The California 100 We form is used by corporations to elect to file on a water's-edge basis. This election allows corporations to limit their taxable income to only those activities and income sourced from within the United States, thereby excluding certain foreign income. The form must be attached to either Form 100W or Form 100S when filing taxes.
Any corporation that wishes to elect for a water's-edge filing must complete and submit the California 100 We form. This includes the common parent of a controlled group of corporations. If there is no common parent, each corporation within the group must file its own election even if they are submitting a combined return.
The form requires several key pieces of information, including:
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The name of the electing corporation.
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The California corporation number.
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The federal employer identification number (FEIN), if applicable.
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The address of the corporation as listed on Form 100W or Form 100S.
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The beginning date of the water's-edge election.
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A list of all corporations covered by the election.
How long does the water's-edge election last?
The water's-edge election begins on the first day of the taxable year indicated on the form and continues for 84 calendar months. It remains in effect until it is terminated in accordance with the rules set forth in Revenue and Taxation Code Section 25113.
How can a corporation terminate the water's-edge election?
A corporation can terminate the water's-edge election by following the procedures outlined in Revenue and Taxation Code Section 25113. It is essential to review these rules carefully to ensure compliance and proper handling of the termination process.
What happens if a common parent is electing on behalf of the group?
If a common parent is electing on behalf of the controlled group, the election applies to all members of that group that are includable in the water's-edge combined report. It is important to check the appropriate box on the form to indicate this election is being made on behalf of the group.
Yes, it is crucial for corporations to keep a copy of the California 100 We form for their records. This documentation may be needed for future reference or in the event of an audit by tax authorities.