The California 109 form is a tax return specifically designed for exempt organizations in California, detailing their business income for the year. This form helps organizations report unrelated business taxable income and claim any applicable deductions or credits. To ensure compliance and accurate reporting, complete the form by clicking the button below.
The California 109 form serves as a crucial document for organizations that operate within the state and may have unrelated business income. This form is specifically designed for exempt organizations, enabling them to report their business income tax obligations. Key components of the form include sections for identifying the organization, such as its name, address, and federal employer identification number (FEIN). Organizations must indicate whether this is their first return, if they are under audit, or if they are claiming specific tax benefits related to enterprise zones or military base recovery areas. The form also requires detailed financial information, including unrelated business taxable income, deductions, and credits. Additionally, organizations must select their accounting methods and provide information on any unrelated business activities they engage in. Understanding the requirements and implications of the California 109 form is essential for compliance and effective tax management for exempt organizations operating in California.
TAXABLE YEAR
California Exempt Organization
FORM
109
2021
Business Income Tax Return
Calendar Year 2021 or fiscal year beginning (mm/dd/yyyy)
, and ending (mm/dd/yyyy)
Corporation/Organization name
California corporation number
Additional information. See instructions.
FEIN
Street address (suite/room no.)
PMB no.
City (If the corporation has a foreign address, see instructions.)
State
ZIP code
Foreign country name
Foreign province/state/county
Foreign postal code
A First return filed?
. . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .
. . .
□ Yes
□ No
H Is the organization a non-exempt charitable trust as
B Is this an education IRA within the meaning of
described in IRC Section 4947(a)(1)? . . . .
. .
. . . . . . .
. . . • □ Yes
R&TC Section 23712?
I Is this organization claiming any former; Enterprise Zone
C Is the organization under audit by the IRS or has the IRS
(EZ), Local Agency Military Base Recovery Area (LAMBRA),
•□ Yes
Targeted Tax Area (TTA), or Manufacturing Enhancement
audited in a prior year?
D Final return?
Area (MEA) tax benefits?
.
• □ Dissolved
□ Surrendered (Withdrawn)
□ Merged/Reorganized
J Is this organization a qualified pension, profit-sharing,
Enter date(mm/dd/yyyy)
•
/
or stock bonus plan as described in IRC
• □ Yes
E Amended return?
. . . . . . . . . . . . . .Section 401(a)?
. . . . . . . . . .
K Unrelated Business Activity (UBA) code . .
.•
F Accounting method used: (1) □ Cash (2) □ Accrual
(3) □ Other
L Is this a hospital?
G Nature of trade or business _____________________________________
. . . . . .
If “Yes,” attach federal Schedule H (Form 990)
1
Unrelated business taxable income from Side 2, Part II, line 30
. . . .
. . . . . . . . . . . .
. •
00
Taxable
2
Multiply line 1 by the average apportionment percentage ________% from the Schedule R,
Corpora-
Apportionment Formula Worksheet, Part A, line 2 or Part B, line 5. See instructions
tion
3
Enter the lesser amount from line 1 or line 2. If the unrelated business activity is wholly in California
and Schedule R was not completed, enter the amount from line 1
4
Trust
5
Unrelated business taxable income from line 3 or line 4
6
EZ, LAMBRA, or TTA NOL carryover deduction . .
. . . . . . . . . . .
Tax
7
Net Operating Loss deduction. See General Information N
Computa-
8
Add line 6 and line 7
9
Net unrelated business taxable income. Subtract line 8 from line 5
10
Tax ________% x line 9. See General Information J
11
Tax credits from Schedule B. See instructions
Total
12
Balance. Subtract line 11 from line 10. If line 11 is greater than line 10, enter -0-
13
Alternative minimum tax. See General Information O
14
Total tax. Add line 12 and line 13 . . . .
15
. . . . . . . . . .Overpayment from a prior year allowed as a credit
16
. .2021 estimated tax payments. See instructions
Payments
17
Withholding (Form 592-B and/or 593). See instructions
18
Amount paid with extension (form FTB 3539)
19
Total payments and credits. Add line 15 through line 18
20
USE TAX. See instructions
Use Tax/
21
Payments balance. If line 19 is more than line 20, subtract line 20 from line 19
22
USE TAX BALANCE. If line 20 is more than line 19, subtract line 19 from line 20
Tax Due/
Overpay-
23
Tax due. Subtract line 21 from line 14. Pay entire amount with return. See instructions
ment
24
Overpayment. Subtract line 14 from line 21. See instructions
25
. . . . . . . . . .Enter amount of line 24 to be applied to 2022 estimated tax
3641213
Form 109 2021 Side 1
26
. . . . . . . . . . . . . . . . . . . . . . .Refund. If line 25 is less than line 24, then subtract line 25 from line 24
•. . .
. . •
. . . . . . . . .a Fill in the account information to have the refund directly deposited. Routing number
26a
b Type: Checking
•□
Savings
c Account Number
26c
Refund or
Amount
27
Penalties and interest. See General Information M
Due
28
• □ Check if estimate penalty computed using Exception B or C and attach form FTB 5806
29
Total amount due. Add line 22, line 23, line 25, and line 27, then subtract line 24
Unrelated Business Taxable Income
Part I
Unrelated Trade or Business Income
a
Gross receipts or gross sales______________ b Less returns and allowances______________ c Balance
• 1c
Cost of goods sold and/or operations (Schedule A, line 7)
Gross profit. Subtract line 2 from line 1c
Capital gain net income. See Specific Line Instructions – Trusts attach Schedule D (541)
• 4a
b
Net gain (loss) from Part II, Schedule D-1
• 4b
c
Capital loss deduction for trusts
• 4c
5Income (or loss) from partnerships, limited liability companies, or S corporations. See Specific Line Instructions.
Attach Schedule K-1 (565, 568, or 100S) or similar schedule
Rental income (Schedule C)
Unrelated debt-financed income (Schedule D)
Investment income of an R&TC Section 23701g, 23701i, or 23701n organization (Schedule E)
Interest, Annuities, Royalties and Rents from controlled organizations (Schedule F)
Exploited exempt activity income (Schedule G)
• 10
Advertising income (Schedule H, Part III, Column A)
• 11
Other income. Attach schedule
• 12
Total unrelated trade or business income. Add line 3 through line 12
• 13
Part II Deductions Not Taken Elsewhere (Except for contributions, deductions must be directly connected with the unrelated business income.)
Compensation of officers, directors, and trustees from Schedule I
. . . . . . . . . . . . . . . . . . . . .
Salaries and wages
Repairs
Bad debts
Interest. Attach schedule
Taxes. Attach schedule
Contributions. See instructions and attach schedule
a Depreciation (Corporations and Associations – Schedule J) (Trusts – form FTB 3885F)
21a
b Less: depreciation claimed on Schedule A. See instructions
21b
Depletion. Attach schedule
. . . . . . . . . . . . . . . . . . . . . .
a Contributions to deferred compensation plans
23a
b Employee benefit programs. See instructions
. . . . . . . . . . . . . . . . . . . . . ..
•. .
23b
Other deductions. Attach schedule
Total deductions. Add line 14 through line 24
Unrelated business taxable income before allowable excess advertising costs. Subtract line 25 from line 13
Excess advertising costs (Schedule H, Part III, Column B)
Unrelated business taxable income before specific deduction. Subtract line 27 from line 26
Specific deduction. See instructions
30
Unrelated business taxable income. Subtract line 29 from line 28. If line 28 is a loss, enter line 28
Our privacy notice can be found in annual tax booklets or online. Go to ftb.ca.gov/privacy to learn about our privacy policy statement, or go to ftb.ca.gov/forms and search for 1131 to locate FTB 1131 EN-SP, Franchise Tax Board Privacy Notice on Collection. To request this notice by mail, call 800.338.0505 and enter form code 948 when instructed.
Sign
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and
Here
belief, it is true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.
Title
Date
• Telephone
Signature
▶
of officer
Preparer’s
Check if self-
• PTIN
▶ □
Paid
signature
employed
• Firm’s FEIN
Firm’s name (or yours,
Use Only
if self-employed)
and address
May the FTB discuss this return with the preparer shown above? See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • □ Yes □ No
Side 2 Form 109 2021
3642213
Completing the California Form 109 requires attention to detail and accurate reporting of your organization’s financial information. Once you have gathered all necessary documents and information, you can begin filling out the form. Follow these steps to ensure you complete the form correctly.
After completing the form, review all entries for accuracy. Ensure that all required schedules and attachments are included before submitting your return to the appropriate tax authority. It’s essential to keep copies of the completed form and any supporting documents for your records.
The California 109 Form, also known as the California Exempt Organization Business Income Tax Return, is a tax return specifically designed for organizations that are exempt from federal income tax under certain sections of the Internal Revenue Code. This form is used by these organizations to report any unrelated business income they may earn, which is subject to California state tax. Organizations must complete this form to ensure compliance with California tax laws and to calculate their tax liability on unrelated business income.
Organizations that are classified as tax-exempt under specific sections of the Internal Revenue Code, such as charitable organizations, must file the California 109 Form if they have any unrelated business taxable income (UBTI). UBTI refers to income generated from activities that are not substantially related to the organization's exempt purpose. If the organization earns income from these unrelated activities, it must file this form to report that income and pay any applicable taxes.
To complete the California 109 Form, organizations will need to provide various pieces of information, including:
Additionally, organizations must disclose if they are undergoing an audit by the IRS or if they have filed an amended return. Proper documentation and schedules must also be attached as required by the form's instructions.
Failure to file the California 109 Form when required can lead to several consequences for organizations. These may include:
It is crucial for organizations to understand their filing obligations and to ensure timely submission of the California 109 Form to avoid these negative outcomes.
Incorrect Information on the Organization Name: Many individuals mistakenly enter the wrong name of the organization. The name must match exactly with the records held by the California Secretary of State. Failing to do this can lead to delays or rejections of the form.
Missing or Incorrect Federal Employer Identification Number (FEIN): The FEIN is crucial for identifying the organization. A common error is providing an incorrect FEIN or leaving this section blank. This can result in complications with tax processing.
Improper Selection of Tax Benefits: Some filers incorrectly select tax benefits related to Enterprise Zones or other programs. It is essential to carefully read the instructions and ensure that the organization qualifies for any claimed benefits. Misunderstanding eligibility can lead to audits or penalties.
Errors in Reporting Unrelated Business Taxable Income (UBTI): Filers often miscalculate UBTI, which can lead to incorrect tax amounts. This includes mistakes in completing the apportionment percentage or misreporting income and deductions associated with unrelated business activities. Accurate calculations are vital to avoid issues with the California Franchise Tax Board.
The California 109 form is an essential document for exempt organizations in California, particularly for those reporting business income. Along with this form, several other documents may be required to ensure compliance with tax regulations. Below is a list of commonly used forms and documents that often accompany the California 109 form.
These documents work together with the California 109 form to provide a comprehensive overview of an organization's financial activities. Properly completing and submitting these forms is crucial for maintaining compliance with state tax laws and regulations.
The California Form 990 is similar to the California 109 form in that both are used by organizations to report their financial activities to the state. Form 990 is specifically for tax-exempt organizations, while Form 109 focuses on unrelated business income for exempt organizations. Both forms require detailed information about revenue, expenses, and any deductions. However, Form 990 includes additional sections that provide a comprehensive overview of the organization's mission, governance, and compliance with federal regulations, making it a more extensive reporting tool.
The California Form 199 serves as another comparable document. Like the 109 form, Form 199 is used by exempt organizations to report income. It is specifically designed for organizations that do not have unrelated business income. This form requires basic information about the organization, such as its name and address, and details about its activities. The primary difference lies in the fact that Form 199 does not require the reporting of unrelated business income, making it simpler for qualifying organizations.
The California Form 100 is also relevant, as it is the standard corporate income tax return. Corporations, including those that are tax-exempt, may need to file this form if they engage in unrelated business activities. While Form 100 requires a detailed account of all income and expenses, the California 109 form focuses specifically on unrelated business income, allowing exempt organizations to report only the income that is subject to taxation.
The California Form 541 is another document that shares similarities with the California 109 form. This form is used by fiduciaries of estates and trusts to report income. Both forms require a breakdown of income sources, deductions, and tax calculations. However, Form 541 is more tailored to the needs of estates and trusts, while the California 109 is designed specifically for exempt organizations with unrelated business income.
Form 990-T is closely related to the California 109 form as well. This federal form is used by tax-exempt organizations to report unrelated business income to the IRS. Similar to the California 109, Form 990-T requires organizations to calculate their unrelated business taxable income and any associated tax liability. The primary distinction is that Form 990-T is a federal requirement, whereas the California 109 form is specific to California state tax obligations.
The California Schedule K-1 (541) is another similar document, particularly for trusts. This schedule reports income, deductions, and credits from partnerships, S corporations, and estates or trusts. While it is not a standalone tax return like the California 109 form, it serves a similar purpose by detailing the income that beneficiaries must report. Both documents require careful tracking of income sources and can impact the overall tax liability of the entity involved.
Finally, the California Form FTB 3500 is relevant for organizations seeking tax-exempt status. This form is used to apply for exemption from California income tax. While the California 109 form is used for reporting income once an organization is established, Form FTB 3500 is the initial step for organizations looking to operate as tax-exempt. Both forms are crucial in ensuring compliance with state tax regulations, but they serve different stages in the organizational lifecycle.
When filling out the California 109 form, there are some important dos and don’ts to keep in mind. Here’s a straightforward list to guide you:
This is not true. The California 109 form is designed for various exempt organizations, regardless of their size. Small charities and nonprofits also need to file this form if they have unrelated business income.
Filing the California 109 form does not automatically exempt an organization from taxes. It is specifically for reporting unrelated business taxable income. Organizations must still meet certain criteria to maintain their tax-exempt status.
While both forms serve similar purposes, they are not the same. The California 109 form is specific to California tax regulations, whereas the federal 990 form is for federal tax purposes. Organizations must be aware of the differences and requirements for each.
This is incorrect. If an exempt organization has unrelated business income, it is required to file the California 109 form. Failing to do so can lead to penalties and loss of tax-exempt status.
Filling out and using the California 109 form can seem daunting, but understanding a few key points can simplify the process.