Specific Line Instructions
line 7 for any prior year changes as a result of
For a contract
During a taxable or
an error, an income tax examination or the filing
entered
income year
of an amended income tax return. Follow the cor-
into after:
beginning before:
Part I — Regular Method
responding filing instructions for Part I, line 9 and
February 28, 1986
January 1, 1987
Use Part I only if you are not electing, do not
line 10.
October 13, 1987
January 1, 1990
have an election in effect, or are not required to
June 20, 1988
January 1, 1990
H Simplified Marginal Impact
use the simplified marginal impact method as
July 10, 1989
January 1, 1990
described in General Information H.
Method
For purposes of the look-back method, include
Columns (a), (b) and (c) – At the top of each
Treasury Regulation (Treas. Reg.) Section
this adjustment amount in the amount entered on
column, enter the ending month and year for
1.460-6(d) established the simplified marginal
line 2 for the taxable or income year from which
each prior taxable or income year in which you
impact method for figuring look-back interest.
the adjustment arose. Attach a schedule showing
were required to report income from the com-
Pass-through entities that are not closely held
your computation.
pleted long-term contract(s) and for any other
must use this simplified method. All other tax-
The schedule must be prepared in columns for
year affected.
payers may elect to use this method for domestic
the affected years so that the net adjustment
Line 2 – In each column, show a net increase to
contracts.
shown in each column on the attached schedule
income as a positive amount and a net decrease
A pass-through entity is considered closely held
agrees with the amounts shown on line 2.
to income as a negative amount. For apportion-
if, at any time during any taxable or income year
Line 4 and line 5 – The tax to be entered on
ing taxpayers, the net increase or net decrease
for which there is income under the contract,
line 4 and line 5 must be reduced by allowable
to income is after apportionment. For more infor-
50% or more (by value) of the beneficial interests
credits (other than refundable credits). Include
mation, see Title 18, California Code of Regula-
in the entity are held (directly or indirectly) by or
any taxes (such as AMT) required to be taken
tions Section 25137-2.
for five or fewer persons.
into account in the computation of your tax liabil-
In figuring the net adjustment to enter in each
Under the simplified method, hypothetical under-
ity determined as of the latest of the following:
column on line 2, be sure to take into account
•
payments or overpayments of tax in prior years
The original due date;
any other income and expense adjustments that
•
are figured using an assumed marginal tax rate
The date of an amended or adjusted return;
may result from the increase (or decrease) to
which is generally the highest statutory rate of
or
income from long-term contracts. For example, in
•
tax in effect for each prior year under R&TC
The last previous application of the look-back
the case of an individual, a change to adjusted
Sections 17041 and 23151. This method elimi-
method.
gross income may affect investment expenses
nates the need to refigure your tax liability based
and medical expenses under R&TC
See Treas. Reg. Section 1.460-6(c)(3)(iii) for
on actual contract price and actual contract costs
Section 17201; in the case of a corporation, the
exceptions and further explanation.
each time the look-back method is applied.
apportionment percentage may be affected by a
Note: Corporations cannot reduce their tax below
If you elect the simplified method, it must be
change in the gross receipts included in the
the minimum franchise tax.
used in the election year and all later years,
sales factor.
unless the FTB consents to a revocation of the
Line 7 and line 8 – For an increase (or
Attach separate schedules for regular taxable
election. Use Part II to figure the simplified mar-
decrease) in tax for each prior year, interest due
income or net income and AMTI that include:
ginal impact method.
or to be refunded must be compounded on a
•
Identification of each completed long-term
daily basis from the due date (not including
I
S Corporations
contract by contract number, job name or any
extensions) of the return for the prior year until
other reasonable method used in your
the earlier of the:
S corporations using Part II, the Simplified Mar-
records to identify each contract;
•
ginal Impact Method, must complete form
•
Due date (not including extensions) of the
The amount of income previously reported for
FTB 3834 for each completed long-term contract
return for the contract completion year; or
each contract based on estimated contract
to compute the interest due from or to be
•
Date the return for the contract completion
price and costs for each prior year;
refunded to the S corporation as a result of the
•
year is filed and any tax due for that year has
The amount of income for each contract allo-
franchise tax imposed on S corporations. An
been fully paid.
cable to each prior year based on actual con-
S corporation cannot file form FTB 3834 on
tract price and costs;
Contracts Completed in Taxable or Income
behalf of its shareholders. Shareholders of the
•
The net adjustment to income from long-term
Years Ending Before January 1, 1998
S corporation each must make separate elections
contracts for each prior year; and
and file form FTB 3834 using the applicable indi-
•
For contracts completed in taxable or income
Any other adjustments that result from the
vidual rates.
years ending before January 1, 1998, the interest
change to income from long-term contracts.
rates to be compounded daily are:
J Miscellaneous
An owner of an interest in a pass-through entity
PERIOD
RATE
is not required to provide the detail listed in the
If more than 3 prior years are involved, check the
first three items above with respect to prior years.
July 1, 1989, through December 31, 1989 . . .
12%
box above Part I, Side 1 of form FTB 3834.
The entity should provide the line 2 amounts on
January 1, 1990, through June 30, 1991 . . . .
11%
Attach additional form(s) FTB 3834 as needed.
a Schedule K-1 (100S, 541, 565 or 568) or on a
July 1, 1991 through June 30, 1992 . . . . . .
10%
Enter your name, identifying number and taxable
separate statement for its taxable or income year
July 1, 1992 through December 31, 1992 . . .
9%
or income year. Complete Part I, line 1 through
in which the contracts are completed or adjusted.
January 1, 1993, through June 30, 1993 . . . .
8%
line 8; or Part II, line 1 through line 9; but do not
July 1, 1993 through December 31, 1994 . . .
7%
enter totals in column (d). Enter totals only in
If you are reporting line 2 amounts from more
January 1, 1995 through June 30, 1995 . . . .
8%
column (d) of the form FTB 3834 that you sign.
than one Schedule K-1 (100S, 541, 565 or 568)
July 1, 1995 through December 31, 1998 . . .
9%
or similar statement, you must attach a schedule
Follow the instructions in federal Form 8697
January 1, 1999 through June 30, 1999 . . . .
8%
detailing by entity the net change to income from
when applying the look-back method under spe-
long-term contracts.
cial situations, such as:
•
Net Adjustment
Change orders;
•
Treatment of amounts properly taken into
California law requires you to make an adjust-
account after contract completion;
ment to income upon completion of a contract to
•
The delayed reapplication method; and
correct any underreporting or overreporting of
•
The 10% method.
income resulting from differences between state
and federal law for the taxable or income year in
which the contract began. This adjustment may
be necessary:
Page 2
FTB 3834 Instructions
(REV. 1998)