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Cal. Rev. & Tax. Code § 25101

General Provisions

Applied in 10 court decisions — leading case Capitol Industries-EMI, Inc. v. Bennett (1982)

Most recently applied in 10 Cal. App. 4th 1742 - Barclays Bank International Limited v. Franchise Tax Board (November 1992)

Amended by Stats. 1982, Ch. 466, Sec. 104.

How often courts cite this section

19821990199240
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

When the income of a taxpayer subject to the tax imposed under this part is derived from or attributable to sources both within and without the state the tax shall be measured by the net income derived from or attributable to sources within this state in accordance with the provisions of Article 2 (commencing with Section 25120). However, any method of apportionment shall take into account as income derived from or attributable to sources without the state, income derived from or attributable to transportation by sea or air without the state, whether or not the transportation is located in or subject to the jurisdiction of any other state, the United States or any foreign country.

If the Franchise Tax Board reapportions net income upon its examination of any return, it shall, upon the written request of the taxpayer, disclose to it the basis upon which its reapportionment has been made.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.