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The California Form 3581, known as the Tax Deposit Refund and Transfer Request, serves as a crucial tool for taxpayers looking to manage their tax deposits effectively. This form allows individuals and entities to request a refund of all or part of a tax deposit, transfer those deposits to another taxable year, or convert a pending deficiency protest into a claim for a refund. It is essential to provide accurate information, including the type of tax—whether it’s personal income tax, corporate tax, or other applicable fees—and the specific amounts involved. Taxpayers must complete all relevant fields, such as Social Security Numbers (SSNs) or Individual Taxpayer Identification Numbers (ITINs), and indicate the requested action clearly. The form also includes provisions for registered domestic partners, ensuring they are treated equitably under California tax law. Submitting Form 3581 correctly and on time is vital, as it can affect the handling of tax liabilities and any potential refunds. Understanding how to navigate this form can significantly impact your financial obligations and rights regarding tax deposits in California.

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TAXABLE YEARCALIFORNIA FORM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax Deposit Refund and Transfer Request

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3581

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For calendar year ________ or fiscal year beginning month ____ day ____ year ____, and ending month ____ day ____ year ____ .

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name(s) as shown on tax return

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Your SSN or ITIN

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Spouse’s/RDP’s SSN or ITIN

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Address (number and street, suite, room, PO Box, or PMB no.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FEIN

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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City

 

 

 

 

 

 

 

 

 

 

State

Zip Code

CA corporation no.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Secretary of State (SOS) file number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Explanation of Requested Action. Indicate type of tax, tax deposit payment, and date of the payment. Also, make sure to mark the requested action. To transfer all or part of a tax deposit payment to another taxable year, enter the amount and the taxable year it should be applied to.

Complete all applicable fields:

Type of tax: ____ Personal Income Tax ____ Corporate Tax ____LLC Fee ____ LP, LLP, REMIC annual tax

Tax deposit payment $ ________________________

Date of payment: ___________________

What is the requested action? ____ Refund ____ Transfer to another taxable year ____ Convert deficiency administrative action to action on a

refund claim.

Amount to be refunded $ ______________________

Amount $ ______________________ to be transferred to ___________ taxable year.

Sign Here

Signature of individual, owner, officer, or authorized representative and title

Date

 

 

If joint return, spouse’s/RDP’s signature (It is unlawful to forge a spouse’s/RDP’s signature.)

Date

 

 

General Information

A Purpose

Use form FTB 3581, Tax Deposit Refund and Transfer Request, to:

Request the refund of all or part of a tax deposit,

Transfer all or part of a tax deposit, or

Convert a pending deficiency protest or appeal to a claim for refund.

In general, you can request the refund or the transfer of a tax deposit at any time before the Franchise Tax Board (FTB) applies the deposit amount to satisfy a final tax liability.

BConvert Pending Deficiency Action to a Claim for Refund

If you use this form to transfer a tax deposit amount to another taxable year, or if you have a tax deposit amount on account, and you wish to convert any pending deficiency protest or appeal to a claim for refund before there is a final tax liability for that taxable year, you must provide a statement in writing asking the FTB to convert the administrative deiciency dispute to an administrative claim dispute. To satisfy the written statement requirement, you must file a separate form FTB 3581 for that taxable year and check the option that states: “Convert deficiency administrative action to action on a refund claim.”

When the FTB receives form FTB 3581, the FTB will finalize the deficiency, and apply the tax deposit amount toward your deficiency amount, including interest and any amnesty penalty (if applicable). If the tax deposit amount is not enough to pay the final deficiency amount, including penalties, fees, and interest, the claim becomes an informal claim. You will receive a bill for the remaining amount due. The FTB cannot act on the claim until the tax liability for that taxable year is fully paid. The six-month “deemed denial” period does not start to run until the tax liability for that taxable year is fully paid, and the informal claim is a perfected claim.

C How to Complete Form FTB 3581

To ensure timely response and proper application of your request, enter all the applicable information requested on the form.

Make sure to enter the:

Four-digit taxable year in the box at the top of the form, and complete the first line as applicable.

Social security number(s) (SSN) or Individual Taxpayer Identification Number(s) (ITIN).

California corporation number, California Secretary of State (SOS) file number, or Federal Employer Identification Number (FEIN).

Tax deposit payment, the amount to be refunded, and/or the amount to be transferred to another taxable year.

Registered Domestic Partners (RDP)

For purposes of California income tax, references to a spouse, husband, or wife also refers 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.

Private Mail Box (PMB)

Include the PMB in the address field. Write “PMB” first, then the box number. Example: 111 Main Street PMB 123.

D Where to File

Submit a separate form FTB 3581 for each taxable year.

For individuals, mail this form to:

FRANCHISE TAX BOARD

PO BOX 942840

SACRAMENTO CA 94240-0040

For corporations, LPs, LLPs, REMICs, or LLCs, mail this form to:

FRANCHISE TAX BOARD

PO BOX 942857

SACRAMENTO CA 94257-0540

For Privacy Notice, get form FTB 1131.

8071103

FTB 3581 C2 2010

Form Specifications

Fact Name Details
Purpose The California Form 3581 is used to request a refund or transfer of a tax deposit.
Applicable Taxes This form can be used for Personal Income Tax, Corporate Tax, LLC Fees, and LP, LLP, REMIC annual tax.
Governing Law California Revenue and Taxation Code governs the use of this form.
Submission Requirements All applicable fields must be completed, including SSN or ITIN, tax deposit amount, and requested action.
Filing Locations Individuals should mail the form to PO Box 942840, Sacramento, CA 94240-0040; corporations to PO Box 942857, Sacramento, CA 94257-0540.
Joint Returns If filing jointly, both spouses or RDPs must sign the form. Forging a signature is illegal.

California 3581: Usage Guidelines

Filling out the California 3581 form is a straightforward process that requires careful attention to detail. Once you have completed the form, you will submit it to the Franchise Tax Board (FTB) for processing. Ensure that all necessary information is accurate to avoid delays.

  1. At the top of the form, enter the four-digit taxable year for which you are requesting action.
  2. Fill in your name(s) as they appear on your tax return.
  3. Provide your Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN).
  4. If applicable, include your spouse’s or Registered Domestic Partner’s (RDP) SSN or ITIN.
  5. Complete your address, including the street number, suite, room, PO Box, or PMB number. If you have a PMB, write “PMB” first, followed by the box number.
  6. Enter your California corporation number, Secretary of State (SOS) file number, or Federal Employer Identification Number (FEIN).
  7. Indicate the type of tax by checking the appropriate box: Personal Income Tax, Corporate Tax, LLC Fee, or LP, LLP, REMIC annual tax.
  8. Fill in the amount of the tax deposit payment you are requesting to refund or transfer.
  9. Provide the date of the payment.
  10. Select the requested action by checking the relevant box: Refund, Transfer to another taxable year, or Convert deficiency administrative action to action on a refund claim.
  11. If requesting a refund, specify the amount to be refunded.
  12. If transferring to another taxable year, indicate the amount and the specific taxable year it should be applied to.
  13. Sign the form where indicated. If it is a joint return, ensure your spouse’s or RDP’s signature is also included.
  14. Finally, write the date next to your signature.

After completing these steps, ensure you mail the form to the appropriate address based on your situation. Individuals should send it to the specified PO Box for individuals, while corporations and other entities have a different address. Double-check that all information is accurate before submitting to avoid any issues.

Your Questions, Answered

What is the purpose of the California Form 3581?

The California Form 3581 is used to request a refund or transfer of a tax deposit. You can also convert a pending deficiency protest or appeal into a claim for a refund. This form allows you to manage your tax deposits before they are applied to any final tax liabilities by the Franchise Tax Board (FTB).

How do I complete the California Form 3581?

To complete the form, you need to provide specific information. Start by entering the four-digit taxable year at the top. Include your Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN), along with any relevant identification numbers such as your California corporation number or Federal Employer Identification Number (FEIN). Clearly state the amount of the tax deposit payment, the amount you wish to refund, and the amount to be transferred to another taxable year. Ensure all fields are filled accurately to avoid delays.

Where do I send the completed Form 3581?

For individuals, mail the completed form to the Franchise Tax Board at PO Box 942840, Sacramento, CA 94240-0040. If you are submitting for a corporation, LP, LLP, REMIC, or LLC, send it to PO Box 942857, Sacramento, CA 94257-0540. Make sure to send a separate form for each taxable year you are addressing.

Can I use Form 3581 to convert a pending deficiency action?

Yes, you can use Form 3581 to convert a pending deficiency protest or appeal into a claim for a refund. To do this, you must check the option on the form that states, “Convert deficiency administrative action to action on a refund claim.” This action must be taken before the FTB applies your tax deposit to any final tax liability.

What happens if my tax deposit is not enough to cover my final deficiency amount?

If your tax deposit does not cover the total amount of your final deficiency, including penalties and interest, your claim will become an informal claim. In this case, you will receive a bill for the remaining amount due. The FTB will not act on your claim until the full tax liability for that taxable year is paid.

Common mistakes

  1. Incorrect Tax Year: Failing to accurately enter the four-digit taxable year at the top of the form can lead to processing delays.

  2. Missing Social Security Numbers: Omitting your SSN or ITIN, as well as your spouse’s or RDP’s, can result in rejection of the form.

  3. Incomplete Address Information: Not providing a complete address, including PMB if applicable, can cause issues with correspondence.

  4. Neglecting to Indicate Requested Action: Failing to mark the appropriate action—refund, transfer, or conversion—will lead to confusion and delays.

  5. Incorrect Amounts: Entering incorrect amounts for tax deposits, refunds, or transfers can result in processing errors.

  6. Signature Issues: Not signing the form or failing to include the spouse’s or RDP’s signature when required can render the form invalid.

  7. Missing Supporting Documentation: Failing to provide necessary documentation when converting a deficiency action can lead to denial of the request.

  8. Filing Multiple Years Together: Submitting one form for multiple taxable years instead of separate forms can complicate processing.

  9. Ignoring Submission Instructions: Not following the mailing instructions for individuals or corporations can cause delays in processing.

Documents used along the form

When dealing with tax matters in California, it's essential to have the right forms and documents at your disposal. The California Form 3581 is a specific request for tax deposit refunds or transfers, but there are several other forms that are often used in conjunction with it. Below is a list of these documents, along with brief descriptions of their purposes.

  • California Form 540: This is the standard individual income tax return form for California residents. It is used to report income, claim deductions, and calculate the amount of tax owed or the refund due.
  • California Form 100: This form is used by corporations to report their income and calculate their corporate taxes. It provides a comprehensive overview of the corporation's financial activities for the year.
  • California Form 565: This is the Partnership Return of Income form. Partnerships use it to report their income, deductions, and other tax-related information. Each partner receives a Schedule K-1 to report their share of the partnership's income on their personal tax returns.
  • California Form 568: This form is for Limited Liability Companies (LLCs) to report their income and pay the annual LLC fee. It outlines the LLC's financial activities and is essential for compliance with state tax regulations.
  • California Form 941: This is the Employer's Quarterly Federal Tax Return. Employers use it to report income taxes, Social Security tax, and Medicare tax withheld from employee paychecks, as well as to pay the employer's portion of Social Security and Medicare taxes.
  • California Form FTB 3519: This form is used to make a payment for the California estimated tax. Taxpayers can use it to pay their estimated tax liability for the year, helping to avoid penalties for underpayment.
  • California Form 1131: This form provides the Privacy Notice for taxpayers. It outlines how the Franchise Tax Board collects, uses, and protects personal information, ensuring transparency and compliance with privacy laws.

Having these forms readily available can streamline the process of managing your tax obligations in California. Each form serves a unique purpose and helps ensure that you remain compliant with state tax laws. Understanding their roles can make navigating the tax landscape much easier.

Similar forms

The California Form 3581, Tax Deposit Refund and Transfer Request, serves specific purposes related to tax deposits. Here are six documents that are similar to the California 3581 form, along with a brief explanation of how they relate:

  • IRS Form 843: This form is used to claim a refund or request an abatement of certain taxes. Like the 3581, it allows taxpayers to request a refund for overpaid taxes or to transfer amounts to different tax years.
  • California Form 540: This is the California Resident Income Tax Return. It includes sections where taxpayers can report their income and claim refunds, similar to the refund request aspect of the 3581.
  • IRS Form 1040-X: This is the Amended U.S. Individual Income Tax Return. Taxpayers use it to amend their previously filed returns, allowing for corrections and potential refunds, akin to the transfer or refund requests on the 3581.
  • California Form 100: This is the California Corporation Franchise or Income Tax Return. Corporations use it to report income and can request refunds, paralleling the refund functionality of the 3581.
  • IRS Form 8862: This form is used to claim the Earned Income Credit after disallowance. It allows taxpayers to request a reconsideration of their tax credits, similar to how the 3581 can be used to convert a deficiency action to a refund claim.
  • California Form 3500: This form is used for nonprofit organizations to apply for tax-exempt status. It includes provisions for handling tax deposits and potential refunds, much like the functions of the 3581.

Dos and Don'ts

When filling out the California Form 3581, it's important to keep a few best practices in mind. Here’s a list of what you should and shouldn’t do:

  • Do double-check your taxable year to ensure accuracy.
  • Do provide your Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) correctly.
  • Do clearly indicate the type of tax you are addressing.
  • Do specify the amount you wish to refund or transfer.
  • Do sign and date the form to validate your request.
  • Don't forget to include your address, including any Private Mail Box (PMB) details.
  • Don't leave any applicable fields blank; incomplete forms can delay processing.
  • Don't forge a signature; it is unlawful and can lead to serious consequences.
  • Don't submit multiple requests for the same taxable year on one form; use a separate form for each year.

By following these guidelines, you can help ensure that your request is processed smoothly and efficiently.

Misconceptions

Understanding the California Form 3581 can be challenging. Here are nine common misconceptions about this form, along with clarifications to help you navigate the process effectively.

  • Misconception 1: The form can only be used for refunds.
  • This form is not limited to refund requests. You can also use it to transfer tax deposits or convert a pending deficiency action to a claim for refund.

  • Misconception 2: You can submit the form at any time without restrictions.
  • Requests must be made before the Franchise Tax Board applies the deposit to a final tax liability. Timing is crucial.

  • Misconception 3: All fields on the form are optional.
  • Completing all applicable fields is essential. Missing information can delay processing or lead to rejection.

  • Misconception 4: You can file the form for multiple taxable years at once.
  • A separate Form 3581 must be submitted for each taxable year. Consolidating requests is not permitted.

  • Misconception 5: A spouse's signature is not necessary if only one partner is filing.
  • If filing a joint return, both spouses or registered domestic partners must sign the form. Forging a signature is illegal.

  • Misconception 6: The form is only for individual taxpayers.
  • Corporations, LLCs, LPs, and other entities can also use this form to manage their tax deposits.

  • Misconception 7: You do not need to provide a written statement when converting a deficiency action.
  • A written request is required to convert a pending deficiency protest to a claim for refund. This must accompany the form.

  • Misconception 8: Filing the form guarantees a refund.
  • Filing does not guarantee a refund. The Franchise Tax Board will review the request and determine eligibility based on the information provided.

  • Misconception 9: You can submit the form electronically.
  • Currently, the form must be mailed to the appropriate address. Electronic submissions are not accepted.

Clarifying these misconceptions can help ensure a smoother experience when dealing with tax deposits and refunds in California.

Key takeaways

When it comes to the California Form 3581, understanding its purpose and how to fill it out correctly is essential for taxpayers. Here are some key takeaways to keep in mind:

  • Purpose of Form 3581: This form is used to request a refund of a tax deposit, transfer a tax deposit to another taxable year, or convert a pending deficiency protest to a claim for refund.
  • Timely Requests: You can request a refund or transfer at any time before the Franchise Tax Board (FTB) applies the deposit to your final tax liability.
  • Completing the Form: Ensure you fill in all applicable fields, including your taxable year, SSN or ITIN, and the amount of the tax deposit.
  • Signature Requirement: The form must be signed by the individual, owner, officer, or authorized representative. If it's a joint return, the spouse's signature is also required.
  • Pending Deficiency Actions: To convert a pending deficiency to a claim for refund, a separate written statement must be filed along with Form 3581.
  • Addressing the Form: For individuals, mail the completed form to the designated FTB address for individuals. Corporations and other entities have a different mailing address.
  • Registered Domestic Partners: References to a spouse also include registered domestic partners (RDPs) under California law.
  • Private Mail Box (PMB): If using a PMB, include it in the address field, starting with "PMB" followed by the box number.
  • Refund Amounts: Clearly indicate the amount you wish to be refunded or transferred to another taxable year on the form.
  • Follow-Up: The FTB will finalize any deficiency and apply the deposit amount accordingly. If the deposit is insufficient, you may receive a bill for the remaining balance.

By keeping these takeaways in mind, you can navigate the process of filling out and using the California Form 3581 more effectively. Always ensure that your information is accurate and complete to avoid any delays in processing your request.