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The California Form 3523 serves as a crucial tool for taxpayers seeking to claim the Research Credit on their California tax returns. This form is specifically designed to facilitate the calculation and reporting of both the Regular Credit and the Alternative Incremental Credit for qualified research expenses. Taxpayers must complete different sections based on their business structure, distinguishing between corporations and individuals, S corporations, estates, trusts, partnerships, and limited liability companies (LLCs). The form requires detailed information about basic research payments, qualified research expenses, and the applicable percentages for various calculations. It also addresses the implications of the IRC Section 280C(c) election, which affects the amount of credit that can be claimed. Additionally, taxpayers must account for any carryover credits from previous years, ensuring accurate reporting of their available research credits. By carefully navigating the instructions and sections of Form 3523, taxpayers can maximize their potential benefits under California’s research credit program.

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TAXABLE YEAR

 

 

CALIFORNIA FORM

 

 

 

 

2021 RESEARCH CREDIT

3523

 

 

 

 

Attach to your California tax return.

Name(s) as shown on your California tax return

SSN or ITIN CA Corporation no. FEIN

California Secretary of State file number

PART I Credit Computation. Read the instructions before completing this form.

SECTION A Regular Credit. If you are electing the Alternative Incremental Credit, skip this section and go to Section B.

Line 1 through line 4 are to be completed only by corporations (other than S corporations, personal holding companies, and service organizations). Individuals, S corporations, estates, trusts, partnerships, and limited liability companies (LLCs), begin on line 5.

1

Basic research payments paid or incurred during the taxable year. See instructions

1

2

Base period amount. See instructions

2

3

Subtract line 2 from line 1. If less than zero, enter -0-

3

4

Multiply line 3 by 24% (.24)

4

 

Qualified research expenses paid or incurred.

 

5

Wages for qualified services. See instructions

5

6

Cost of supplies. See instructions

6

7

Rental or lease costs of computers. See instructions

7

8

Enter the applicable percentage of contract research expenses. See instructions

8

9

Total qualified research expenses. Add line 5 through line 8

9

10

Enter fixed-base percentage, but not more than 16% (.16). See instructions

10

11

Enter average annual gross receipts. See instructions

11

12

Base amount. Multiply line 11 by the percentage on line 10

12

13

Subtract line 12 from line 9. If zero or less, enter -0-

13

14

Multiply line 9 by 50% (.50). See instructions

14

15

Enter the smaller of line 13 or line 14

15

16

Multiply line 15 by 15% (.15)

16

17a Regular credit. Add line 4 and line 16. If you do not elect the reduced credit under IRC Section 280C(c), enter the

result here, and see instructions for the schedule to attach. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17a

bReduced regular credit under IRC Section 280C(c). Multiply line 17a by the applicable percentage below: 87.7% (.877) for individuals, estates, and trusts

91.16% (.9116) for corporations

98.5% (.985) for S corporations

Enter the reduced credit amount. See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17b

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For Privacy Notice, get FTB 1131 EN-SP.

7311213

FTB 3523 2021 Side 1

SECTION B Alternative Incremental Credit. Skip this section if you completed Section A, Regular Credit.

Line 18 through line 21 are to be completed only by corporations (other than S corporations, personal holding companies, and service organizations). Individuals, S corporations, estates, trusts, partnerships, and LLCs, begin on line 22.

18

Basic research payments paid or incurred during the taxable year. See instructions

18

19

Base period amount. See instructions

19

20

Subtract line 19 from line 18. If less than zero, enter -0-

20

21

Multiply line 20 by 24% (.24)

21

 

Qualified research expenses paid or incurred.

 

22 Wages for qualified services. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

23 Cost of supplies. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

24 Rental or lease costs of computers. See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

25 Enter the applicable percentage of contract research expenses. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

26 Total qualified research expenses. Add line 22 through line 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

27 Enter average annual gross receipts. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 28 Multiply line 27 by 1% (.01). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 29 Subtract line 28 from line 26. If zero or less, enter -0-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 30 Multiply line 27 by 1.5% (.015) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 31 Subtract line 30 from line 26. If zero or less, enter -0-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 32 Subtract line 31 from line 29. If zero or less, enter -0-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 33 Multiply line 27 by 2% (.02). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 34 Subtract line 33 from line 26. If zero or less, enter -0-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 35 Subtract line 34 from line 31. If zero or less, enter -0-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 36 Multiply line 32 by 1.49% (.0149) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 37 Multiply line 35 by 1.98% (.0198) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 38 Multiply line 34 by 2.48% (.0248) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38

39a Alternative incremental credit. Add line 21, line 36, line 37, and line 38. If you do not elect the reduced credit

under IRC Section 280C(c), enter the result here, and see instructions for the schedule that must be attached . . . . . . . 39a

bReduced alternative incremental credit under IRC Section 280C(c). Multiply line 39a by the applicable percentage below: 87.7% (.877) for individuals, estates, and trusts

91.16% (.9116) for corporations

98.5% (.985) for S corporations

Enter the reduced credit amount. See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39b

SECTION C Available Research Credit

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40 Pass-through research credit(s) from S corporations, estates, trusts, partnerships, and LLCs. See instructions . . . . . . . . 40

41Current year research credit. If you did not elect the reduced credit under IRC Section 280C(c), add line 17a or

line 39a to line 40 and enter the result here. If you elected the reduced credit under IRC Section 280C(c),

add line 17b or line 39b to line 40 and enter the result here . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

42Enter the amount of credit on line 41 that is from passive activities. If none of the amount on line 41 is from

passive activities, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42

43 Subtract line 42 from line 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 44 Enter the allowable credit from passive activities. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44

45Non-passive activity credit carryover from prior year. (Do not include credits received through assignment.)

See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

46 Total. Add line 43 through line 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

PART II Carryover Computation. Combined Report Filers see instructions for Part III before completing this part.

47Credit claimed. Enter the amount of the credit claimed on the current year tax return. See instructions.

(Do not include any assigned credit claimed on form FTB 3544, Part B.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

48Total credit assigned. Enter the total amount from form FTB 3544, Part A, column (g). If you are not a corporation,

enter -0-. See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

49 Credit carryover available for use or assignment for future years. Subtract lines 47 and 48 from line 46 . . . . . . . . . . . . . . 49

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Side 2 FTB 3523 2021

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PART III Credit Allocation and Carryover Per Entity – Only Combined Report Filers

To make an election for assigning credits, you must also complete form FTB 3544, Part A. Otherwise, the assignment indicated here will be invalid.

Credit Generated and Assigned Per Entity

 

(a)

(b)

(c)

(d)

(e)

 

Corporation

Corporation no., FEIN, or

Amount of credit generated

Amount of generated credit

Total of generated credit

 

 

SOS no.

in current year

carryover from prior years

and credit carryover from

 

 

 

 

 

prior years

 

 

 

 

 

col. (c) + col. (d)

 

 

 

 

 

 

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Total

 

 

 

 

 

 

 

 

 

 

 

 

(f)*

(g)

(h)

 

Amount of credit from col. (e) claimed

Amount of research credit

Generated credit carryover

 

in current year return. (Do not include

assigned and to be reported

for future years

 

any assigned credit claimed on

on form FTB 3544, Part A

col. (e) – [col. (f) + col. (g)]

 

form FTB 3544, Part B.)

 

 

 

 

 

 

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Total

 

 

 

 

 

 

 

*There is a $5,000,000 business credit limitation on the application of tax credits. See instructions.

 

 

7313213

FTB 3523 2021 Side 3

Form Specifications

Fact Name Fact Details
Purpose The California Form 3523 is used to claim the Research Credit for qualified research expenses incurred during the taxable year.
Eligibility Corporations, individuals, S corporations, estates, trusts, partnerships, and LLCs can all file this form, but different sections apply based on the type of entity.
Governing Law The form is governed by California Revenue and Taxation Code Sections 23609 and 23609.5, which outline the requirements for claiming the research credit.
Submission Form 3523 must be attached to your California tax return for the taxable year in which the research expenses were incurred.

California 3523: Usage Guidelines

Completing the California 3523 form requires attention to detail and accuracy. Follow these steps carefully to ensure that all necessary information is provided correctly. Once the form is filled out, it should be attached to your California tax return for processing.

  1. Start with the Name(s) section at the top of the form. Enter your name as it appears on your California tax return.
  2. Fill in your Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN).
  3. If applicable, provide your California Corporation number or Federal Employer Identification Number (FEIN).
  4. Proceed to PART I for Credit Computation. If you are a corporation (excluding S corporations, personal holding companies, and service organizations), complete lines 1 through 4. If you are an individual, S corporation, estate, trust, partnership, or LLC, start at line 5.
  5. For line 1, input the total of your basic research payments paid or incurred during the taxable year.
  6. Enter the base period amount on line 2.
  7. Calculate line 3 by subtracting line 2 from line 1. If the result is less than zero, enter -0-.
  8. Multiply the result from line 3 by 24% (.24) and enter it on line 4.
  9. On lines 5 through 8, fill in your qualified research expenses: wages for qualified services, cost of supplies, rental or lease costs of computers, and the applicable percentage of contract research expenses.
  10. Add lines 5 through 8 to get the total qualified research expenses on line 9.
  11. Provide your fixed-base percentage (not exceeding 16%) on line 10.
  12. On line 11, enter your average annual gross receipts.
  13. Multiply line 11 by the percentage on line 10 to find the base amount for line 12.
  14. Subtract line 12 from line 9. If zero or less, enter -0- on line 13.
  15. Multiply line 9 by 50% (.50) and enter the result on line 14.
  16. Enter the smaller amount from line 13 or line 14 on line 15.
  17. Multiply line 15 by 15% (.15) and write the result on line 16.
  18. Add line 4 and line 16 to calculate the regular credit on line 17a. If you do not elect the reduced credit under IRC Section 280C(c), this is your amount.
  19. If applicable, calculate the reduced regular credit on line 17b using the appropriate percentage based on your entity type.
  20. For SECTION B, if you are not completing Section A, begin with line 18 and follow the same process as above for the Alternative Incremental Credit.
  21. Complete the Available Research Credit section, entering any pass-through research credits and current year research credits as needed.
  22. For PART II, enter the credit claimed on your current year tax return on line 47.
  23. Complete the remaining lines in Part II to calculate the credit carryover available for future years.
  24. Finally, if applicable, fill out PART III for credit allocation and carryover per entity.

Your Questions, Answered

What is the purpose of California Form 3523?

California Form 3523 is used to claim the Research Credit for taxable years. This credit is designed to incentivize businesses to engage in qualified research activities within the state. The form allows eligible taxpayers to compute the amount of credit they can claim based on their research expenditures, which may include wages, supplies, and contract research costs. It is essential to attach this form to the California tax return to ensure proper credit is applied.

Who is eligible to file California Form 3523?

Eligibility to file California Form 3523 primarily depends on the type of entity and the nature of the research activities. Corporations, individuals, S corporations, estates, trusts, partnerships, and limited liability companies (LLCs) may qualify, provided they have incurred qualified research expenses during the taxable year. However, certain organizations, such as personal holding companies and service organizations, are excluded from claiming this credit. Each entity type has specific lines on the form that must be completed, depending on their classification.

How is the credit amount calculated on Form 3523?

The credit amount is calculated through two main sections: Regular Credit and Alternative Incremental Credit. For the Regular Credit, taxpayers must determine their basic research payments and subtract the base period amount to arrive at the creditable amount. This amount is then multiplied by 24% to compute the credit. Alternatively, the Alternative Incremental Credit section involves a more complex calculation based on various expense categories and gross receipts. Taxpayers must follow the specific instructions outlined in the form to ensure accurate calculations.

What are the consequences of not filing Form 3523 correctly?

Failure to file Form 3523 correctly can result in the denial of the claimed credit, which may lead to an increased tax liability. Inaccurate information or incomplete forms may trigger audits or requests for additional documentation from the California Franchise Tax Board. It is crucial for taxpayers to carefully review the instructions and ensure that all required information is accurately reported to avoid these potential issues.

Can the Research Credit be carried over to future years?

Yes, the Research Credit can be carried over to future tax years if it is not fully utilized in the year it is claimed. Taxpayers can report any unused credit on subsequent tax returns. The form includes a section for calculating the credit carryover available for future use, which allows businesses to maximize their benefits from research expenditures over time. However, it is important to adhere to the guidelines provided in the form to ensure compliance with tax regulations.

Common mistakes

  1. Incomplete Personal Information: Failing to provide all required personal information, such as the full name, Social Security Number (SSN), or Individual Taxpayer Identification Number (ITIN), can lead to delays or rejections. Ensure that all fields are accurately filled out.

  2. Incorrect Section Selection: Many individuals mistakenly fill out the wrong section of the form. For example, corporations should complete Section A, while individuals and certain entities must start at line 5. Carefully read the instructions to determine the correct section for your situation.

  3. Miscalculating Research Expenses: It is crucial to accurately calculate qualified research expenses. Errors in adding wages, costs of supplies, or rental expenses can lead to incorrect credit amounts. Double-check your calculations to ensure accuracy.

  4. Overlooking Instructions: Ignoring the specific instructions provided for each line can result in mistakes. Each line has unique requirements that must be followed closely. Always refer to the instructions to avoid common pitfalls.

  5. Failing to Attach Required Schedules: If you do not elect the reduced credit under IRC Section 280C(c), you must attach the appropriate schedule. Neglecting to do this can result in your claim being incomplete and possibly denied.

  6. Not Keeping Records: Many individuals fail to maintain proper documentation of their research activities and expenses. Keeping detailed records is essential for substantiating your claims. This documentation can be invaluable if your return is audited.

Documents used along the form

The California Form 3523 is used for claiming the Research Credit on your tax return. Alongside this form, several other documents may be required to ensure accurate reporting and compliance. Here are four commonly used forms that often accompany the California 3523 form:

  • Form FTB 3544: This form is used for the assignment of credits. If you wish to assign your research credits to another entity, you must complete this form. It details the amount of credit generated and any carryover from prior years.
  • Form FTB 1131: This form provides the privacy notice related to the information collected on your tax forms. It ensures that taxpayers are aware of how their personal information will be used and protected.
  • Form 8880: This form is used to claim the Credit for Qualified Retirement Savings Contributions. If you are eligible for this credit, it may be beneficial to include it along with your research credit claim.
  • Form 540: This is the California Resident Income Tax Return. You will need to attach the California 3523 form to your 540 when filing your annual tax return. This form summarizes your income and tax liability for the year.

Each of these forms plays a crucial role in the tax filing process, helping to ensure that all credits and deductions are accurately reported. It is important to carefully complete and attach the necessary documents to avoid any issues with your tax return.

Similar forms

The California Form 3523 is related to various tax credits and financial documentation. Below is a list of seven forms that share similarities with the California 3523 form, along with a brief explanation of how they are alike.

  • IRS Form 6765: This form is used for claiming the Research Credit at the federal level. Like Form 3523, it requires detailed information about qualified research expenses and calculations to determine the credit amount.
  • California Form 3805Z: This form is for the Enterprise Zone Deduction. Both forms require businesses to provide information on qualified expenses and compute credits that can reduce tax liabilities.
  • IRS Form 8826: This is the Disabled Access Credit form. Similar to Form 3523, it allows businesses to claim a credit based on incurred expenses, emphasizing the need for detailed expense documentation.
  • California Form 3468: This form pertains to the Investment Credit. Both forms involve calculations based on specific expenses and offer tax benefits to encourage business investment and research activities.
  • IRS Form 8880: This form is for the Credit for Qualified Retirement Savings Contributions. Like Form 3523, it requires detailed calculations based on contributions and provides a credit to incentivize specific financial actions.
  • California Form 588: This form is used for the California Nonrefundable Renter's Credit. Both forms require detailed information and calculations to determine eligibility and the amount of credit available.
  • IRS Form 8834: This form is for the Qualified Plug-in Electric Drive Motor Vehicle Credit. It requires businesses to provide detailed information about qualified expenses and calculate the credit, similar to the requirements of Form 3523.

Dos and Don'ts

When filling out the California 3523 form, attention to detail is crucial. Here are some important dos and don'ts to keep in mind:

  • Do read the instructions thoroughly before starting the form. Understanding the requirements can prevent costly mistakes.
  • Do ensure that all names and identification numbers are accurate. Any discrepancies can lead to delays or rejections.
  • Do complete the appropriate sections based on your entity type. Corporations and individuals have different requirements.
  • Do double-check your calculations. Errors in math can significantly impact your credit amount.
  • Do attach any necessary schedules or documentation as instructed. Missing attachments can result in processing issues.
  • Don't skip sections without careful consideration. Each part may contain vital information relevant to your credit claim.
  • Don't use outdated forms. Ensure you are using the correct version for the tax year you are filing.
  • Don't forget to sign and date your form. An unsigned form may be considered invalid.
  • Don't assume that all expenses qualify for the credit. Review the guidelines to ensure your claims are valid.
  • Don't procrastinate. Submitting your form early can help avoid last-minute issues and ensure timely processing.

Misconceptions

Understanding the California Form 3523 can be challenging, and several misconceptions can lead to confusion. Here are four common misunderstandings:

  • Only Corporations Can Use Form 3523: Many believe that only corporations are eligible to file this form. In reality, individuals, S corporations, estates, trusts, partnerships, and limited liability companies (LLCs) can also utilize it, specifically starting from line 5 in Section A.
  • All Research Expenses Qualify for the Credit: Some think that any research expense can be claimed. However, only specific qualified research expenses, such as wages for qualified services, costs of supplies, and rental costs of computers, qualify. It’s essential to review the instructions carefully to determine eligibility.
  • Filing Form 3523 Guarantees a Tax Credit: There is a misconception that simply filing the form will automatically result in receiving a tax credit. The credit is calculated based on eligible expenses and specific criteria outlined in the form. A thorough understanding of the calculations is necessary to determine the actual credit amount.
  • The Form Is the Same Every Year: Some individuals assume that the form remains unchanged from year to year. This is not true. Each tax year can bring updates to the form and its instructions, so it’s crucial to refer to the most current version for accurate information.

Key takeaways

Filling out the California 3523 form can seem daunting, but understanding its key aspects can simplify the process. Here are five important takeaways to keep in mind:

  • Know Your Eligibility: The form is primarily for corporations, but individuals, S corporations, estates, trusts, partnerships, and LLCs can also use it. Be sure to identify which section applies to your situation.
  • Understand Credit Computation: The form has two main sections for calculating research credits: the Regular Credit and the Alternative Incremental Credit. Choose the section that aligns with your research activities.
  • Gather Required Information: Before starting, collect all necessary data, including basic research payments, wages for qualified services, and costs of supplies. Accurate data is essential for proper credit calculation.
  • Pay Attention to Percentages: The form includes several multipliers, such as 24% for basic research payments and 15% for certain credit calculations. Ensure you apply these percentages correctly to maximize your potential credits.
  • Keep Documentation Handy: Attach any required schedules and documents to your tax return. This not only supports your claims but also helps if the California tax authorities request further information.

By following these key points, you can navigate the California 3523 form with greater confidence and accuracy.