The California Form 3539 is an automatic extension form for corporations and exempt organizations that need extra time to file their California tax returns. This form allows eligible entities to extend their filing deadline without submitting a written request, provided they meet specific criteria. If you owe tax, be sure to fill out the form correctly and submit it by the original due date to avoid penalties.
Ready to get started? Click the button below to fill out the California Form 3539.
The California Form 3539 is an essential tool for corporations and exempt organizations seeking an automatic extension to file their state tax returns. This form allows businesses that are unable to meet their original filing deadline to extend their submission period without needing to submit a written request. For calendar year corporations, the original due date typically falls on March 15, while exempt organizations have a deadline of May 17. To qualify for this extension, it’s crucial that the organization does not owe any tax or, if it does, that it pays the necessary tax by the due date. The form also includes a payment voucher that must be submitted alongside any tax due, ensuring that the organization remains compliant and avoids penalties. Furthermore, specific regulations apply to certain types of entities, such as employee trusts and IRAs, which have their own unique deadlines. Understanding the nuances of Form 3539, including the requirements for electronic funds transfer and the implications of late payments, is vital for maintaining good standing with the California Franchise Tax Board. Completing the form accurately can save organizations from unnecessary penalties and ensure they meet their tax obligations in a timely manner.
Instructions for Form FTB 3539
Automatic Extension for Corporations and Exempt Organizations
General Information
year exempt organizations) following the close of the taxable
year or March 15, 2004 (calendar year corporations), or
Use form FTB 3539 only if:
May 17, 2004 (calendar year exempt organizations).
• You cannot file your 2003 California (CA) return by the
Employees’ trusts and IRAs must pay 100% of the tax liability
by the 15th day of the 4th month after the end of the taxable
original due date; and
year.
• You owe tax for the 2003 taxable year.
Use the worksheet on the following page to determine if you
Save the completed worksheet as a permanent part of the
corporation’s or exempt organization’s tax records along with
owe tax.
a copy of the CA tax return.
• If you do not owe tax, there is nothing to file at this time
and no need to complete or mail this voucher.
Electronic Funds Transfer (EFT)
• If you owe tax, complete the voucher and mail it along
with your check or money order to the Franchise Tax
Corporations or exempt organizations that meet certain
Board (FTB) by the original due date of the CA tax return.
requirements must remit all of their payments through EFT
If a corporation, including real estate investment trusts
rather than by paper checks to avoid the EFT penalty.
(REITs), real estate mortgage investment conduits (REMICs),
Corporations or exempt organizations that remit an estimated
regulated investment companies (RICs), limited liability
tax payment or extension payment in excess of $20,000 or
companies (LLCs) electing to be treated as corporations, or
that have a total tax liability in excess of $80,000 must remit
an exempt organization in good standing, cannot file its CA
all of their payments through EFT. The FTB will notify
tax return by the original due date, a seven month extension
corporations or exempt organizations that are subject to this
to file will be allowed automatically without submitting a
requirement. Those that do not meet these requirements and
written request. To qualify for the automatic extension, the
wish to participate on a voluntary basis may do so. If you are
corporation or exempt organization must file its CA tax return
an EFT taxpayer, complete the worksheet for your records. Do
by the extended due date and its powers, rights, and
Not Send The Payment Voucher. For more information, go to
privileges must not be suspended or forfeited by the FTB or
our Website at www.ftb.ca.gov, call (916) 845-4025, or get
the California Secretary of State (SOS) as of the original due
FTB Pub. 3817, Electronic Funds Transfer Program Informa-
date.
tion Guide.
The extended due date for corporations is the 15th day of the
Where to File
10th month following the close of the taxable year (fiscal year
filers) or October 15, 2004 (calendar year filers). The
If tax is due and the corporation or exempt organization is not
extended due date for exempt organizations filing Form 199
or Form 109 is the 15th day of the 12th month following the
required to use EFT, attach a check or money order for the tax
close of the taxable year (fiscal year filers) or December 15,
due to form FTB 3539. Write the California corporation
2004 (calendar year filers).
number or FEIN and 2003 FTB 3539 on the check or money
The extended due date for an employee’s trust defined in IRC
order. Mail only the voucher portion with the payment to:
FRANCHISE TAX BOARD
Section 401(a) and an IRA filing Form 109 is the 15th day of
the 11th month after the end of the taxable year (fiscal year
PO BOX 942857
filers) or November 15, 2004 (calendar year filers).
SACRAMENTO CA 94257-0551
Note: An extension of time to file the CA tax return is not an
Private Mailbox (PMB) Number
extension of time to pay the tax.
If the corporation or exempt organization leases a private
To avoid late payment penalties and interest, 100% of the tax
mailbox (PMB) from a private business rather than a PO box
liability must be paid by the 15th day of the 3rd month (fiscal
from the United States Postal Service, include the box
year corporations), or the 15th day of the 5th month (fiscal
number in the field labeled “PMB no.” in the address area.
DETACH HERE
IF NO PAYMENT IS DUE, DO NOT MAIL THIS FORM
(Calendar year corporations — Due March 15, 2004) (Fiscal year filers – see instructions) (Employees’ trust and IRA — Due April 15, 2004)
(Calendar year exempt organizations — Due May 17, 2004)
TAXABLE YEAR
Payment Voucher for Automatic Extension
2003
for Corporations and Exempt Organizations
CALIFORNIA FORM
3539 (CORP)
For calendar year 2003 or fiscal year beginning month _____ day ____ year 2003, and ending month _____ day ____ year ____ .
California corporation number
Federal employer identification number
-
Tax Due
.
,
Corporation/exempt organization name
Address
PMB no.
Type of form filed.
Form 100/100W
Form 100S
City
State
ZIP Code
Form 109
EXT-C Form 199
EFT TAXPAYERS, DO NOT MAIL THIS FORM
353903103
FTB 3539 2003
Penalties and Interest
•If the corporation or exempt organization fails to pay its total tax by the original due date, a late payment penalty plus interest will be added to the tax due.
•If the corporation or exempt organization does not file its CA tax return by the extended due date, or the corporation’s powers, rights, and privileges have been suspended or forfeited by the FTB or the California SOS, as of the original due date, the automatic extension will not apply and a delinquency penalty plus interest will be assessed from the original due date of the CA tax return.
•If the corporation or exempt organization is required to remit all of its payments through EFT and pays by another method, a 10% non-compliance penalty will be assessed.
Combined Reports
•If members of a combined unitary group have made or intend to make an election to file a combined unitary group single return, only the key corporation designated to file the return should submit form FTB 3539. The key corporation must include payment of at least the minimum franchise tax for each corporation of the combined unitary group that is subject to the franchise tax in California.
•If members of a combined unitary group intend to file separate returns with the FTB, each member must submit its own form FTB 3539 if there is an amount entered on line 3 of the Tax Payment Worksheet.
•If any member of a combined unitary group meets the requirements for mandatory EFT, all members must remit their payments through EFT, regardless of their filing election.
Exempt Organizations
•Form 100 filers:
The due dates for corporations also apply to the filing of Form 100, California Corporation Franchise or Income Tax Return, by political action committees and exempt homeowners’ associations.
Political action committees and exempt homeowners’ associations that file Form 100 should not enter the minimum franchise tax on line 1 of the Tax Payment Worksheet.
•Form 199 Filers:
Generally, Form 199, California Exempt Organization Annual Information Return, requires a $10 filing fee to be paid with the return on the original or extended due date.
Use form FTB 3539 only if paying the fee early. Enter the amount of the fee on line 3 of the Tax Payment Worksheet.
•Form 109 Filers:
The due dates for filing Form 109, California Exempt Organization Business Income Return, depend on the type of organization filing the return. Employees’ pension trusts and IRAs (including education IRAs) must file on or before the 15th day of the 4th month after the close of their taxable year. All other exempt organizations (except homeowners’ associations and political organizations) must file on or before the 15th day of the 5th month after the close of their taxable year.
TAX PAYMENT WORKSHEET FOR YOUR RECORDS
1 Total tentative tax. Include alternative minimum tax if applicable. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 Estimated tax payments including prior year overpayment applied as a credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Tax Due. If line 2 is more than line 1, see instructions. If line 1 is more than line 2, subtract line 2 from line 1. Enter the result here and on form FTB 3539 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
2
3
How to Complete the Tax Payment Worksheet
Line 1 – Enter the total tentative tax, including the alterna- tive minimum tax, if applicable, for the taxable year.
•If filing Form 100, Form 100W, or Form 100S, and subject to franchise tax, the tentative tax may not be less than the minimum franchise tax and Qualified Subchapter S Subsidiary (QSub) annual tax (S corporations only).
•If filing Form 100, Form 100W, or Form 100S, and subject to income tax, enter the amount of tax. Corpora- tions subject to the income tax do not pay the minimum franchise tax.
•If a corporation incorporates or qualifies to do business in California on or after January 1, 2000, the corporation will compute its tax liability for the first taxable year by multiplying its state net income by the appropriate tax rate and will not be subject to the minimum franchise tax. The corporation will become subject to minimum franchise tax beginning in its second taxable year.
•If filing Form 109, enter the amount of tax. Form 109 filers are not subject to the minimum franchise tax.
Line 2 – Enter the estimated tax payments, including prior year overpayment applied as a credit. S corporations include any QSub annual tax payments.
Line 3
Tax due. If the amount on line 1 is more than the amount on line 2, then the corporation’s or exempt organization’s tentative tax is more than its payments and credits. The corporation or exempt organization has tax due.
Subtract line 2 from line 1. Enter this amount on line 3 and on form FTB 3539.
If the amount on line 2 is more than the amount on line 1, the payments and credits are more than the tentative tax. The corporation or exempt organization has no tax due. DO NOT SEND THE PAYMENT VOUCHER. The corporation or exempt organization will automatically qualify for an extension if the California tax return is filed by the extended due date and the corporation and or exempt organization is in good standing with the FTB and SOS.
Page 2 FTB 3539 2003
Filling out the California Form 3539 is a straightforward process. This form is used for requesting an automatic extension for corporations and exempt organizations. After completing the form, ensure you submit it along with any required payment by the original due date of your tax return.
The California Form 3539 is used by corporations and exempt organizations to request an automatic extension of time to file their California tax returns. This form is particularly relevant for those who cannot file their tax return by the original due date and owe tax for the taxable year. By submitting this form, organizations can receive an additional seven months to file their returns without incurring penalties, provided they meet specific requirements.
Form 3539 should be used by:
If an organization does not owe tax, there is no need to file this form.
The deadlines for filing Form 3539 vary depending on the type of organization:
It is crucial to adhere to these deadlines to avoid penalties and interest.
If a corporation or exempt organization fails to pay its total tax by the original due date, a late payment penalty and interest will be added to the tax due. Additionally, if the tax return is not filed by the extended due date, a delinquency penalty plus interest will be assessed from the original due date. Organizations must ensure that 100% of the tax liability is paid to avoid these penalties.
Corporations or exempt organizations that meet certain criteria must remit all payments through Electronic Funds Transfer (EFT) instead of paper checks. This requirement applies to those with an estimated tax payment or extension payment exceeding $20,000, or a total tax liability exceeding $80,000. If these organizations do not comply with the EFT requirement and pay by another method, a 10% non-compliance penalty will be assessed.
If tax is due, the organization must complete the voucher portion of Form 3539 and mail it along with a check or money order to the Franchise Tax Board (FTB). The check should include the California corporation number or Federal Employer Identification Number (FEIN) and indicate that it is for Form 3539. Organizations should only send the voucher portion if payment is due; otherwise, they should not mail the form.
Failing to check the original due date of the California tax return can lead to confusion regarding the extension request. It is crucial to be aware of the deadlines for both filing and payment.
Not including the correct California corporation number or Federal Employer Identification Number (FEIN) on the form may result in processing delays. Accurate identification is essential for proper record-keeping.
Omitting the payment voucher when a tax payment is due can create complications. The payment voucher must accompany any tax payment to ensure proper application to the account.
Incorrectly calculating the tax due on line 3 of the Tax Payment Worksheet can lead to underpayment or overpayment. It is important to follow the instructions carefully to arrive at the correct amount.
Neglecting to include the PMB number when leasing a private mailbox can cause issues with mail delivery. Including this information ensures that the form is processed correctly.
Submitting the form without checking the status of the corporation or exempt organization can lead to penalties. The organization must be in good standing with the Franchise Tax Board (FTB) to qualify for the extension.
Failing to keep a copy of the completed worksheet and the CA tax return can create challenges in case of future inquiries. Maintaining accurate records is essential for compliance and reference.
The California 3539 form is a crucial document for corporations and exempt organizations seeking an automatic extension to file their tax returns. However, it is often accompanied by several other forms and documents that facilitate compliance with California tax laws. Below is a list of related forms and documents frequently used alongside the California 3539 form.
Understanding these forms and documents is essential for compliance with California tax regulations. Properly completing and submitting the necessary paperwork can help avoid penalties and ensure that organizations meet their filing obligations in a timely manner.
The California Form 7004 is similar to Form FTB 3539 in that both provide an automatic extension for filing tax returns. While Form FTB 3539 specifically caters to corporations and exempt organizations in California, Form 7004 serves a broader audience, including partnerships and trusts. Both forms require the taxpayer to estimate their tax liability and submit payment if any tax is due. The deadlines for filing these forms align closely, ensuring that taxpayers have additional time to prepare their returns without incurring penalties for late submissions.
Form 8868 is another document akin to Form FTB 3539. This form is used by tax-exempt organizations to request an extension of time to file their annual information returns. Like the California form, it allows organizations to avoid penalties associated with late filing, provided they pay any taxes owed by the original due date. Both forms emphasize the importance of timely payments and maintaining good standing with tax authorities to qualify for the extension.
Form 1040-ES is comparable to Form FTB 3539 in that it deals with estimated tax payments. While Form FTB 3539 is specifically for corporations and exempt organizations in California, Form 1040-ES is for individual taxpayers who need to make estimated tax payments. Both forms require taxpayers to calculate their expected tax liability and make payments accordingly. They also share similar deadlines, ensuring that taxpayers can manage their tax responsibilities effectively without incurring penalties.
Form 1128, which is used to apply for a change in accounting period, shares similarities with Form FTB 3539 in that both forms require a proactive approach to tax compliance. While Form FTB 3539 allows for an extension to file a return, Form 1128 enables taxpayers to adjust their accounting periods, which can affect the timing of their tax obligations. Both forms require careful consideration of deadlines and compliance with tax regulations to avoid penalties.
Form 941 is also related to Form FTB 3539 in the context of tax reporting. This form is used by employers to report income taxes, Social Security tax, and Medicare tax withheld from employees' paychecks. While Form FTB 3539 focuses on extensions for filing corporate tax returns, both forms require timely submission and payment of taxes to avoid penalties. They highlight the importance of accurate reporting and compliance with tax laws.
Form 990 is another document that bears similarity to Form FTB 3539, particularly for tax-exempt organizations. Form 990 is an annual information return that tax-exempt organizations must file, detailing their financial activities. Like Form FTB 3539, it allows organizations to request extensions for filing. Both forms emphasize the need for transparency and compliance with tax regulations to maintain tax-exempt status and avoid penalties.
Form 1065, used for partnerships, is akin to Form FTB 3539 in that it requires partners to report income, deductions, and credits. Both forms involve the timely filing of tax-related documents and the payment of any taxes due. They serve as reminders of the importance of adhering to deadlines and ensuring that all necessary payments are made to avoid penalties.
Lastly, Form 1120 is similar to Form FTB 3539 as it pertains to corporate income tax returns. This form is filed by corporations to report their income, gains, losses, deductions, and credits. Both forms allow for extensions in filing, provided that any taxes owed are paid by the original due date. They reinforce the necessity of meeting tax obligations and maintaining compliance with tax laws to avoid penalties and interest.
When filling out the California Form FTB 3539, it is important to follow certain guidelines to ensure the process goes smoothly. Here’s a helpful list of things to do and avoid:
By adhering to these guidelines, you can help ensure that your filing is accurate and timely, minimizing the risk of penalties or issues down the line. If you have any questions, consider reaching out to the Franchise Tax Board or a tax professional for assistance.
Understanding the California Form 3539 can be challenging, and misconceptions often arise. Here are eight common misunderstandings about this form:
By clarifying these misconceptions, organizations can better navigate their tax responsibilities in California and avoid potential pitfalls.
Filling out and using the California 3539 form can be straightforward if you keep a few key points in mind. Here are some essential takeaways: