California Form 5805 is used to determine if you owe a penalty for underpaying your estimated tax. If you find that you have underpaid, this form also helps calculate the amount of that penalty. It is important to attach this form to the front of your tax return, such as Form 540, Form 540A, Form 540NR, or Form 541.
Generally, most taxpayers do not need to complete this form. The Franchise Tax Board (FTB) can calculate any penalties for you after you file your return. However, you must file Form 5805 if you answered "Yes" to any questions in Part I of the form, especially if you are an estate or trust. Additionally, if you are a nonresident or a new resident, you may also need to file this form.
What conditions exempt me from the penalty for underpayment?
You do not owe a penalty for underpayment of estimated tax if you meet any of the following criteria:
-
80% of your California adjusted gross income (AGI) was from wages subject to California withholding.
-
80% of your tax liability for 1998 or 1999 was covered by withholding from your wages.
-
Your tax liability for either year was less than $200 (or $100 if married filing separately).
-
Your 1998 return showed no tax liability and was for a full 12 months.
-
Your total withholding plus estimated tax payments is at least 80% of your 1999 tax or 100% of your 1998 tax.
If you meet any of these conditions, you do not need to complete or file Form 5805.
How do I request a waiver for the penalty?
If you believe you qualify for a waiver of the penalty, you need to indicate this on Form 5805 by checking "Yes" to Question 1 in Part I. You should then provide an explanation for your request. If you need more space, attach a separate statement. Complete the form through Part II, line 12, without regard to the waiver. Write the amount you wish to waive in parentheses next to Part II, line 13. Finally, ensure you fill in the appropriate circle on your tax return to indicate that you are filing Form 5805.