1998 Instructions for Form 100-FEE-A, Amended Water’s-Edge Election
Fee Supplemental Schedule
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General Information
construction.’’ ‘‘Newly constructed’’ and
Any land, improvement or fixture that is
‘‘new construction’’ include:
restored, reconstructed or repaired in a
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Effective for income years beginning on or
timely manner following a disaster and
Any substantial addition (including fix-
after January 1, 1994, the annual
that is substantially equivalent to that
tures) to land or the improvements on
water’s-edge election fee was repealed.
which existed prior to the disaster. Any
the land. For purposes of R&TC Sec-
Form 100-FEE-A, Amended Water’s-Edge
reconstruction of real property that is
tion 70, ‘‘fixtures’’ are improvements to
Election Fee Supplemental Schedule, should
not substantially equivalent to the dam-
property, the use or purpose of which
only be used when amending the election fee
aged or destroyed property is deemed
directly applies to or augments the pro-
for an income year beginning prior to
to be ‘‘new construction,’’ unless the
cess or function of a trade, industry or
January 1, 1994. Form 100-FEE-A should be
exception noted above applies. How-
profession.
attached to Form 100-FEE-X, Amended
ever, a new plant or facility may not be
Examples: The construction of a new
Water’s-Edge Election Fee.
a replacement, in whole or in part, of
building; a swimming pool, retaining wall,
an existing plant or facility in California.
or sewer; or the addition of square-footage
Definitions
New investment in California that meets
to an existing building.
1. Base Year
the definition of replacement property can-
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For purposes of R&TC Section 70,
not reduce the fee base.
A. The base year used to calculate prop-
‘‘major rehabilitation’’ is any rehabilita-
erty and payroll for purposes of the
4. Replacement Property
tion, renovation or modernization that
election fee is an income year of 12 full
A plant or facility that includes both certain
converts an improvement or fixture to
months ending in the calendar year
tangible personal property and real prop-
the substantial equivalent of a new
1986. If there is no income year of 12
erty as described in R&TC Section 70 will
improvement or fixture. This includes
full months ending in the calendar year
be deemed a replacement if the taxpayer,
the substitution of a new fixture for an
1986, property and payroll for the first
or an affiliated bank or corporation closes,
old one. ‘‘Substantial equivalency’’ is
immediately preceding income year of
takes out of service, sells or leases to an
ascertained by comparing the produc-
12 full months must be used if it exists.
unrelated party, a plant or facility with a
tive capacity, normally expressed in
cost basis equal to 25% or more of the
B. The base year used to calculate sales
units per hour, of the rehabilitated fix-
cost basis of the new plant or facility. The
for purposes of the fee shall be the
ture to its original productive capacity.
replacement property test must be applied
income year for which a
Examples: Alteration to a warehouse
to the 3 calendar years immediately pre-
Form 100-FEE-A is filed. Such income
making it usable as a retail store or a res-
ceding and the 3 calendar years immedi-
year need not be 12 full months.
taurant; preparation of a vacant lot for use
ately succeeding the date the new plant or
2. Short Period Return
as a parking facility; alteration of rolling,
facility is first included in the property fac-
If a taxpayer files a short period return on
grazing land to level irrigated crop land;
tor for apportionment purposes.
a water’s-edge basis, the fee shall be
and site development of rural land for the
5. California Work Years
based on: (1) sales for the current period;
purpose of establishing a residential
For purposes of computing work years in
and (2) the base year amounts for
subdivision.
California (Form 100-FEE-A, line 6, line 7,
California property and payroll, multiplied
The term ‘‘newly constructed’’ or ‘‘new
line 8 and line 10), a work year means:
by a fraction, the numerator of which is the
construction’’ does not include:
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number of months in the short period and
2,000 paid hours in the case of
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Any active solar energy system
the denominator of which is 12.
employees who are paid an hourly
constructed or added before
wage; or
3. New Investment in California
January 1, 1991;
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For purposes of computing the election fee
A total of 12 paid months in the case of
The portion of reconstruction or
using the .0003 calculation, new invest-
salaried employees.
improvement to a structure constructed
ment (a new plant or facility) in California
of unreinforced masonry bearing wall
To determine the total amount ‘‘paid’’ to
can be used to reduce the fee base. A
construction, necessary to comply with
employees, see the instructions for
new plant or facility is both certain tangible
a local seismic safety ordinance for the
Schedule R, Apportionment and Allocation
personal property and real property, as
first 15 years after the reconstruction or
of Income.
described in R&TC Section 70, acquired
improvement;
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during the income year. The annual new
The construction or installation of any
Specific Line Instructions for Form
investments acquired since January 1,
of the following fire protection improve-
1987, to the last day of the income
100-FEE-A
ments that are constructed or installed
year that is being amended are then
in an existing building on or after
accumulated.
Side 1
November 7, 1984:
Certain tangible personal property includes
1. Fire sprinkler systems;
Line 1 – Base Year California Property
any new tangible personal property
2. Other fire extinguishing systems;
Enter the total amount of California property
acquired by the taxpayer during the
3. Fire detection systems; and
for the base year. See General Information,
income year, when the original use com-
4. Fire-related egress improvements;
Definitions. See the instructions for Schedule
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mences in this state.
Ordinary maintenance and repair.
R for the definition of California property.
Examples: Routine annual preparation
Examples: New machinery and equipment
Note: Intangibles included in the factor pursu-
of agricultural land; interior or exterior
for industry, profession and trade; new
ant to R&TC Section 25137 are not includible
painting; replacement of roof coverings;
tools, molds, dies and jigs; or new comput-
in the property factor for determining the fee
the addition of aluminum siding for
ers and related equipment.
base regardless of the fact that they may be
improvements; or the replacement of
R&TC Section 70 defines a new plant or
included in the apportionment formula. Intan-
work machine parts; or
facility as ‘‘newly constructed’’ and ‘‘new
gible drilling costs included in the factor pursu-
Form 100-WE Booklet 1998 Page 25