestic “partner” and a California registered domestic “partnership,” as applicable. For more information on RDPs, get FTB Pub. 737, Tax Information for Registered Domestic Partners.
(forms)(2021)(2021-3514-instructions)(block-4)California Earned Income Tax Credit (EITC)#
The refundable California EITC is available to taxpayers who earned wage income subject to California withholding and/or have net earnings from self-employment. This credit is similar to the federal Earned Income Credit (EIC) but with different income limitations. The CA EITC reduces your California tax obligation, or allows a refund if no California tax is due. You do not need a child to qualify, but must file a California income tax return to claim the credit and attach a completed form FTB 3514, California Earned Income Tax Credit.
(forms)(2021)(2021-3514-instructions)(block-5)Young Child Tax Credit (YCTC)#
For taxable years beginning on or after January 1, 2019, the refundable YCTC is available to taxpayers who also qualify for the CA EITC and who have at least one qualifying child who is younger than six years old as of the last day of the taxable year. The maximum amount of credit allowable for a qualified taxpayer is $1,000. The credit amount phases out as earned income exceeds the threshold amount of $25,000, and completely phases out at $30,000. For more information, see Step 8, Qualifications for Young Child Tax Credit (YCTC) in the instructions.
(forms)(2021)(2021-3514-instructions)(block-6)Expansion for Credits Eligibility#
For taxable years beginning on or after January 1, 2020, California expanded EITC and YCTC eligibility to allow either the federal Individual Tax Identification Number (ITIN) or the Social Security Number (SSN) to be used by all eligible individuals, their spouses, and qualifying children. If an ITIN is used, eligible individuals should provide identifying documents upon request of the Franchise Tax Board (FTB). Any valid SSN can be used, not only those that are valid for work. Additionally, upon receiving a valid SSN, the individual should notify the FTB in the time and manner prescribed by the FTB. The YCTC is available if the eligible individual or spouse has a qualifying child younger than six years old. For more information, see General Information B, Differences in California and Federal Law, Specific Instructions for line 7, and go to ftb.ca.gov and search for eitc .
(forms)(2021)(2021-3514-instructions)(block-7)Worker Status: Employees and Independent Contractors#
Some individuals may be classified as independent contractors for federal purposes and employees for California purposes, which may also cause changes in how their income and deductions are classified. For more information, see Specific Instructions, Step 5, line 13 and line 18.
(forms)(2021)(2021-3514-instructions)(block-8)A. Purpose#
Use form FTB 3514 to determine whether you qualify to claim the EITC and YCTC credits, provide information about your qualifying children, if applicable, and to figure the amount of your credits.
(forms)(2021)(2021-3514-instructions)(block-9)B. Differences in California and Federal Law#
The differences between California and federal law for the Earned Income Tax Credit are as follows:
California allows this credit for wage income (wages, salaries, tips and other employee compensation) that is subject to California withholding.
If you were a nonresident, you must have earned wage income that is subject to California withholding.
Both your earned income and federal adjusted gross income (AGI) must be less than $30,001 to qualify for the California credit.
An eligible individual without a qualifying child is 18 years or older for the California credit.
You may elect to include all of your (and/or all of your spouse's/RDP’s if filing jointly) nontaxable military combat pay in earned income for California purposes, whether or not you elect to include it for federal purposes. Get FTB Pub. 1032, Tax Information for Military Personnel, for special rules that apply to military personnel claiming the EITC.
You may elect to include or exclude Medicaid waiver payments or In Home Supportive Services (IHSS) payment from earned income for the California credit, whether or not you elect to include or exclude them for the federal credit.
California allows this credit to eligible individuals and their spouses who have a valid federal ITIN or who have qualifying children who have a valid federal ITIN.
California law does not conform to the following federal law changes under the American Rescue Plan Act of 2021: Application of earned income tax credit in possessions of the U.S. Election to use earned income from taxable year 2019 for the federal credit. Strengthening the EITC for individuals with no qualifying children
(forms)(2021)(2021-3514-instructions)(block-10)Specific Instructions#
If certain requirements are met, you or your eligible spouse may claim the EITC even if you do not have a valid SSN and instead have a valid federal ITIN. This also applies for the YCTC. If you have a valid federal ITIN, enter it in the Your SSN or ITIN field at the top of the form. For more information, see the General Information Section and Specific Instructions for line 7.
If certain requirements are met, you may claim the EITC even if you do not have a qualifying child. The amount of the credit is greater if you have a qualifying child, and increases with each child that qualifies, up to a maximum of three children. Follow Step 1 through Step 7 below to determine if you qualify for the credit and to figure the amount of the credit.
If your EITC was reduced or disallowed for any reason other than a math or clerical error and you now want to take the EITC, then answer “Yes” on line 1b within the form and follow Step 1 through Step 7 below to determine if you qualify for the credit.
Attach the completed form FTB 3514 to your Form 540 or 540 2EZ, California Resident Income Tax Return, or Form 540NR, California Nonresident or Part-Year Resident Income Tax Return, if you claim the California EITC.
(forms)(2021)(2021-3514-instructions)(block-11)Step 1 Qualifications for All Filers#
In taxable year 2021, is the amount on federal Form 1040, U.S. Individual Income Tax Return, or Form 1040-SR, U.S. Tax Return for Seniors, line 11 (federal AGI) less than $30,001? Yes Continue. No Stop here, you cannot take the credit.
Do you, and your spouse/RDP if filing a joint return, have a valid SSN or federal ITIN? See line 7, "Valid SSN" or "Valid ITIN" within Step 3, Qualifying Child, for a full definition. Yes If you have a qualifying child continue to question c. If you do not have a qualifying child, continue to question d. No Stop here, you cannot take the EITC.
Do you, and your spouse/RDP if filing a joint return, have a qualifying child who has a valid SSN or federal ITIN? Yes Continue to question d. No You may qualify for the EITC as a filer without a qualifying child, continue to question d.
Is your filing status married filing separately? See note below. Yes Stop here, you cannot take the credit. No Continue. Note : Special rule for separated spouses. You can claim the EITC if you are married, not filing a joint return for the taxable year, had a qualifying child who lived with you for more than half of 2021, and either of the following apply: You lived apart from your spouse for the last 6 months of 2021, or You are legally separated according to your state law under a written separation agreement or a decree of separate maintenance and you did not live in the same household as your spouse at the end of 2021. If you meet the requirements above, you may continue on to question e.
Are you filing federal Form 2555, Foreign Earned Income? Yes Stop here, you cannot take the credit. No Continue.
Were you or your spouse/RDP a nonresident alien for any part of 2021? Yes If your filing status is married filing jointly, continue. Otherwise, stop here; you cannot take the EITC. No Continue.
If you are filing Form 540NR, did you and your spouse/RDP live in California for at least 183 days? Yes Continue. No Stop here, you cannot take the credit.
Complete line 1, line 2, and line 3 on the form. Then go to Step 2.
(forms)(2021)(2021-3514-instructions)(block-12)Step 2 Investment Income#
If you are filing Form 540 or Form 540NR complete Worksheet 1. If you are filing Form 540 2EZ complete Worksheet 2.
(forms)(2021)(2021-3514-instructions)(block-13)Worksheet 1 – Investment Income Form 540 and Form 540NR Filers#
Interest and Dividends
Add and enter the amounts from federal Form 1040 or 1040-SR, line 2a and line 2b.
Enter the amount from federal Form 8814, Parents’ Election to Report Child’s Interest and Dividends, line 1b.
Enter the amount from federal Form 1040 or 1040-SR, line 3b.
Enter any amounts from federal Form 8814, line 12 for child’s interest and dividends.
Capital Gain Net Income
Enter the amount from federal Form 1040 or 1040-SR, line 7. If the result is less than zero, enter -0-.
Enter the gain from federal Form 4797 Sales of Business Property, line 7. If the amount on that line is a loss, enter -0-. (But, if you completed federal Form 4797, line 8 and line 9, enter the amount from line 9 instead).
Subtract line 6 from line 5. (If the result is less than zero, enter -0-).
Passive Activities
Enter the total of net income from passive activities included on federal Schedule 1 (Form 1040), Additional Income and Adjustments to Income, line 5.
Other Activities
Enter any income from the rental of personal property included on federal Schedule 1 (Form 1040), line 8k. If the result is zero or less, enter -0-.
Enter any expenses related to the rental of personal property included on federal Schedule 1 (Form 1040), line 24b.
Subtract line 10 from line 9. (If the result is less than zero, enter -0-).
Investment Income
Add the amounts on lines 1, 2, 3, 4, 7, 8, and 11. Enter the total. This is your investment income.
Is the amount on line 12 more than $4,053? Yes Stop here, you cannot take the credit. No Enter the amount from line 12 on form FTB 3514, line 4. Go to Step 3.
(forms)(2021)(2021-3514-instructions)(block-14)Worksheet 2 – Investment Income Form 540 2EZ Filer#
Taxable interest. Enter the amount from Form 540 2EZ, line 10.
Nontaxable interest. Add and enter the amounts from federal Form 1099-INT, box 3 and box 8, and the amount from federal Form 1099-DIV, box 11.
Dividends. Enter the amount from Form 540 2EZ, line 11.
Capital gain net income. Enter the amount from Form 540 2EZ, line 13.
Investment Income. Add line 1, line 2, line 3 and line 4. Enter the amount here.
Is the amount on line 5 more than $4,053? Yes Stop here, you cannot take the credit. No Enter the amount from line 5 on form FTB 3514, line 4. Go to Step 3.
(forms)(2021)(2021-3514-instructions)(block-15)Qualifying Child Definition#
A qualifying child for the EITC is a child who meets the following conditions:
Is your son, daughter, stepchild, foster child, brother, sister, stepbrother, stepsister, half brother, half sister, or a descendant of any of them (for example, your grandchild, niece, or nephew).
Is under age 19 at the end of 2021 and younger than you (or your spouse/RDP, if filing jointly), or under age 24 at the end of 2021, a student, and younger than you (or your spouse/RDP, if filing jointly), or any age and permanently and totally disabled.
Is not filing a joint return for 2021 or is filing a joint return for 2021 only to claim a refund of withheld income tax or estimated tax paid. Get federal Publication 596, Earned Income Credit, for examples.
Lived with you in California for more than half of 2021. If the child did not live with you for the required time, see exceptions in the instructions for line 11. Note: If the child was married or meets the conditions to be a qualifying child of another person (other than your spouse/RDP if filing a joint return), special rules apply. Get federal Publication 596 for more information.
(forms)(2021)(2021-3514-instructions)(block-16)Qualifying Child Questionnaire#
Do you have at least one child who meets the conditions to be your qualifying child? Yes Continue. No Go to Step 4.
Are you filing a joint return for 2021? Yes Complete form FTB 3514, Part III, line 5 through line 12. Go to Step 5. No Continue.
Could you be a qualifying child of another person for 2021? (Answer “No” if the other person is not required to file, and is not filing, a 2021 tax return or is filing a 2021 return only to claim a refund of withheld income tax or estimated tax paid. Get federal Publication 596 for examples.) Yes Stop here, you cannot take the credit. No Complete form FTB 3514, Part III, line 5 through line 12. Go to Step 5.
Note: If your qualifying child is younger than six years old as of the last day of the taxable year, you must list that child information under Child 1, Child 2 or Child 3 column. Do not include any child younger than six years old as an attachment to the form FTB 3514. See Step 8 and Step 9 in the instructions to see if you qualify for the Young Child Tax Credit.
(forms)(2021)(2021-3514-instructions)(block-17)Line 7 – SSN or ITIN#
The child must have a valid SSN or ITIN, as defined below, unless the child was born and died in 2021. If your child was born alive and died in 2021 and did not have an SSN or an ITIN, write “Died” on this line and attach a copy of the child’s birth certificate, death certificate, or hospital medical records or include it according to your software's instructions.
Valid SSN . A valid SSN is a number issued by the Social Security Administration without regard to whether it was issued for employment or issued solely for the purpose of receiving federally funded benefits.
Valid ITIN. A valid ITIN is a federal tax processing number issued by the Internal Revenue Service that is not expired or revoked. For taxable years beginning on or after January 1, 2020, a valid federal ITIN can be used to claim the EITC and YCTC. If an ITIN is used, eligible individuals should provide the documents listed below upon request by FTB:
Identifying documents acceptable for purposes of obtaining a California driver’s license as authorized by the Vehicle code and related regulations for purposes of establishing documents acceptable to prove identity.
Identifying documents used to report earned income for the taxable year.
Additionally, upon receiving a valid SSN, the individual should notify the FTB in the time and manner prescribed by the FTB. For more information, go to ftb.ca.gov and search for eitc .
An Adoption Taxpayer Identification Number (ATIN) cannot be used to claim EITC. If you or your child has an ATIN and later gets a valid SSN, or a valid federal ITIN you may be able to file an amended return. Use Form 540, 540 2EZ, or 540NR to amend your original or previously filed tax return with Schedule X, California Explanation of Amended Return Changes, attached to the amended return.
If you did not have an SSN or federal ITIN by the due date of your 2021 return (including extensions), you cannot claim the EITC (or YCTC) on either your original or an amended 2021 return, even if you later get an SSN or federal ITIN. Also, if a child did not have an SSN or federal ITIN by the due date of your return (including extensions), you cannot count that child as a qualifying child in figuring the EITC (or YCTC) on either your original or an amended 2021 return, even if that child later gets an SSN or federal ITIN.
(forms)(2021)(2021-3514-instructions)(block-18)Line 9a – Student#
A student is a child who during any part of 5 calendar months of 2021 was enrolled as a full-time student at a school, or took a full-time, on-farm training course given by a school or a state, county, or local government agency. A school includes a technical, trade, or mechanical school. It does not include an on-the-job training course, correspondence school, or school offering courses only through the Internet.
(forms)(2021)(2021-3514-instructions)(block-19)Line 9b – Permanently and totally disabled#
A person is permanently and totally disabled if, at any time in 2021, the person could not engage in any substantial gainful activity because of a physical or mental condition and a doctor has determined that this condition (a) has lasted or can be expected to last continuously for at least a year, or (b) can be expected to lead to death.
(forms)(2021)(2021-3514-instructions)(block-20)Line 10 – Child’s relationship to you#
For additional information see qualifying child definition.
(forms)(2021)(2021-3514-instructions)(block-21)Line 11 – Number of days child lived with you#
Enter the number of days the child lived with you in California during 2021. To qualify, the child must have the same principal place of residence in California as you for more than half of 2021, defined as 183 days or more (if a leap year, it is 184 days). If the child was born or died in 2021 and your home was the child’s home for more than half the time he or she was alive during 2021, enter "365". Do not enter more than 365 days, unless it’s a leap year, then enter 366 days. If the child did not live with you for the required time, temporary absences may count as time lived at home. For more information, get federal Publication 596.
(forms)(2021)(2021-3514-instructions)(block-22)Line 12 – Child’s physical address#
Enter the physical address where the child resided during 2021. This should be the address of the principal place of residence in California where the child lived with you for more than half of 2021. If the child lived with you in California for more than half of 2021, but moved within California during this period, this should be the address of the principal place of residence that was shared the longest.
(forms)(2021)(2021-3514-instructions)(block-23)Step 4 Filer Without a Qualifying Child#
Is the amount on federal Form 1040 or 1040-SR, line 11 (federal AGI), less than $30,001? Yes Continue. No Stop here, you cannot take the credit.
Were you (or your spouse/RDP if filing a joint return) at least age 18 at the end of 2021? (Answer “Yes” if you, or your spouse/RDP if filing a joint return, were born on or before January 1, 2004.) If your spouse/RDP died in 2021 (or if you are preparing a return for someone who died in 2021), get federal Publication 596 for more information before you answer. Yes Continue. No Stop here, you cannot take the credit.
Was your main home, and your spouse’s/RDP's if filing a joint return, in California for more than half of 2021? Yes Continue. No Stop here, you cannot take the credit.
Are you filing a joint return for 2021? For more information, get federal Publication 596. Yes Skip questions e and f; go to Step 5. No Continue.
Could you be a qualifying child of another person for 2021? (Answer “No” if the other person is not required to file, and is not filing, a 2021 tax return or is filing a 2021 return only to claim a refund of withheld income tax or estimated tax paid. Get federal Publication 596 for examples.) Yes Stop here, you cannot take the credit. No Continue.
Can you be claimed as a dependent on someone else’s 2021 tax return? Yes Stop here, you cannot take the credit. No Go to Step 5.
(forms)(2021)(2021-3514-instructions)(block-24)Step 5 California Earned Income#
Complete lines 13 through 19 to figure your California earned income.
(forms)(2021)(2021-3514-instructions)(block-25)Line 13 – Wages, salaries, tips, and other employee compensation, subject to California withholding#
Enter the total amount of your California wages from your federal Form(s) W-2, Wage and Tax Statement. This amount appears on Form W-2, box 16. Include all of your Medicaid waiver payments or IHSS payments even if the payments are nontaxable for federal purposes.
Note: If you have clergy wages, subtract the self employment tax, if any, that was reported on federal Schedule SE (Form 1040), Self-Employment Tax, and enter the result on form FTB 3514, line 13.
Employees and independent contractors - If the taxpayer’s classification for California and federal purposes is different, enter the earned income as wages on line 13 or as business income on line 18 based on the federal classification of income. For example, a taxpayer may be classified as an independent contractor for federal purposes, but as an employee for California purposes. Based on this example, this taxpayer would enter their income as business income on form FTB 3514, line 18. Use your federal classification for EITC purposes only and for all other purposes such as completing other tax forms, schedules, etc., use your California classification.
(forms)(2021)(2021-3514-instructions)(block-26)Line 14 – IHSS payments#
You may elect to include or exclude your Medicaid waiver payments or IHSS payments if the payments are nontaxable for federal purposes. If you elect to exclude such payments from your earned income for California EITC purposes, enter the amount you received as Medicaid waiver payments or IHSS payments that are nontaxable for federal purposes on line 14. If you elect to include such payments, leave line 14 blank. If you are filing a joint return, both you and/or your spouse/RDP can elect to include or exclude your own nontaxable Medicaid waiver payments or IHSS payments for California EITC purposes. Each must elect to include or exclude all such payments, not just a portion of it. You may elect to include or exclude such payments from earned income for California EITC purposes, whether or not you elect to include or exclude them for federal purposes.
(forms)(2021)(2021-3514-instructions)(block-27)Line 15 – Prison inmate wages and/or pension or annuity from a nonqualified deferred compensation plan or a nongovernmental IRC Section 457 plan#
Enter the amount included on line 13, that you received for work performed while an inmate in a penal institution.
Enter the amount included on line 13, that you received as a pension or annuity from a nonqualified deferred compensation plan or a nongovernmental IRC Section 457 plan. This amount may be shown on federal Form W-2, box 11. If you received such an amount and box 11 is blank, contact your employer for the amount received as a pension or annuity.
(forms)(2021)(2021-3514-instructions)(block-28)Line 17 – Nontaxable combat pay#
Enter the amount from federal Form W-2, box 12, code Q, if you elect to include your nontaxable military combat pay in earned income for EITC purposes. If you are filing a joint return, both you and/or your spouse/RDP can elect to include your own nontaxable military combat pay for EITC purposes. Each must include all of their nontaxable military combat pay, not just a portion of it. You may elect to include nontaxable military combat pay in earned income for California purposes, whether or not you elect to include it for federal purposes.
(forms)(2021)(2021-3514-instructions)(block-29)Line 18 – Business income or (loss)#
If you are self-employed and have net earnings from self-employment, go to Worksheet 3 to figure your business income or loss. Attach a copy of your complete federal return, including any federal Schedule C (Form 1040), Profit or Loss From Business, Schedule F (Form 1040), Profit or Loss From Farming, Schedule SE (Form 1040), and any Schedule K-1 (Form 1065), Partner’s Share of Income, Deductions, Credits, etc.
Employees and independent contractors - If the taxpayer’s classification for California and federal purposes is different, enter the earned income as wages on line 13 or as business income on line 18 based on the federal classification of income. For example, a taxpayer may be classified as an independent contractor for federal purposes, but as an employee for California purposes. Based on this example, this taxpayer would enter their income as business income on form FTB 3514, line 18. Use your federal classification for EITC purposes only and for all other purposes such as completing other tax forms, schedules, etc., use your California classification.
(forms)(2021)(2021-3514-instructions)(block-30)Worksheet 3 – Business Income or (Loss)#
Business income or (loss). Enter the amount from federal Schedule 1 (Form 1040), line 3.
Farm income or (loss). Enter the amount from federal Schedule 1 (Form 1040), line 6.
Self-employment earnings from partnerships reported on K-1s. Enter the net profit (or loss) from federal Schedule K-1 (Form 1065), box 14, code A.
Deductible part of self-employment tax. Enter the amount from federal Schedule 1 (Form 1040), line 15.
Total business income or (loss). Add line 1, line 2, line 3, and subtract line 4. Enter the amount here and on form FTB 3514, line 18.
(forms)(2021)(2021-3514-instructions)(block-31)Lines 18 a-e Business information#
Enter your business information in the spaces provided. If you have multiple businesses, use the information from the schedule with the largest net profit (loss).
(forms)(2021)(2021-3514-instructions)(block-32)Line b – Business address#
Enter your business address. Show a street address instead of a box number. Include the suite or room number, if any.
(forms)(2021)(2021-3514-instructions)(block-33)Line c – Business license number#
Enter your business license number. A business license number is a reference number from a county, city, or state that allows you to engage in a specific business activity within the designated area. If you do not have a business license number, leave line c blank.
(forms)(2021)(2021-3514-instructions)(block-34)Line d – SEIN#
Enter your state employer identification number (SEIN) issued by the California Employment Development Department. If you do not have a SEIN, leave line d blank.
(forms)(2021)(2021-3514-instructions)(block-35)Line e – Business code#
Use the six-digit code from federal Schedule C (Form 1040) or Schedule F (Form 1040), box B.
After completing Step 5, line 18e go to Step 6.
(forms)(2021)(2021-3514-instructions)(block-36)Step 6 How to Figure the CA EITC#
Complete the California Earned Income Tax Credit Worksheet below. If you file Form 540 or 540 2EZ, after completing Step 6, skip Step 7 and go to Step 8. If you file a Form 540NR, after completing Step 6, go to Step 7.
(forms)(2021)(2021-3514-instructions)(block-37)Part I – All Filers#
Enter your California earned income from form FTB 3514, line 19. If the amount is zero or less, stop here.
Look up the amount on line 1 in the EITC Table to find the credit. Be sure you use the correct column for the number of qualifying children you have. Enter the credit here If the amount on line 2 is zero, stop here. You cannot take the credit.
Enter the amount from federal Form 1040 or 1040-SR, line 11 (federal AGI).
Are the amounts on lines 1 and 3 the same? Yes Skip line 5; and enter the amount from line 2 on line 6. No Go to line 5.
(forms)(2021)(2021-3514-instructions)(block-38)Part II – Filers who Answered “No” on Line 4#
If you have:
No qualifying children, is the amount on line 3 less than $3,922?
1 qualifying child, is the amount on line 3 less than $5,890?
2 or more qualifying children, is the amount on line 3 less than $8,268? Yes Leave line 5 blank; enter the amount from line 2 on line 6. No Look up the amount on line 3 in the EITC Table to find the credit. Be sure you use the correct column for the number of qualifying children you have. Enter the credit here. Compare the amounts on line 5 and line 2, enter the smaller amount on line 6.
(forms)(2021)(2021-3514-instructions)(block-39)Part III – Your Earned Income Tax Credit#
This is your California earned income tax credit. Enter this amount on form FTB 3514, line 20.
(forms)(2021)(2021-3514-instructions)(block-40)Step 7 How to Figure the Nonresident or Part-Year Resident EITC#
If you file Form 540 or 540 2EZ, skip Step 7 and go to Step 8.
(forms)(2021)(2021-3514-instructions)(block-41)Line 21 –CA Exemption Credit Percentage#
If you file a Form 540NR, enter your CA Exemption Credit Percentage from Form 540NR, line 38 on form FTB 3514, line 21. However, if your total taxable income was less than zero and you entered $0 on Form 540NR, line 19, complete Worksheet 4 below to compute the correct CA Exemption Credit Percentage to enter on form FTB 3514, line 21.
(forms)(2021)(2021-3514-instructions)(block-42)Worksheet 4 – CA Exemption Credit Percentage#
Complete this worksheet only if you are a nonresident or part-year resident with negative total taxable income and you entered zero on Form 540NR, line 19.
Part I - Total Taxable Income
Enter the amount from Form 540NR, line 17. If a negative amount, enter as negative.
Enter the amount from Form 540NR, line 18.
Total Taxable Income. Subtract line 2 from line 1. Enter the negative result here.
Part II - California Taxable Income
Enter the amount from Schedule CA (540NR), Part IV, line 1. If a negative amount, enter as negative.
Enter the amount from Schedule CA (540NR), Part IV, line 4.
California Taxable Income. Subtract line 5 from line 4. If a negative amount, enter as negative.
Part III - CA Exemption Credit Percentage
Subtract line 6 from line 3. If a negative amount, enter as negative.
Enter the amount from line 3 as a positive amount.
Divide line 7 by line 8. Enter amount as a decimal.
CA Exemption Credit Percentage. Subtract line 9 from 1.000. If more than 1, enter 1.000. If less than zero, enter 0. Enter the result as a decimal here and on form FTB 3514, line 21 or line 29.
(forms)(2021)(2021-3514-instructions)(block-43)Line 22 – Nonresident or Part-Year Resident EITC#
Multiply line 20 by line 21 and enter the result on form FTB 3514, line 22. This amount should also be entered on Form 540NR, line 85.
(forms)(2021)(2021-3514-instructions)(block-44)Step 8 Qualifications for Young Child Tax Credit (YCTC)#
To qualify for the YCTC, you must meet all of the following:
You have been allowed the CA EITC on this form.
You have at least one qualifying child for the CA EITC.
Your qualifying child is younger than six years old as of the last day of the taxable year.
Caution: If you do not meet all of the above requirements, you cannot take this credit.
If you meet all of the above requirements, complete Part VII, Young Child Tax Credit. If you are a nonresident or part-year resident, also complete Part VIII, Nonresident or Part-Year Resident Young Child Tax Credit.
For taxable years beginning on or after January 1, 2020, California expanded YCTC eligibility to a qualifying child who is younger than 6 years old as of the last day of the taxable year, who has a valid federal ITIN. The child must be a qualifying child of an eligible individual, or the eligible individual’s spouse (if married), who have a valid federal ITIN.
Note: If your qualifying child is younger than six years old as of the last day of the taxable year, you must list that child information under Part III, Qualifying Child Information, Child 1, Child 2 or Child 3 column. Do not include any child younger than six years old as an attachment to the form FTB 3514.
(forms)(2021)(2021-3514-instructions)(block-45)Line 23 – California Earned Income#
CA earned income for purposes of the YCTC is the same as for the CA EITC. Enter the amount from form FTB 3514, line 19.
(forms)(2021)(2021-3514-instructions)(block-46)Line 25 - Excess Earned Income over threshold#
Subtract the $25,000 threshold amount from your CA earned income entered on line 23 and enter the excess amount on line 25.
(forms)(2021)(2021-3514-instructions)(block-47)Line 26 and Line 27#
For every $100 over the threshold amount, your credit is reduced by $20.
(forms)(2021)(2021-3514-instructions)(block-48)Line 28#
This is the amount of your allowable YCTC to claim on your tax return. This amount should also be entered on Form 540, line 76; or Form 540 2EZ, line 24. If you file Form 540 or 540 2EZ, stop here, do not go to Step 9.
(forms)(2021)(2021-3514-instructions)(block-49)Line 29#
If you file a Form 540NR, enter your CA Exemption Credit Percentage from Form 540NR, line 38 on form FTB 3514, line 29. However, if you completed Worksheet 4, enter the CA Exemption Credit Percentage from Worksheet 4, line 10 on form FTB 3514, line 29.
(forms)(2021)(2021-3514-instructions)(block-50)Line 30#
Multiply line 28 by line 29 and enter the result on form FTB 3514, line 30. This amount should also be entered on Form 540NR, line 86.
(forms)(2021)(2021-3514-instructions)(block-51)Franchise Tax Board Privacy Notice on Collection#
Our privacy notice can be found in annual tax booklets or online. Go to ftb.ca.gov/privacy to learn about our privacy policy statement, or go to ftb.ca.gov/forms and search for 1131 to locate FTB 1131 EN-SP, Franchise Tax Board Privacy Notice on Collection. To request this notice by mail, call 800-338-0505 and enter form code 948 when instructed.
(forms)(2021)(2021-3514-instructions)(block-52)2021 Earned Income Tax Credit Table#
Caution: This is not a tax table.
To find your credit, read down the “At least - But not over” columns and find the line that includes the amount you were told to look up from your California Earned Income Tax Credit Worksheet.
Then, go to the column that includes the number of qualifying children you have. Enter the credit from that column on your California Earned Income Tax Credit Worksheet.
If the amount you are looking up from the worksheet is - And your number of qualifying children is - At least But Not Over 0 1 2 3 Your credit is - 1 50 2 7 9 10 51 100 5 22 26 29 101 150 8 36 43 48 151 200 11 51 60 67 201 250 15 65 77 86 251 300 18 80 94 105 301 350 21 94 111 125 351 400 24 109 128 144 401 450 28 123 145 163 451 500 31 137 162 182 501 550 34 152 179 201 551 600 37 166 196 220 601 650 41 181 213 239 651 700 44 195 230 258 701 750 47 210 247 278 751 800 50 224 264 297 801 850 54 239 281 316 851 900 57 253 298 335 901 950 60 267 315 354 951 1000 63 282 332 373 1001 1050 67 296 349 392 1051 1100 70 311 366 411 1101 1150 73 325 383 431 1151 1200 76 340 400 450 1201 1250 80 354 417 469 1251 1300 83 369 434 488 1301 1350 86 383 451 507 1351 1400 89 398 468 526 1401 1450 93 412 485 545 1451 1500 96 426 502 564 1501 1550 99 441 519 584 1551 1600 102 455 536 603 1601 1650 106 470 553 622 1651 1700 109 484 570 641 1701 1750 112 499 587 660 1751 1800 115 513 604 679 1801 1850 119 528 621 698 1851 1900 122 542 638 717 1901 1950 125 556 655 737 1951 2000 128 571 672 756 2001 2050 132 585 689 775 2051 2100 135 600 706 794 2101 2150 138 614 723 813 2151 2200 141 629 740 832 2201 2250 145 643 757 851 2251 2300 148 658 774 870 2301 2350 151 672 791 890 2351 2400 154 687 808 909 2401 2450 158 701 825 928 2451 2500 161 715 842 947 2501 2550 164 730 859 966 2551 2600 167 744 876 985 2601 2650 171 759 893 1004 2651 2700 174 773 910 1023 2701 2750 177 788 927 1043 2751 2800 180 802 944 1062 2801 2850 184 817 961 1081 2851 2900 187 831 978 1100 2901 2950 190 845 995 1119 2951 3000 193 860 1012 1138 3001 3050 197 874 1029 1157 3051 3100 200 889 1046 1176 3101 3150 203 903 1063 1196 3151 3200 206 918 1080 1215 3201 3250 210 932 1097 1234 3251 3300 213 947 1114 1253 3301 3350 216 961 1131 1272 3351 3400 219 976 1148 1291 3401 3450 223 990 1165 1310 3451 3500 226 1004 1182 1329 3501 3550 229 1019 1199 1349 3551 3600 232 1033 1216 1368 3601 3650 236 1048 1233 1387 3651 3700 239 1062 1250 1406 3701 3750 242 1077 1267 1425 3751 3800 246 1091 1284 1444 3801 3850 249 1106 1301 1463 3851 3900 252 1120 1318 1482 3901 3950 255 1134 1335 1502 3951 4000 252 1149 1352 1521 4001 4050 248 1163 1369 1540 4051 4100 245 1178 1386 1559 4101 4150 242 1192 1403 1578 4151 4200 239 1207 1420 1597 4201 4250 235 1221 1437 1616 4251 4300 232 1236 1454 1635 4301 4350 229 1250 1471 1655 4351 4400 226 1265 1488 1674 4401 4450 222 1279 1505 1693 4451 4500 219 1293 1522 1712 4501 4550 216 1308 1539 1731 4551 4600 213 1322 1556 1750 4601 4650 212 1337 1573 1769 4651 4700 211 1351 1590 1788 4701 4750 211 1366 1607 1808 4751 4800 211 1380 1624 1827 4801 4850 210 1395 1641 1846 4851 4900 210 1409 1658 1865 4901 4950 209 1423 1675 1884 4951 5000 209 1438 1692 1903 5001 5050 209 1452 1709 1922 5051 5100 208 1467 1726 1941 5101 5150 208 1481 1743 1961 5151 5200 207 1496 1760 1980 5201 5250 207 1510 1777 1999 5251 5300 206 1525 1794 2018 5301 5350 206 1539 1811 2037 5351 5400 206 1554 1828 2056 5401 5450 205 1568 1845 2075 5451 5500 205 1582 1862 2094 5501 5550 204 1597 1879 2114 5551 5600 204 1611 1896 2133 5601 5650 204 1626 1913 2152 5651 5700 203 1640 1930 2171 5701 5750 203 1655 1947 2190 5751 5800 202 1669 1964 2209 5801 5850 202 1684 1981 2228 5851 5900 201 1698 1998 2247 5901 5950 201 1692 2015 2267 5951 6000 201 1678 2032 2286 6001 6050 200 1663 2049 2305 6051 6100 200 1649 2066 2324 6101 6150 199 1634 2083 2343 6151 6200 199 1620 2100 2362 6201 6250 199 1605 2117 2381 6251 6300 198 1591 2134 2400 6301 6350 198 1576 2151 2420 6351 6400 197 1562 2168 2439 6401 6450 197 1547 2185 2458 6451 6500 196 1533 2202 2477 6501 6550 196 1519 2219 2496 6551 6600 196 1504 2236 2515 6601 6650 195 1490 2253 2534 6651 6700 195 1475 2270 2553 6701 6750 194 1461 2287 2573 6751 6800 194 1446 2304 2592 6801 6850 194 1432 2321 2611 6851 6900 193 1417 2338 2630 6901 6950 193 1403 2355 2649 6951 7000 192 1389 2372 2668 7001 7050 192 1374 2389 2687 7051 7100 191 1360 2406 2706 7101 7150 191 1345 2423 2726 7151 7200 191 1331 2440 2745 7201 7250 190 1316 2457 2764 7251 7300 190 1302 2474 2783 7301 7350 189 1287 2491 2802 7351 7400 189 1273 2508 2821 7401 7450 189 1258 2525 2840 7451 7500 188 1244 2542 2859 7501 7550 188 1230 2559 2879 7551 7600 187 1215 2576 2898 7601 7650 187 1201 2593 2917 7651 7700 186 1186 2610 2936 7701 7750 186 1172 2627 2955 7751 7800 186 1157 2644 2974 7801 7850 185 1143 2661 2993 7851 7900 185 1128 2678 3012 7901 7950 184 1114 2695 3032 7951 8000 184 1100 2712 3051 8001 8050 184 1085 2729 3070 8051 8100 183 1071 2746 3089 8101 8150 183 1056 2763 3108 8151 8200 182 1042 2780 3127 8201 8250 182 1027 2797 3146 8251 8300 181 1013 2809 3160 8301 8350 181 998 2792 3141 8351 8400 181 984 2775 3121 8401 8450 180 969 2758 3102 8451 8500 180 955 2741 3083 8501 8550 179 941 2724 3064 8551 8600 179 926 2707 3045 8601 8650 179 912 2690 3026 8651 8700 178 897 2673 3007 8701 8750 178 883 2656 2988 8751 8800 177 868 2639 2968 8801 8850 177 854 2622 2949 8851 8900 176 839 2605 2930 8901 8950 176 825 2588 2911 8951 9000 176 811 2571 2892 9001 9050 175 796 2554 2873 9051 9100 175 782 2537 2854 9101 9150 174 767 2520 2835 9151 9200 174 753 2503 2815 9201 9250 174 738 2486 2796 9251 9300 173 724 2469 2777 9301 9350 173 709 2452 2758 9351 9400 172 695 2435 2739 9401 9450 172 680 2418 2720 9451 9500 171 666 2401 2701 9501 9550 171 652 2384 2682 9551 9600 171 637 2367 2662 9601 9650 170 623 2350 2643 9651 9700 170 608 2333 2624 9701 9750 169 594 2316 2605 9751 9800 169 579 2299 2586 9801 9850 169 565 2282 2567 9851 9900 168 550 2265 2548 9901 9950 168 536 2248 2529 9951 10000 167 534 2231 2509 10001 10050 167 533 2214 2490 10051 10100 166 531 2197 2471 10101 10150 166 530 2180 2452 10151 10200 166 529 2163 2433 10201 10250 165 527 2146 2414 10251 10300 165 526 2129 2395 10301 10350 164 525 2112 2376 10351 10400 164 523 2095 2356 10401 10450 164 522 2078 2337 10451 10500 163 521 2061 2318 10501 10550 163 519 2044 2299 10551 10600 162 518 2027 2280 10601 10650 162 517 2010 2261 10651 10700 161 515 1993 2242 10701 10750 161 514 1976 2223 10751 10800 161 513 1959 2203 10801 10850 160 511 1942 2184 10851 10900 160 510 1925 2165 10901 10950 159 509 1908 2146 10951 11000 159 507 1891 2127 11001 11050 159 506 1874 2108 11051 11100 158 505 1857 2089 11101 11150 158 503 1840 2070 11151 11200 157 502 1823 2050 11201 11250 157 501 1806 2031 11251 11300 156 499 1789 2012 11301 11350 156 498 1772 1993 11351 11400 156 497 1755 1974 11401 11450 155 495 1738 1955 11451 11500 155 494 1721 1936 11501 11550 154 493 1704 1917 11551 11600 154 491 1687 1897 11601 11650 154 490 1670 1878 11651 11700 153 489 1653 1859 11701 11750 153 487 1636 1840 11751 11800 152 486 1619 1821 11801 11850 152 485 1602 1802 11851 11900 151 483 1585 1783 11901 11950 151 482 1568 1764 11951 12000 151 481 1551 1744 12001 12050 150 479 1534 1725 12051 12100 150 478 1517 1706 12101 12150 149 477 1500 1687 12151 12200 149 475 1483 1668 12201 12250 149 474 1466 1649 12251 12300 148 473 1449 1630 12301 12350 148 471 1432 1611 12351 12400 147 470 1415 1591 12401 12450 147 469 1398 1572 12451 12500 146 467 1381 1553 12501 12550 146 466 1364 1534 12551 12600 146 465 1347 1515 12601 12650 145 463 1330 1496 12651 12700 145 462 1313 1477 12701 12750 144 461 1296 1458 12751 12800 144 459 1279 1438 12801 12850 144 458 1262 1419 12851 12900 143 457 1245 1400 12901 12950 143 455 1228 1381 12951 13000 142 454 1211 1362 13001 13050 142 453 1194 1343 13051 13100 141 451 1177 1324 13101 13150 141 450 1160 1305 13151 13200 141 449 1143 1285 13201 13250 140 447 1126 1266 13251 13300 140 446 1109 1247 13301 13350 139 445 1092 1228 13351 13400 139 443 1075 1209 13401 13450 139 442 1058 1190 13451 13500 138 441 1041 1171 13501 13550 138 439 1024 1152 13551 13600 137 438 1007 1132 13601 13650 137 437 990 1113 13651 13700 136 435 973 1094 13701 13750 136 434 956 1075 13751 13800 136 433 939 1056 13801 13850 135 431 922 1037 13851 13900 135 430 905 1018 13901 13950 134 429 888 999 13951 14000 134 427 871 979 14001 14050 134 426 854 960 14051 14100 133 425 837 941 14101 14150 133 423 820 922 14151 14200 132 422 803 903 14201 14250 132 421 786 884 14251 14300 131 419 769 865 14301 14350 131 418 752 846 14351 14400 131 417 735 826 14401 14450 130 415 718 807 14451 14500 130 414 701 788 14501 14550 129 413 684 769 14551 14600 129 411 667 750 14601 14650 129 410 650 731 14651 14700 128 409 633 712 14701 14750 128 407 616 693 14751 14800 127 406 599 673 14801 14850 127 405 582 654 14851 14900 126 403 565 635 14901 14950 126 402 548 616 14951 15000 126 401 535 597 15001 15050 125 399 533 578 15051 15100 125 398 532 559 15101 15150 124 397 530 540 15151 15200 124 395 528 534 15201 15250 124 394 526 532 15251 15300 123 393 525 530 15301 15350 123 391 523 529 15351 15400 122 390 521 527 15401 15450 122 389 519 525 15451 15500 121 387 517 523 15501 15550 121 386 516 521 15551 15600 121 385 514 520 15601 15650 120 383 512 518 15651 15700 120 382 510 516 15701 15750 119 381 509 514 15751 15800 119 379 507 512 15801 15850 119 378 505 511 15851 15900 118 377 503 509 15901 15950 118 375 501 507 15951 16000 117 374 500 505 16001 16050 117 373 498 503 16051 16100 116 371 496 502 16101 16150 116 370 494 500 16151 16200 116 369 492 498 16201 16250 115 367 491 496 16251 16300 115 366 489 494 16301 16350 114 365 487 493 16351 16400 114 363 485 491 16401 16450 114 362 484 489 16451 16500 113 361 482 487 16501 16550 113 359 480 485 16551 16600 112 358 478 484 16601 16650 112 357 476 482 16651 16700 111 355 475 480 16701 16750 111 354 473 478 16751 16800 111 353 471 476 16801 16850 110 351 469 475 16851 16900 110 350 468 473 16901 16950 109 348 466 471 16951 17000 109 347 464 469 17001 17050 109 346 462 467 17051 17100 108 344 460 466 17101 17150 108 343 459 464 17151 17200 107 342 457 462 17201 17250 107 340 455 460 17251 17300 106 339 453 458 17301 17350 106 338 452 457 17351 17400 106 336 450 455 17401 17450 105 335 448 453 17451 17500 105 334 446 451 17501 17550 104 332 444 449 17551 17600 104 331 443 448 17601 17650 104 330 441 446 17651 17700 103 328 439 444 17701 17750 103 327 437 442 17751 17800 102 326 435 440 17801 17850 102 324 434 439 17851 17900 101 323 432 437 17901 17950 101 322 430 435 17951 18000 101 320 428 433 18001 18050 100 319 427 431 18051 18100 100 318 425 430 18101 18150 99 316 423 428 18151 18200 99 315 421 426 18201 18250 99 314 419 424 18251 18300 98 312 418 422 18301 18350 98 311 416 421 18351 18400 97 310 414 419 18401 18450 97 308 412 417 18451 18500 96 307 411 415 18501 18550 96 306 409 413 18551 18600 96 304 407 412 18601 18650 95 303 405 410 18651 18700 95 302 403 408 18701 18750 94 300 402 406 18751 18800 94 299 400 404 18801 18850 94 298 398 403 18851 18900 93 296 396 401 18901 18950 93 295 395 399 18951 19000 92 294 393 397 19001 19050 92 292 391 395 19051 19100 91 291 389 394 19101 19150 91 290 387 392 19151 19200 91 288 386 390 19201 19250 90 287 384 388 19251 19300 90 286 382 386 19301 19350 89 284 380 385 19351 19400 89 283 379 383 19401 19450 89 282 377 381 19451 19500 88 280 375 379 19501 19550 88 279 373 377 19551 19600 87 278 371 375 19601 19650 87 276 370 374 19651 19700 86 275 368 372 19701 19750 86 274 366 370 19751 19800 86 272 364 368 19801 19850 85 271 362 366 19851 19900 85 270 361 365 19901 19950 84 268 359 363 19951 20000 84 267 357 361 20001 20050 84 266 355 359 20051 20100 83 264 354 357 20101 20150 83 263 352 356 20151 20200 82 262 350 354 20201 20250 82 260 348 352 20251 20300 81 259 346 350 20301 20350 81 258 345 348 20351 20400 81 256 343 347 20401 20450 80 255 341 345 20451 20500 80 254 339 343 20501 20550 79 252 338 341 20551 20600 79 251 336 339 20601 20650 79 250 334 338 20651 20700 78 248 332 336 20701 20750 78 247 330 334 20751 20800 77 246 329 332 20801 20850 77 244 327 330 20851 20900 76 243 325 329 20901 20950 76 242 323 327 20951 21000 76 240 322 325 21001 21050 75 239 320 323 21051 21100 75 238 318 321 21101 21150 74 236 316 320 21151 21200 74 235 314 318 21201 21250 74 234 313 316 21251 21300 73 232 311 314 21301 21350 73 231 309 312 21351 21400 72 230 307 311 21401 21450 72 228 306 309 21451 21500 71 227 304 307 21501 21550 71 226 302 305 21551 21600 71 224 300 303 21601 21650 70 223 298 302 21651 21700 70 222 297 300 21701 21750 69 220 295 298 21751 21800 69 219 293 296 21801 21850 69 218 291 294 21851 21900 68 216 289 293 21901 21950 68 215 288 291 21951 22000 67 214 286 289 22001 22050 67 212 284 287 22051 22100 66 211 282 285 22101 22150 66 210 281 284 22151 22200 66 208 279 282 22201 22250 65 207 277 280 22251 22300 65 206 275 278 22301 22350 64 204 273 276 22351 22400 64 203 272 275 22401 22450 64 202 270 273 22451 22500 63 200 268 271 22501 22550 63 199 266 269 22551 22600 62 198 265 267 22601 22650 62 196 263 266 22651 22700 61 195 261 264 22701 22750 61 194 259 262 22751 22800 61 192 257 260 22801 22850 60 191 256 258 22851 22900 60 190 254 257 22901 22950 59 188 252 255 22951 23000 59 187 250 253 23001 23050 59 186 249 251 23051 23100 58 184 247 249 23101 23150 58 183 245 248 23151 23200 57 182 243 246 23201 23250 57 180 241 244 23251 23300 56 179 240 242 23301 23350 56 178 238 240 23351 23400 56 176 236 239 23401 23450 55 175 234 237 23451 23500 55 174 232 235 23501 23550 54 172 231 233 23551 23600 54 171 229 231 23601 23650 54 170 227 230 23651 23700 53 168 225 228 23701 23750 53 167 224 226 23751 23800 52 166 222 224 23801 23850 52 164 220 222 23851 23900 51 163 218 221 23901 23950 51 162 216 219 23951 24000 51 160 215 217 24001 24050 50 159 213 215 24051 24100 50 158 211 213 24101 24150 49 156 209 212 24151 24200 49 155 208 210 24201 24250 49 154 206 208 24251 24300 48 152 204 206 24301 24350 48 151 202 204 24351 24400 47 150 200 203 24401 24450 47 148 199 201 24451 24500 46 147 197 199 24501 24550 46 146 195 197 24551 24600 46 144 193 195 24601 24650 45 143 192 193 24651 24700 45 142 190 192 24701 24750 44 140 188 190 24751 24800 44 139 186 188 24801 24850 44 138 184 186 24851 24900 43 136 183 184 24901 24950 43 135 181 183 24951 25000 42 134 179 181 25001 25050 42 132 177 179 25051 25100 41 131 176 177 25101 25150 41 130 174 175 25151 25200 41 128 172 174 25201 25250 40 127 170 172 25251 25300 40 126 168 170 25301 25350 39 124 167 168 25351 25400 39 123 165 166 25401 25450 39 122 163 165 25451 25500 38 120 161 163 25501 25550 38 119 159 161 25551 25600 37 118 158 159 25601 25650 37 116 156 157 25651 25700 36 115 154 156 25701 25750 36 114 152 154 25751 25800 36 112 151 152 25801 25850 35 111 149 150 25851 25900 35 110 147 148 25901 25950 34 108 145 147 25951 26000 34 107 143 145 26001 26050 34 106 142 143 26051 26100 33 104 140 141 26101 26150 33 103 138 139 26151 26200 32 102 136 138 26201 26250 32 100 135 136 26251 26300 31 99 133 134 26301 26350 31 98 131 132 26351 26400 31 96 129 130 26401 26450 30 95 127 129 26451 26500 30 94 126 127 26501 26550 29 92 124 125 26551 26600 29 91 122 123 26601 26650 29 90 120 121 26651 26700 28 88 119 120 26701 26750 28 87 117 118 26751 26800 27 86 115 116 26801 26850 27 84 113 114 26851 26900 26 83 111 112 26901 26950 26 82 110 111 26951 27000 26 80 108 109 27001 27050 25 79 106 107 27051 27100 25 78 104 105 27101 27150 24 76 102 103 27151 27200 24 75 101 102 27201 27250 24 74 99 100 27251 27300 23 72 97 98 27301 27350 23 71 95 96 27351 27400 22 70 94 94 27401 27450 22 68 92 93 27451 27500 21 67 90 91 27501 27550 21 66 88 89 27551 27600 21 64 86 87 27601 27650 20 63 85 85 27651 27700 20 62 83 84 27701 27750 19 60 81 82 27751 27800 19 59 79 80 27801 27850 19 58 78 78 27851 27900 18 56 76 76 27901 27950 18 55 74 75 27951 28000 17 54 72 73 28001 28050 17 52 70 71 28051 28100 16 51 69 69 28101 28150 16 50 67 67 28151 28200 16 48 65 66 28201 28250 15 47 63 64 28251 28300 15 46 62 62 28301 28350 14 44 60 60 28351 28400 14 43 58 58 28401 28450 14 42 56 57 28451 28500 13 40 54 55 28501 28550 13 39 53 53 28551 28600 12 38 51 51 28601 28650 12 36 49 49 28651 28700 12 35 47 48 28701 28750 11 34 46 46 28751 28800 11 32 44 44 28801 28850 10 31 42 42 28851 28900 10 30 40 40 28901 28950 9 28 38 39 28951 29000 9 27 37 37 29001 29050 9 26 35 35 29051 29100 8 24 33 33 29101 29150 8 23 31 31 29151 29200 7 22 29 30 29201 29250 7 20 28 28 29251 29300 7 19 26 26 29301 29350 6 18 24 24 29351 29400 6 16 22 22 29401 29450 5 15 21 21 29451 29500 5 14 19 19 29501 29550 4 12 17 17 29551 29600 4 11 15 15 29601 29650 4 10 13 13 29651 29700 3 8 12 11 29701 29750 3 7 10 10 29751 29800 2 6 8 8 29801 29850 2 4 6 6 29851 29900 2 3 5 4 29901 29950 1 2 3 2 29951 30000 1 1 1 1
(forms)(2021)(2021-3526)2021 Form FTB 3526, Investment Interest Expense Deduction#
(forms)(2021)(2021-3526)(document-1)#
TAXABLE YEAR 2021 Investment Interest Expense Deduction CALIFORNIA FORM 3526 Attach to Form 540, Form 540NR, or Form 541. Name(s) as shown on tax return SSN, ITIN, or FEIN 1 Investment interest expense paid or accrued in 2021. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 00 - . . . . . . . . . . . . . . . . . . 2 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4a 00 . . . . . . . . . . .4b 00 . . . . . .4c 00 - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00 00 00 00 00 00 00 00 00 2 Disallowed investment interest expense from 2020 form FTB 3526, line 7. If zero or less, enter 0 3 Total investment interest expense. Add line 1 and line 2
4a Gross income from property held for investment (excluding any net gain from the disposition of property held for investment). See instructions
4b Net gain from the disposition of property held for investment. See instructions
4c Net capital gain from the disposition of property held for investment. See instructions 4d Subtract line 4c from line 4b. If zero or less, enter 0 - - 4d
4e Enter all or part of the amount on line 4c that you elect to include in investment income. Do not include more than the amount on line 4b. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4f Investment income. Add line 4a, line 4d, and line 4e 5 Investment expenses. See instructions 6 Net investment income. Subtract line 5 from line 4f 7 Disallowed investment interest expense to be carried forward to 2022. Subtract line 6 from line 3. If zero or less, enter 0
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8 Investment interest expense deduction. Enter the smaller of line 3 or line 6. Form 541 filers, stop here and see instructions. All other filers, go to line 9
9 Enter the amount from federal Form 4952, line 8
10 California investment interest expense deduction adjustment. Enter the difference between line 8 and line 9. See instructions.
General Information In general, for taxable years beginning on or after January 1, 2015, California law conforms to the Internal Revenue Code (IRC) as of January 1, 2015. However, there are continuing differences between California and federal law. When California conforms to federal tax law changes, we do not always adopt all of the changes made at the federal level. For more information, go to ftb.ca.gov and search for conformity. Additional information can be found in FTB Pub. 1001, Supplemental Guidelines to California Adjustments, the instructions for California Schedule CA (540), California Adjustments — Residents, or Schedule CA (540NR), California Adjustments — Nonresidents or Part-Year Residents, and the Business Entity tax booklets. The instructions provided with California tax forms are a summary of California tax law and are only intended to aid taxpayers in preparing their state income tax returns. We include information that is most useful to the greatest number of taxpayers in the limited space available. It is not possible to include all requirements of the California Revenue and Taxation Code (R&TC) in the instructions. Taxpayers should not consider the instructions as authoritative law. A Purpose Use form FTB 3526, Investment Interest Expense Deduction, to figure the amount of investment interest expense deductible for the current year and the amount, if any, to carry forward to future years. Interest expense paid by an individual, estate, or trust on a loan For Privacy Notice, get FTB 1131 EN-SP. allocable to property held for investment may not be fully deductible in the current year. Net capital gain from the disposition of property held for investment is excluded from investment income when figuring the investment interest limitation. However, taxpayers may elect to include in their investment income as much of their net capital gain investment income as they choose, if they also reduce the amount of net capital gain eligible for the special federal capital gain tax rate. This form allows you to make a separate California election to include net capital gain investment income in the calculation of the investment interest limitation. However, California taxes all income at the same rate. Consider the effect on your California tax before making a separate California election or applying the federal election for California purposes. B Who Must File If you are an individual, estate, or trust and you claim a deduction for investment interest expense, you must complete and attach form FTB 3526 to your tax return. Exception: You do not have to file form FTB 3526 if all of the following apply: • Your only investment income was from interest or dividends. • You have no other deductible expenses connected with the production of interest or dividends. • Your investment interest expense is not more than your investment income. • You have no disallowed investment interest expense from 2020. 7321213 Specifc Line Instructions Generally, California law for the investment interest expense deduction follows federal law. Get the instructions for federal Form 4952, Investment Interest Expense Deduction, for more information. Get federal Publication 550, Investment Income and Expenses, to determine your investment interest expense deduction if you have interest income or expense attributable to a working interest in oil or gas property or if you paid or accrued interest on a loan and you used the proceeds of the loan for more than one purpose. Line 1 Enter the investment interest paid or accrued during the taxable year, regardless of when you incurred the indebtedness. Investment interest expense is interest paid or accrued on a loan (or part of a loan) that is allocable to property held for investment. Include investment interest expense reported to you on Schedules K-1 (100S, 541, 565, or 568), Share of Income, Deductions, Credits, etc. Include amortization of bond premiums on taxable bonds purchased after October 22, 1986, but before January 1, 1988, unless you elected to offset amortizable bond premiums against the interest payments on the bond. A taxable bond is a bond on which the interest is includible in gross income. Investment interest expense does not include: • Qualified residence interest. • Interest expense that is properly allocable to a passive activity. See “Passive Activities.” FTB 3526 2021 Side 1
Page 2 FTB 3526 Instructions 2021
• Interest expense that is capitalized, such as construction interest subject to IRC Section 263A. • Interest expense related to tax-exempt interest income under R&TC Section
17280. Property Held for Investment. Property held for investment includes property that produces investment income (unless derived in the ordinary course of a trade or business). It also includes property that produces gain or loss, not derived in the ordinary course of a trade or business, from the disposition of property that produces these types of income or is held for investment. However, it does not include an interest in a passive activity. See “Passive Activities.” Property held for investment also includes an interest in an activity of conducting a trade or business in which you did not materially participate and that is not a passive activity. For example, a working interest in an oil or gas property that is not a passive activity is property held for investment if you did not materially participate in the activity. Passive Activities. Generally, a passive activity is any business activity in which you do not materially participate and any rental activity regardless of your level of participation. Investment interest expense does not include any interest expense that is included when determining your income or loss from a passive activity. However, interest expense that is properly allocable to portfolio income is investment interest expense and is not included when determining your income or loss from a passive activity. Portfolio income includes income (not derived in the ordinary course of a trade or business) from interest, dividends, annuities, royalties, and net gain from the disposition of property held for investment. For federal purposes only, rental real estate activities conducted by persons in a real property business are not automatically treated as passive activities. California does not conform to this provision. For more information about passive activities, get the instructions for federal Schedule E (Form 1040), Supplemental Income and Loss. Line 4a Enter your gross income from property held for investment. This includes income (not derived in the ordinary course of a trade or business) from interest, dividends, annuities, and royalties. Net income from the following passive activities is also treated as investment income: • Rental of substantially nondepreciable property. • Equity-financed lending activities. • Acquisition of certain interests in a pass-through entity licensing intangible property. Also, include on line 4a (or line 4b, if applicable) net passive income from a passive activity of a publicly traded partnership, as defined in IRC Section 469(k)(2), investment income reported to you on Schedules K-1 (100S, 541, 565, or 568), and net investment income from an estate or trust. Line 4b Enter your net gain from the disposition of property held for investment. This is the excess of total gains over total losses from the disposition of property held for investment. When figuring this amount, include capital gain distributions from mutual funds. Line 4c Enter your net capital gain from the disposition of property held for investment. This is the excess of your net long-term capital gain over net short-term capital loss from the disposition of property held for investment. Capital gain distributions from mutual funds are treated as long-term capital gains. Line 4e Net capital gain from the disposition of property held for investment, line 4c, is excluded from investment income. However, you may elect to include in investment income all or part of the net capital gain from the disposition of property held for investment. Make the election no later than the due date (including extensions) of your California income tax return. Once made, the election may not be revoked without the consent of the Franchise Tax Board. To make the election, enter all or part of the amount on line 4c, but not more than the amount on line 4b, that you elect to include in investment income. Line 5 Investment expenses are your allowed deductions, other than interest expense, directly connected with the production of investment income. For example, depreciation or depletion allowed on assets that produce investment income is an investment expense. Include investment expenses reported to you on Schedules K-1 (100S, 541, 565, or 568). Investment expenses do not include any deductions taken into account in determining your income or loss from a passive activity. If you have investment expenses that are included as a miscellaneous itemized deduction on Schedule CA (540), Part II, line 21 or Schedule CA (540NR), Part III, line 21, the 2% adjusted gross income limitation on Schedule CA (540), Part II, line 24 or Schedule CA (540NR), Part III, line 24, may reduce the amount you include on form FTB 3526, line 5. If you are a military servicemember domiciled outside of California, recalculate the amount on Schedule CA (540), Part II, line 24 or Schedule CA (540NR), Part III, line 24, excluding your active duty military pay. Include on form FTB 3526, line 5, the smaller of either the investment expenses included on Schedule CA (540), Part II, line 21; Schedule CA (540NR), Part III, line 21; or the total on Schedule CA (540), Part II, line 25; Schedule CA (540NR), Part III, line 25. If you made adjustments to your miscellaneous expenses on Schedule CA (540 or 540NR), be sure to include the adjustments in the calculation. If you reported investment expenses on a form or schedule other than federal Schedule A (Form 1040), Itemized Deductions, include those expenses when figuring investment expenses for line 5. Line 8 Form 541, California Fiduciary Income Tax Return, filers should enter the amount from line 8 on Form 541, line 10. All other filers must complete line 9. At-Risk Activities. If any portion of the deductible investment interest expense on line 8 is attributable to an activity for which you are not at risk, complete federal Form 6198, At-Risk Limitations, (using California amounts) to figure your deductible investment interest expense. After you figure the allowable investment interest expense on form FTB 3526, enter the portion attributable to the at-risk activity on federal Form 6198, line 4. Reduce form FTB 3526, line 8 by the same amount. Refer to federal Form 6198 and its instructions for more details, especially the instructions for line 4 of that form. Line 10 The amount on line 10 is the difference between the deduction allowed by California and federal law. If line 8 is more than line 9, subtract line 9 from line 8. Enter the result on line 10 and on Schedule CA (540), Part II, line 9, column C, or Schedule CA (540NR), Part III, line 9, column C. Be sure to write “FTB 3526” on Schedule CA (540), Part II or Schedule CA (540NR), Part III, line 9. If line 9 is more than line 8, subtract line 8 from line 9. Enter the result on line 10 and on Schedule CA (540), Part II, line 9, column B, or Schedule CA (540NR), Part III, line 9, column B. Write “FTB 3526” on Schedule CA (540), Part II or Schedule CA (540NR), Part III, line 9. If any portion of your investment interest expense on line 8 is attributable to royalties, enter the difference between the California and federal amounts on Schedule CA (540), Part I, or Schedule CA (540NR), Part II, Section B, line 5, column B or column C, as appropriate. Alternative Minimum Tax (AMT). Deductible investment interest expense may be an AMT adjustment. Get Schedule P (540, 540NR, or 541), Alternative Minimum Tax and Credit Limitations, for more information. Franchise Tax Board Privacy Notice on Collection Our privacy notice can be found in annual tax booklets or online. Go to ftb.ca.gov/privacy to learn about our privacy policy statement, or go to ftb.ca.gov/forms and search for 1131 to locate FTB 1131 EN-SP, Franchise Tax Board Privacy Notice on Collection. To request this notice by mail, call 800.338.0505 and enter form code 948 when instructed.
(forms)(2022)(2022-540)2022 Form 540, California Resident Income Tax Return#
(forms)(2022)(2022-540-booklet)2022 Personal Income Tax Booklet (California Forms and Instructions 540)#
(forms)(2022)(2022-540-booklet)(block-1)Important Dates#
When the due date falls on a weekend or holiday, the deadline to file and pay without penalty is extended to the next business day. Due to the federal Emancipation Day holiday observed on April 17, 2023, tax returns filed and payments mailed or submitted on April 18, 2023, will be considered timely.
April 18, 2023* Last day to file and pay the 2022 amount you owe to avoid penalties and interest.* See form FTB 3519 for more information. See " Interest and Penalties " section for information regarding a one-time timeliness penalty abatement. * If you are living or traveling outside the United States on April 18, 2023, the dates for filing your tax return and paying your tax are different. See form FTB 3519 for more information. October 16, 2023 Last day to file or e-file your 2022 tax return to avoid a late filing penalty and interest computed from the original due date of April 18, 2023. April 18, 2023 June 15, 2023 September 15, 2023 January 16, 2024 The dates for 2023 estimated tax payments. Generally, you do not have to make estimated tax payments if the total of your California withholdings is 90 percent of your required annual payment. Also, you do not have to make estimated tax payments if you will pay enough through withholding to keep the amount you owe with your tax return under $500 ($250 if married/registered domestic partner (RDP) filing separately). However, if you do not pay enough tax either through withholding or by making estimated tax payments, you may have an underpayment of estimated tax penalty. Get Form 540-ES instructions for more information.
(forms)(2022)(2022-540-booklet)(block-10)Steps to Determine Filing Requirement#
Step 1 : Is your gross income (all income received from all sources in the form of money, goods, property, and services that are not exempt from tax) more than the amount shown in the California Gross Income chart below for your filing status, age, and number of dependents? If yes, you have a filing requirement. If no, go to Step 2.
(forms)(2022)(2022-540-booklet)(block-11)California Gross Income#
On 12/31/22, my filing status was: and on 12/31/22, my age was: (If your 65th birthday is on January 1, 2023, you are considered to be age 65 on December 31, 2022) 0 dependent 1 dependent 2 or more dependents Single or Head of household Under 65 20,913 35,346 46,171 65 or older 27,913 38,738 47,398 Married/RDP filing jointly Married/RDP filing separately (The income of both spouses/RDPs must be combined; both spouses/RDPs may be required to file a tax return even if only one spouse/RDP had income over the amounts listed.) Under 65 (both spouses/RDPs) 41,830 56,263 67,088 65 or older (one spouse/RDP) 48,830 59,655 68,315 65 or older (both spouses/RDPs) 55,830 66,655 75,315 Qualifying surviving spouse/RDP Under 65 Not Applicable N/A 35,346 46,171 65 or older Not Applicable N/A 38,738 47,398 Dependent of another person – Any filing status Any age More than your standard deduction (Use the California Standard Deduction Worksheet for Dependents to figure your standard deduction.)
Step 2 : Is your adjusted gross income (federal adjusted gross income from all sources reduced or increased by all California income adjustments) more than the amount shown in the California Adjusted Gross Income chart below for your filing status, age, and number of dependents? If yes, you have a filing requirement. If no, go to Step 3.
(forms)(2022)(2022-540-booklet)(block-12)California Adjusted Gross Income#
On 12/31/22, my filing status was: and on 12/31/22, my age was: (If your 65th birthday is on January 1, 2023, you are considered to be age 65 on December 31, 2022) 0 dependent 1 dependent 2 or more dependents Single or Head of household Under 65 16,730 31,163 41,988 65 or older 23,730 34,555 43,215 Married/RDP filing jointly Married/RDP filing separately (The income of both spouses/RDPs must be combined; both spouses/RDPs may be required to file a tax return even if only one spouse/RDP had income over the amounts listed.) Under 65 (both spouses/RDPs) 33,466 47,899 58,724 65 or older (one spouse/RDP) 40,466 51,291 59,951 65 or older (both spouses/RDPs) 47,466 58,291 66,951 Qualifying surviving spouse/RDP Under 65 Not Applicable N/A 31,163 41,988 65 or older Not Applicable N/A 34,555 43,215 Dependent of another person – Any filing status Any age More than your standard deduction (Use the California Standard Deduction Worksheet for Dependents to figure your standard deduction.)
Step 3 : If your income is less than the amounts on the chart you may still have a filing requirement. See “Requirements for Children with Investment Income” and “Other Situations When You Must File.” Do those instructions apply to you? If yes, you have a filing requirement. If no, go to Step 4.
Step 4 : Are you married/RDP filing separately with separate property income? If no, you do not have a filing requirement. If yes, prepare a tax return. If you owe tax, you have a filing requirement.
(forms)(2022)(2022-540-booklet)(block-13)Requirements for Children with Investment Income#
California law conforms to federal law which allows parents’ election to report a child’s interest and dividend income from children under age 19 or a student under age 24 on the parent’s tax return. For each child under age 19 or student under age 24 who received more than $2,300 of investment income in 2022, complete Form 540 and form FTB 3800, Tax Computation for Certain Children with Unearned Income, to figure the tax on a separate Form 540 for your child.
If you qualify, you may elect to report your child’s income of more than $1,150 but less than $11,500 on your tax return by completing form FTB 3803, Parents’ Election to Report Child’s Interest and Dividends. To make this election, your child’s income must be only from interest and/or dividends. To get forms FTB 3800 or FTB 3803, see “ Order Forms and Publications ” or go to ftb.ca.gov/forms .
(forms)(2022)(2022-540-booklet)(block-14)Other Situations When You Must File#
If you have a tax liability for 2022 or owe any of the following taxes for 2022, you must file Form 540.
Tax on a lump-sum distribution.
Tax on a qualified retirement plan including an Individual Retirement Arrangement (IRA) or an Archer Medical Savings Account (MSA).
Tax for children under age 19 or student under age 24 who have investment income greater than $2,300 (see paragraph above).
Alternative minimum tax.
Recapture taxes.
Deferred tax on certain installment obligations.
Tax on an accumulation distribution from a trust.
(forms)(2022)(2022-540-booklet)(block-100)Line 110 – Total Contributions#
Add amounts in code 400 through code 446. Enter the result on line 110.
(forms)(2022)(2022-540-booklet)(block-101)Amount You Owe#
Add or subtract correctly to figure the amount you owe.
(forms)(2022)(2022-540-booklet)(block-102)Line 111 – Amount You Owe#
If you do not have an amount on line 99, add the amount on line 94, line 96, line 100, and line 110, if any. Enter the result on line 111.
If you have an amount on line 99 and the amount on line 110 is more than line 99, subtract line 99 from line 110 and enter the difference on line 111.
To avoid a late filing penalty, file your Form 540 by the extended due date even if you cannot pay the amount you owe.
Mandatory Electronic Payments – You are required to remit all your payments electronically once you make an estimate or extension payment exceeding $20,000 or you file an original return with a total tax liability over $80,000. Once you meet this threshold, all subsequent payments regardless of amount, tax type, or taxable year must be remitted electronically. The first payment that would trigger the mandatory e-pay requirement does not have to be made electronically. Individuals that do not send the payment electronically will be subject to a 1 percent noncompliance penalty.
You can request a waiver from mandatory e-pay if one or more of the following is true:
You have not made an estimated tax or extension payment in excess of $20,000 during the current or previous taxable year.
Your total tax liability reported for the previous taxable year did not exceed $80,000.
The amount you paid is not representative of your total tax liability.
For more information or to obtain the waiver form, go to ftb.ca.gov/e-pay .
Electronic payments can be made using Web Pay on FTB’s website, electronic funds withdrawal (EFW) as part of the e-file return, or your credit card.
(forms)(2022)(2022-540-booklet)(block-103)Payment Options#
Electronic Funds Withdrawal – Instead of paying by check or money order, use this convenient option if you e-file. Simply provide your bank information, amount you want to pay, and the date you want the balance due to be withdrawn from your account. Your tax preparation software will offer this option.
Web Pay – Pay the amount you owe using our secure online payment service. Go to ftb.ca.gov/pay for more information.
Credit Card – Use your Discover, MasterCard, Visa, or American Express card to pay your tax. If you pay by credit card, do not mail form FTB 3519 to us. Call 800-272-9829 or go to the ACI Payments, Inc. (formerly Official Payments) website at officialpayments.com , and use the jurisdiction code 1555. ACI Payments, Inc. charges a convenience fee for using this service.
Check or Money Order – Using black or blue ink, make your check or money order payable to the “Franchise Tax Board.” Do not send cash or other items of value (such as stamps, lottery tickets, foreign currency, and gift cards). Write your SSN or ITIN and “2022 Form 540” as applicable on the check or money order. Enclose, but do not staple, your payment with your tax return. Make all checks or money orders payable in U.S. dollars and drawn against a U.S. financial institution. Do not combine your 2022 tax payment and any 2023 estimated tax payment in the same check. Prepare two separate checks and mail each in a separate envelope. If you e-filed your tax return, mail your check or money order with form FTB 3582, Payment Voucher for Individual e-filed Returns. Do not mail a copy of your e-filed tax return. A penalty may be imposed if your check is returned by your bank for insufficient funds.
Paying by Credit Card – Whether you e-file or file by mail, use your Discover, MasterCard, Visa, or American Express card to pay your personal income taxes (tax return balance due, extension payment, estimated tax payment, or tax due with bill notice). There is a convenience fee for this service . This fee is paid directly to ACI Payments, Inc. based on the amount of your tax payment.
(forms)(2022)(2022-540-booklet)(block-104)Convenience Fee#
2.30 percent of the tax amount charged (rounded to the nearest cent)
Minimum fee: $1
Example :
Tax Payment = $753.56
Convenience Fee = $17.33
(forms)(2022)(2022-540-booklet)(block-105)When will my payments be effective?#
Your payment is effective on the date you charge it.
(forms)(2022)(2022-540-booklet)(block-106)What if I change my mind?#
If you pay your tax liability by credit card and later reverse the credit card transaction, you may be subject to penalties, interest, and other fees imposed by the FTB for nonpayment or late payment of your tax liability.
(forms)(2022)(2022-540-booklet)(block-107)How do I use my credit card to pay my income tax bill?#
Once you have determined the type of payment and how much you owe, have the following ready:
Your Discover, MasterCard, Visa, or American Express card
Credit card number
Expiration date
Amount you are paying
Your and your spouse’s/RDP’s SSN or ITIN
First 4 letters of your and your spouse’s/RDP’s last name
Taxable year
Home phone number (including area code)
ZIP code for address where your monthly credit card bill is sent
FTB Jurisdiction Code: 1555
Go to the ACI Payments, Inc. website at officialpayments.com and select Payment Center , or call 800-2PAY-TAX or 800-272-9829 and follow the recorded instructions. ACI Payments, Inc. provides customer assistance at 877-297-7457 Monday through Friday, 5:00 a.m. to 5:00 p.m. PST. ACI Payments, Inc. will tell you the convenience fee before you complete your transaction. Decide whether to complete the transaction at that time.
Payment Date:
Confirmation Number:
If you cannot pay the full amount or can only make a partial payment for the amount shown on Form 540, line 114, see the information regarding installment payments in Question 4 of the “ Frequently Asked Questions .”
(forms)(2022)(2022-540-booklet)(block-108)Interest and Penalties#
If you file your tax return or pay your tax after the due date, you may owe interest and penalties on the tax due.
Effective for tax years beginning on or after January 1, 2022, you may request a one-time abatement of timeliness penalty if: (1) you were not previously required to file a California personal income tax return or have not previously been granted first-time abatement, (2) you have filed all required returns as of the date of the request for first-time abatement, and (3) you have paid, or are in a current arrangement to pay, all tax currently due.
Do not reduce the amount on line 97 or increase the amount on line 100 by any penalty or interest amounts. Enter on line 112 the amount of interest and penalties.
(forms)(2022)(2022-540-booklet)(block-109)Line 112 – Interest and Penalties#
Interest – Interest will be charged on any late filing or late payment penalty from the original due date of the return to the date paid. In addition, if other penalties are not paid within 15 days, interest will be charged from the date of the billing notice until the date of payment. Interest compounds daily and the interest rate is adjusted twice a year. The FTB website has a chart of interest rates in effect since 1976. Go to ftb.ca.gov and search for interest rates .
Late Filing of Tax Return – If you do not file your tax return by October 16, 2023, you will incur a late filing penalty plus interest from the original due date of the tax return. The maximum total penalty is 25 percent of the tax not paid if the tax return is filed after October 16, 2023. The minimum penalty for filing a tax return more than 60 days late is $135 or 100 percent of the balance due, whichever is less.
Late Payment of Tax – If you fail to pay your total tax liability by April 18, 2023, you will incur a late payment penalty plus interest. The penalty is 5 percent of the tax not paid when due plus 1/2 percent for each month, or part of a month, the tax remains unpaid. We may waive the late payment penalty based on reasonable cause. Reasonable cause is presumed when 90 percent of the tax shown on the return is paid by the original due date of the return. However, the imposition of interest is mandatory. If, after April 18, 2023, you find that your estimate of tax due was too low, pay the additional tax as soon as possible to avoid or minimize further accumulation of penalties and interest.
Late Payment of Use Tax – To avoid late payment penalties for use tax, you must report and pay the use tax with a timely filed income tax return or California Individual Use Tax return.
Other Penalties – We may impose other penalties if a payment is returned for insufficient funds. We may also impose penalties for negligence, substantial understatement of tax, and fraud.
(forms)(2022)(2022-540-booklet)(block-110)Line 113 – Underpayment of Estimated Tax#
You may be subject to an estimated tax penalty if any of the following is true:
Your withholding and credits are less than 90 percent of your current tax year liability.
Your withholding and credits are less than 100 percent of your prior year tax liability (110 percent if AGI is more than $150,000 or $75,000 if married/RDP filing separately).
You did not pay enough through withholding to keep the amount you owe with your tax return under $500 ($250 if married/RDP filing separately).
You did not make the required estimated tax payments, if you pay an installment after the date it is due, or if you underpay any installment, a penalty may be assessed on the portion of estimated tax that was underpaid from the due date of the installment to the date of payment or the due date of your return, whichever is earlier. Get the 2022 form FTB 5805, Underpayment of Estimated Tax by Individuals and Fiduciaries, for more information.
The FTB can figure the penalty for you when you file your tax return and send you a bill.
Is line 100 less than $500 ($250 if married/RDP filing separately)?
Is line 100 less than 10 percent of the amount on line 48 (excluding the tax on lump-sum distributions on line 34)?
The underpayment of estimated tax penalty shall not apply to the extent the underpayment of an installment was created or increased by any provision of law that is chaptered during and operative for the taxable year of the underpayment. To request a waiver of the underpayment of estimated tax penalty, get form FTB 5805 or form FTB 5805F. See “ Where To Get Income Tax Forms and Publications .”
If you complete one of these forms, attach it to the back of your Form 540. Enter the amount of the penalty on line 113 and check the correct box on line 113. Complete and attach the form if you claim a waiver, use the annualized income installment method, or pay tax according to the schedule for farmers and fishermen, even if you do not owe a penalty.
See “ Important Dates ” for more information on estimated tax payments and how to avoid the underpayment penalty.
See the instructions for Form 540, line 114 for information about figuring your payment, if any.
(forms)(2022)(2022-540-booklet)(block-111)Line 114 – Total Amount Due#
Is there an amount on line 111?
Make all checks or money orders payable in U.S. dollars and drawn against a U.S. financial institution.
(forms)(2022)(2022-540-booklet)(block-112)Line 115 – Refund or No Amount Due#
Did you report amounts on line 110, line 112, or line 113?
Less than line 99, subtract the sum of line 110, line 112, and line 113 from line 99 and enter the result on line 115. This is your refund amount.
More than line 99, subtract line 99 from the sum of line 110, line 112, and line 113 and enter the result on line 114. This is your total amount due. For payment options, see line 111 instructions.
(forms)(2022)(2022-540-booklet)(block-113)Line 116 and Line 117 – Direct Deposit of Refund#
Direct deposit is safe and convenient. To have your refund directly deposited into your bank account, fill in the account information on line 116 and line 117. Fill in the routing and account numbers and indicate the account type. Verify routing and account numbers with your financial institution. Do not attach a voided check or deposit slip. See the illustration near the end of the Direct Deposit of Refund instructions.
Individual taxpayers may request that their refund be electronically deposited into more than one checking or savings account. This allows more options for managing your refund. For example, you can request part of your refund go to your checking account to use now and the rest to your savings account to save for later.
The routing number must be nine digits. The first two digits must be 01 through 12 or 21 through 32. On the sample check, the routing number is 250250025. The account number can be up to 17 characters and can include numbers and letters. Include hyphens but omit spaces and special symbols. On the sample check, the account number is 202020.
Check the appropriate box for the type of account. Do not check more than one box for each line.
Enter the portion of your refund you want directly deposited into each account. Each deposit must be at least $1. When filing an original return, the total of line 116 and line 117 must equal the total amount of your refund on line 115. If line 116 and line 117 do not equal line 115, the FTB will issue a paper check.
When filing an amended return, only complete the amended Form 540 through line 115. Next complete the California Schedule X. The amount from Schedule X, line 11 is your additional refund amount. This amount will be carried over to your amended Form 540 and will be entered on line 116 and line 117. The total of the amended Form 540, line 116 and line 117 must equal the total amount of your refund on Schedule X, line 11. If the total of the amended Form 540, line 116 and line 117 do not equal Schedule X, line 11, the FTB will issue a paper check.
Adjusted Refunds – If there is a change made to your refund, you will still receive your refund via direct deposit. For more information on direct deposit of adjusted refunds, go to ftb.ca.gov and search for direct deposit .
Caution : Check with your financial institution to make sure your deposit will be accepted and to get the correct routing and account numbers. The FTB is not responsible for a lost refund due to incorrect account information entered by you or your representative.
Prior to depositing the refund, the FTB may first verify with your financial institution that the name on the account you designated to receive the direct deposit refund matches the name provided on the tax return. Some financial institutions will not allow a joint refund to be deposited to an individual account. If the direct deposit is rejected, the FTB will issue a paper check.
(forms)(2022)(2022-540-booklet)(block-114)Direct Deposit for ScholarShare 529 College Savings Plans#
If you have a ScholarShare 529 College Savings Plan account maintained by the ScholarShare Investment Board, you may have your refund directly deposited to your ScholarShare account. Please visit scholarshare529.com for instructions.
(forms)(2022)(2022-540-booklet)(block-115)Voter Information#
Voter registration information – You may register to vote if you meet these requirements:
You are a United States citizen.
You are a resident of California.
You will be 18 years old by the date of the next election.
You are not in prison or on parole for the conviction of a felony.
For information on voter registration, check the box on Form 540, Side 5, and go to the California Secretary of State website at sos.ca.gov/elections or see "Voting Is Everybody’s Business" section on the Additional Information section.
(forms)(2022)(2022-540-booklet)(block-116)Sign Your Tax Return#
You must sign your tax return in the space provided on Form 540, Side 5. If you file a joint tax return, your spouse/RDP must also sign it.
Include your preferred phone number and email address in case the FTB needs to contact you regarding your tax return. By providing this information, the FTB will be able to provide you better customer service.
Joint Tax Return – If you file a joint tax return, both you and your spouse/RDP are generally responsible for the tax and any interest or penalties due on the tax return. This means that if one spouse/RDP does not pay the tax due, the other may be liable. See “Innocent Joint Filer Relief” under Additional Information section for more information.
Paid Preparer’s Information – If you pay a person to prepare your Form 540, that person must sign and complete the area at the bottom of Side 5 including an identification number. The IRS requires a paid tax preparer to get and use a preparer tax identification number (PTIN). If the preparer has a federal employer identification number (FEIN), it should be entered only in the space provided. A paid preparer must give you a copy of your tax return to keep for your records.
Third Party Designee – If you want to allow your preparer, a friend, family member, or any other person you choose to discuss your 2022 tax return with the FTB, check the “Yes” box in the signature area of your tax return. Also, print the designee’s name and telephone number.
If you check the “Yes” box, you, and your spouse/RDP, if filing a joint tax return, are authorizing the FTB to call the designee to answer any questions that may arise during the processing of your tax return. You are also authorizing the designee to:
Give the FTB any information that is missing from your tax return.
Call the FTB for information about the processing of your tax return or the status of your refund or payments.
Receive copies of notices or transcripts related to your tax return, upon request.
Respond to certain FTB notices about math errors, offsets, and tax return preparation.
You are not authorizing the designee to receive any refund check, bind you to anything (including any additional tax liability), or otherwise represent you before the FTB. If you want to expand or change the designee’s authorization, go to ftb.ca.gov/poa .
The authorization will automatically end no later than the due date (without regard to extensions) for filing your 2023 tax return. This is April 15, 2024, for most people. If you wish to revoke the authorization before it ends, notify us by telephone at 800-852-5711 or by writing to Franchise Tax Board, PO Box 942840, Sacramento, CA 94240-0040. Include your name, SSN (or ITIN), and the designee’s name.
Power of Attorney – If another person prepared your tax return, he or she is not automatically granted access to your tax information in future dealings with us. At some point, you may wish to designate someone to act on your behalf in matters related or unrelated to this tax return (e.g., an audit examination). To protect your privacy, you must submit to us a legal document called a “Power of Attorney” (POA) authorizing another person to discuss or receive personal information about your income tax records.
For more information, go to ftb.ca.gov/poa .
(forms)(2022)(2022-540-booklet)(block-117)Attachments to your tax return.#
Do I need to attach a copy of federal Form 1040 or 1040-SR?
Other than Schedule A (Form 1040) or Schedule B (Form 1040), did you attach any federal forms or schedules to your federal Form 1040 or 1040-SR?
If No , do not attach a copy of your federal Form 1040 or 1040-SR return to Form 540.
If Yes , attach a copy of your federal Form 1040 or 1040-SR return and all supporting federal forms and schedules to Form 540.
Exception : If you did not itemize deductions on your federal tax return but will itemize deductions on your California tax return, complete and attach a copy of the federal Schedule A (Form 1040) to Form 540.
Do not attach any documents to your tax return unless specifically instructed. This will help us reduce government processing and storage costs.
(forms)(2022)(2022-540-booklet)(block-118)Federal Form(s) W-2, W-2G, and 1099, and California Form(s) 592-B and 593.#
Attach all the Form(s) W-2 and W-2G you received to the lower front of your tax return. Also, attach any Forms(s) 1099, 592-B, and 593 showing California income tax withheld.
If you do not receive your Form(s) W-2 by January 31, 2023, contact your employer or go to ftb.ca.gov and login or register for MyFTB. Only your employer can issue or correct a Form W-2. If you cannot get a copy of your Form W-2, you must complete form FTB 3525, Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. See “ Order Forms and Publications ” or go to ftb.ca.gov/forms .
If you forget to send your Form(s) W-2 or other withholding forms with your income tax return, do not send them separately, or with another copy of your tax return. Wait until the FTB requests them from you.
(forms)(2022)(2022-540-booklet)(block-119)Assembling Your Tax Return#
Assemble your tax return in the order shown below.
Caution : Form 540 has five sides. When filing Form 540, you must send all five sides to the FTB.
(forms)(2022)(2022-540-booklet)(block-120)Mailing Your Tax Return#
If your tax return has an amount due , mail your tax return to the following address:
If your tax return shows a refund or no amount due , mail your tax return to the following address:
(forms)(2022)(2022-540-booklet)(block-121)Nonrefundable Renter’s Credit Qualification Record#
Tip : e-file and skip this information! The tax software product you use to e-file will help you find out if you qualify for this credit and will figure the correct amount of the credit automatically. Go to ftb.ca.gov to check your e-file options. You can claim the nonrefundable renter’s credit using CalFile.
If you were a resident of California and paid rent on property in California, which was your principal residence, you may qualify for a credit that you can use to reduce your tax. Answer the questions below to see if you qualify. For purposes of California income tax, references to a spouse, husband, or wife also refer to a California Registered Domestic Partner (RDP), unless otherwise specified. When we use the initials RDP, they refer to both a California registered domestic “partner” and a California registered domestic “partnership,” as applicable. For more information on RDPs, get FTB Pub. 737. Do not mail this record. Keep with your tax records.
Were you a resident of California for the entire year in 2022? Military personnel. If you are not a legal resident of California, you do not qualify for this credit. However, your spouse/RDP may claim this credit if he or she was a resident during 2022, and is otherwise qualified. YES. Go to question 2. NO. Stop here. File Form 540NR. See “ Order Forms and Publications .”
Is your California adjusted gross income the amount on line 17 : $49,220 or less if single or married/RDP filing separately; or $98,440 or less if married/RDP filing jointly, head of household, or qualifying surviving spouse/RDP? YES. Go to question 3. NO. Stop here. You do not qualify for this credit.
Did you pay rent, for at least half of 2022, on property (including a mobile home that you owned on rented land) in California, which was your principal residence? YES. Go to question 4. NO. Stop here. You do not qualify for this credit.
Can you be claimed as a dependent by a parent, foster parent, legal guardian, or any other person in 2022? NO. Go to question 6. YES. Go to question 5.
For more than half the year in 2022, did you live in the home of the person who can claim you as a dependent? NO. Go to question 6. YES. Stop here. You do not qualify for this credit.
Was the property you rented exempt from property tax in 2022? You do not qualify for this credit if, for more than half of the year, you rented property that was exempt from property taxes. Exempt property includes most government-owned buildings, church-owned parsonages, college dormitories, and military barracks. However, if you or your landlord paid possessory interest taxes for the property you rented, then you may claim this credit. NO. Go to question 7. YES. Stop here. You do not qualify for this credit.
Did you claim the homeowner’s property tax exemption anytime during 2022? You do not qualify for this credit if you or your spouse/RDP received a homeowner’s property tax exemption at any time during the year. However, if you lived apart from your spouse/RDP for the entire year and your spouse/RDP received a homeowner’s property tax exemption for a separate residence, then you may claim this credit if you are otherwise qualified. NO. Go to question 8. YES. If your filing status is single or married/RDP filing separately, stop here, you do not qualify for this credit. If your filing status is married/RDP filing jointly, go to question 9.
Were you single in 2022? YES. Go to question 11. NO. Go to question 9.
Did your spouse/RDP claim the homeowner’s property tax exemption anytime during 2022? You do not qualify for this credit if you or your spouse/RDP received a homeowner’s property tax exemption at any time during the year. However, if you lived apart from your spouse/RDP for the entire year and your spouse/RDP received a homeowner’s property tax exemption for a separate residence, then you may claim this credit if you are otherwise qualified. NO. Go to question 11. YES. If both you and your spouse/RDP claimed the homeowner’s property tax exemption, stop here, you do not qualify for this credit. Otherwise, go to question 10.
Did you and your spouse/RDP maintain separate residences for the entire year in 2022? YES. Go to question 11. NO. Stop here. You do not qualify for this credit.
If you are: Single, enter $60 on Form 540, line 46. Head of household or qualifying surviving spouse/RDP, enter $120 on Form 540, line 46. Married/RDP filing separately: if you and your spouse/RDP lived in the same rental property and both qualify for this credit, one spouse/RDP may claim the full amount of the credit ($120), or each spouse/RDP may claim half the amount ($60 each). If you and your spouse/RDP lived apart for the entire year and you qualify for this credit, you may claim half the amount of the credit ($60). Enter your credit amount on Form 540, line 46. Married/RDP filing jointly, enter $120 on Form 540, line 46. (Exception: If one spouse/RDP claimed the homeowner’s tax exemption and you lived apart from your spouse/RDP for the entire year, enter $60 on Form 540, line 46.)
(forms)(2022)(2022-540-booklet)(block-122)Fill in the street address(es) and landlord information below for the residence(s) you rented in California during 2022, which qualified you for this credit.#
Street Address City, State, and ZIP Code Dates Rented in 2022 (From______to______) a b
(forms)(2022)(2022-540-booklet)(block-123)Enter the name, address, and telephone number of your landlord(s) or the person(s) to whom you paid rent for the residence(s) listed above.#
Name Street Address City, State, ZIP Code, and Telephone Number a b
(forms)(2022)(2022-540-booklet)(block-124)Voluntary Contribution Fund Descriptions#
Make voluntary contributions of $1 or more in whole dollar amounts to the funds listed below. To contribute to the California Seniors Special Fund, use the instructions for code 400 below. The amount you contribute either reduces your overpaid tax or increases your tax due. You may contribute only to the funds listed and cannot change the amount you contribute after you file your tax return. For more information, go to ftb.ca.gov and search for voluntary contributions .
If you and/or your spouse/RDP are 65 years of age or older as of January 1, 2023, and claim the Senior Exemption Credit, you may make a combined total contribution of up to $280 or $140 per spouse/RDP. Contributions made to this fund will be distributed to the Area Agency on Aging Councils (TACC) to provide advice on and sponsorship of Senior Citizens issues. Any excess contributions not required by TACC will be distributed to senior citizen service organizations throughout California for meals, adult day care, and transportation.
Contributions will be used to provide grants to California scientists to study Alzheimer’s disease and related disorders. This research includes basic science, diagnosis, treatment, prevention, behavioral problems, and caregiving. With almost 600,000 Californians living with the disease and another 2 million providing care to a loved one with Alzheimer’s, our state is in the early stages of a major public health crisis. Your contribution will ensure that Alzheimer’s disease receives the attention, research, and resources it deserves. For more information go to cdph.ca.gov and search for Alzheimer .
Contributions will be used to help protect and conserve California’s many threatened and endangered species and the wild lands that they need to survive, for the enjoyment and benefit of you and future generations of Californians.
Contributions will fund research toward preventing and curing breast cancer. Breast cancer is the most common cancer to strike women in California. It kills 4,000 California women each year. Contributions also fund research on prevention and better treatment, and keep doctors up-to-date on research progress. For more information about the research your contributions support, go to cbcrp.org . Your contribution can help make breast cancer a disease of the past.
Contributions will be used for the repair and maintenance of the California Firefighters’ Memorial on the grounds of the State Capitol, ceremonies to honor the memory of fallen firefighters and to assist surviving loved ones, and for an informational guide detailing survivor benefits to assist the spouses/RDPs and children of fallen firefighters.
Contributions will be used to help local food banks feed California’s hungry. Your contribution will fund the purchase of much-needed food for delivery to food banks, pantries, and soup kitchens throughout the state. The State Department of Social Services will monitor its distribution to ensure the food is given to those most in need.
Contributions will be used to preserve the memory of California’s fallen peace officers and assist the families they left behind. Since statehood, over 1,300 courageous California peace officers have made the ultimate sacrifice while protecting law-abiding citizens. The non-profit charitable organization, California Peace Officers’ Memorial Foundation, has accepted the privilege and responsibility of maintaining a memorial for fallen officers on the State Capitol grounds. Each May, the Memorial Foundation conducts a dignified ceremony honoring fallen officers and their surviving families by offering moral support, crisis counseling, and financial support that includes academic scholarships for the children of those officers who have made the supreme sacrifice. On behalf of all of us and the law-abiding citizens of California, thank you for your participation.
The California Coastal Conservancy and the Department of Fish and Wildlife will each be allocated 50 percent of the contributions. Contributions allocated to the California Coastal Conservancy will be used for research, science, protection, projects, or programs related to the Federal Sea Otter Recovery Plan or improving the nearshore ocean ecosystem, including, program activities to reduce sea otter mortality. Contributions allocated to the Department of Fish and Wildlife will be used to establish a sea otter fund within the department’s index coding system for increased investigation, prevention, and enforcement action.
Contributions will be used to conduct research relating to the causes, detection, and prevention of cancer and to expand community-based education on cancer, and to provide prevention and awareness activities for communities that are disproportionately at risk or afflicted by cancer.
Contributions will be used to provide school supplies and health-related products to homeless children.
Contributions will be used for the protection and preservation of California’s state parks and for the cost of a Vehicle Day Use Annual Pass valid at most park units where day use fees are collected. The pass is not valid at off-highway vehicle units, or for camping, oversized vehicle, extra vehicle, per-person, or supplemental fees. If a taxpayer’s contribution equals or exceeds $195, the taxpayer will receive a single Vehicle Day Use Annual Pass. Amounts contributed in excess of the parks pass cost may be deducted as a charitable contribution for the year in which the voluntary contribution is made. Any contribution less than $195 will be treated as a voluntary contribution and may be deducted as a charitable contribution. For more information go to parks.ca.gov/annualpass/ or email info@parks.ca.gov .
Contributions will be used to provide grants to community organizations working to protect, restore, and enhance the California coast and ocean. Contributions will support shoreline cleanups, habitat restoration, coastal access improvements, and ocean education programs.
Contributions will be used by the Arts Council for the allocation of grants to individuals or organizations administering arts programs for children in preschool through 12th grade.
Contributions will be used to provide funding to programs designed to prevent and eliminate animal homelessness and cruelty, research that explores novel approaches to preventing and eliminating pet homelessness, and the prevention, investigation, and prosecution of animal cruelty and neglect.
Contributions will be used to conduct the sessions of the California Senior Legislature and to support its ongoing activities on behalf of older persons.
Contributions will be used to support the recovery and rehabilitation of injured, sick, or orphaned native wildlife, and conservation education.
Contributions will be used for DNA testing in the processing of rape kits.
Contributions will be used to support crisis centers located in the state that are active members of the National Suicide Prevention Lifeline, with priority given to those crisis centers located in rural and desert communities.
Contributions will be used to fund the Crisis Intervention Team program that trains peace officers to assist and engage safely with persons living with mental illness.
Contributions will be used to support the Department of Forestry and Fire Protection’s grant program for urban forest management activities under the California Urban Forestry Act of 1978. This program focuses on bringing trees to communities that are disadvantaged or lack government infrastructure needed to enter into and support urban tree planting and care agreements.
(forms)(2022)(2022-540-booklet)(block-125)Credit Chart#
Credit Name Code Description California Competes Tax – FTB 3531 233 The credit, which is allocated and certified by the California Competes Tax Credit Committee, is available for businesses that want to come to California or to stay and grow in California. Website: business.ca.gov California Motion Picture and Television Production – FTB 3541 223 For taxable years beginning on or after January 1, 2011, the original credit is allocated and certified by the California Film Commission, and is available for qualified production expenditures attributable to a qualified motion picture, an independent film, or a TV series that relocates to California. Website: film.ca.gov Child Adoption Costs – See worksheet in the Special Credits and Nonrefundable Credits section 197 50 percent of qualified costs in the year an adoption is ordered Child and Dependent Care Expenses – FTB 3506. See instructions in the Special Credits and Nonrefundable Credits section 232 Similar to the federal credit except that the California credit amount is based on a specified percentage of the federal credit. College Access Tax – FTB 3592 235 The credit, which is allocated and certified by the California Educational Facilities Authority, is available for taxpayers who contribute to the College Access Tax Credit Fund. Website: treasurer.ca.gov/cefa Dependent Parent – See instructions in the Special Credits and Nonrefundable Credits section 173 Must use married/RDP filing separately status and have a dependent parent Disabled Access for Eligible Small Businesses – FTB 3548 205 Similar to the federal credit but limited to $125 based on 50 percent of qualified expenditures that do not exceed $250 Donated Agricultural Products Transportation – FTB 3547 204 50 percent of the costs paid or incurred for the transportation of agricultural products donated to nonprofit charitable organizations Earned Income Tax – FTB 3514 None This refundable credit is similar to the federal Earned Income Credit (EIC) but with different income limitations. Foster Youth Tax – FTB 3514 None This refundable credit is available to taxpayers who also qualify for the California Earned Income Tax Credit (EITC), age 18 to 25, and were in foster care while 13 years of age or older. Young Child Tax – FTB 3514 None This refundable credit is available to taxpayers who also qualify for the California EITC or who would otherwise have been allowed the California EITC but that they have earned income of zero dollars or less, and who have at least one qualifying child who is younger than six years old as of the last day of the taxable year. Enhanced Oil Recovery – FTB 3546 203 One third of the similar federal credit and limited to qualified enhanced oil recovery projects located within California. Homeless Hiring Tax – FTB 3831 244 The credit is available to qualified taxpayers that hire eligible individuals. Employers must obtain a certification of individual’s homeless status from an organization that works with the homeless and must receive a tentative credit reservation for that employee from the FTB. Joint Custody Head of Household – See worksheet in the Special Credits and Nonrefundable Credits section 170 30 percent of tax up to $556 for taxpayers who are single or married/RDP filing separately, who have a child and meet the support test Low-Income Housing – FTB 3521 172 Similar to the federal credit but limited to low-income housing in California Natural Heritage Preservation – FTB 3503 213 55 percent of the fair market value of any qualified contribution of property donated to the state, any local government, or any nonprofit organization designated by a local government. New California Motion Picture and Television Production – FTB 3541 237 For taxable years beginning on or after January 1, 2016, the new credit is allocated and certified by the California Film Commission, and is available for qualified production expenditures attributable to a qualified motion picture, an independent film, or a TV series that relocates to California. Website: film.ca.gov New Donated Fresh Fruits or Vegetables – FTB 3814 238 15 percent of the qualified value of the donated fresh fruits, vegetables, or other qualified donated items made to California food banks, based on weighted average wholesale price New Employment – FTB 3554 234 The credit is available for a taxpayer that hires a full-time employee and pays or incurs wages in a designated census tract or economic development area, and receives a tentative credit reservation for that full-time employee. Nonrefundable Renter’s – See Nonrefundable Renter’s Credit Qualification Record in this booklet None For California residents who paid rent for their principal residence for at least 6 months in 2022 and whose AGI does not exceed a certain limit Other State Tax – Schedule S 187 Net income tax paid to another state or a U.S. possession on income also taxed by California Pass-Through Entity Elective Tax – FTB 3804-CR 242 For taxable years beginning on or after January 1, 2021, and before January 1, 2026, California allows a credit against the personal income tax to a taxpayer, other than a partnership, that is a partner, shareholder, or member of a qualified entity that elects to pay the elective tax. Prior Year Alternative Minimum Tax – FTB 3510 188 Must have paid alternative minimum tax in a prior year and have no alternative minimum tax liability in 2022 Prison Inmate Labor – FTB 3507 162 10 percent of wages paid to prison inmates Program 3.0 California Motion Picture and Television Production – FTB 3541 239 For taxable years beginning on or after January 1, 2020, the new credit is allocated and certified by the California Film Commission, and is available for qualified production expenditures attributable to a qualified motion picture, an independent film, or a TV series that relocates to California. Website: film.ca.gov Research – FTB 3523 183 Similar to the federal credit but limited to costs for research activities in California Senior Head of Household – See worksheet in the Special Credits and Nonrefundable Credits section 163 2 percent of taxable income up to $1,695 for seniors who qualified for head of household in 2020 or 2021 and whose qualifying individual died during 2020 or 2021 Soundstage Filming Tax – FTB 3541 245 For taxable years beginning on or after January 1, 2022, the newest credit is allocated and certified by the California Film Commission, and is available for qualified production expenditures attributable to a qualified motion picture, an independent film, or a TV series that is produced in California at a certified studio construction project and by a qualified taxpayer that provides a diversity workplan that is approved by the California Film Commission. Website: film.ca.gov State Historic Rehabilitation Tax – FTB 3835 243 The credit, which is allocated by the California Tax Credit Allocation Committee, is for the rehabilitation of certified historic structures and for individual taxpayers, a qualified residence. Website: ohp.parks.ca.gov
(forms)(2022)(2022-540-booklet)(block-126)Repealed Credits:#
The expiration dates for the credits listed below have passed. However, these credits had carryover provisions. You may claim these credits only if you have an unused carryover available from prior years. If you are not required to complete Schedule P (540), Alternative Minimum Tax and Credit Limitations – Residents, get form FTB 3540, Credit Carryover and Recapture Summary, to figure your credit carryover to future years. For EZ, LAMBRA, MEA, or TTA credit carryovers, get form FTB 3805Z, form FTB 3807, form FTB 3808, or form FTB 3809. See “ Where To Get Income Tax Forms and Publications ”.
Agricultural Products: 175
Commercial Solar Electric System: 196
Commercial Solar Energy: 181
Community Development Financial Institutions Investment: 209
Donated Fresh Fruits or Vegetables: 224
Employer Childcare Contribution: 190
Employer Childcare Program: 189
Employee Ridesharing: 194
Employer Ridesharing: Large employer: 191 Small employer: 192 Transit passes: 193
Energy Conservation: 182
Enterprise Zone Hiring: 176
Enterprise Zone Sales or Use Tax: 176
Environmental Tax: 218
Farmworker Housing: 207
Local Agency Military Base Recovery Area Hiring: 198
Local Agency Military Base Recovery Area Sales or Use Tax: 198
Low-Emission Vehicles: 160
Main Street Small Business Tax: 240
Main Street Small Business Tax II: 241
Manufacturing Enhancement Area Hiring: 211
New Jobs: 220
Orphan Drug: 185
Political Contributions: 184
Recycling Equipment: 174
Residential Rental & Farm Sales: 186
Ridesharing: 171
Salmon & Steelhead Trout Habitat Restoration: 200
Solar Energy: 180
Solar Pump: 179
Targeted Tax Area Hiring: 210
Targeted Tax Area Sales or Use Tax: 210
Water Conservation: 178
Young Infant: 161
(forms)(2022)(2022-540-booklet)(block-127)Frequently Asked Questions#
(Go to ftb.ca.gov for more frequently asked questions.)
What if I can’t file by April 18, 2023, and I think I owe tax? You must pay 100 percent of the amount you owe by April 18, 2023, to avoid interest and penalties. If you cannot file because you have not received all your federal Form(s) W-2, estimate the amount of tax you owe by completing form FTB 3519, Payment for Automatic Extension for Individuals. Mail it to the FTB with your payment by April 18, 2023, or pay online at ftb.ca.gov/pay . Then, when you receive all your federal Form(s) W-2, complete and mail your tax return by October 16, 2023 (you must use Form 540). Also, see " Interest and Penalties " section for information regarding a one-time timeliness penalty abatement.
I never received a federal Form W-2. What should I do? Automated Phone code: 204 If all of your federal Forms W-2 were not received by January 31, 2023, contact your employer. Only an employer issues or corrects a federal Form W-2. For more information, call 800-338-0505, follow the recorded instructions and enter code 204 when instructed. If you cannot get a copy of your federal Form W-2, complete form FTB 3525. See “ Where To Get Income Tax Forms and Publications .” For online wage and withhold information, go to ftb.ca.gov and login or register for MyFTB.
How can I get help? Throughout California more than 1,200 sites provide trained volunteers offering free help during the tax filing season to persons who need to file simple federal and state income tax returns. Many military bases also provide this service for members of the U.S. Armed Forces. Go to ftb.ca.gov and search for vita to find a list of participating locations or call the FTB at 800-852-5711 to find a location near you.
What do I do if I can’t pay what I owe with my 2022 tax return? Pay as much as possible when you file your tax return. If unable to pay your tax in full with your tax return, make a request for monthly payments. However, interest accrued and an underpayment penalty may be charged on the tax not paid by April 18, 2023, even if your request for monthly payments is approved. To make monthly payments, complete form FTB 3567, Installment Agreement Request, online or mail it to the address on the form. Do not mail it with your tax return . The Installment Agreement Request might not be processed and approved until after your tax return is processed, and you may receive a bill before you receive approval of your request. Automated Phone code: 949 To order this form, go to ftb.ca.gov/forms or call 800-338-0505, follow the recorded instructions and enter code 949 when instructed. Automated Phone code: 610 For information on how to pay by credit card, go to ftb.ca.gov/pay , or call 800-338-0505, follow the recorded instructions and enter code 610 when instructed.
Is direct deposit safe? Direct deposit is safe and convenient. To have your refund directly deposited into your bank account, fill in the account information on Form 540, Side 5, line 116 and line 117. Fill in the routing and account numbers and indicate the account type.
How can I check on the status of my refund? Go to ftb.ca.gov and search for refund status . You will need your social security number (SSN) or individual taxpayer identification number (ITIN) and the refund amount from your tax return. You can also call our automated phone service. See " Automated Phone Service " at the end of this booklet for more information.
I discovered an error on my tax return. What should I do? Automated Phone code: 908 If you discover that you made an error on your California income tax return after you filed it (paper or e-filed), file an amended Form 540 and attach Schedule X, California Explanation of Amended Return Changes, to correct your previously filed tax return. Get Schedule X at ftb.ca.gov/forms or call 800-338-0505, follow the recorded instructions and enter code 908 when instructed.
The IRS made changes to my federal tax return. What should I do? If your federal income tax return is examined and changed by the IRS and you owe additional tax, report these changes to the FTB within six months of the date of the final federal determination. If the changes the IRS made result in a refund due for California, claim a refund within two years of the date of the final federal determination. File an amended Form 540 and Schedule X to correct your previously filed income tax return and mail them to the following address, as applicable: Mail Without payment Franchise Tax Board PO Box 942840 Sacramento, CA 94240-0001 With payment Franchise Tax Board PO Box 942867 Sacramento, CA 92467-0001 Or send a copy of the federal changes to: Mail ATTN RAR/VOL MS F310 Franchise Tax Board PO Box 1998 Rancho Cordova, CA 95741-1998 Or fax the information to 916-843-2269. If you have a question relating to the IRS audit adjustments , call 916-845-4028. For general tax information or questions, call 800-852-5711. Regardless of which method you use to notify the FTB, you must include a copy of the final federal determination along with all data and schedules on which the federal adjustment was based. Get FTB Pub. 1008, Federal Tax Adjustments and Your Notification Responsibilities to California, for more information. See “ Order Forms and Publications .” File an amended Form 540 and Schedule X only if the change affected your California tax liability.
How long should I keep my tax information? Requests for information regarding your California income tax return usually occurs within the California statute of limitations period, which is usually the later of four years from the due date of the tax return or four years from the file date of the tax return. ( Exception : An extended statute of limitations period applies for California or federal tax returns related or subject to a federal audit.) Keep a copy of your tax return and the records that verify the income, deductions, adjustments, or credits reported on your return. Some records should be kept longer. For example, keep property records as long as needed to figure the basis of the property or records needed to verify carryover items (i.e., net operating losses, capital losses, passive losses, casualty losses, etc.) or records needed to track deferred gains on a 1031 exchange.
I will be moving after I file my tax return. How do I notify the FTB of my new address? Go to ftb.ca.gov and login or register for MyFTB or call 800-852-5711, and follow the recorded instructions to report a change of address. You may also use form FTB 3533, Change of Address for Individuals. This form is available at ftb.ca.gov/forms . If you change your address online or by phone, you do not need to file form FTB 3533. After filing your tax return, report a change of address to us for up to four years, especially if you leave the state and no longer have a requirement to file a California tax return.
Are all domestic partners required to file joint or separate tax returns? No, only domestic partners who are registered with the California Secretary of State are required to file using the married/RDP filing jointly or married/RDP filing separately filing status.
Owe Money? Web Pay lets you pay online , so you can schedule it and forget it! Go to ftb.ca.gov/pay for more information.
(forms)(2022)(2022-540-booklet)(block-128)California Use Tax General Information#
The use tax has been in effect in California since July 1, 1935. It applies to purchases of merchandise for use in California from out-of-state sellers and is similar to the sales tax paid on purchases you make in California. If you have not already paid all use tax due to the California Department of Tax and Fee Administration, you may be able to report and pay the use tax due on your state income tax return. See the information below and the instructions for Line 91 of your income tax return.
In general, you must pay California use tax on purchases of merchandise for use in California made from out-of-state sellers, for example, by telephone, over the Internet, by mail, or in person.
You must pay California use tax on taxable items if:
The seller does not collect California sales or use tax, and
You use, gift, store, or consume the item in this state.
Example: You live in California and purchase a dining table from a company in North Carolina. The company ships the table from North Carolina to your home for your use and does not charge California sales or use tax. You owe use tax on the purchase.
However, not all purchases require you to pay use tax. For example, you would include purchases of clothing, but not exempt purchases of food products or prescription medicine.
For more information on nontaxable and exempt purchases, you may refer to Publication 61, Sales and Use Taxes: Exemptions and Exclusions, on the California Department of Tax and Fee Administration’s website at cdtfa.ca.gov .
For information about California use tax, please refer to the California Department of Tax and Fee Administration’s website at cdtfa.ca.gov and type “ Find Information About Use Tax ” in the search bar.
Complete the Use Tax Worksheet or use the Use Tax Lookup Table , to calculate the amount due.
(forms)(2022)(2022-540-booklet)(block-129)Extensions to File#
If you request an extension to file your income tax return, wait until you file your tax return to report your purchases subject to use tax and make your use tax payment.
(forms)(2022)(2022-540-booklet)(block-130)Interest, Penalties and Fees#
Failure to timely report and pay the use tax due may result in the assessment of interest, penalties, and fees.
(forms)(2022)(2022-540-booklet)(block-131)Application of Payments#
For purchases made during taxable years starting on or after January 1, 2015, payments and credits reported on an income tax return will be applied first to the use tax liability, instead of income tax liabilities, penalties, and interest.
(forms)(2022)(2022-540-booklet)(block-132)Changes in Use Tax Reported#
Do not file an Amended Income Tax Return to revise the use tax previously reported. If you have changes to the amount of use tax previously reported on the original return, contact the California Department of Tax and Fee Administration.
For assistance with your use tax questions, go to the California Department of Tax and Fee Administration’s website at cdtfa.ca.gov or call their Customer Service Center at 800-400-7115 (CRS:711) (for hearing and speech disabilities). For California income tax information, contact the Franchise Tax Board at ftb.ca.gov .
(forms)(2022)(2022-540-booklet)(block-133)Collection Fees#
The FTB is required to assess collection and filing enforcement cost recovery fees on delinquent accounts.
(forms)(2022)(2022-540-booklet)(block-134)Deceased Taxpayers#
A final return must be filed for a person who died in 2022 if a tax return normally would be required. The administrator or executor, if one is appointed, or beneficiary must file the tax return. Print “deceased” and the date of death next to the taxpayer’s name at the top of the tax return.
If you are a surviving spouse/RDP and no administrator or executor has been appointed, file a joint tax return if you did not remarry or enter into another registered domestic partnership during 2022. Indicate next to your signature that you are the surviving spouse/RDP.
You may also file a joint tax return with an administrator or executor acting on behalf of the deceased taxpayer.
If you file a tax return and claim a refund due to a deceased taxpayer, you are certifying under penalty of perjury either that you are the legal representative of the deceased taxpayer’s estate (in this case, attach certified copies of the letters of administration or letters testamentary) or that you are entitled to the refund as the deceased’s surviving relative or sole beneficiary under the provisions of the California Probate Code. You must also attach a copy of federal Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer, and a copy of the death certificate when you file a tax return and claim a refund due.
(forms)(2022)(2022-540-booklet)(block-135)Innocent Joint Filer Relief#
If you file a joint tax return, both you and your spouse/RDP are generally responsible for paying the tax and any interest or penalties due on the tax return. However, you may qualify for relief of payment on all or part of the balance as an innocent joint filer. For more information, get form FTB 705, Innocent Joint Filer Relief Request, at ftb.ca.gov/forms or call 916-845-7072, Monday – Friday between 8 a.m. to 5 p.m. except holidays.
(forms)(2022)(2022-540-booklet)(block-136)Military Personnel#
If you are a member of the military and need additional information on how to file your tax return, get FTB Pub. 1032, Tax Information for Military Personnel. See “ Order Forms and Publications .”
(forms)(2022)(2022-540-booklet)(block-137)Requesting a Copy of Your Tax Return#
The FTB keeps personal income tax returns for three and one-half years from the original due date. To get a copy of your tax return, write a letter or complete form FTB 3516, Request for Copy of Personal Income or Fiduciary Tax Return. In most cases, a $20 fee is charged for each taxable year you request. However, no charge applies for victims of a designated California or federal disaster; or if you request copies from a field office that assisted you in completing your tax return. See “Where To Get Tax Forms and Publications” to download or order form FTB 3516.
(forms)(2022)(2022-540-booklet)(block-138)Local Benefits#
You cannot deduct the amounts you pay for local benefits that apply to property in a limited area (construction of streets, sidewalks, or water and sewer systems). You must look at your real estate tax bill to determine if any nondeductible itemized charges are included in your bill. For more information, get federal Pub. 17, Your Federal Income Tax – For Individuals, Chapter 11.
(forms)(2022)(2022-540-booklet)(block-139)Vehicle License Fees for Federal Schedule A#
On your federal Schedule A (Form 1040), Itemized Deductions, you may deduct the California motor vehicle license fee listed on your Vehicle Registration Billing Notice from the Department of Motor Vehicles. The other fees listed on your billing notice such as registration fee, weight fee, and county fees are not deductible.
(forms)(2022)(2022-3506-instructions)2022 Instructions for Form FTB 3506#
(forms)(2022)(2022-3506-instructions)(block-1)General Information#
Attach the completed form FTB 3506, Child and Dependent Care Expenses Credit, to your Form 540, California Resident Income Tax Return, or Form 540NR, California Nonresident or Part–Year Resident Income Tax Return, if you claim the child and dependent care expenses credit.
The child and dependent care expenses credit is nonrefundable .
Registered Domestic Partners (RDP) – For purposes of California income tax, references to a spouse, husband, or wife also refer to a California RDP, unless otherwise specified. When we use the initials RDP, they refer to both a California registered domestic “partner” and a California registered domestic “partnership,” as applicable. For more information on RDPs, get FTB Pub. 737, Tax Information for Registered Domestic Partners.
(forms)(2022)(2022-3506-instructions)(block-2)A. Purpose#
You may qualify to claim the 2022 credit for child and dependent care expenses if you (and your spouse/RDP) paid someone in California to care for your child or other qualifying person while you worked or looked for employment. You must have earned income to do so. If you qualify to claim the credit, use form FTB 3506 to figure the amount of your credit.
If you received dependent care benefits for 2022 but do not qualify to claim the credit, you are not required to complete form FTB 3506. For additional definitions, requirements, and instructions, get federal Form 2441, Child and Dependent Care Expenses.
(forms)(2022)(2022-3506-instructions)(block-3)B. Differences in California and Federal Law#
The differences between California and federal law are as follows:
California allows this credit only for care provided in California.
If you were a nonresident, you must have earned wages from working in California or earned self-employment income from California business activities.
The California credit is a percentage of the federal credit.
RDPs may file a joint California return and claim this credit. For more information, get FTB Pub. 737.
(forms)(2022)(2022-3506-instructions)(block-4)C. Qualifications#
You may take the credit if all eight of the following apply.
If you are married or an RDP, you must file a joint tax return. For an exception, see Section E, Married Persons or RDPs Filing Separate Tax Returns.
Care must be provided in California for one or more qualifying persons. See Section D, Qualifying Person Defined.
You paid for care so you (and your spouse/RDP) could work or look for work. However, if you did not find a job and have no earned income, you do not qualify for the credit. If your spouse/RDP was a student or disabled, see the instructions for Part III, line 5.
You (and your spouse/RDP) must have earned income (wages or self-employment income) during the year. See the instructions for Part III, line 4, for more information on earned income.
You and the qualifying person(s) live in the same home for more than half the year.
The person who provided care was not your spouse/RDP, the parent of your qualifying child, or a person for whom you can claim a dependent exemption. If your child provided the care, the child must have been age 19 or older by the end of 2022.
You report the required information about the care provider(s) in Part II, line 1, and the information about the qualifying person(s) in Part III, line 2.
Your federal adjusted gross income (AGI) is $100,000 or less.
(forms)(2022)(2022-3506-instructions)(block-5)Rules for Most People#
A qualifying person is:
A child under age 13 who meets the requirements to be your dependent as a Qualifying Child. A child who turned 13 during the year qualifies only for the part of the year when he or she was 12 years old; or
Your spouse/RDP who was physically or mentally incapable of self-care; or
Any person who was physically or mentally incapable of self-care and either: Was your dependent. Would have been your dependent except that: He or she received gross income of $4,400 or more. He or she filed a joint tax return. You, or your spouse/RDP if filing a joint tax return, could be claimed as a dependent on someone else’s 2022 tax return.
(forms)(2022)(2022-3506-instructions)(block-6)Qualifying Child#
A Qualifying Child is a child who meets all of the following tests:
Relationship Test – The child must be your son, daughter, stepchild, adopted child, eligible foster child, brother, sister, half-brother, half-sister, stepbrother, stepsister, or a descendant of one of these. An adopted child includes a child who has been lawfully placed with you for legal adoption even if the adoption is not yet final. An eligible foster child must be placed with you by an authorized placement agency or by a court.
Age Test – For the purposes of qualifying for the Child and Dependent Care Expenses Credit, the child must be under age 13.
Residency Test – The child must live with you for more than half the year.
Support Test – The child must not have provided more than half of his or her own support.
Joint Return Test – The child must not have filed a joint federal or state income tax return with his or her spouse/RDP.
Citizenship Test – The child must be a citizen or national of the U.S. or a resident of the U.S., Canada, or Mexico.
(forms)(2022)(2022-3506-instructions)(block-7)Tie-Breaker Rules: Qualifying Child of More Than One Person*#
If an individual may be claimed as a qualifying child by two or more taxpayers for the same taxable year, the following rules apply:
If… Then the child will be treated as the qualifying child of the… Only one of the persons is the child’s parent Parent. Both of the persons are the child’s parent but they do not file a joint return Parent with whom the child lived for the longer period of time during the year. If the child lived with both parents for the same amount of time, the parent who had the higher AGI for the year. The child’s parents can claim the child as a qualifying person but neither parent does Person with the highest AGI of all persons claiming the child, but only if that person’s AGI is higher than the highest AGI of any of the child’s parents. No parent can claim the child as a qualifying child Person with the highest AGI of all persons claiming the child.
*These rules assume all other qualifying child requirements are satisfied.
(forms)(2022)(2022-3506-instructions)(block-8)Divorced, RDP Terminated, Separated, or Never-Married Parents#
For divorced, RDP terminated, separated, or never-married parents, special rules apply in determining if your child meets the requirements to be your qualifying person. When parents file separate returns, only one parent qualifies to claim a child as a qualifying person.
Even if both parents pay for child care for the same child, both parents cannot qualify for the credit. Some custody agreements designate which parent is entitled to the credit. However, the designated parent must meet all the qualifications in Section C, Qualifications, to claim the credit. To verify that your child meets the requirements to be your qualifying person, use the table below.
(forms)(2022)(2022-3506-instructions)(block-9)Rules for divorced, RDP terminated, separated, or never-married parents#
If And Then ALL four of the following apply: Your child was under age 13 and/or physically or mentally incapable of self-care when the care was provided. Children turning 13 during the year qualify only for the part of the year they were 12 years old. One of the following applies: You are divorced, legally separated, or have terminated a registered domestic partnership. You are separated under a written separation agreement. You and the other parent lived apart at all times during the last 6 months of the year. (This includes parents never married to each other.) One or both parents had custody of the child for more than half the year. One or both parents provided more than half the child’s support for the year. You were the custodial parent and you can claim the dependent exemption credit for the child. The child is your qualifying person. You were the custodial parent and under the provisions of a decree of divorce, legal separation, termination of registered domestic partnership, or a written separation agreement, the noncustodial parent claimed the dependent exemption credit, or you signed a statement releasing the dependent exemption credit to the noncustodial parent. The child is your qualifying person. You are not the custodial parent. The child is not your qualifying person. One or more of the four statements above do not apply. Not Applicable N/A Use the “Rules for Most People” in Section D.
Custodial Parent and Noncustodial Parent – The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent. If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher AGI.
Parent Works at Night – If, due to a parent’s night-time work schedule, a child lives for a greater number of days, but not nights, with the parent who works at night, that parent is treated as the custodial parent. On a school day, the child is treated as living at the primary residence registered with the school.
(forms)(2022)(2022-3506-instructions)(block-10)E. Married Persons or RDPs Filing Separate Tax Returns#
Generally, if you are married or an RDP, you must file a joint tax return to claim the credit. However, you can take the credit on your separate tax return if:
You meet all three requirements below: You lived apart from your spouse/RDP at all times during the last six months of 2022. The qualifying person(s) lived in your home more than half of 2022. You provided over half the cost of keeping up your home.
You meet all the other qualifications in Section C, Qualifications.
(forms)(2022)(2022-3506-instructions)(block-11)F. Nonresidents and Part–Year Residents#
You must complete and attach Schedule CA (540NR), California Adjustments – Nonresidents or Part–Year Residents, to your tax return, Form 540NR. If Part I of Schedule CA (540NR) is not fully completed, we may disallow your credit.
Nonresidents must have earned income from California sources to qualify for the credit. A nonresident servicemember’s military wages are considered earned income from a California source for the purpose of qualifying for the credit.
Part–year residents must have earned income while a California resident or earned income from California sources while a nonresident to qualify for the credit.
(forms)(2022)(2022-3506-instructions)(block-12)G. Military Personnel#
For the purposes of this credit, active duty pay is considered earned income from California sources, regardless of whether the servicemember is domiciled in California. The federal Military Spouses Residency Relief Act may affect the credit requirements for spouses of military servicemembers. For more information, get FTB Pub. 1032, Tax Information for Military Personnel.
(forms)(2022)(2022-3506-instructions)(block-13)Part I – Unearned Income and Other Funds Received in 2022#
List the source and amount of any money you received in 2022 that is not included in your earned income (Part III, line 4 and line 5) but that was used to support your household. Include child support, property settlements, public assistance benefits, court awards, inheritances, insurance proceeds, pensions and annuities, social security payments, workers’ compensation, unemployment compensation, interest, and dividends.
(forms)(2022)(2022-3506-instructions)(block-14)Line 1#
Complete line 1a through line 1g for each person or organization that provided the care in California. Only care provided in California qualifies for the credit. Use federal Form W-10, Dependent Care Provider’s Identification and Certification, or any other source listed in the instructions for federal Form W-10 to get the information from your care provider. If your provider does not give you the information, complete as much of the information as possible and explain that your provider did not give you the information you requested.
If you do not give correct and complete information, we may disallow your credit unless you can show you used due diligence in trying to get the required information.
(forms)(2022)(2022-3506-instructions)(block-15)Line 1a through Line 1c#
Enter your California care provider’s complete name (or business name), address, and telephone number (including the area code). If you do not give complete information, we may disallow your credit. We may contact your care provider to verify the information you provide.
If you were covered by your employer’s dependent care plan and your employer furnished the care (either at your workplace or by hiring a care provider), enter your employer’s name on line 1a. Next, enter “See W-2” on line 1b. Complete line 1c through line 1f. Then leave line 1g blank. But, if your employer paid a third party (not hired by your employer) on your behalf to provide care, you must provide information on the third party on line 1a through line 1g.
(forms)(2022)(2022-3506-instructions)(block-16)Line 1d#
For each care provider, check one box indicating whether the care provider is a person or organization.
(forms)(2022)(2022-3506-instructions)(block-17)Line 1e#
If your care provider is Then enter on line 1e An individual The provider’s social security number (SSN) or Individual Taxpayer Identification Number (ITIN). Not an individual The provider’s federal employer identification number (FEIN). A tax-exempt organization “Tax-exempt.”
(forms)(2022)(2022-3506-instructions)(block-18)Line 1f#
Enter the complete physical address where the care was provided. A post office box is not acceptable. If you do not provide correct or complete information, your credit may be disallowed. Only care provided in California qualifies for the credit.
(forms)(2022)(2022-3506-instructions)(block-19)Line 1g#
Enter the total amount you actually paid in 2022 to your care provider for care provided in California. Also include amounts your employer paid to a third party on your behalf. It does not matter when the expenses were incurred. Do not reduce this amount by any reimbursement you received.
We may ask you to provide proof of payment. Cash payments without verifiable documentation may not be accepted.
(forms)(2022)(2022-3506-instructions)(block-20)Line 2#
Complete column (a) through column (e) for each qualifying person for whom care was provided in California. If claiming more than three qualifying persons, attach a sheet of paper to your tax return with the required information and write “see attached.” Write your name and SSN or ITIN on the sheet.
(forms)(2022)(2022-3506-instructions)(block-21)Column (a)#
Enter each qualifying person’s name.
(forms)(2022)(2022-3506-instructions)(block-22)Column (b)#
Enter each qualifying person’s SSN. Verify that the name and SSN match the qualifying person’s social security card to avoid the reduction or disallowance of your credit. If the person was born in, and later died in, 2022, and does not have an SSN, enter “Died” in column (b) and attach a copy of the person’s birth and death certificates.
(forms)(2022)(2022-3506-instructions)(block-23)Column (c)#
Enter the qualifying person’s date of birth (mm/dd/yyyy) in the space provided or if the qualifying person is disabled (physically or mentally incapable of self-care), check the “Yes” box. Incomplete information could result in a delay or disallowance of your credit.
(forms)(2022)(2022-3506-instructions)(block-24)Column (d)#
If you shared custody of the qualifying person(s), enter the percentage of time you possessed physical custody during 2022. If you have 50% or less physical custody of your child, you do not qualify for the credit.
(forms)(2022)(2022-3506-instructions)(block-25)Column (e)#
Qualified Expenses are amounts paid for the care of your qualifying person while you worked or looked for work.
Enter the qualified expenses you incurred and paid in 2022 for the qualifying person(s). Include only the qualified expenses for care provided in California. If the child turned 13 years old during the year, include only the qualified expenses for the part of the year the child was 12 years old.
Do not include in column (e) qualified expenses:
You incurred in 2022 but did not pay until 2023. You may be able to use these expenses to increase your 2023 credit.
You incurred in 2021 but did not pay until 2022. Instead, see instructions for line 11.
You prepaid in 2022 for care to be provided in 2023. These expenses may only be used to figure your 2023 credit.
A qualified expense does not include the amount you paid for education (school tuition) or the amount you received through a subsidy program.
Qualified expenses include: Qualified expenses do not include: The cost of care for the qualifying person’s well-being and protection. If care was provided by a dependent care center, the center must meet all applicable state and local regulations. Cost of pre-school or similar program below the kindergarten level. Day camp, even if it specialized in a particular activity, such as soccer. Child support payments. Payments made to the parent of your qualifying child. Payments made to your spouse/RDP. Payments made to your child who is under age 19 at the end of the year, even if he or she is not your dependent. Payments made to a dependent for whom you (or your spouse/RDP) can claim a dependent exemption. Expenses paid by or reimbursed through a subsidy program. Cost for education (school tuition) at the kindergarten level and above. Overnight camp.
(forms)(2022)(2022-3506-instructions)(block-26)Line 4#
Earned income includes: Earned income does not include: Wages, salary, tips, and other taxable employee compensation, as well as military compensation, including compensation for service in a combat zone. Net earnings from self‑employment. Strike benefits. Disability payments you report as wages. Active duty pay received by servicemembers of the armed forces is considered earned income regardless of whether the servicemember is domiciled in this state or elsewhere. Pensions or annuities Social security payments Workers’ compensation Interest Dividends Capital gains Unemployment compensation Public assistance California service income excluded under the Military Spouses Residency Relief Act.
Nonresidents and Part–Year Residents Only: Earned income from California sources includes: Earned income does not include: Wages, salary, tips, and other taxable employee compensation for working in California, as well as military compensation, including compensation for service in a combat zone. Net earnings from self‑employment from California business activities. Strike benefits related to California employment. Disability payments you report as California wages. Active duty pay received by servicemembers of the armed forces is considered earned income regardless of whether the servicemember is domiciled in this state or elsewhere. Pensions or annuities Social security payments Workers’ compensation Interest Dividends Capital gains Unemployment compensation Public assistance California service income excluded under the Military Spouses Residency Relief Act.
(forms)(2022)(2022-3506-instructions)(block-27)Spouse/RDP Who Was a Student or Disabled#
Your spouse/RDP was a student if he or she was enrolled as a full-time student at a school during any 5 months of 2022. A school does not include a night school or correspondence school.
Your spouse/RDP was disabled if he or she was not capable of self-care.
Figure your spouse’s/RDP’s earned income on a monthly basis.
For each month your spouse/RDP was a full-time student or disabled, enter on line 5 the larger of the following:
Your spouse’s/RDP’s actual earned income for that month.
$250 ($500, if you have 2 or more qualifying persons).
If, in the same month, both you and your spouse/RDP qualified as either full-time students or disabled, only one of you receive treatment as having earned income of $250 (or $500) in that month. For any month that your spouse/RDP was not a full-time student or disabled, use your spouse’s/RDP’s actual earned income for that month.
(forms)(2022)(2022-3506-instructions)(block-28)Line 7#
Use the chart below to determine the decimal amount to enter on line 7. Your federal AGI is on Form 540, line 13 or Form 540NR, line 13. For military personnel domiciled outside of California, use your federal AGI less your military pay to determine the decimal amount to enter on line 7.
If your federal AGI is: The decimal amount to enter on line 7 is: Over But not over - $0 $15,000 .35 15,000 17,000 .34 17,000 19,000 .33 19,000 21,000 .32 21,000 23,000 .31 23,000 25,000 .30 25,000 27,000 .29 27,000 29,000 .28 29,000 31,000 .27 31,000 33,000 .26 33,000 35,000 .25 35,000 37,000 .24 37,000 39,000 .23 39,000 41,000 .22 41,000 43,000 .21 43,000 No limit .20
(forms)(2022)(2022-3506-instructions)(block-29)Line 9#
Use the chart below to determine the decimal amount to enter on line 9. For military personnel domiciled outside of California, use your federal AGI less your military pay to determine the decimal amount to enter on line 9.
If your federal AGI from Form 540, line 13 or Form 540NR, line 13 is: The decimal amount to enter on line 9 is: $40,000 or less .50 Over $40,000 but not over $70,000 .43 Over $70,000 but not over $100,000 .34 Over $100,000 Stop. You do not qualify for this credit.
(forms)(2022)(2022-3506-instructions)(block-30)Line 11#
If you had qualified expenses for care that was provided in 2021 that you paid for in 2022, and you did not claim a credit on the maximum amount of qualified expenses for 2021, you may be able to increase your credit for 2022. Complete the Worksheet on Side 2 of form FTB 3506. See Worksheet instructions.
(forms)(2022)(2022-3506-instructions)(block-31)Line 13#
Dependent care benefits are:
Amounts an employer paid directly to you (or your spouse/RDP), or to your care provider for the care of your qualifying person(s), while you worked.
A day-care facility provided by your employer.
Generally deducted from your salary.
Shown in box 10 of your 2022 federal Form(s) W-2, Wage and Tax Statement. Do not include on line 13 amounts reported in box 10 that exceed your plan's exclusion and are therefore reported as wages in box 1 of your 2022 federal Form(s) W-2.
(forms)(2022)(2022-3506-instructions)(block-32)Line 15#
If you had a flexible spending account, any amount included on line 13 that you did not receive because you did not incur the expense is considered forfeited. Do not include amounts you expect to receive at a future date.
(forms)(2022)(2022-3506-instructions)(block-33)Line 17#
Enter the total of all qualified expenses incurred in 2022. It does not matter when the expenses were paid.
A qualified expense does not include the amount you paid for education (school tuition) or the amount you received through a subsidy program.
Example: You received $2,000 cash under your employer’s dependent care plan for 2022. The $2,000 is shown in box 10 of your federal Form W-2. You incurred $900 of qualified expenses in 2022 for the care of your 3-year-old dependent child. Enter $900 on line 17, but report the entire $2,000 on line 13.
For all other lines, follow specific line instructions on the form. For additional information, get federal Form 2441 or federal Pub. 503, Child and Dependent Care Expenses.
(forms)(2022)(2022-3506-instructions)(block-34)Line 20#
If you are married or an RDP filing a separate return and you meet the requirements of Section E, Married Persons or RDPs Filing Separate Tax Returns, item 1, then enter your earned income from line 19. On line 22, enter $5,000.
If you were married or an RDP and filed a separate return but did not meet the requirements of Section E, Married Persons or RDPs Filing Separate Tax Returns, item 1, then enter your spouse’s/RDP’s earned income . If your spouse/RDP was a student or disabled in 2022, see the instructions for line 5. On line 22, enter $2,500.
(forms)(2022)(2022-3506-instructions)(block-35)Worksheet – Credit for 2021 Expenses Paid in 2022#
You will need a copy of your 2021 California tax return to complete the worksheet.
(forms)(2022)(2022-3506-instructions)(block-36)Line 12 and Line 14#
You need the 2021 form FTB 3506 instructions to complete the Credit for 2021 Expenses Paid in 2022 Worksheet, on Side 2. Forms are available at ftb.ca.gov/forms or by calling 800-338-0505.
(forms)(2022)(2022-3506-instructions)(block-37)Line 12#
Enter the decimal amount from the chart in the line 7 instructions of the 2021 form FTB 3506 that corresponds to your 2021 federal AGI.
(forms)(2022)(2022-3506-instructions)(block-38)Line 14#
Enter the decimal amount from the chart in the line 9 instructions of the 2021 form FTB 3506 that corresponds to your 2021 California AGI.
(forms)(2022)(2022-3506-instructions)(block-39)Franchise Tax Board Privacy Notice on Collection#
Our privacy notice can be found in annual tax booklets or online. Go to ftb.ca.gov/privacy to learn about our privacy policy statement, or go to ftb.ca.gov/forms and search for 1131 to locate FTB 1131 EN-SP, Franchise Tax Board Privacy Notice on Collection – Aviso de Privacidad del Franchise Tax Board sobre la Recaudación. To request this notice by mail, call 800-338-0505 and enter form code 948 when instructed.
(forms)(2022)(2022-3514)2022 Form FTB 3514, California Earned Income Tax Credit#
(forms)(2022)(2022-3514)(document-1)#
8461223 FTB 3514 2022 Side 1 TAXABLE YEAR 2022 California Earned Income Tax Credit FORM 3514 Attach to your California Form 540, Form 540 2EZ, or Form 540NR. Your SSN or ITIN Before you begin: If you claim the California EITC even though you know you are not eligible, you may not be allowed to take the credit for up to 10 years. If you are claiming the California EITC, you must provide your date of birth (DOB), and spouse’s/RDP's DOB if filing jointly, on your California tax return. If you qualify for the California EITC, you may also qualify for the Young Child Tax Credit (YCTC) and/or the Foster Youth Tax Credit (FYTC). You may also qualify for the YCTC if you would otherwise have been allowed the California EITC but you have earned income of zero dollars or less. See instructions for additional information. Follow Step 1 through Step 11 in the instructions to determine if you meet the requirements to complete this form, and to figure the amount of the credit(s). Part I Qualifying Information See Specific Instructions. 1 a Has the Internal Revenue Service (IRS) previously disallowed your federal Earned Income Credit (EIC)? b Has the Franchise Tax Board (FTB) previously disallowed your California EITC? 2 Federal AGI (federal Form 1040 or 1040-SR, line 11) 2 3 Federal EIC (federal Form 1040 or 1040-SR, line 27) 3 Part II Investment Income Information 4 Investment Income. See instructions for Step 2 – Investment Income 4 Part III Qualifying Child Information You must complete Part I and Part II before filling out Part III. If you are not claiming a qualifying child, skip Part III and go to Step 4 in the instructions. Qualifying Child Information (Complete line 5 through line 12 for each child under Child 1, Child 2, or Child 3, as applicable.) Child 1 Child 2 Child 3 5 First name 6 Last name 7 SSN or ITIN. See instructions. • • • 8 Date of birth (mm/dd/yyyy). If born after 2003 and the child is younger than you (or your spouse/RDP, if filing jointly), skip line 9a and line 9b; go to line 10. 9 a Was the child under age 24 at the end of 2022, a student, and younger than you (or your spouse/RDP, if filing jointly)? If yes, go to line 10. If no, go to line 9b. See instructions. b Was the child permanently and totally disabled during any part of 2022? If yes, go to line 10. If no, stop here. The child is not a qualifying child. 10 Child’s relationship to you. See instructions. TAXABLE YEAR 2022 California Earned Income Tax Credit FORM 3514 TAXABLE YEAR 2022 California Earned Income Tax Credit FORM 3514 For Privacy Notice, get FTB 1131 EN-SP.
. 00 . . 00 00 11 Number of days child lived with you in California during 2022. Do not enter more than 365 days. See instructions. If you are separated from your spouse/registered domestic partner (RDP), filing a separate return, and meet the requirements to claim the California Earned Income Tax Credit (EITC) (see instructions), check here . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . Name(s) as shown on tax return Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No
8462223 Side 2 FTB 3514 2022 Child 1 Child 2 Child 3 12 Child’s physical address during 2022. See instructions. a Street address (number, street, and apt. no./ste. no.) a Street address (number, street, and apt. no./ste. no.) a Street address (number, street, and apt. no./ste. no.) Street address (number, street, and apt. no./ste. no.). Part IV California Earned Income 13 Wages, salaries, tips, and other employee compensation, subject to California withholding. See instructions. 14 IHSS payments. See instructions. 15 Prison inmate wages and/or pension or annuity from a nonqualified deferred compensation plan or a
nongovernmental IRC Section 457 plan. See instructions. 16 Subtract line 14 and line 15 from line 13. 17 Nontaxable combat pay. See instructions. 18 Business income or (loss). Enter amount from Worksheet 3, line 5. See instructions.
a Business name
b Business address
c Business license number
e Business code Part 5 California Earned Income Tax Credit (Complete Step 6 in the instructions.) 20 California EITC. Enter amount from California Earned Income Tax Credit Worksheet, Part III, line 6.
This amount should also be entered on Form 540, line 75; or Form 540 2EZ, line 23a b City City b City b City c State State c State c State ZIP code
. . . . . . . . 00 00 00 00 00 00 00 00 . • 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 16 • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d SEIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 California Earned Income. Add line 16, line 17, and line 18 19 • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 • . . . . . . . . . . . . . . . . . . d ZIP code d ZIP code d ZIP code
8463223 FTB 3514 2022 (REV 02-23) Side 3 Part VI Nonresident or Part-Year Resident California Earned Income Tax Credit. 21 CA Exemption Credit Percentage from Form 540NR, line 38. See instructions. • • 22 Nonresident or Part-Year Resident EITC. Multiply line 20 by line 21.
This amount should also be entered on Form 540NR, line 85 • 22 1,083 . . . . . . . . . . 00 00 00 00 00 00 00 . Primary Taxpayer Spouse/R D P • • • • . . . 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Part VII Young Child Tax Credit (See Step 8 in the instructions before completing this part.) 23 California Earned Income. Enter the amount from form FTB 3514, line 19. If the amount entered here
is greater than $0, do not complete line 23a or line 23b and continue on to line 24 . . . . . 23
a Total wages, salaries, tips, and other employee compensation. See instructions
b If your total net loss exceeds $32,490, check the box. See instructions 24 Available Young Child Tax Credit • If the amount on line 23 is $25,000 or less, skip line 25 through line 27 and enter $1,083 on line 28. If applicable, complete line 29 and line 30. • If the amount on line 23 is greater than $25,000, complete line 25 through line 28. If applicable, complete line 29 and line 30. 25 Excess Earned Income over threshold. Subtract $25,000 from line 23 26 Divide line 25 by 100. Enter the result as a decimal out to two decimal places, do not round 27 Reduction amount. Multiply line 26 by $21.66. Enter the result as a decimal out to two decimal places,
do not round 28 Young Child Tax Credit. • If you did not need to complete line 25 through line 27, your credit is the $1,083 from line 24. • If you completed lines 25 through 27, to compute your credit, subtract line 27 from line 24. If your credit amount is between $0 and $1, enter $1. If your credit amount is over $1, round to the nearest whole dollar.
This amount should also be entered on Form 540, line 76; or Form 540 2EZ, line 23b Part VIII Nonresident or Part-Year Resident Young Child Tax Credit (See Step 9 in the instructions.) 29 CA Exemption Credit Percentage from Form 540NR, line 38. See instructions 30 Nonresident or Part-Year Resident YCTC. Multiply line 28 by line 29.
This amount should also be entered on Form 540NR, line 86 Part IX Foster Youth Tax Credit (See Step 10 in the instructions.) 31 Who is claiming the FYTC? If both spouses/RDPs qualify, you must each check the box that applies to you. See instructions.
a Primary Taxpayer: My name is the first name listed on this return.
b Spouse/RDP: My name is listed as the spouse/RDP on this joint return. 32 Qualifying foster youth information. See instructions.
a First name
b Last name . . 23a 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 25 26 • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 . . . . . . . . . . . . . . . . . . • 28 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 30 . . . . . . . . . . . . . . • . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8464223 Side 4 FTB 3514 2022 39 Foster Youth Tax Credit. • If you did not need to complete line 36 through line 38, and either the taxpayer or spouse/RDP is claiming the FYTC, the credit is the $1,083 from line 35. • If you did not need to complete line 36 through line 38, and both taxpayer and spouse/RDP are claiming the FYTC, the credit is the $2,166 from line 35. • If you completed line 36 through line 38, to compute your credit, subtract line 38 from line 35. If your credit amount is between $0 and $1, enter $1. If your credit amount is over $1, round to the nearest whole dollar.
This amount should also be entered on Form 540, line 77; or Form 540 2EZ, line 23c Part X Nonresident or Part-Year Resident Foster Youth Tax Credit (See Step 11 in the instructions.) Part X Nonresident or Part-Year Resident Foster Youth Tax Credit (See Step 11 in the instructions.) 34 California Earned Income. Enter the amount from form FTB 3514, line 19 a Primary Taxpayer: By checking the box and signing the tax return to which this form is attached, I certify that I am the primary taxpayer listed on this return and voluntarily consent and authorize the California Department of Social Services and any of its affiliated programs (including, but not limited to, CalWORKS and CalFRESH) to confirm or deny, and disclose relevant information to the State of California Franchise Tax Board regarding, my eligibility for the FYTC. b Spouse/RDP: By checking the box and signing the tax return to which this form is attached, I certify that I am the spouse/RDP listed on this joint return and voluntarily consent and authorize the California Department of Social Services and any of its affiliated programs (including, but not limited to, CalWORKS and CalFRESH) to confirm or deny, and disclose relevant information to the State of California Franchise Tax Board regarding, my eligibility for the FYTC. Note: Each individual who claims the FYTC and does not check the applicable box above must attach to this return a letter issued by a county or state agency confirming that individual’s status as a foster youth at or after age 13, or other proof of status, as a condition of receiving the FYTC. . . . . . 00 00 00 00 00 33 To better assist us in verifying your eligibility, please check the applicable box(es) below. See instructions. • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 . . . . . . . . . . . . . . . . . . . . . . . . . . 35 • If the amount on line 34 is $25,000 or less, skip line 36 through line 38 and enter on line 35 and line 39 the following amount.
> If either the taxpayer or spouse/RDP is claiming the FYTC, enter $1,083 on line 35 and line 39.
Bullet If both taxpayer and spouse/RDP are claiming the FYTC, enter $2,166 on line 35 and line 39. If applicable, complete line 40 and line 41. • If the amount on line 34 is greater than $25,000, complete line 36 through line 38 and enter on line 35 the following amount.
> If either the taxpayer or spouse/RDP is claiming the FYTC, enter $1,083 on line 35.
Bullet If both taxpayer and spouse/RDP are claiming the FYTC, enter $2,166 on line 35. If applicable, complete line 40 and line 41. 35 Available Foster Youth Tax Credit • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 36 Excess Earned Income over threshold. Subtract $25,000 from line 34 37 Divide line 36 by 100. Enter the result as a decimal out to two decimal places, do not round. 37 . . . . . . . . . . . . . 38 Reduction amount. • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 • If either the taxpayer or spouse/RDP is claiming the FYTC, multiply line 37 by $21.66. Enter the result as a decimal out to two decimal places, do not round. • If both taxpayer and spouse/RDP are claiming the FYTC, multiply line 37 by $43.32. Enter the result as a decimal out to two decimal places, do not round. • . . . . . . . . . . . . . . . . . . 39 40 . . . 40 CA Exemption Credit Percentage from Form 540NR, line 38. See instructions • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 41 Nonresident or Part-Year Resident FYTC. Multiply line line 39 by line 40.
This amount should also be entered on Form 540NR, line 87 • . . . . . . . . . . . . . . . . . . . .
(forms)(2022)(2022-3514-instructions)2022 Instructions for Form FTB 3514#
(forms)(2022)(2022-3514-instructions)(block-1)2022 Instructions for Form FTB 3514 California Earned Income Tax Credit Revised: 02/2023#
References in these instructions are to the Internal Revenue Code (IRC) as of January 1, 2015 , and to the California Revenue and Taxation Code (R&TC).
(forms)(2022)(2022-3514-instructions)(block-2)what’s New#
Foster Youth Tax Credit – For taxable years beginning on or after January 1, 2022, the refundable Foster Youth Tax Credit (FYTC) is available to an individual and/or spouse/RDP age 18 to 25, who is allowed the California Earned Income Tax Credit (EITC) for the taxable year, was in foster care while 13 years of age or older and placed through the California foster care system. The maximum amount of credit allowable for each eligible taxpayer is $1,083. The credit amount phases out as earned income exceeds the threshold amount of $25,000, and completely phases out at $30,000. For more information, see Step 10, Qualifications for Foster Youth Tax Credit (FYTC), in the instructions, or California Revenue and Taxation Code (R&TC) Section 17052.2, or go to ftb.ca.gov and search for fytc .
Young Child Tax Credit Expansion – For taxable years beginning on or after January 1, 2022, California expanded the Young Child Tax Credit (YCTC) eligibility to include an eligible individual with a qualifying child who would otherwise have been allowed the California EITC but that the individual has earned income of zero dollars or less, does not have net losses in excess of $32,490 in the taxable year, and does not have wages, salaries, tips, and other employee compensation in excess of $32,490 in the taxable year. For more information, see Step 8, Qualifications for Young Child Tax Credit (YCTC), in the instructions, or R&TC Section 17052.1, or go to ftb.ca.gov and search for yctc .
Special Rule for Separated Spouses/Registered Domestic Partners (RDPs) – The federal American Rescue Plan Act of 2021 allows married taxpayers who file married filing separately for federal purposes and who meet certain requirements to qualify for the federal Earned Income Tax Credit. California law conforms to these changes for purposes of eligibility for California Earned Income Tax Credit. For more information, see Specific Instructions, Special rule for separated spouses/RDPs.
Taxpayers with Individual Taxpayer Identification Number – For taxable years beginning on or after January 1, 2022, taxpayers who claim the EITC, YCTC, and FYTC using an Individual Taxpayer Identification Number (ITIN) may, upon request of the Franchise Tax Board (FTB), use identifying documents acceptable for purposes of obtaining a California identification card as authorized by the California Vehicle Code and related regulations for purposes of establishing documents acceptable to prove identity, in addition to other documents already listed under Specific Instructions for line 7, “Valid ITIN” section.
(forms)(2022)(2022-3514-instructions)(block-3)General Information#
In general, for taxable years beginning on or after January 1, 2015, California law conforms to the Internal Revenue Code (IRC) as of January 1, 2015. However, there are continuing differences between California and federal law. When California conforms to federal tax law changes, we do not always adopt all of the changes made at the federal level. For more information, go to ftb.ca.gov and search for conformity . Additional information can be found in FTB Pub. 1001, Supplemental Guidelines to California Adjustments, the instructions for California Schedule CA (540), California Adjustments – Residents, or Schedule CA (540NR), California Adjustments – Nonresidents or Part-Year Residents, and the Business Entity tax booklets.
The instructions provided with California tax forms are a summary of California tax law and are only intended to aid taxpayers in preparing their state income tax returns. We include information that is most useful to the greatest number of taxpayers in the limited space available. It is not possible to include all requirements of the R&TC in the instructions. Taxpayers should not consider the instructions as authoritative law.
(forms)(2022)(2022-3514-instructions)(block-4)Registered Domestic Partners#
For purposes of California income tax, references to a spouse, husband, or wife also refer to a California RDP, unless otherwise specified. When we use the initials RDP, they refer to both a California registered domestic “partner” and a California registered domestic “partnership,” as applicable. For more information on RDPs, get FTB Pub. 737, Tax Information for Registered Domestic Partners.
(forms)(2022)(2022-3514-instructions)(block-5)California Earned Income Tax Credit#
The refundable California EITC is available to taxpayers who earned wage income subject to California withholding and/or have net earnings from self-employment. This credit is similar to the federal Earned Income Credit (EIC) but with different income limitations. The California EITC reduces your California tax obligation, or allows a refund if no California tax is due. You do not need a child to qualify, but must file a California income tax return to claim the credit and attach a completed form FTB 3514, California Earned Income Tax Credit.
(forms)(2022)(2022-3514-instructions)(block-6)Young Child Tax Credit#
For taxable years beginning on or after January 1, 2019, the refundable YCTC is available to taxpayers who also qualify for the California EITC and who have at least one qualifying child who is younger than six years old as of the last day of the taxable year. For taxable year 2022, the maximum amount of credit allowable for a qualified taxpayer is $1,083. The credit amount phases out as earned income exceeds the threshold amount of $25,000, and completely phases out at $30,000. For more information, see Step 8, Qualifications for Young Child Tax Credit (YCTC), in the instructions, or go to ftb.ca.gov and search for yctc .
(forms)(2022)(2022-3514-instructions)(block-7)Expansion for Credits Eligibility#
For taxable years beginning on or after January 1, 2020, California expanded EITC and YCTC eligibility to allow either the federal Individual Tax Identification Number (ITIN) or the Social Security Number (SSN) to be used by all eligible individuals, their spouses, and qualifying children. If an ITIN is used, eligible individuals should provide identifying documents upon request of the Franchise Tax Board (FTB). Any valid SSN can be used, not only those that are valid for work. Additionally, upon receiving a valid SSN, the individual should notify the FTB in the time and manner prescribed by the FTB. The YCTC is available if the eligible individual or spouse has a qualifying child younger than six years old. For more information, see General Information B, Differences in California and Federal Law, Specific Instructions for line 7, and go to ftb.ca.gov and search for eitc .
(forms)(2022)(2022-3514-instructions)(block-8)Worker Status: Employees and Independent Contractors#
Some individuals may be classified as independent contractors for federal purposes and employees for California purposes, which may also cause changes in how their income and deductions are classified. For more information, see Specific Instructions, Step 5, line 13 and line 18.
(forms)(2022)(2022-3514-instructions)(block-9)A. Purpose#
Use form FTB 3514 to determine whether you qualify to claim the EITC, YCTC, and FYTC, provide information about your qualifying children, if applicable, and to figure the amount of your credits.
(forms)(2022)(2022-3514-instructions)(block-10)B. Differences in California and Federal Law#
The differences between California and federal law for the Earned Income Tax Credit are as follows:
California allows this credit for wage income (wages, salaries, tips and other employee compensation) that is subject to California withholding.
If you were a nonresident, you must have earned wage income that is subject to California withholding.
Both your earned income and federal adjusted gross income (AGI) must be less than $30,001 to qualify for the California credit.
An eligible individual without a qualifying child is 18 years or older for the California credit.
You may elect to include all of your (and/or all of your spouse's/RDP’s if filing jointly) nontaxable military combat pay in earned income for California purposes, whether or not you elect to include it for federal purposes. Get FTB Pub. 1032, Tax Information for Military Personnel, for special rules that apply to military personnel claiming the EITC.
You may elect to include or exclude Medicaid waiver payments or In Home Supportive Services (IHSS) payment from earned income for the California credit, whether or not you elect to include or exclude them for the federal credit.
California allows this credit to eligible individuals and their spouses who have a valid federal ITIN or who have qualifying children who have a valid federal ITIN.
(forms)(2022)(2022-3514-instructions)(block-11)Specific Instructions#
If certain requirements are met, you or your eligible spouse may claim the EITC, YCTC, or FYTC even if you do not have a valid SSN and instead have a valid federal ITIN. If you have a valid federal ITIN, enter it in the Your SSN or ITIN field at the top of the form. For more information, see the General Information section and Specific Instructions for line 7.
If certain requirements are met, you may claim the EITC even if you do not have a qualifying child. The amount of the credit is greater if you have a qualifying child, and increases with each child that qualifies, up to a maximum of three children. Follow Step 1 through Step 7 below to determine if you qualify for the credit and to figure the amount of the credit.
If your EITC was reduced or disallowed for any reason other than a math or clerical error and you now want to take the EITC, then answer “Yes” on line 1b within the form and follow Step 1 through Step 7 below to determine if you qualify for the credit.
Special Rule for Separated Spouses/RDPs . You can claim the EITC if you are married/RDP, not filing a joint return, had a qualifying child who lived with you for more than half of 2022, and either of the following applies:
You lived apart from your spouse/RDP for the last 6 months of 2022, or
You are legally separated according to California law under a written separation agreement or a decree of separate maintenance and you did not live in the same household as your spouse/RDP at the end of 2022.
If you meet these requirements, check the box at the top of form FTB 3514.
Attach the completed form FTB 3514 to your Form 540 or 540 2EZ, California Resident Income Tax Return, or Form 540NR, California Nonresident or Part-Year Resident Income Tax Return, if you claim the California EITC.
(forms)(2022)(2022-3514-instructions)(block-12)Step 1 Qualifications for All Filers#
In taxable year 2022, is the amount on federal Form 1040, U.S. Individual Income Tax Return, or Form 1040-SR, U.S. Tax Return for Seniors, line 11 (federal AGI) less than $30,001? Yes Continue. No Stop here, you cannot take the credit.
Do you, and your spouse/RDP if filing a joint return, have a valid SSN or federal ITIN? See line 7, "Valid SSN" or "Valid ITIN" within Step 3, Qualifying Child, for a full definition. Yes If you have a qualifying child, continue to question c. If you do not have a qualifying child, continue to question d. No Stop here, you cannot take the credit.
Do you, and your spouse/RDP if filing a joint return, have a qualifying child who has a valid SSN or federal ITIN? Yes Continue to question d. No You may qualify for the EITC as a filer without a qualifying child, continue to question d.
Is your filing status married/RDP filing separately? Yes See note below. No Continue to question e. Note : Special rule for separated spouses/RDPs. You can claim the EITC if you are married/in an RDP, not filing a joint return for the taxable year, had a qualifying child who lived with you for more than half of 2022, and either of the following apply: You lived apart from your spouse/RDP for the last 6 months of 2022, or You are legally separated according to California law under a written separation agreement or a decree of separate maintenance and you did not live in the same household as your spouse/RDP at the end of 2022. If your filing status is married/RDP filing separately and you do not meet these requirements, stop here, you cannot take the credit. If you meet these requirements, continue to question e.
Are you filing federal Form 2555, Foreign Earned Income? Yes Stop here, you cannot take the credit. No Continue.
Were you or your spouse/RDP a nonresident alien for any part of 2022? Yes If your filing status is married/RDP filing jointly, continue. Otherwise, stop here; you cannot take the credit. No Continue.
If you are filing Form 540NR, did you and your spouse/RDP live in California for at least 183 days? Yes Continue. No Stop here, you cannot take the credit.
Complete line 1, line 2, and line 3 on the form. Then go to Step 2.
(forms)(2022)(2022-3514-instructions)(block-13)Step 2 Investment Income#
If you are filing Form 540 or Form 540NR, complete Worksheet 1. If you are filing Form 540 2EZ, complete Worksheet 2.
(forms)(2022)(2022-3514-instructions)(block-14)Worksheet 1 – Investment Income Form 540 and Form 540NR Filers#
Interest and Dividends
Add and enter the amounts from federal Form 1040 or 1040-SR, line 2a and line 2b.
Enter the amount from federal Form 8814, Parents’ Election to Report Child’s Interest and Dividends, line 1b.
Enter the amount from federal Form 1040 or 1040-SR, line 3b.
Enter any amounts from federal Form 8814, line 12 for child’s interest and dividends.
Capital Gain Net Income
Enter the amount from federal Form 1040 or 1040-SR, line 7. If the result is less than zero, enter -0-.
Enter the gain from federal Form 4797, Sales of Business Property, line 7. If the amount on that line is a loss, enter -0-. (But, if you completed federal Form 4797, line 8 and line 9, enter the amount from line 9 instead).
Subtract line 6 from line 5. (If the result is less than zero, enter -0-).
Passive Activities
Enter the total of net income from passive activities included on federal Schedule 1 (Form 1040), Additional Income and Adjustments to Income, line 5.
Other Activities
Enter any income from the rental of personal property included on federal Schedule 1 (Form 1040), line 8l. If the result is zero or less, enter -0-.
Enter any expenses related to the rental of personal property included on federal Schedule 1 (Form 1040), line 24b.
Subtract line 10 from line 9. (If the result is less than zero, enter -0-).
Investment Income
Add the amounts on lines 1, 2, 3, 4, 7, 8, and 11. Enter the total. This is your investment income.
Is the amount on line 12 more than $4,389? Yes Stop here, you cannot take the credit. No Enter the amount from line 12 on form FTB 3514, line 4. Go to Step 3.
(forms)(2022)(2022-3514-instructions)(block-15)Worksheet 2 – Investment Income Form 540 2EZ Filers#
Taxable interest . Enter the amount from Form 540 2EZ, line 10.
Nontaxable interest. Add and enter the amounts from federal Form 1099-INT, box 3 and box 8, and the amount from federal Form 1099-DIV, box 12.
Dividends . Enter the amount from Form 540 2EZ, line 11.
Capital gain net income . Enter the amount from Form 540 2EZ, line 13.
Investment income . Add line 1, line 2, line 3 and line 4. Enter the amount here.
Is the amount on line 5 more than $4,389? Yes Stop here, you cannot take the credit. No Enter the amount from line 5 on form FTB 3514, line 4. Go to Step 3.
(forms)(2022)(2022-3514-instructions)(block-16)Qualifying Child Definition#
A qualifying child for the EITC is a child who meets the following conditions:
Is your son, daughter, stepchild, foster child, brother, sister, stepbrother, stepsister, half brother, half sister, or a descendant of any of them (for example, your grandchild, niece, or nephew).
Is under age 19 at the end of 2022 and younger than you (or your spouse/RDP, if filing jointly), or under age 24 at the end of 2022, a student, and younger than you (or your spouse/RDP, if filing jointly), or any age and permanently and totally disabled.
Is not filing a joint return for 2022 or is filing a joint return for 2022 only to claim a refund of withheld income tax or estimated tax paid. Get federal Pub. 596, Earned Income Credit, for examples.
Lived with you in California for more than half of 2022. If the child did not live with you for the required time, see exceptions in the instructions for line 11. Note : If the child was married/in an RDP or meets the conditions to be a qualifying child of another person (other than your spouse/RDP if filing a joint return), special rules apply. Get federal Pub. 596 for more information.
(forms)(2022)(2022-3514-instructions)(block-17)Qualifying Child Questionnaire#
Do you have at least one child who meets the conditions to be your qualifying child for the purpose of claiming the EITC? Yes Continue. No Go to Step 4.
Are you filing a joint return for 2022? Yes Complete form FTB 3514, Part III, line 5 through line 12. Go to Step 5. No Continue.
Are you a married/in an RDP taxpayer whose filing status is married/RDP filing separately or head of household? Yes Continue. No Skip questions d and e; go to question f.
Did you and your spouse/RDP have the same principal residence for the last 6 months of 2022? Yes Continue. No Skip question e; go to question f.
Are you legally separated according to California law under a written separation agreement or a decree of separate maintenance and you lived apart from your spouse/RDP at the end of 2022? Yes Continue. No Stop here, you cannot take the credit.
Could you be a qualifying child of another person for 2022? (Answer “No” if the other person is not required to file, and is not filing, a 2022 tax return or is filing a 2022 return only to claim a refund of withheld income tax or estimated tax paid. Get federal Pub. 596 for examples.) Yes Stop here, you cannot take the credit. No Complete form FTB 3514, Part III, line 5 through line 12. Go to Step 5.
Note : If your qualifying child is younger than six years old as of the last day of the taxable year, you must list that child’s information under Child 1, Child 2, or Child 3 column. Do not include the information of any child younger than six years old in an attachment to the form FTB 3514. See Step 8 and Step 9 in the instructions to see if you qualify for the YCTC.
(forms)(2022)(2022-3514-instructions)(block-18)Line 7 – SSN or ITIN#
The child must have a valid SSN or ITIN, as defined below, unless the child was born and died in 2022. If your child was born alive and died in 2022 and did not have an SSN or an ITIN, write “Died” on this line and attach a copy of the child’s birth certificate, death certificate, or hospital medical records or include it according to your software's instructions.
Valid SSN – A valid SSN is a number issued by the Social Security Administration without regard to whether it was issued for employment or issued solely for the purpose of receiving federally funded benefits.
Valid ITIN – A valid ITIN is a federal tax processing number issued by the Internal Revenue Service that is not expired or revoked. For taxable years beginning on or after January 1, 2020, a valid federal ITIN can be used to claim the EITC, YCTC, and FYTC. If an ITIN is used, eligible individuals should provide the documents listed below upon request by the FTB:
Identifying documents acceptable for purposes of obtaining a California driver’s license or identification card as authorized by the California Vehicle Code and related regulations for purposes of establishing documents acceptable to prove identity.
Identifying documents used to report earned income for the taxable year.
Additionally, upon receiving a valid SSN, the individual should notify the FTB in the time and manner prescribed by the FTB. For more information, go to ftb.ca.gov and search for eitc .
An Adoption Taxpayer Identification Number (ATIN) cannot be used to claim EITC. If you or your child has an ATIN and later gets a valid SSN, or a valid federal ITIN you may be able to file an amended return. Use Form 540, 540 2EZ, or 540NR to amend your original or previously filed tax return with Schedule X, California Explanation of Amended Return Changes, attached to the amended return.
If you did not have an SSN or federal ITIN by the due date of your 2022 return (including extensions), you cannot claim the EITC, YCTC, or FYTC on either your original or an amended 2022 return, even if you later get an SSN or federal ITIN. Also, if a child did not have an SSN or federal ITIN by the due date of your return (including extensions), you cannot count that child as a qualifying child in figuring the EITC (or YCTC) on either your original or an amended 2022 return, even if that child later gets an SSN or federal ITIN.
(forms)(2022)(2022-3514-instructions)(block-19)Line 9a – Student#
A student is a child who during any part of 5 calendar months of 2022 was enrolled as a full-time student at a school, or took a full-time, on-farm training course given by a school or a state, county, or local government agency. A school includes a technical, trade, or mechanical school. It does not include an on-the-job training course, correspondence school, or school offering courses only through the Internet.
(forms)(2022)(2022-3514-instructions)(block-20)Line 9b – Permanently and totally disabled#
A person is permanently and totally disabled if, at any time in 2022, the person could not engage in any substantial gainful activity because of a physical or mental condition and a doctor has determined that this condition (a) has lasted or can be expected to last continuously for at least a year, or (b) can be expected to lead to death.
(forms)(2022)(2022-3514-instructions)(block-21)Line 10 – Child’s relationship to you#
For additional information, see qualifying child definition.
(forms)(2022)(2022-3514-instructions)(block-22)Line 11 – Number of days child lived with you#
Enter the number of days the child lived with you in California during 2022. To qualify, the child must have the same principal place of residence in California as you for more than half of 2022, defined as 183 days or more (if a leap year, it is 184 days). If the child was born or died in 2022 and your home was the child’s home for more than half the time he or she was alive during 2022, enter "365". Do not enter more than 365 days, unless it’s a leap year, then enter 366 days. If the child did not live with you for the required time, temporary absences may count as time lived at home. For more information, get federal Pub. 596.
(forms)(2022)(2022-3514-instructions)(block-23)Line 12 – Child’s physical address#
Enter the physical address where the child resided during 2022. This should be the address of the principal place of residence in California where the child lived with you for more than half of 2022. If the child lived with you in California for more than half of 2022, but moved within California during this period, this should be the address of the principal place of residence that was shared the longest.
(forms)(2022)(2022-3514-instructions)(block-24)Step 4 Filer Without a Qualifying Child#
Is the amount on federal Form 1040 or 1040-SR, line 11 (federal AGI), less than $30,001? Yes Continue. No Stop here, you cannot take the credit.
Were you (or your spouse/RDP if filing a joint return) at least age 18 at the end of 2022? (Answer “Yes” if you, or your spouse/RDP if filing a joint return, were born on or before January 1, 2005.) If your spouse/RDP died in 2022 (or if you are preparing a return for someone who died in 2022), get federal Pub. 596 for more information before you answer. Yes Continue. No Stop here, you cannot take the credit.
Was your main home, and your spouse’s/RDP's if filing a joint return, in California for more than half of 2022? Yes Continue. No Stop here, you cannot take the credit.
Are you filing a joint return for 2022? For more information, get federal Pub. 596. Yes Skip questions e and f; go to Step 5. No Continue.
Could you be a qualifying child of another person for 2022? (Answer “No” if the other person is not required to file, and is not filing, a 2022 tax return or is filing a 2022 return only to claim a refund of withheld income tax or estimated tax paid. Get federal Pub. 596 for examples.) Yes Stop here, you cannot take the credit. No Continue.
Can you be claimed as a dependent on someone else’s 2022 tax return? Yes Stop here, you cannot take the credit. No Go to Step 5.
(forms)(2022)(2022-3514-instructions)(block-25)Step 5 California Earned Income#
Complete line 13 through line 19 to figure your California earned income.
(forms)(2022)(2022-3514-instructions)(block-26)Line 13 – Wages, salaries, tips, and other employee compensation, subject to California withholding#
Enter the total amount of your California wages from your federal Form(s) W-2, Wage and Tax Statement. This amount appears on Form W-2, box 16. Include all of your Medicaid waiver payments or IHSS payments even if the payments are nontaxable for federal purposes.
If you have not reached the minimum retirement age and you received disability payment reported on federal Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., and a distribution code 3 is shown in box 7 of federal Form 1099-R, include the amount of the disability payment on form FTB 3514, line 13.
Note : If you have clergy wages, subtract the self employment tax, if any, that was reported on federal Schedule SE (Form 1040), Self-Employment Tax, and enter the result on form FTB 3514, line 13.
Employees and independent contractors – If the taxpayer’s classification for California and federal purposes is different, enter the earned income as wages on line 13 or as business income on line 18 based on the federal classification of income. For example, a taxpayer may be classified as an independent contractor for federal purposes, but as an employee for California purposes. Based on this example, this taxpayer would enter their income as business income on form FTB 3514, line 18. Use your federal classification for EITC purposes only and for all other purposes such as completing other tax forms, schedules, etc., use your California classification.
(forms)(2022)(2022-3514-instructions)(block-27)Line 14 – IHSS payments#
You may elect to include or exclude your Medicaid waiver payments or IHSS payments if the payments are nontaxable for federal purposes. If you elect to exclude such payments from your earned income for California EITC purposes, enter the amount you received as Medicaid waiver payments or IHSS payments that are nontaxable for federal purposes on line 14. If you elect to include such payments, leave line 14 blank. If you are filing a joint return, both you and/or your spouse/RDP can elect to include or exclude your own nontaxable Medicaid waiver payments or IHSS payments for California EITC purposes. Each must elect to include or exclude all such payments, not just a portion of them. You may elect to include or exclude such payments from earned income for California EITC purposes, whether or not you elect to include or exclude them for federal purposes.
(forms)(2022)(2022-3514-instructions)(block-28)Line 15 – Prison inmate wages and/or pension or annuity from a nonqualified deferred compensation plan or a nongovernmental IRC Section 457 plan#
Enter the amount included on line 13, that you received for work performed while an inmate in a penal institution.
Enter the amount included on line 13, that you received as a pension or annuity from a nonqualified deferred compensation plan or a nongovernmental IRC Section 457 plan. This amount may be shown on federal Form W-2, box 11. If you received such an amount and box 11 is blank, contact your employer for the amount received as a pension or annuity.
(forms)(2022)(2022-3514-instructions)(block-29)Line 17 – Nontaxable combat pay#
Enter the amount from federal Form W-2, box 12, code Q, if you elect to include your nontaxable military combat pay in earned income for EITC purposes. If you are filing a joint return, both you and/or your spouse/RDP can elect to include your own nontaxable military combat pay for EITC purposes. Each must include all of their nontaxable military combat pay, not just a portion of it. You may elect to include nontaxable military combat pay in earned income for California purposes, whether or not you elect to include it for federal purposes.
(forms)(2022)(2022-3514-instructions)(block-30)Line 18 – Business income or (loss)#
If you are self-employed and have net earnings from self-employment, go to Worksheet 3 to figure your business income or loss. Attach a copy of your complete federal return, including any federal Schedule C (Form 1040), Profit or Loss From Business, Schedule F (Form 1040), Profit or Loss From Farming, Schedule SE (Form 1040), and any Schedule K-1 (Form 1065), Partner’s Share of Income, Deductions, Credits, etc.
Employees and independent contractors – If the taxpayer’s classification for California and federal purposes is different, enter the earned income as wages on line 13 or as business income on line 18 based on the federal classification of income. For example, a taxpayer may be classified as an independent contractor for federal purposes, but as an employee for California purposes. Based on this example, this taxpayer would enter their income as business income on form FTB 3514, line 18. Use your federal classification for EITC purposes only and for all other purposes such as completing other tax forms, schedules, etc., use your California classification.
(forms)(2022)(2022-3514-instructions)(block-31)Worksheet 3 – Business Income or (Loss)#
Business income or (loss) . Enter the amount from federal Schedule 1 (Form 1040), line 3.
Farm income or (loss) . Enter the amount from federal Schedule 1 (Form 1040), line 6.
Self-employment earnings from partnerships reported on federal Schedule(s) K-1 . Enter the net profit (or loss) from federal Schedule K-1 (Form 1065), box 14, code A.
Deductible part of self-employment tax. Enter the amount from federal Schedule 1 (Form 1040), line 15.
Total business income or (loss). Add line 1, line 2, line 3, and subtract line 4. Enter the amount here and on form FTB 3514, line 18.
(forms)(2022)(2022-3514-instructions)(block-32)Lines 18 a–e Business information#
Enter your business information in the spaces provided. If you have multiple businesses, use the information from the schedule with the largest net profit (loss).
(forms)(2022)(2022-3514-instructions)(block-33)Line b – Business address#
Enter your business address. Enter a street address instead of a box number. Include the suite or room number, if any.
(forms)(2022)(2022-3514-instructions)(block-34)Line c – Business license number#
Enter your business license number. A business license number is a reference number from a county, city, or state that allows you to engage in a specific business activity within the designated area. If you do not have a business license number, leave line c blank.
(forms)(2022)(2022-3514-instructions)(block-35)Line d – SEIN#
Enter your state employer identification number (SEIN) issued by the California Employment Development Department. If you do not have a SEIN, leave line d blank.
(forms)(2022)(2022-3514-instructions)(block-36)Line e – Business code#
Use the six-digit code from federal Schedule C (Form 1040) or Schedule F (Form 1040), box B.
After completing Step 5, line 18e go to Step 6 .
(forms)(2022)(2022-3514-instructions)(block-37)Step 6 How to Figure the California EITC#
Complete the California Earned Income Tax Credit Worksheet below only if you have earned income greater than zero on line 19. If you file Form 540 or 540 2EZ, after completing Step 6, skip Step 7 and go to Step 8. If you file Form 540NR, after completing Step 6, go to Step 7.
(forms)(2022)(2022-3514-instructions)(block-38)Part I – All Filers#
Enter your California earned income from form FTB 3514, line 19. If the amount is zero or less, stop here.
Look up the amount on line 1 in the EITC Table to find the credit. Be sure you use the correct column for the number of qualifying children you have. Enter the credit here. If the amount on line 2 is zero, stop here. You cannot take the credit.
Enter the amount from federal Form 1040 or 1040-SR, line 11 (federal AGI).
Are the amounts on lines 1 and 3 the same? Yes Skip line 5; and enter the amount from line 2 on line 6. No Go to line 5.
(forms)(2022)(2022-3514-instructions)(block-39)Part II – Filers Who Answered “No” on Line 4#
If you have:
No qualifying children, is the amount on line 3 less than $4,248?
1 qualifying child, is the amount on line 3 less than $6,379?
2 or more qualifying children, is the amount on line 3 less than $8,954? Yes Leave line 5 blank; enter the amount from line 2 on line 6. No Look up the amount on line 3 in the EITC Table to find the credit. Be sure you use the correct column for the number of qualifying children you have. Enter the credit here. Compare the amounts on line 5 and line 2, enter the smaller amount on line 6.
(forms)(2022)(2022-3514-instructions)(block-40)Part III – Your Earned Income Tax Credit#
This is your California earned income tax credit. Enter this amount on form FTB 3514, line 20.
(forms)(2022)(2022-3514-instructions)(block-41)Step 7 How to Figure the Nonresident or Part-Year Resident EITC#
If you file Form 540 or 540 2EZ, skip Step 7 and go to Step 8.
(forms)(2022)(2022-3514-instructions)(block-42)Line 21 – CA Exemption Credit Percentage#
If you file Form 540NR, enter your California Exemption Credit Percentage from Form 540NR, line 38 on form FTB 3514, line 21. However, if your total taxable income was less than zero and you entered $0 on Form 540NR, line 19, complete Worksheet 4 below to compute the correct California Exemption Credit Percentage to enter on form FTB 3514, line 21.
(forms)(2022)(2022-3514-instructions)(block-43)Worksheet 4 – California Exemption Credit Percentage#
Complete this worksheet only if you are a nonresident or part-year resident with negative total taxable income and you entered zero on Form 540NR, line 19.
Part I – Total Taxable Income
Enter the amount from Form 540NR, line 17. If a negative amount, enter as negative.
Enter the amount from Form 540NR, line 18.
Total Taxable Income. Subtract line 2 from line 1. Enter the negative result here.
Part II – California Taxable Income
Enter the amount from Schedule CA (540NR), Part IV, line 1. If a negative amount, enter as negative.
Enter the amount from Schedule CA (540NR), Part IV, line 4.
California Taxable Income. Subtract line 5 from line 4. If a negative amount, enter as negative.
Part III – California Exemption Credit Percentage
Subtract line 6 from line 3. If a negative amount, enter as negative.
Enter the amount from line 3 as a positive amount.
Divide line 7 by line 8. Enter amount as a decimal.
California Exemption Credit Percentage. Subtract line 9 from 1.000. If more than 1, enter 1.000. If less than zero, enter 0. Enter the result as a decimal here and on form FTB 3514, line 21, line 29, or line 40.
(forms)(2022)(2022-3514-instructions)(block-44)Line 22 – Nonresident or Part-Year Resident EITC#
Multiply line 20 by line 21 and enter the result on form FTB 3514, line 22. This amount should also be entered on Form 540NR, line 85.
(forms)(2022)(2022-3514-instructions)(block-45)Step 8 Qualifications for Young Child Tax Credit (YCTC)#
To qualify for the YCTC, you must meet all of the following:
You have been allowed the California EITC on this form if your California earned income is greater than zero or you would otherwise have been allowed the California EITC but you have earned income of zero dollars or less (see additional requirements after these bullet points).
You have at least one qualifying child for the California EITC.
Your qualifying child is younger than six years old as of the last day of the taxable year.
Additional requirements must be met if you would otherwise have been allowed the California EITC but you have earned income of zero dollars or less: You do not have total net losses in excess of $32,490 in the taxable year (this amount will be indexed annually). You do not have total wages, salaries, tips, and other employee compensation in excess of $32,490 in the taxable year (this amount will be indexed annually).
Caution : If you do not meet all of the requirements for YCTC, you cannot take this credit.
If you meet all of the requirements for YCTC, complete Part VII, Young Child Tax Credit. If you are a nonresident or part-year resident, also complete Part VIII, Nonresident or Part-Year Resident Young Child Tax Credit.
For taxable years beginning on or after January 1, 2020, California expanded YCTC eligibility for a qualifying child who is younger than 6 years old as of the last day of the taxable year, who has a valid federal ITIN. The child must be a qualifying child of an eligible individual, or the eligible individual’s spouse/RDP (if married), who have a valid federal ITIN.
Note : If your qualifying child is younger than six years old as of the last day of the taxable year, you must list that child’s information under Part III, Qualifying Child Information, Child 1, Child 2, or Child 3 column. Do not include the information of any child younger than six years old in an attachment to the form FTB 3514.
(forms)(2022)(2022-3514-instructions)(block-46)Line 23 – California Earned Income#
California earned income for purposes of the YCTC is the same as for the California EITC. Enter the amount from form FTB 3514, line 19.
(forms)(2022)(2022-3514-instructions)(block-47)Line 23a – Total wages, salaries, tips, and other employee compensation#
Enter the total amount of wages, salaries, tips, and other employee compensation by adding up the following amounts, if applicable:
Form FTB 3514, line 13
Form FTB 3514, line 17
Nontaxable combat pay that is not elected to be treated as earned income for purposes of EITC and which was not reported on form FTB 3514, line 17
Wages not subject to California withholding (e.g. out of state wages)
If the amount entered on line 23a exceeds $32,490, stop here , you do not qualify for the credit.
(forms)(2022)(2022-3514-instructions)(block-48)Line 23b – Total net loss (Form 540/Form 540NR Filers Only)#
For purposes of this line, total net loss means the amounts by which total losses generated during the year exceeds total income, without regard to utilization limitations.
Use Form 540 or Form 540NR, line 17 (without utilization limitations) when calculating the total net loss amount. Also, be sure to include any casualty or theft loss and/or disaster loss reported on Schedule CA (540), Part II, or Schedule CA (540NR), Part III, line 15 (column A minus column B plus column C) without utilization limitations, within this total net loss amount. Do not include carryover losses from a prior year within the total net loss calculation. Do not enter the total net loss amount on Form 3514, line 23b. If your total net loss amount exceeds $32,490, check the box on line 23b and stop here , you do not qualify for the credit.
(forms)(2022)(2022-3514-instructions)(block-49)Line 25 – Excess Earned Income over threshold#
Subtract the $25,000 threshold amount from your California earned income entered on line 23 and enter the excess amount on line 25.
(forms)(2022)(2022-3514-instructions)(block-50)Line 26 and Line 27#
For every $100 over the threshold amount, your credit is reduced by $21.66.
(forms)(2022)(2022-3514-instructions)(block-51)Line 28 – Young Child Tax Credit#
This is the amount of your allowable YCTC to claim on your tax return. This amount should also be entered on Form 540, line 76; or Form 540 2EZ, line 23b. If you file Form 540 or 540 2EZ, skip Step 9 and go to Step 10. If you file Form 540NR, go to Step 9.
(forms)(2022)(2022-3514-instructions)(block-52)Step 9 Nonresident or Part-Year Resident Young Child Tax Credit (YCTC)#
If you file Form 540 or 540 2EZ, skip Step 9 and go to Step 10.
(forms)(2022)(2022-3514-instructions)(block-53)Line 29 – CA exemption credit percentage#
If you file Form 540NR, enter your California Exemption Credit Percentage from Form 540NR, line 38 on form FTB 3514, line 29. However, if you completed Worksheet 4, enter the California Exemption Credit Percentage from Worksheet 4, line 10 on form FTB 3514, line 29.
(forms)(2022)(2022-3514-instructions)(block-54)Line 30 – Nonresident or part-year resident YCTC#
Multiply line 28 by line 29 and enter the result on form FTB 3514, line 30. This amount should also be entered on Form 540NR, line 86.
(forms)(2022)(2022-3514-instructions)(block-55)Step 10 Qualifications for Foster Youth Tax Credit (FYTC)#
To qualify for the FYTC, you must meet all of the following:
You have been allowed a California EITC on this form.
You are at least 18 years old and younger than 26 years old as of the last day of the taxable year.
You were in foster care while 13 years of age or older and placed through the California foster care system.
Caution : If you do not meet all of the requirements for FYTC, you cannot take this credit.
If you meet all of the requirements for FYTC, complete Part IX, Foster Youth Tax Credit. If you are a nonresident or part-year resident, also complete Part X, Nonresident or Part-Year Resident Foster Youth Tax Credit.
(forms)(2022)(2022-3514-instructions)(block-56)Line 31 – Who is claiming the FYTC#
Form FTB 3514 asks who is claiming the credit. You must check the box that applies to you (either Primary Taxpayer or Spouse/RDP) to claim the credit. You may only claim the credit for yourself. If you and your spouse/RDP both qualify for the credit, you each must check the box that applies to you.
To claim the FYTC, you must complete line 31 and line 33 of form FTB 3514 and sign your tax return.
(forms)(2022)(2022-3514-instructions)(block-57)Line 32 – Qualifying foster youth information#
If the first name and/or last name provided on the tax return is different from the first name and/or last name while in foster care, provide the name while in foster care in the applicable spaces provided.
(forms)(2022)(2022-3514-instructions)(block-58)Line 33 – Consent and authorization#
Check the box to indicate your consent and authorization for the California Department of Social Services (CDSS) to share limited information about you with the California Franchise Tax Board for purposes of verifying your eligibility for the FYTC. You may only provide consent for yourself. Consent is optional.
If you are not checking the applicable box to provide consent, attach to this return a letter issued by a county or state agency confirming each individual who claims the FYTC status as a foster youth at or after age 13, or other proof of status as a condition of receiving the FYTC. Below are samples of other proof/supporting documentation that may be provided:
CDSS Foster Care Verification Form
County-issued letter
If consent and/or the proof you submit does not result in satisfactory proof of your eligibility, we may contact you to provide additional proof, which may delay a decision on your eligibility.
To request information needed to verify your status as a foster youth at or after age 13, contact:
(forms)(2022)(2022-3514-instructions)(block-59)California Department of Social Services#
A decision on your eligibility for the FYTC may be delayed or denied if your eligibility is not confirmed by CDSS or you do not provide satisfactory proof of your eligibility to the FTB. For that reason, we recommend that you check the applicable box to provide your consent and/or attach proof of your status as a foster youth at or after age 13 to your tax return.
You must sign your tax return and attach form FTB 3514 to your return.
(forms)(2022)(2022-3514-instructions)(block-60)Line 34 – California Earned Income#
California earned income for purposes of the FYTC is the same as for the California EITC. Enter the amount from form FTB 3514, line 19.
(forms)(2022)(2022-3514-instructions)(block-61)Line 36 – Excess Earned Income over threshold#
Subtract the $25,000 threshold amount from your California earned income entered on line 34 and enter the excess amount on line 36.
(forms)(2022)(2022-3514-instructions)(block-62)Line 37 and Line 38#
For every $100 over the threshold amount, the credit is reduced by $21.66 if either the taxpayer or spouse/RDP is claiming the FYTC, and by $43.32 if both taxpayer and spouse/RDP are claiming the FYTC.
(forms)(2022)(2022-3514-instructions)(block-63)Line 39 – Foster Youth Tax Credit#
This is the amount of your allowable FYTC to claim on your tax return. This amount should also be entered on Form 540, line 77; or Form 540 2EZ, line 23c. If you file Form 540 or 540 2EZ, stop here, do not go to Step 11.
(forms)(2022)(2022-3514-instructions)(block-64)Line 40 – CA exemption credit percentage#
If you file Form 540NR, enter your California Exemption Credit Percentage from Form 540NR, line 38 on form FTB 3514, line 40. However, if you completed Worksheet 4, enter the California Exemption Credit Percentage from Worksheet 4, line 10 on form FTB 3514, line 40.
(forms)(2022)(2022-3514-instructions)(block-65)Line 41 – Nonresident or part-year resident FYTC#
Multiply line 39 by line 40 and enter the result on form FTB 3514, line 41. This amount should also be entered on Form 540NR, line 87.
(forms)(2022)(2022-3514-instructions)(block-66)Franchise Tax Board Privacy Notice on Collection#
Our privacy notice can be found in annual tax booklets or online. Go to ftb.ca.gov/privacy to learn about our privacy policy statement, or go to ftb.ca.gov/forms and search for 1131 to locate FTB 1131 EN-SP, Franchise Tax Board Privacy Notice on Collection – Aviso de Privacidad del Franchise Tax Board sobre la Recaudación. To request this notice by mail, call 800-338-0505 and enter form code 948 when instructed.
(forms)(2022)(2022-3514-instructions)(block-67)2022 Earned Income Tax Credit Table#
Caution : This is not a tax table.
To find your credit, read down the “At least – But not over” columns and find the line that includes the amount you were told to look up from your California Earned Income Tax Credit Worksheet.
Then, go to the column that includes the number of qualifying children you have. Enter the credit from that column on your California Earned Income Tax Credit Worksheet.
If the amount you are looking up from the worksheet is – And your number of qualifying children is – At least But Not Over 0 1 2 3 Your credit is – 1 50 2 7 9 10 51 100 5 22 26 29 101 150 8 36 43 48 151 200 11 51 60 67 201 250 15 65 77 86 251 300 18 80 94 105 301 350 21 94 111 125 351 400 24 109 128 144 401 450 28 123 145 163 451 500 31 137 162 182 501 550 34 152 179 201 551 600 37 166 196 220 601 650 41 181 213 239 651 700 44 195 230 258 701 750 47 210 247 278 751 800 50 224 264 297 801 850 54 239 281 316 851 900 57 253 298 335 901 950 60 267 315 354 951 1,000 63 282 332 373 1,001 1,050 67 296 349 392 1,051 1,100 70 311 366 411 1,101 1,150 73 325 383 431 1,151 1,200 76 340 400 450 1,201 1,250 80 354 417 469 1,251 1,300 83 369 434 488 1,301 1,350 86 383 451 507 1,351 1,400 89 398 468 526 1,401 1,450 93 412 485 545 1,451 1,500 96 426 502 564 1,501 1,550 99 441 519 584 1,551 1,600 102 455 536 603 1,601 1,650 106 470 553 622 1,651 1,700 109 484 570 641 1,701 1,750 112 499 587 660 1,751 1,800 115 513 604 679 1,801 1,850 119 528 621 698 1,851 1,900 122 542 638 717 1,901 1,950 125 556 655 737 1,951 2,000 128 571 672 756 2,001 2,050 132 585 689 775 2,051 2,100 135 600 706 794 2,101 2,150 138 614 723 813 2,151 2,200 141 629 740 832 2,201 2,250 145 643 757 851 2,251 2,300 148 658 774 870 2,301 2,350 151 672 791 890 2,351 2,400 154 687 808 909 2,401 2,450 158 701 825 928 2,451 2,500 161 715 842 947 2,501 2,550 164 730 859 966 2,551 2,600 167 744 876 985 2,601 2,650 171 759 893 1,004 2,651 2,700 174 773 910 1,023 2,701 2,750 177 788 927 1,043 2,751 2,800 180 802 944 1,062 2,801 2,850 184 817 961 1,081 2,851 2,900 187 831 978 1,100 2,901 2,950 190 845 995 1,119 2,951 3,000 193 860 1,012 1,138 3,001 3,050 197 874 1,029 1,157 3,051 3,100 200 889 1,046 1,176 3,101 3,150 203 903 1,063 1,196 3,151 3,200 206 918 1,080 1,215 3,201 3,250 210 932 1,097 1,234 3,251 3,300 213 947 1,114 1,253 3,301 3,350 216 961 1,131 1,272 3,351 3,400 219 976 1,148 1,291 3,401 3,450 223 990 1,165 1,310 3,451 3,500 226 1,004 1,182 1,329 3,501 3,550 229 1,019 1,199 1,349 3,551 3,600 232 1,033 1,216 1,368 3,601 3,650 236 1,048 1,233 1,387 3,651 3,700 239 1,062 1,250 1,406 3,701 3,750 242 1,077 1,267 1,425 3,751 3,800 246 1,091 1,284 1,444 3,801 3,850 249 1,106 1,301 1,463 3,851 3,900 252 1,120 1,318 1,482 3,901 3,950 255 1,134 1,335 1,502 3,951 4,000 259 1,149 1,352 1,521 4,001 4,050 262 1,163 1,369 1,540 4,051 4,100 265 1,178 1,386 1,559 4,101 4,150 268 1,192 1,403 1,578 4,151 4,200 272 1,207 1,420 1,597 4,201 4,250 275 1,221 1,437 1,616 4,251 4,300 274 1,236 1,454 1,635 4,301 4,350 271 1,250 1,471 1,655 4,351 4,400 268 1,265 1,488 1,674 4,401 4,450 265 1,279 1,505 1,693 4,451 4,500 261 1,293 1,522 1,712 4,501 4,550 258 1,308 1,539 1,731 4,551 4,600 255 1,322 1,556 1,750 4,601 4,650 252 1,337 1,573 1,769 4,651 4,700 248 1,351 1,590 1,788 4,701 4,750 245 1,366 1,607 1,808 4,751 4,800 242 1,380 1,624 1,827 4,801 4,850 239 1,395 1,641 1,846 4,851 4,900 235 1,409 1,658 1,865 4,901 4,950 232 1,423 1,675 1,884 4,951 5,000 230 1,438 1,692 1,903 5,001 5,050 230 1,452 1,709 1,922 5,051 5,100 229 1,467 1,726 1,941 5,101 5,150 229 1,481 1,743 1,961 5,151 5,200 228 1,496 1,760 1,980 5,201 5,250 228 1,510 1,777 1,999 5,251 5,300 227 1,525 1,794 2,018 5,301 5,350 227 1,539 1,811 2,037 5,351 5,400 226 1,554 1,828 2,056 5,401 5,450 226 1,568 1,845 2,075 5,451 5,500 226 1,582 1,862 2,094 5,501 5,550 225 1,597 1,879 2,114 5,551 5,600 225 1,611 1,896 2,133 5,601 5,650 224 1,626 1,913 2,152 5,651 5,700 224 1,640 1,930 2,171 5,701 5,750 223 1,655 1,947 2,190 5,751 5,800 223 1,669 1,964 2,209 5,801 5,850 222 1,684 1,981 2,228 5,851 5,900 222 1,698 1,998 2,247 5,901 5,950 221 1,712 2,015 2,267 5,951 6,000 221 1,727 2,032 2,286 6,001 6,050 220 1,741 2,049 2,305 6,051 6,100 220 1,756 2,066 2,324 6,101 6,150 220 1,770 2,083 2,343 6,151 6,200 219 1,785 2,100 2,362 6,201 6,250 219 1,799 2,117 2,381 6,251 6,300 218 1,814 2,134 2,400 6,301 6,350 218 1,828 2,151 2,420 6,351 6,400 217 1,843 2,168 2,439 6,401 6,450 217 1,830 2,185 2,458 6,451 6,500 216 1,816 2,202 2,477 6,501 6,550 216 1,801 2,219 2,496 6,551 6,600 215 1,787 2,236 2,515 6,601 6,650 215 1,772 2,253 2,534 6,651 6,700 215 1,758 2,270 2,553 6,701 6,750 214 1,743 2,287 2,573 6,751 6,800 214 1,729 2,304 2,592 6,801 6,850 213 1,714 2,321 2,611 6,851 6,900 213 1,700 2,338 2,630 6,901 6,950 212 1,686 2,355 2,649 6,951 7,000 212 1,671 2,372 2,668 7,001 7,050 211 1,657 2,389 2,687 7,051 7,100 211 1,642 2,406 2,706 7,101 7,150 210 1,628 2,423 2,726 7,151 7,200 210 1,613 2,440 2,745 7,201 7,250 209 1,599 2,457 2,764 7,251 7,300 209 1,584 2,474 2,783 7,301 7,350 209 1,570 2,491 2,802 7,351 7,400 208 1,556 2,508 2,821 7,401 7,450 208 1,541 2,525 2,840 7,451 7,500 207 1,527 2,542 2,859 7,501 7,550 207 1,512 2,559 2,879 7,551 7,600 206 1,498 2,576 2,898 7,601 7,650 206 1,483 2,593 2,917 7,651 7,700 205 1,469 2,610 2,936 7,701 7,750 205 1,454 2,627 2,955 7,751 7,800 204 1,440 2,644 2,974 7,801 7,850 204 1,425 2,661 2,993 7,851 7,900 204 1,411 2,678 3,012 7,901 7,950 203 1,397 2,695 3,032 7,951 8,000 203 1,382 2,712 3,051 8,001 8,050 202 1,368 2,729 3,070 8,051 8,100 202 1,353 2,746 3,089 8,101 8,150 201 1,339 2,763 3,108 8,151 8,200 201 1,324 2,780 3,127 8,201 8,250 200 1,310 2,797 3,146 8,251 8,300 200 1,295 2,814 3,165 8,301 8,350 199 1,281 2,831 3,185 8,351 8,400 199 1,267 2,848 3,204 8,401 8,450 198 1,252 2,865 3,223 8,451 8,500 198 1,238 2,882 3,242 8,501 8,550 198 1,223 2,899 3,261 8,551 8,600 197 1,209 2,916 3,280 8,601 8,650 197 1,194 2,933 3,299 8,651 8,700 196 1,180 2,950 3,318 8,701 8,750 196 1,165 2,967 3,338 8,751 8,800 195 1,151 2,984 3,357 8,801 8,850 195 1,136 3,001 3,376 8,851 8,900 194 1,122 3,018 3,395 8,901 8,950 194 1,108 3,035 3,414 8,951 9,000 193 1,093 3,037 3,417 9,001 9,050 193 1,079 3,020 3,398 9,051 9,100 192 1,064 3,003 3,378 9,101 9,150 192 1,050 2,986 3,359 9,151 9,200 192 1,035 2,969 3,340 9,201 9,250 191 1,021 2,952 3,321 9,251 9,300 191 1,006 2,935 3,302 9,301 9,350 190 992 2,918 3,283 9,351 9,400 190 978 2,901 3,264 9,401 9,450 189 963 2,884 3,245 9,451 9,500 189 949 2,867 3,225 9,501 9,550 188 934 2,850 3,206 9,551 9,600 188 920 2,833 3,187 9,601 9,650 187 905 2,816 3,168 9,651 9,700 187 891 2,799 3,149 9,701 9,750 187 876 2,782 3,130 9,751 9,800 186 862 2,765 3,111 9,801 9,850 186 847 2,748 3,092 9,851 9,900 185 833 2,731 3,072 9,901 9,950 185 819 2,714 3,053 9,951 10,000 184 804 2,697 3,034 10,001 10,050 184 790 2,680 3,015 10,051 10,100 183 775 2,663 2,996 10,101 10,150 183 761 2,646 2,977 10,151 10,200 182 746 2,629 2,958 10,201 10,250 182 732 2,612 2,939 10,251 10,300 181 717 2,595 2,919 10,301 10,350 181 703 2,578 2,900 10,351 10,400 181 689 2,561 2,881 10,401 10,450 180 674 2,544 2,862 10,451 10,500 180 660 2,527 2,843 10,501 10,550 179 645 2,510 2,824 10,551 10,600 179 631 2,493 2,805 10,601 10,650 178 616 2,476 2,786 10,651 10,700 178 602 2,459 2,766 10,701 10,750 177 587 2,442 2,747 10,751 10,800 177 578 2,425 2,728 10,801 10,850 176 577 2,408 2,709 10,851 10,900 176 575 2,391 2,690 10,901 10,950 176 574 2,374 2,671 10,951 11,000 175 572 2,357 2,652 11,001 11,050 175 571 2,340 2,633 11,051 11,100 174 569 2,323 2,613 11,101 11,150 174 568 2,306 2,594 11,151 11,200 173 566 2,289 2,575 11,201 11,250 173 565 2,272 2,556 11,251 11,300 172 563 2,255 2,537 11,301 11,350 172 562 2,238 2,518 11,351 11,400 171 560 2,221 2,499 11,401 11,450 171 558 2,204 2,480 11,451 11,500 170 557 2,187 2,460 11,501 11,550 170 555 2,170 2,441 11,551 11,600 170 554 2,153 2,422 11,601 11,650 169 552 2,136 2,403 11,651 11,700 169 551 2,119 2,384 11,701 11,750 168 549 2,102 2,365 11,751 11,800 168 548 2,085 2,346 11,801 11,850 167 546 2,068 2,327 11,851 11,900 167 545 2,051 2,307 11,901 11,950 166 543 2,034 2,288 11,951 12,000 166 542 2,017 2,269 12,001 12,050 165 540 2,000 2,250 12,051 12,100 165 539 1,983 2,231 12,101 12,150 164 537 1,966 2,212 12,151 12,200 164 536 1,949 2,193 12,201 12,250 164 534 1,932 2,174 12,251 12,300 163 533 1,915 2,154 12,301 12,350 163 531 1,898 2,135 12,351 12,400 162 530 1,881 2,116 12,401 12,450 162 528 1,864 2,097 12,451 12,500 161 527 1,847 2,078 12,501 12,550 161 525 1,830 2,059 12,551 12,600 160 524 1,813 2,040 12,601 12,650 160 522 1,796 2,021 12,651 12,700 159 521 1,779 2,001 12,701 12,750 159 519 1,762 1,982 12,751 12,800 159 518 1,745 1,963 12,801 12,850 158 516 1,728 1,944 12,851 12,900 158 515 1,711 1,925 12,901 12,950 157 513 1,694 1,906 12,951 13,000 157 512 1,677 1,887 13,001 13,050 156 510 1,660 1,868 13,051 13,100 156 509 1,643 1,848 13,101 13,150 155 507 1,626 1,829 13,151 13,200 155 506 1,609 1,810 13,201 13,250 154 504 1,592 1,791 13,251 13,300 154 503 1,575 1,772 13,301 13,350 153 501 1,558 1,753 13,351 13,400 153 500 1,541 1,734 13,401 13,450 153 498 1,524 1,715 13,451 13,500 152 497 1,507 1,695 13,501 13,550 152 495 1,490 1,676 13,551 13,600 151 494 1,473 1,657 13,601 13,650 151 492 1,456 1,638 13,651 13,700 150 491 1,439 1,619 13,701 13,750 150 489 1,422 1,600 13,751 13,800 149 488 1,405 1,581 13,801 13,850 149 486 1,388 1,562 13,851 13,900 148 485 1,371 1,542 13,901 13,950 148 483 1,354 1,523 13,951 14,000 148 482 1,337 1,504 14,001 14,050 147 480 1,320 1,485 14,051 14,100 147 479 1,303 1,466 14,101 14,150 146 477 1,286 1,447 14,151 14,200 146 476 1,269 1,428 14,201 14,250 145 474 1,252 1,409 14,251 14,300 145 473 1,235 1,389 14,301 14,350 144 471 1,218 1,370 14,351 14,400 144 470 1,201 1,351 14,401 14,450 143 468 1,184 1,332 14,451 14,500 143 467 1,167 1,313 14,501 14,550 142 465 1,150 1,294 14,551 14,600 142 464 1,133 1,275 14,601 14,650 142 462 1,116 1,256 14,651 14,700 141 461 1,099 1,236 14,701 14,750 141 459 1,082 1,217 14,751 14,800 140 458 1,065 1,198 14,801 14,850 140 456 1,048 1,179 14,851 14,900 139 455 1,031 1,160 14,901 14,950 139 453 1,014 1,141 14,951 15,000 138 452 997 1,122 15,001 15,050 138 450 980 1,103 15,051 15,100 137 449 963 1,083 15,101 15,150 137 447 946 1,064 15,151 15,200 136 446 929 1,045 15,201 15,250 136 444 912 1,026 15,251 15,300 136 443 895 1,007 15,301 15,350 135 441 878 988 15,351 15,400 135 440 861 969 15,401 15,450 134 438 844 950 15,451 15,500 134 437 827 930 15,501 15,550 133 435 810 911 15,551 15,600 133 434 793 892 15,601 15,650 132 432 776 873 15,651 15,700 132 431 759 854 15,701 15,750 131 429 742 835 15,751 15,800 131 428 725 816 15,801 15,850 131 426 708 797 15,851 15,900 130 425 691 777 15,901 15,950 130 423 674 758 15,951 16,000 129 422 657 739 16,001 16,050 129 420 640 720 16,051 16,100 128 419 623 701 16,101 16,150 128 417 606 682 16,151 16,200 127 416 589 663 16,201 16,250 127 414 578 644 16,251 16,300 126 413 576 624 16,301 16,350 126 411 574 605 16,351 16,400 125 410 572 586 16,401 16,450 125 408 569 577 16,451 16,500 125 407 567 575 16,501 16,550 124 405 565 573 16,551 16,600 124 404 563 571 16,601 16,650 123 402 561 569 16,651 16,700 123 401 559 567 16,701 16,750 122 399 557 564 16,751 16,800 122 398 555 562 16,801 16,850 121 396 553 560 16,851 16,900 121 395 551 558 16,901 16,950 120 393 548 556 16,951 17,000 120 391 546 554 17,001 17,050 120 390 544 552 17,051 17,100 119 388 542 550 17,101 17,150 119 387 540 547 17,151 17,200 118 385 538 545 17,201 17,250 118 384 536 543 17,251 17,300 117 382 534 541 17,301 17,350 117 381 532 539 17,351 17,400 116 379 530 537 17,401 17,450 116 378 528 535 17,451 17,500 115 376 525 532 17,501 17,550 115 375 523 530 17,551 17,600 114 373 521 528 17,601 17,650 114 372 519 526 17,651 17,700 114 370 517 524 17,701 17,750 113 369 515 522 17,751 17,800 113 367 513 520 17,801 17,850 112 366 511 518 17,851 17,900 112 364 509 515 17,901 17,950 111 363 507 513 17,951 18,000 111 361 504 511 18,001 18,050 110 360 502 509 18,051 18,100 110 358 500 507 18,101 18,150 109 357 498 505 18,151 18,200 109 355 496 503 18,201 18,250 108 354 494 501 18,251 18,300 108 352 492 498 18,301 18,350 108 351 490 496 18,351 18,400 107 349 488 494 18,401 18,450 107 348 486 492 18,451 18,500 106 346 483 490 18,501 18,550 106 345 481 488 18,551 18,600 105 343 479 486 18,601 18,650 105 342 477 484 18,651 18,700 104 340 475 481 18,701 18,750 104 339 473 479 18,751 18,800 103 337 471 477 18,801 18,850 103 336 469 475 18,851 18,900 103 334 467 473 18,901 18,950 102 333 465 471 18,951 19,000 102 331 462 469 19,001 19,050 101 330 460 466 19,051 19,100 101 328 458 464 19,101 19,150 100 327 456 462 19,151 19,200 100 325 454 460 19,201 19,250 99 324 452 458 19,251 19,300 99 322 450 456 19,301 19,350 98 321 448 454 19,351 19,400 98 319 446 452 19,401 19,450 97 318 444 449 19,451 19,500 97 316 441 447 19,501 19,550 97 315 439 445 19,551 19,600 96 313 437 443 19,601 19,650 96 312 435 441 19,651 19,700 95 310 433 439 19,701 19,750 95 309 431 437 19,751 19,800 94 307 429 435 19,801 19,850 94 306 427 432 19,851 19,900 93 304 425 430 19,901 19,950 93 303 423 428 19,951 20,000 92 301 420 426 20,001 20,050 92 300 418 424 20,051 20,100 92 298 416 422 20,101 20,150 91 297 414 420 20,151 20,200 91 295 412 417 20,201 20,250 90 294 410 415 20,251 20,300 90 292 408 413 20,301 20,350 89 291 406 411 20,351 20,400 89 289 404 409 20,401 20,450 88 288 402 407 20,451 20,500 88 286 399 405 20,501 20,550 87 285 397 403 20,551 20,600 87 283 395 400 20,601 20,650 86 282 393 398 20,651 20,700 86 280 391 396 20,701 20,750 86 279 389 394 20,751 20,800 85 277 387 392 20,801 20,850 85 276 385 390 20,851 20,900 84 274 383 388 20,901 20,950 84 273 381 386 20,951 21,000 83 271 378 383 21,001 21,050 83 270 376 381 21,051 21,100 82 268 374 379 21,101 21,150 82 267 372 377 21,151 21,200 81 265 370 375 21,201 21,250 81 264 368 373 21,251 21,300 80 262 366 371 21,301 21,350 80 261 364 369 21,351 21,400 80 259 362 366 21,401 21,450 79 258 360 364 21,451 21,500 79 256 357 362 21,501 21,550 78 255 355 360 21,551 21,600 78 253 353 358 21,601 21,650 77 252 351 356 21,651 21,700 77 250 349 354 21,701 21,750 76 249 347 351 21,751 21,800 76 247 345 349 21,801 21,850 75 246 343 347 21,851 21,900 75 244 341 345 21,901 21,950 75 243 339 343 21,951 22,000 74 241 336 341 22,001 22,050 74 240 334 339 22,051 22,100 73 238 332 337 22,101 22,150 73 237 330 334 22,151 22,200 72 235 328 332 22,201 22,250 72 234 326 330 22,251 22,300 71 232 324 328 22,301 22,350 71 231 322 326 22,351 22,400 70 229 320 324 22,401 22,450 70 228 318 322 22,451 22,500 69 226 315 320 22,501 22,550 69 224 313 317 22,551 22,600 69 223 311 315 22,601 22,650 68 221 309 313 22,651 22,700 68 220 307 311 22,701 22,750 67 218 305 309 22,751 22,800 67 217 303 307 22,801 22,850 66 215 301 305 22,851 22,900 66 214 299 303 22,901 22,950 65 212 297 300 22,951 23,000 65 211 294 298 23,001 23,050 64 209 292 296 23,051 23,100 64 208 290 294 23,101 23,150 64 206 288 292 23,151 23,200 63 205 286 290 23,201 23,250 63 203 284 288 23,251 23,300 62 202 282 285 23,301 23,350 62 200 280 283 23,351 23,400 61 199 278 281 23,401 23,450 61 197 276 279 23,451 23,500 60 196 273 277 23,501 23,550 60 194 271 275 23,551 23,600 59 193 269 273 23,601 23,650 59 191 267 271 23,651 23,700 58 190 265 268 23,701 23,750 58 188 263 266 23,751 23,800 58 187 261 264 23,801 23,850 57 185 259 262 23,851 23,900 57 184 257 260 23,901 23,950 56 182 255 258 23,951 24,000 56 181 252 256 24,001 24,050 55 179 250 254 24,051 24,100 55 178 248 251 24,101 24,150 54 176 246 249 24,151 24,200 54 175 244 247 24,201 24,250 53 173 242 245 24,251 24,300 53 172 240 243 24,301 24,350 52 170 238 241 24,351 24,400 52 169 236 239 24,401 24,450 52 167 234 237 24,451 24,500 51 166 231 234 24,501 24,550 51 164 229 232 24,551 24,600 50 163 227 230 24,601 24,650 50 161 225 228 24,651 24,700 49 160 223 226 24,701 24,750 49 158 221 224 24,751 24,800 48 157 219 222 24,801 24,850 48 155 217 219 24,851 24,900 47 154 215 217 24,901 24,950 47 152 213 215 24,951 25,000 47 151 210 213 25,001 25,050 46 149 208 211 25,051 25,100 46 148 206 209 25,101 25,150 45 146 204 207 25,151 25,200 45 145 202 205 25,201 25,250 44 143 200 202 25,251 25,300 44 142 198 200 25,301 25,350 43 140 196 198 25,351 25,400 43 139 194 196 25,401 25,450 42 137 192 194 25,451 25,500 42 136 189 192 25,501 25,550 41 134 187 190 25,551 25,600 41 133 185 188 25,601 25,650 41 131 183 185 25,651 25,700 40 130 181 183 25,701 25,750 40 128 179 181 25,751 25,800 39 127 177 179 25,801 25,850 39 125 175 177 25,851 25,900 38 124 173 175 25,901 25,950 38 122 171 173 25,951 26,000 37 121 168 171 26,001 26,050 37 119 166 168 26,051 26,100 36 118 164 166 26,101 26,150 36 116 162 164 26,151 26,200 36 115 160 162 26,201 26,250 35 113 158 160 26,251 26,300 35 112 156 158 26,301 26,350 34 110 154 156 26,351 26,400 34 109 152 153 26,401 26,450 33 107 150 151 26,451 26,500 33 106 147 149 26,501 26,550 32 104 145 147 26,551 26,600 32 103 143 145 26,601 26,650 31 101 141 143 26,651 26,700 31 100 139 141 26,701 26,750 30 98 137 139 26,751 26,800 30 97 135 136 26,801 26,850 30 95 133 134 26,851 26,900 29 94 131 132 26,901 26,950 29 92 129 130 26,951 27,000 28 91 126 128 27,001 27,050 28 89 124 126 27,051 27,100 27 88 122 124 27,101 27,150 27 86 120 122 27,151 27,200 26 85 118 119 27,201 27,250 26 83 116 117 27,251 27,300 25 82 114 115 27,301 27,350 25 80 112 113 27,351 27,400 24 79 110 111 27,401 27,450 24 77 108 109 27,451 27,500 24 76 106 107 27,501 27,550 23 74 103 104 27,551 27,600 23 73 101 102 27,601 27,650 22 71 99 100 27,651 27,700 22 70 97 98 27,701 27,750 21 68 95 96 27,751 27,800 21 67 93 94 27,801 27,850 20 65 91 92 27,851 27,900 20 64 89 90 27,901 27,950 19 62 87 87 27,951 28,000 19 61 85 85 28,001 28,050 19 59 82 83 28,051 28,100 18 57 80 81 28,101 28,150 18 56 78 79 28,151 28,200 17 54 76 77 28,201 28,250 17 53 74 75 28,251 28,300 16 51 72 73 28,301 28,350 16 50 70 70 28,351 28,400 15 48 68 68 28,401 28,450 15 47 66 66 28,451 28,500 14 45 64 64 28,501 28,550 14 44 61 62 28,551 28,600 13 42 59 60 28,601 28,650 13 41 57 58 28,651 28,700 13 39 55 56 28,701 28,750 12 38 53 53 28,751 28,800 12 36 51 51 28,801 28,850 11 35 49 49 28,851 28,900 11 33 47 47 28,901 28,950 10 32 45 45 28,951 29,000 10 30 43 43 29,001 29,050 9 29 40 41 29,051 29,100 9 27 38 38 29,101 29,150 8 26 36 36 29,151 29,200 8 24 34 34 29,201 29,250 8 23 32 32 29,251 29,300 7 21 30 30 29,301 29,350 7 20 28 28 29,351 29,400 6 18 26 26 29,401 29,450 6 17 24 24 29,451 29,500 5 15 22 21 29,501 29,550 5 14 19 19 29,551 29,600 4 12 17 17 29,601 29,650 4 11 15 15 29,651 29,700 3 9 13 13 29,701 29,750 3 8 11 11 29,751 29,800 2 6 9 9 29,801 29,850 2 5 7 7 29,851 29,900 2 3 5 4 29,901 29,950 1 2 3 2 29,951 30,000 1 1 1 1
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