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The California 100 We form, officially known as Form 100-WE, plays a crucial role for corporations electing to file on a water's-edge basis. This election allows corporations to determine their taxable income by considering only income derived from within the United States, which can significantly impact their overall tax liability. The form must be attached to either Form 100W or Form 100S, and it is essential for the electing corporation to maintain a copy for its records. When filling out the form, the corporation must provide its name, California corporation number, and address, ensuring that all details are accurate and up to date. A key aspect of this form is the option for a common parent corporation to elect on behalf of a controlled group, allowing all members to be included in the water's-edge combined report. The election period begins on the first day of the taxable year and lasts for 84 calendar months, unless terminated earlier as per the relevant tax code provisions. Proper completion of the form requires the signature of an officer from the electing corporation, confirming the validity of the election. Additionally, it is necessary to list all corporations covered by this election, which ensures clarity and compliance with the state's tax regulations. Understanding the intricacies of the California 100 We form is vital for corporations aiming to navigate their tax obligations effectively while benefiting from the potential advantages of this election.

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TAXABLE YEAR

 

 

CALIFORNIA FORM

 

 

2011 Water’s-Edge Election

100-WE

 

 

 

Sign Form 100-WE and attach to the back of Form 100W, or Form 100S. Keep a copy for the corporation’s records.

Corporation name

Key California corporation number

Address (suite, room, or PMB no.)

City

State

ZIP Code

WATER’S-EDGE ELECTION

The electing corporation, ____________________________, elects to file on a water’s-edge basis pursuant to Revenue and Taxation

Code (R&TC) Sections 25110 and 25113.

Check here if the common parent is electing on behalf of the water’s-edge group. List each corporation covered by this election below. As the common parent of a controlled group, the corporation hereby elects for all members of the controlled group that are includable in the water’s-edge combined report.

MONTHDAYYEAR

PERIOD: The election shall begin on the first day of the taxable year, I_______________________________, for which the election

can be made and shall, except as otherwise provided by statute or herein, continue for 84 calendar months from that date. The election shall remain in effect until terminated.

TERMINATION: The election may be terminated in accordance with the rules provided by R&TC Section 25113.

___________________________________________________________________

___________________________________________________

Electing Corporation Name

Signature of Officer of Electing Corporation

______________________________________

_______________________

____________________________________________________

Electing Corporation Number

Date

Print or Type Name and Title of Signing Officer

Corporations Covered by the Water’s-Edge Election

Key California corporation name*

Key California corporation number

Common parent name

FEIN (if applicable)

List of corporations covered by the election

Corporation name

California corporation number

*For definition of a Key Corporation, see FTB Pub. 1061, Guidelines for Corporations Filing a Combined Report. Attach additional sheets if necessary.

Instructions

Enter the corporation name, California corporation number, federal employer identification number (FEIN), if applicable, and address as listed on Form 100W or Form 100S.

Enter the name of the corporation making the election in the space provided described as electing corporation.

Be sure to check the box if a common parent is electing on behalf of members of the controlled group included in the water’s-edge combined report. If there is no common parent election, each electing member of the water’s-edge

group should file its own election, even if a single return is filed on a combined basis. See R&TC Section 25113 for more information. List all taxpayers covered by the common parent’s election on this page. An election made on a group return of a self-assessed combined reporting group shall constitute an election by each taxpayer member included in that group return.

Enter the beginning date of the water’s-edge election in the space provided. This date is generally the same as the beginning date for the taxable year that appears on Form 100W or Form 100S for the first taxable year of the

election. If the corporation is a member of a water’s-edge combined group that has different fiscal-year ends, the election beginning date is the beginning date of the taxable year of the last member of the group to file its return and make the election. For example, if one member of the water’s-edge group has a January 1, 2011 to December 31, 2011 taxable year, and the second member has an April 1, 2011 to March 31,

2012 taxable year, the beginning date of this water’s-edge election is April 1, 2011. See R&TC Section 25113(c)(3) for more information.

An officer of the electing corporation must sign and date the election.

7001113

Form 100-WE C1 2011

Form Specifications

Fact Name Details
Form Purpose The California Form 100-WE is used for the Water's-Edge Election, allowing corporations to file on a water's-edge basis.
Governing Law This form is governed by the California Revenue and Taxation Code, specifically Sections 25110 and 25113.
Taxable Year The election begins on the first day of the taxable year for which it is made, as indicated on Form 100W or Form 100S.
Duration of Election The election lasts for 84 calendar months, unless terminated earlier according to the relevant statutes.
Termination Rules Corporations can terminate the election following the rules outlined in R&TC Section 25113.
Common Parent Election If a common parent elects on behalf of the water’s-edge group, this must be indicated on the form.
Corporations Covered All corporations included in the common parent’s election must be listed on the form, with their respective California corporation numbers.
Signature Requirement An officer of the electing corporation must sign and date the form for it to be valid.
Additional Information For definitions and guidelines, refer to FTB Publication 1061 regarding corporations filing a combined report.

California 100 We: Usage Guidelines

Filling out the California 100 We form requires careful attention to detail. This form is essential for corporations electing to file on a water’s-edge basis. Follow these steps to complete the form accurately.

  1. Enter the corporation name as listed on Form 100W or Form 100S.
  2. Input the California corporation number in the designated space.
  3. Provide the address, including suite, room, or PMB number, city, state, and ZIP code.
  4. In the section titled WATER’S-EDGE ELECTION, write the name of the electing corporation in the blank provided.
  5. If applicable, check the box indicating that the common parent is electing on behalf of the water’s-edge group.
  6. List all corporations covered by this election below the water’s-edge section.
  7. Specify the beginning date of the water’s-edge election in the format MONTH/DAY/YEAR.
  8. Have an officer of the electing corporation sign and date the form.
  9. Print or type the name and title of the signing officer.
  10. Keep a copy of the completed form for the corporation’s records.

Once the form is completed, it should be attached to the back of Form 100W or Form 100S. Ensure all necessary information is accurate to avoid any issues with processing.

Your Questions, Answered

What is the purpose of the California 100 We form?

The California 100 We form is used by corporations to elect to file on a water’s-edge basis. This election allows a corporation to include only certain income and deductions from foreign affiliates in its California tax return. It is particularly beneficial for corporations with international operations, as it can help streamline tax reporting and potentially reduce tax liability. By making this election, the corporation agrees to follow specific rules outlined in the California Revenue and Taxation Code.

How long does the water’s-edge election last?

The election begins on the first day of the taxable year specified on the form and continues for 84 calendar months, unless terminated earlier according to the rules provided by the Revenue and Taxation Code. It is important to note that once the election is made, it remains in effect until the corporation decides to terminate it. Corporations should keep detailed records of their election and any related documentation for future reference.

Who can make the water’s-edge election?

The electing corporation, typically the common parent of a controlled group, can make the water’s-edge election on behalf of all members of that group. If there is no common parent, each corporation that wishes to elect must file its own election, even if a combined return is being submitted. It is crucial to list all corporations covered by the election on the form to ensure compliance and proper reporting.

What information is required to complete the form?

To complete the California 100 We form, you will need to provide several key pieces of information. This includes the corporation name, California corporation number, and federal employer identification number (FEIN), if applicable. You must also enter the beginning date of the water’s-edge election, which typically aligns with the taxable year start date. Additionally, an officer of the corporation must sign and date the form to validate the election. Be sure to keep a copy for your records.

Common mistakes

  1. Failing to include the correct corporation name and California corporation number. This information must match what is on Form 100W or Form 100S.

  2. Not checking the box if a common parent is electing on behalf of the water’s-edge group. This oversight can lead to confusion regarding the election's validity.

  3. Neglecting to list all corporations covered by the election. Each member of the controlled group must be accounted for to ensure compliance with tax regulations.

  4. Entering an incorrect beginning date for the water’s-edge election. This date should align with the taxable year start date on Form 100W or Form 100S.

  5. Forgetting to have an officer's signature on the form. The election is not valid without the proper authorization from an officer of the electing corporation.

  6. Not keeping a copy of the form for the corporation’s records. Retaining a copy is crucial for future reference and compliance verification.

  7. Overlooking the need to attach the form to the back of Form 100W or Form 100S. This is necessary for the election to be recognized and processed correctly.

Documents used along the form

The California 100 We form is a critical document for corporations electing to file on a water’s-edge basis. However, it is often accompanied by other important forms and documents that facilitate compliance with state tax regulations. Understanding these documents can streamline the filing process and ensure that all necessary information is accurately submitted.

  • Form 100W: This is the California Corporation Franchise or Income Tax Return for Water’s-Edge Filers. It is used by corporations that elect to file a combined report under the water’s-edge election. This form requires detailed financial information about the corporation and its subsidiaries, ensuring that all income is properly reported.
  • Form 100S: This form is the California S Corporation Franchise or Income Tax Return. S corporations that choose to file under the water’s-edge election must complete this form to report their income and calculate their tax liability. It provides a means for S corporations to comply with state tax requirements.
  • Form 100-ES: This is the Estimated Tax for Corporations form. Corporations that expect to owe tax of $500 or more must file this form to make estimated tax payments throughout the year. Properly managing estimated taxes can help avoid penalties and interest charges.
  • Form FTB 1061: This publication provides guidelines for corporations filing a combined report. It outlines definitions, eligibility, and detailed instructions for completing the necessary forms. This resource is essential for understanding the nuances of combined reporting and ensuring compliance.

Incorporating these forms and documents into the filing process is essential for any corporation electing the water’s-edge option in California. Each document plays a significant role in ensuring compliance and facilitating accurate reporting. It is advisable to review these forms carefully and seek assistance if needed to avoid potential pitfalls.

Similar forms

The California Form 100-WE is a specific document used by corporations to elect to file on a water’s-edge basis. Several other documents share similarities with this form in terms of purpose, structure, and the information required. Below is a list of seven such documents.

  • California Form 100: This is the general corporate income tax return for California corporations. Like Form 100-WE, it requires information about the corporation's income, deductions, and credits, as well as the identification of the corporation and its tax obligations.
  • California Form 100S: This form is for S corporations filing in California. Similar to Form 100-WE, it provides a framework for reporting income and making elections, particularly regarding tax treatment and liability.
  • California Form 565: This form is used by limited partnerships and limited liability companies. It parallels Form 100-WE in that it requires the identification of entities and their elections for tax purposes.
  • California Form 568: This document is for limited liability companies (LLCs) in California. Like Form 100-WE, it includes provisions for making elections regarding tax treatment and reporting requirements.
  • California Form 100-ES: This is an estimated tax form for corporations. It shares similarities with Form 100-WE as both involve planning for tax liabilities and making necessary elections throughout the taxable year.
  • California Form 1120: This is the federal corporate income tax return. It requires similar financial information as Form 100-WE, including income, deductions, and credits, and is used for federal tax reporting.
  • California Form 109: This form is for corporations that are subject to the franchise tax. It is similar to Form 100-WE in that it requires disclosure of corporate information and tax elections relevant to the corporation's operations in California.

Dos and Don'ts

When filling out the California 100 We form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are seven things to do and avoid:

  • Do double-check the corporation name and California corporation number for accuracy.
  • Do ensure that the address provided matches the one listed on Form 100W or Form 100S.
  • Do indicate if a common parent is electing on behalf of the water’s-edge group by checking the appropriate box.
  • Do list all corporations covered by the election clearly and completely.
  • Don't forget to enter the beginning date of the water’s-edge election accurately.
  • Don't leave any required fields blank, as this may delay processing.
  • Don't neglect to have an officer of the electing corporation sign and date the form.

Following these guidelines can help streamline the process and ensure compliance with California tax regulations.

Misconceptions

Here are four common misconceptions about the California 100 We form:

  • The 100 We form is only for large corporations. Many believe that only large businesses can utilize the Water’s-Edge Election. In reality, any eligible corporation that meets the requirements can file this form, regardless of size.
  • The election lasts indefinitely. Some think that once a corporation elects to file on a water’s-edge basis, it remains in effect forever. This is incorrect. The election lasts for 84 calendar months unless terminated earlier according to specific rules.
  • Only the common parent can elect for the group. There is a misconception that only the common parent of a controlled group can make the election. However, if there is no common parent, each electing member must file its own election even if they are part of a combined return.
  • The election date must match the fiscal year end. Some believe that the election date must align with the fiscal year end of the corporation. This is misleading. The election date can differ, especially if the group has members with varying fiscal year ends.

Key takeaways

Understanding the California 100 We form is essential for corporations electing to file on a water's-edge basis. Here are key takeaways to keep in mind:

  • Purpose of the Form: The California 100 We form is used to elect to file on a water’s-edge basis, impacting how income is reported and taxed.
  • Attach to Other Forms: This form must be attached to the back of Form 100W or Form 100S when submitting your tax return.
  • Keep Records: Retain a copy of the completed form for the corporation’s records to ensure compliance and for future reference.
  • Electing Corporation: Clearly state the name of the electing corporation and its California corporation number at the top of the form.
  • Common Parent Election: If applicable, check the box indicating that the common parent is electing on behalf of the water’s-edge group.
  • Election Duration: The election lasts for 84 calendar months from the specified start date unless terminated earlier according to the rules.
  • Signature Requirement: An officer of the electing corporation must sign and date the form, validating the election.