The California Form 109 is a tax return specifically designed for exempt organizations, including charities and non-profits, to report their unrelated business income. This form is part of the California Exempt Organization Business Income Tax Return, and it helps organizations fulfill their tax obligations while ensuring compliance with state regulations. The form must be completed accurately for the taxable year indicated, whether it's a calendar year or a fiscal year.
Organizations that are recognized as exempt under California law and engage in unrelated business activities must file Form 109. This includes non-profits that earn income from activities not directly related to their exempt purpose. If your organization has generated unrelated business taxable income (UBTI) during the year, you are required to file this form. Additionally, if your organization has undergone changes such as dissolution, merger, or reorganization, it may also need to file this form.
To complete Form 109, several key pieces of information are needed:
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The name of the organization and its California corporation number.
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The Federal Employer Identification Number (FEIN).
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The organization's address, including city, state, and ZIP code.
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Details about the type of return being filed, such as whether it is the first return, an amended return, or a final return.
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Information about unrelated business taxable income, deductions, and any applicable tax credits.
It is important to gather all necessary documentation and data before starting the form to ensure accurate reporting.
Unrelated business taxable income (UBTI) is calculated by first determining the gross income from unrelated business activities. Then, you subtract any allowable deductions directly connected to those activities. The resulting figure is the UBTI, which is subject to tax. The form includes specific lines for reporting gross receipts, deductions, and calculating the final taxable income. If your organization has income from multiple sources, it may be necessary to complete additional schedules to report that income accurately.
Failing to file Form 109 when required can lead to various consequences. The California Franchise Tax Board (FTB) may impose penalties and interest on any unpaid taxes. Additionally, not filing can jeopardize the organization’s tax-exempt status. It is crucial for organizations to be aware of their filing requirements and to submit the form on time to avoid potential issues with state tax authorities.