2005 California Revenue and Taxation Code Sections 17935-17936 CHAPTER 10.5. TAX ON LIMITED PARTNERSHIPS

17935.  (a) For each taxable year beginning on or after January 1,
1997, every limited partnership doing business in this state (as
defined by Section 23101) and required to file a return under Section
18633 shall pay annually to this state a tax for the privilege of
doing business in this state in an amount equal to the applicable
amount specified in Section 23153.
   (b) (1) In addition to any limited partnership that is doing
business in this state and therefore is subject to the tax imposed by
subdivision (a), for each taxable year beginning on or after January
1, 1997, every limited partnership that has executed, acknowledged,
and filed a certificate of limited partnership with the Secretary of
State pursuant to Section 15621 of the Corporations Code, and every
foreign limited partnership that has registered with the Secretary of
State pursuant to Section 15692 of the Corporations Code, shall pay
annually the tax prescribed in subdivision (a).  The tax shall be
paid for each taxable year, or part thereof, until a certificate of
cancellation is filed on behalf of the limited partnership with the
office of the Secretary of State pursuant to Section 15623 or 15696
of the Corporations Code.
   (2) If a taxpayer files a return with the Franchise Tax Board that
is designated its final return, that board shall notify the taxpayer
that the tax imposed by this chapter is due annually until a
certificate of cancellation is filed with the Secretary of State
pursuant to Section 15623 or 15696 of the Corporations Code.
   (c) The tax imposed by this chapter shall be due and payable on
the date the return is required to be filed under former Section
18432 or 18633.
   (d) For purposes of this section, "limited partnership" means any
partnership formed by two or more persons under the laws of this
state or any other jurisdiction and having one or more general
partners and one or more limited partners.
   (e) Notwithstanding subdivision (b), any limited partnership that
ceased doing business prior to January 1, 1997, filed a final return
with the Franchise Tax Board for a taxable year ending before January
1, 1997, and filed a certificate of dissolution with the Secretary
of State pursuant to Section 15623 of the Corporations Code prior to
January 1, 1997, shall not be subject to the tax imposed by this
chapter for any period following the date the certificate of
dissolution was filed with the Secretary of State, but only if the
limited partnership files a certificate of cancellation with the
Secretary of State pursuant to Section 15623 of the Corporations
Code.  In the case where a notice of proposed deficiency assessment
of tax or a notice of tax due (whichever is applicable) is mailed
after January 1, 2001, the first sentence of this subdivision shall
not apply unless the certificate of cancellation is filed with the
Secretary of State not later than 60 days after the date of the
mailing of the notice.
17936.  A limited partnership shall not be subject to the taxes
imposed by this chapter if the limited partnership did no business in
this state during the taxable year and the taxable year was 15 days
or less.