California Seeks to Satisfy Tax Obligation Stemming From Backdated Stock Options.FTB FTB Franchise Tax Board (California; they collect income and sales tax) FTB Family Tax Benefit (Australian welfare assistance) FTB First Time Buyer (housing) to Follow IRS An abbreviation for the Internal Revenue Service, a federal agency charged with the responsibility of administering and enforcing internal revenue laws. and Permit Employers to Pay Additional Tax on 2006 Stock Options SACRAMENTO, Calif. -- The Franchise Tax Board (FTB) today issued FTB Notice 2007-1 (http://www.ftb.ca.gov/law/notices/index.html), and announced that it will follow the IRS Compliance Resolution Program as outlined in IRS Announcement 2007-18 (http://www.irs.gov/pub/irs-drop/a-07-18.pdf), thus creating the California Compliance Resolution Program to correspond with the federal initiative. The federal and state programs apply to rank-and-file employees who are not subject to federal Securities and Exchange disclosure requirements. It will not be available for backdated options exercised by most corporate executives or other insiders. As described in the IRS announcement, companies will be allowed to step forward and pay the additional 20 percent tax and any interest tax that employees owe, under Internal Revenue Code The Internal Revenue Code is the body of law that codifies all federal tax laws, including income, estate, gift, excise, alcohol, tobacco, and employment taxes. These laws constitute title 26 of the U.S. Code (26 U.S.C.A. § 1 et seq. (IRC (Internet Relay Chat) Computer conferencing on the Internet. There are hundreds of IRC channels on numerous subjects that are hosted on IRC servers around the world. After joining a channel, your messages are broadcast to everyone listening to that channel. ) section 409A due to the exercise of certain discounted stock options and stock appreciation rights in 2006. Pursuant to Revenue and Taxation Code section 17501, IRC section 409A is applicable for California purposes. The California Program requirements will parallel the IRS Program requirements. However, the interest tax component of section 409A will be calculated using California's highest marginal tax rate Marginal Tax Rate The amount of tax paid on an additional dollar of income. As income rises, so does the tax rate. Notes: Many believe this discourages business investment because you are taking away the incentive to work harder. in effect rate for 2005 (9.3%), and the interest rate applicable for underpayments under California law California Law consists of 29 codes, covering various subject areas, the State Constitution and Statutes. See also
Like the IRS Program, the California Program requires the employer to submit to the FTB a notice of the employer's intent to participate in the California Program. Employers choosing to participate in the California Program must file this notice of intent to participate by March 15, 2007. The IRS deadline is February 28, 2007. More information about the FTB's requirements for employer participation in the California Program will be available at www.ftb.ca.gov soon. |
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