California Franchise Tax Board Form Instructions
Form 565 Booklet (2024) — Partnership Tax Booklet (instructions)
TY2024 (latest)
California
Forms & Instructions
Partnership Tax Booklet
Members of the Franchise Tax Board
Malia M. Cohen, Chair
Sally J. Lieber, Member
Joe Stephenshaw, Member
This booklet contains:
Form 565, Partnership Return of Income
For more information regarding e-file, go to ftb.ca.gov and search for business efile.
Page 2 Form 565 Booklet 2024
Table of Contents
What's New 3
R&TC Section 41 Reporting Requirements 3
General Information 3
Specific Instructions for Form 565 12
Instructions for Schedule K (565) and Schedule K-1 (565) 15
Schedule K Federal/State Line References Chart 24
Form 565 25
Codes for Principal Business Activity 31
How to Get California Tax Information 34
Business e-file
Business e-file is available for the following returns:
- Form 565, Partnership Return of Income
- Form 568, Limited Liability Company Return of Income
- Form 100, California Corporation Franchise or Income Tax Return, including combined reports
- Form 100W, California Corporation Franchise or Income Tax Return -
Water's-Edge Filers, including combined reports
- Form 100X, Amended Corporation Franchise or Income Tax Return
- Form 100S, S Corporation Franchise or Income Tax Return
- Form 109, California Exempt Organization Business Income Tax Return
- Form 199, California Exempt Organization Annual Information Return
For more information, go to ftb.ca.gov and search for business efile.
Form 565 Booklet 2024 Page 3
2024 Instructions for Form 565, Partnership Return of Income
References in these instructions are to the Internal Revenue Code (IRC) as of January 1, 2015, and to the California Revenue and Taxation Code (R&TC).
In general, for taxable years beginning on or after January 1, 2015,
California law conforms to the Internal Revenue Code (IRC) as of
January 1, 2015. However, there are continuing differences between
California and federal law. When California conforms to federal tax law changes, we do not always adopt all of the changes made at the federal level. For more information, go to ftb.ca.gov and search for conformity.
Additional information can be found in FTB Pub. 1001, Supplemental
Guidelines to California Adjustments, the instructions for California
Schedule
CA (540), California Adjustments — Residents, or Schedule
CA (540NR), California Adjustments — Nonresidents or Part-Year
Residents, and the Business Entity tax booklets.
The instructions provided with California tax forms are a summary of
California tax law and are only intended to aid taxpayers in preparing their state income tax returns. We include information that is most useful to the greatest number of taxpayers in the limited space available.
It is not possible to include all requirements of the California Revenue and Taxation Code (R&TC) in the instructions. Taxpayers should not consider the instructions as authoritative law.
R&TC Sections 17024.5 and 23051.5 have been amended to clarify that, unless otherwise expressly disallowed, federal elections made before a taxpayer becomes a California taxpayer are binding for California tax purposes.
What's New
Reporting Requirements - Taxpayers may need to file form FTB 4197,
Information on Tax Expenditure Items, with the tax return to report tax expenditure items as part of the Franchise Tax Board's (FTB's) annual reporting requirements under R&TC Section 41. To determine if you have an R&TC Section 41 reporting requirement, see the R&TC
Section 41 Reporting Requirements section or get form FTB 4197.
Business Entity Tax Products - The 565, Partnership Tax Booklet has been reformatted to include only Form 565, Partnership Return of
Income, and its related instructions.
Intangible Drilling and Development Costs - California law does not allow the
IRC Section 263(c) deduction for intangible drilling and development costs in the case of oil and gas wells paid or incurred on or after January 1, 2024. For more information, see R&TC Section 17260
(R&TC Section 24423 has been repealed) and get form FTB 3885P ,
Depreciation and Amortization.
Percentage Depletion - For taxable years beginning on or after
January 1, 2024, California law does not allow the calculation of depletion as a percentage of gross income from the property for specified natural resources, including coal, oil shale, oil and gas wells.
R&TC Sections 17681.3, 17681.6, 24831.3, and 24831.6 allowing state nonconformity to federal rules for percentage depletion of certain refiner exclusions as well as the temporary suspension of taxable income limit for marginal production have also been repealed. For more information, see R&TC Sections 17681 and 24831, and get form FTB 3885P ,
Depreciation and Amortization.
Postponement of Certain Tax-Related Deadlines - Beginning on or after June 27, 2024, the Director of Finance shall determine when
Internal Revenue Code Section 7508A, related to postponement of certain federal tax-related deadlines, applies for California purposes to a taxpayer affected by a state of emergency declared by the Governor or a federally declared disaster. Impacted taxpayers can request an additional relief period if the state postponement period expires before the federal postponement period by filing form FTB 3872, California Disaster Relief
Request for Postponement of Tax Deadlines. For more information, get form FTB 3872 and see R&TC Section 18572.
Enhanced Oil Recovery Credit Repeal - For taxable years beginning on or after January 1, 2024, the Enhanced Oil Recovery Credit has been repealed. Taxpayers may now only claim available carryovers. For more information, get form FTB 3540, Credit Carryover and Recapture
Summary.
Wildfire Mitigation Payment - For taxable years beginning on or after
January 1, 2024, and before January 1, 2029, California law allows a qualified taxpayer an exclusion from gross income for any amount received as a California qualified wildfire loss mitigation payment through the California Wildfire Mitigation Financial Assistance Program.
For more information, see Specific Line Instructions and R&TC
Sections 17138.8 and 24308.10.
Wildfire Relief Payment - For taxable years beginning after
December 31, 2019, and before January 1, 2026, the Federal Disaster
Tax Relief Act of 2023, allows an exclusion from gross income for any amount received by an individual as a qualified wildfire relief payment.
Generally, California law does not conform. If any qualified amount was excluded from income for federal purposes and California law provides no similar exclusion, include that amount in income for California purposes.
R&TC Section 41 Reporting Requirements
Taxpayers should file form FTB 4197 with the tax return to report tax expenditure items as part of the FTB's annual reporting requirements under R&TC Section 41. "Tax expenditure" means a credit, deduction, exclusion, exemption, or any other tax benefit provided for by the state.
The FTB uses information from form FTB 4197 for reports required by the California Legislature. Taxpayers that have a reporting requirement for any of the following should file form FTB 4197:
- For taxable years beginning on or after January 1, 2024, and before January 1, 2029, qualified taxpayers who benefited from the exclusion from gross income for any amount received as a California qualified wildfire loss mitigation payment through the California
Wildfire Mitigation Financial Assistance Program.
- For taxable years beginning on or after January 1, 2020, and before January 1, 2028, qualified taxpayers who benefited from the exclusion from gross income for any qualified amount received in a settlement from Pacific Gas and Electric (PG&E) Company or its subsidiary relating to the 2019 Kincade Fire.
- For taxable years beginning on or after January 1, 2020, and before January 1, 2028, qualified taxpayers who benefited from the exclusion from gross income for any qualified amount received in a settlement from PG&E Company or its subsidiary relating to the 2020
Zogg Fire.
- For taxable years beginning before January 1, 2027, qualified taxpayers who benefited from the exclusion from gross income for any amount received in a settlement from Southern California Edison for claims relating to the 2017 Thomas Fire or the 2018 Woolsey Fire.
- For taxable years beginning on January 1, 2022, and before
January 1, 2027, taxpayers who benefited from the exclusion of gross income for any amount received as a rebate, voucher, or other financial incentive issued by a public water system, as defined, local government, or state agency for participation in a turf replacement water conservation program.
- For taxable years beginning on or after January 1, 2021, taxpayers who benefited from the exclusion from gross income for the
Paycheck Protection Program (PPP) loans forgiveness, other loan forgiveness, the Economic Injury Disaster Loan (
EIDL) advance grant, restaurant revitalization grant, or shuttered venue operator grant, and related eligible expense deductions.
For more information, get form FTB 4197.
General Information
A Important Information
Limited Liability Companies (LLCs) Classified as Partnerships File
Form 568 - LLCs may be classified for tax purposes as a partnership, a corporation, or a disregarded entity. The LLC must file the appropriate
California tax return for its classification. LLCs classified as a:
- Partnership file Form 568, Limited Liability Company Return of Income.
- General corporation file Form 100, California Corporation Franchise or Income tax Return.
- S corporation file Form 100S, California S Corporation Franchise or
Income tax Return.
- Disregarded entities, see General Information R, Check-the-Box
Regulations.
Page 4 Form 565 Booklet 2024
LLCs classified as partnerships should not file Form 565, Partnership
Return of Income. The LLC will file Form 565 only if it meets an exception. For more information, see the exception in General
Information D, Who Must File.
Use Tax - For taxable years beginning on or after January 1, 2023, and before January 1, 2029, you may not report business purchases subject to use tax on your income tax return if you make more than $10,000 in purchases subject to use tax (excluding vehicles, vessels, and aircraft) per calendar year and have not paid use tax on those purchases to a retailer engaged in business in California or to a retailer authorized by the California Department of Tax and Fee Administration to collect the tax. For other use tax requirements, see Specific Line Instructions and
R&TC Section 6225.
Elective Tax for Pass-Through Entities (PTE) and Credit for
Owners - For taxable years beginning on or after January 1, 2021, and before January 1, 2026, California law allows an entity taxed as a partnership or an "S" corporation to annually elect to pay an elective tax at a rate of 9.3% based on its qualified net income. The election shall be made on an original, timely filed return and is irrevocable for the taxable year.
The law allows a credit against the personal income tax to a taxpayer, other than a partnership, that is a partner, shareholder, or member of a qualified entity that elects to pay the elective tax, in an amount equal to 9.3% of the partner's, shareholder's, or member's pro rata share or distributive share and guaranteed payments of qualified net income subject to the election made by the qualified entity. Generally, a business entity and its partners or members cannot receive the credit, except for a disregarded single member limited liability company (SMLLC) that is owned by an individual, fiduciary, estate, or trust subject to personal income tax. For more information, go to ftb.ca.gov and search for pte elective tax and get the following PTE elective tax forms and instructions:
- Form FTB 3893, Pass-Through Entity Elective Tax Payment Voucher
- Form FTB 3804, Pass-Through Entity Elective Tax Calculation
- Form FTB 3804-CR, Pass-Through Entity Elective Tax Credit
Gross Income Exclusion for Bruce's Beach - Effective
September 30, 2021, California law allows an exclusion from gross income for the first time sale in the taxable year in which the land within
Manhattan State Beach, known as "Peck's Manhattan Beach Tract Block
5" and commonly referred to as "Bruce's Beach" is sold, transferred, or encumbered. A recipient's gross income does not include the following:
- Any sale, transfer, or encumbrance of Bruce's Beach;
- Any gain, income, or proceeds received that is directly derived from the sale, transfer, or encumbrance of Bruce's Beach.
Loophole Closure and Small Business and Working Families Tax Relief
Act of 2019 - The federal Tax Cuts and Jobs Act (
TCJA) signed into law on December 22, 2017, made changes to the IRC. California Revenue and Taxation Code does not conform to all of the changes. In general, for taxable years beginning on or after January 1, 2019, California conforms to the following
TCJA provisions:
- California Achieving a Better Life Experience (ABLE) Program
- Student loan discharged on account of death or disability
- Federal Deposit Insurance Corporation (FDIC) Premiums
- Excess employee compensation
IRC Section 338 Election - For taxable years beginning on or after
July 1, 2019, California requires taxpayers to use their federal IRC
Section 338 election treatment for certain stock purchases treated as asset acquisitions or deemed election where purchasing corporation acquires asset of target corporation. If an election has not been made by a taxpayer under
IRC Section 338, the taxpayer shall not make a separate state election for California.
New Partnership Audit Regime - For federal purposes, the Bipartisan
Budget Act of 2015 replaced the federal Tax Equity and Fiscal
Responsibility Act (
TEFRA) of 1982, creating a centralized partnership audit regime, and generally transferring the liability for the tax due to the partnership.
All partnerships with tax years beginning after 2017 are subject to this new regime unless an eligible partnership elects out. For California purposes, taxable years beginning on or after January 1, 2018, partnerships are required to report each change or correction made by the Internal Revenue Service (IRS), to the FTB, for the reviewed year within six months after the date of each final federal determination, and will generally be liable for the tax due.
Paperless Schedule K-1 - The FTB discontinued the Paperless
Schedules K-1 (565) program due to the increasing support of our business e-file program. For more information regarding the California business e-file program, go to ftb.ca.gov and search for business efile.
Business e-file - California law requires business entities that file an original or amended tax return that is prepared using tax preparation software to electronically file (e-file) their tax return with the FTB. For more information, go to ftb.ca.gov and search for business efile.
Web Pay - Partnerships can make payments online with Web Pay for Businesses. Partnerships can make an immediate payment or schedule payments up to a year in advance. For more information, go to ftb.ca.gov/pay. Do not file form FTB 3587, Payment Voucher for LP ,
LLP , and
REMIC e-filed Returns.
Credit Card - Partnerships can use a Discover, MasterCard,
Visa, or American Express card to pay business taxes. Go to officialpayments.com.
ACI Payments, Inc. (formerly Official Payments) charges a convenience fee for using this service. Do not file form
FTB 3587.
Electronic Funds Withdrawal (EFW) - Partnerships can make an extension payment using tax preparation software. Check with your software provider to determine if they support
EFW for extension payments.
Payments and Credits Applied to Use Tax - If a partnership includes use tax on its income tax return, payments and credits will be applied to use tax first, then towards franchise or income tax, interest, and penalties. For more information, see General Information U, California
Use Tax and Specific Instructions.
Like-Kind Exchanges - The TCJA amended IRC Section 1031 limiting the nonrecognition of gain or loss on like-kind exchanges to real property held for productive use or investment. California conforms to this change under the
TCJA for exchanges initiated after January 10, 2019.
California Like-Kind Exchanges - California requires taxpayers who exchange real property located in California for like-kind property located outside of California under
IRC Section 1031, to file an annual information return with the FTB. For more information, get form FTB
3840, California Like-Kind Exchanges, or go to ftb.ca.gov and search for like kind.
Apportioning Trade or Business - "Apportioning trade or business" means a distinct trade or business whose business income is required to be apportioned because it has income derived from sources within this state and from sources outside this state. An apportioning trade or business can be conducted in many forms, including, but not limited to, the following:
(A) A corporation that is a taxpayer.
(B) A combined reporting group that includes at least one taxpayer member.
(C) A nonunitary division of a member of a combined reporting group that includes at least one taxpayer member.
(D) A partnership that is partially owned by but not unitary with either
(1) a partner that is a corporation that is a taxpayer, or (2) a member of a combined reporting group that includes at least one taxpayer member.
(E) A disregarded entity that is not unitary with an owner that is either
(1) a corporation that is a taxpayer, or (2) a member of a combined reporting group that includes at least one taxpayer member.
(F) A sole proprietorship that is operated by an individual who is not a resident of California.
(G) A partnership that is operated by one or more individual(s) who are not residents of California.
For more information, get Schedule R, Apportionment and Allocation of
Income.
Gross Receipts - R&TC Section 25120 was amended to add the definition of gross receipts. For a complete definition of "gross receipts", refer to R&TC Section 25120(f), or go to ftb.ca.gov and search for 25120.
Form 565 Booklet 2024 Page 5
Foreign Reduced Withholding - The FTB began applying Federal
Treasury Regulation 1.1446-6 procedures to reduce or eliminate withholding of California tax on effectively connected taxable income
(
ECTI) from California sources allocable to a foreign partner or member.
The foreign partner must first sign and send federal Form 8804-C,
Certificate of Partner-Level Items to Reduce Section 1446 Withholding, to the partnership or LLC. The foreign partner or member must sign and send Form 589, Nonresident Reduced Withholding Request, to the FTB along with a signed copy of federal Form 8804-C. The FTB will review the request within 21 business days. If the request is approved, the partnership or LLC should remit the reduced withholding amount to the
FTB along with Form 592-A, Payment Voucher for Foreign Partner or
Member Withholding.
Single-Sales Factor Formula - R&TC Section 25128.7 requires all business income of an apportioning trade or business, other than an apportioning trade or business under R&TC Section 25128(b), to apportion its business income to California using the single-sales factor formula. For more information, get Schedule R, or go to ftb.ca.gov and search for single sales factor.
Market Assignment - R&TC Section 25136 requires all taxpayers to assign sales, other than sales of tangible personal property, using market assignment. For more information, get Schedule R or go to ftb.ca.gov and search for market assignment.
Doing Business - A taxpayer is doing business if it actively engages in any transaction for the purpose of financial or pecuniary gain or profit in
California or if any of the following conditions are satisfied:
- The taxpayer is organized or commercially domiciled in California.
- The sales, as defined in R&TC Section 25120(e) or (f), of the taxpayer in California, including sales by the taxpayer's agents and independent contractors, exceed the lesser of $735,019 or 25% of the taxpayer's total sales.
- The real property and tangible personal property of the taxpayer in
California exceed the lesser of $73,502 or 25% of the taxpayer's total real property and tangible personal property.
- The amount paid in California by the taxpayer for compensation, as defined in R&TC Section 25120(c), exceeds the lesser of $73,502 or
25% of the total compensation paid by the taxpayer.
In determining the amount of the taxpayer's sales, property, and payroll for doing business purposes, include the taxpayer's pro-rata share of amounts from partnerships and S corporations. These amounts are reported on the partner's Schedule K-1 on Table 2, Part C.
Partnerships and LLCs are considered doing business in California if they have a general partner or member doing business on their behalf in California. Likewise, general partners are considered doing business in California if the partnership is doing business in this state. Members of a LLC doing business in California are considered doing business in California if the members have any ability or authority, directly or indirectly, to influence or participate in the management or operation of the LLC. For more information, see R&TC Section 23101 or go to ftb.ca.gov and search for doing business.
Backup Withholding - With certain limited exceptions, payers that are required to withhold and remit backup withholding to the IRS are also required to withhold and remit to the FTB on income sourced to
California. If the payee has backup withholding, the payee must contact the FTB to provide a valid Taxpayer Identification Number (
TIN), before filing the tax return. Failure to provide a valid TIN may result in a denial of the backup withholding credit. For more information, go to ftb. ca. gov and search for backup withholding.
Domestic Limited Partnership Revival - California law requires a cancelled domestic limited partnership to accompany the certificate of revival filed with the California Secretary of State (
SOS) with written confirmation obtained from the FTB that all required tax returns have been filed by the partnership. Also, in addition to payment of taxes, interest and penalties, fees must be paid as well. This new law further authorizes the FTB to assess a specialized tax service fee for an expedited domestic limited partnership revival confirmation letter request. The fee is:
- $100 until December 31, 2010.
- $56 on or after January 1, 2011, as set by regulation.
Partnership Converting to a Corporation - IRS Revenue Ruling
2009 - 15 was released, which explains that in certain situations a partnership that converts to a corporation under Federal Regulation
Section 301.7701-3(c) (1) (i) or under a state law formless conversion statute is eligible to make an S election effective for the corporation's first taxable year.
Conversion to an LLC
A partnership that converts to an LLC during the year must file two
California returns. Even if the partners/members and the business operations remain the same, the partnership should file Form 565 for the beginning of the year to the date of change. For the remainder of the year, the newly converted LLC would file Form 568. See General
Information I, Accounting Periods, for further instructions.
Paid Preparer Authorization
A partnership can designate a paid preparer to discuss the tax return with the FTB. For more information, see General Information M,
Signatures, included in this booklet.
Dissolving or Cancelling/Tax Clearance Certificate Process
Limited Partnerships (LP) or Limited Liability Partnerships (LLP) are not required to obtain a Tax Clearance Certificate prior to the dissolution or cancellation of the LP or LLP . For more information, see General
Information P , Cancelling a Limited Partnership (LP) or Limited Liability
Partnership (LLP).
Providing California and Federal Returns
The FTB may request copies of California or federal returns that are subject to or related to a federal examination. Generally, the California statute of limitations is four years from the return due date or from the date filed, whichever is later. However, the statute is extended in situations where an individual or a business entity is under examination by the
IRS. For additional information concerning the extended statute of limitation due to a federal examination, see General Information J,
Amended Return.
The FTB recommends keeping copies of returns and records that verify income, deductions, adjustments, or credits reported, for at least the minimum time required under the statute of limitations. However, some records should be kept much longer. For example, partners should keep records substantiating their basis in a partnership and property owners should keep records to figure the basis of property.
Federal/State Differences
California tax law generally conforms to federal tax law in the area of partnerships (IRC Subchapter K - Partners and Partnerships). However, there are some differences:
- California does not conform to the federal modifications to amortization of research and experimental expenditures (IRC
Section 174).
- In general, California does not conform to the ARPA.
- In general, California does not conform to the Consolidated
Appropriations Act (
CAA), 2021.
The TCJA signed into law on December 22, 2017 made changes to the
IRC. In general, California R&TC does not conform to the changes.
California taxpayers continue to follow the IRC as of the specified date of
January 1, 2015, with modifications. The following is a non-exhaustive list of the
TCJA changes:
- California does not conform to the expanded definition of IRC
Section 179 property for certain depreciable tangible personal property related to furnishing lodging and for qualified real property for improvements to nonresidential real property.
- California does not conform to the deferral and exclusion of capital gains reinvested or invested in qualified opportunity zone funds.
- California does not conform to the exclusion of a patent, invention, model or design, and secret formula or process from the definition of capital asset.
- California does not conform to the new federal deduction for qualified business income of pass-through entities under
IRC section 199A.
- California does not conform to the gain or loss of foreign persons from sale or exchange of interests in partnership engaged in a trade or business within the United States.
- California does not conform to the modification of the definition of substantial built-in loss in the case of the transfer of partnership interests.
Page 6 Form 565 Booklet 2024
- California does not conform to charitable contribution and foreign taxes being taken into account in determining limitation on allowance of partner's share of loss.
- California does not conform to IRC Section 951A, which relates to global intangible low-taxed income.
- California does not conform to the change to IRC Section 163(j), which limits business interest deductions.
Additional federal/state differences may occur for the following:
- California does not conform to the qualified small business stock deferral and gain exclusion under IRC Section 1045 and IRC
Section 1202.
- IRC Section 168(k) relating to the depreciation deduction for certain assets
- An $800 annual tax is generally imposed on LPs, LLCs classified as partnerships for tax purposes, LLPs, and
REMICs that are partnerships or are classified as partnerships for tax purposes.
- Distributions to certain nonresident partners are subject to withholding for California tax.
- A deduction for taxes paid to other states is not allowed.
- California follows federal law by requiring partnerships to use a required taxable year. However, California does not conform to the federal required payment provision.
- California law has specific provisions concerning the distributive share of partnership taxable income allocable to California, with special apportionment formulas for professional partnerships.
- California law modifies the federal definitions for unrealized receivables and substantially appreciated inventory items.
- California has not conformed to the provisions relating to the TEFRA.
- California has not adopted the federal definition of small partnerships, as defined in
IRC Section 6231.
This list is not intended to be all-inclusive for the federal and state differences. For additional information, consult R&TC.
Revised Uniform Partnership Act (RUPA)
California has enacted RUPA which applies to partnerships formed after
January 1, 1997. RUPA applies to all partnerships after January 1, 1999.
RUPA governs the formation, operation, and liquidation of partnerships in California. However, the R&TC governs the taxation of partnerships doing business in California.
California Disclosure Obligations
If the partnership was involved in a reportable transaction, including a listed transaction, the partnership may have a disclosure requirement.
Attach federal Form 8886, Reportable Transaction Disclosure Statement, to the back of the California return along with any other supporting schedules.
If this is the first time the reportable transaction is disclosed on the return, send a duplicate copy of federal Form 8886 to the address below:
TAX SHELTER FILING
ABS 389 MS F340
FRANCHISE TAX BOARD
PO BOX 1673
SACRAMENTO
CA 95812-9900
The FTB may impose penalties if the partnership fails to file federal
Form 8886, federal Form 8918, Material Advisor Disclosure Statement, or any other required information. A material advisor is required to provide a reportable transaction number to all taxpayers and material advisors for whom the material advisor acts as a material advisor.
For more information, go to ftb.ca.gov and search for disclosure obligation.
Claim of Right
If the partnership had to repay an amount that was included in income in an earlier year, under a claim of right, the partnership may be able to deduct the amount repaid from its income for the year in which it was repaid. Or, if the amount the partnership repaid is more than $3,000, the partnership may be able to take a credit against its tax for the year in which it was repaid. For more information, see the Repayments section of federal Pub. 525, Taxable and Nontaxable Income.
California Tax Information on the Internet
You can download, view, and print California tax forms and publications at ftb.ca.gov/forms.
Federal Tax Information on the Internet
The IRS has federal forms and publications available to download, view, and print at irs.gov.
State Agencies' Websites
Access other California state agency websites at ca.gov.
Joint Agency Website
For additional business tax information, go to taxes.ca.gov, sponsored by the Board of Equalization (
BOE), California Department of Tax and Fee
Administration (CDTFA), Employment Development Department (EDD), the FTB, and the IRS.
B Purpose
Form 565 is an information return for calendar year 2024 or fiscal years beginning in 2024. Use Form 565 to report income, deductions, gains, losses, etc., from the operation of a partnership.
C Definitions
General Partnership
A general partnership is only composed of general partners. Any partnership that does not satisfy state law requirements to be a limited partnership is a general partnership.
Limited Partnership (LP)
A partnership formed by two or more persons under the laws of this state and having one or more general partners and one or more limited partners.
Limited partnerships are required to register with the California
SOS.
Limited Liability Partnership (LLP)
California law authorizes the formation of LLPs with activities limited to either the practice of architecture, public accountancy, engineering, land surveying, law, and related services. California also recognizes out-of-state LLPs doing business in California. California extended the repeal date until January 1, 2026.
An LLP is a partnership, other than a limited partnership, that has a
Certificate of Registration on file with the California SOS as described in
Corporation Code Section 16951.
Real Estate Mortgage Investment Conduit (REMIC)
A special tax vehicle for entities that issue multiple classes of investor interests backed by a fixed pool of mortgages.
For additional information get the instructions for federal Form 1066,
U.S. Real Estate Mortgage Investment Conduit (
REMIC) Income Tax
Return, federal Publication 938, Real Estate Mortgage Investment
Conduits (
REMICs) Reporting Information, (And Other Collateralized
Debt Obligations (CDOs)).
Additional Definitions
For definitions of a partnership, general partner, limited partner, nonrecourse loans, apportionment, unitary, etc., see the Partner's
Instructions for the Schedule K-1 (565) and the instructions for federal
Form 1065, U.S. Return of Partnership Income.
D Who Must File
A partnership (including REMICs classified as partnerships) that engages in a trade or business in California or has income from a
California source must file Form 565. See definition of "doing business" in General Information A, Important Information.
LPs and LLPs
LPs and LLPs (both foreign, non-U.S, and domestic U.S.) doing business in California, that have a certificate on file, or are registered with the California SOS (whether or not doing business in California) must file a return and pay the $800 annual tax.
The LP is still required to file Form 565 if the LP is registered in
California and both of the following apply:
- It is not doing business in California.
- It does not have California source income.
If the LP meets both of these, then it may be eligible for the reduced filing program. The LP's filing requirement will be satisfied by doing all of the following:
- Completing Form 565 with all supplemental schedules.
- Completing and attaching California Schedule(s) K-1 (565) for partners with California addresses.
Form 565 Booklet 2024 Page 7
- Writing "SB 1106 Filing" in black or blue ink at the top of Form 565,
Side 1.
- Entering the total number of partners in Question L, Side 2, of
Form 565.
Partnerships (except for those organized or registered in California) that do not do business in California and that do not receive income from
California sources are not required to file Form 565. However, resident partners of a nonresident partnership may be required to furnish a copy of federal Form 1065.
LLCs
LLCs may be classified for tax purposes as a partnership, a corporation, or a disregarded entity. The LLC must file the appropriate California tax return for its classification. LLCs classified as a:
- Partnership file Form 568, see below for more information on LLCs classified as partnerships.
- General corporation file Form 100.
- S corporation file Form 100S.
- Disregarded entities, see General Information R,
Check-the-Box Regulations.
If your LLC is classified as a partnership, it must file Form 568 if any of the following apply:
- The LLC does business in California.
- The LLC is organized in California.
- The LLC is organized in another state or foreign country, but registered with the California
SOS.
- The LLC has income from California sources.
Exception: Nonregistered foreign (i.e., not organized in California) LLCs and LPs (excluding disregarded entities/single member LLCs) that are not doing business, but are deriving income from California or filing to report an election on behalf of a California resident file Form 565 instead of Form 568.
Nonregistered foreign LLCs that are general partners in a limited partnership doing business in California are considered to be doing business in California and should file Form 568. Nonregistered foreign
LLCs that are members of an LLC doing business in California are considered doing business in California if the nonreigstered foreign
LLC members have any ability or authority, directly or indirectly, to influence or participate in the management or operation of the LLC. If the nonregistered foreign LLC members are considered doing business in California then the nonregistered foreign LLC members should file
Form 568. (See Exceptions to Filing Form 568 in the 2024 Form 568
Limited Liability Company Tax Booklet, General Information D, Who
Must File).
Nonregistered foreign partnerships that are general partners of a partnership doing business in California are considered doing business in California and should file Form 565. Nonregistered foreign partnerships that are members of an LLC doing business in California are considered doing business in California if the nonregistered foreign partnership members have any ability or authority, directly or indirectly, to influence or participate in the management or operation of the LLC.
If the nonregistered foreign partnership members are considered doing business in California, then the nonregistered foreign partnership members should file Form 565.
Other Partnerships and Organizations
Certain publicly traded partnerships (PTPs) treated as corporations under IRC Section 7704 must file Form 100, California Corporation
Franchise or Income Tax Return.
A qualifying syndicate, pool, joint venture, or similar organization may elect under IRC Section 761(a) (which California follows) not to be treated as a partnership for state income tax purposes and will not be required to file Form 565 except for the year of election. If Form 565 is filed, a copy of the operating agreement and all amendments must be attached to the return, unless a copy has been previously filed with the FTB.
Religious and apostolic organizations that are exempt from income tax under R&TC Section 23701k are not required to file Form 565. However,
Form 565 should be prepared and attached to Form 199, California
Exempt Organization Annual Information Return.
E When and Where to File
A partnership must file Form 565 and pay the $800 annual tax
(if required) by the 15th day of the 3rd month (fiscal year) or
March 15, 2025 (calendar year), following the close of its taxable year.
When the due date falls on a weekend or holiday, the deadline to file and pay without penalty is extended to the next business day.
PAYMENTS
- Mail Form 565 with payment (LPs, LLPs, and REMICs only) to:
FRANCHISE TAX BOARD
PO BOX 942857
SACRAMENTO
CA 94257-0501
- E-filed returns: Pay electronically using Web Pay, credit card, EFW, or mail form FTB 3587, Payment Voucher for LP , LLP and REMIC e-filed returns, with payment to:
FRANCHISE TAX BOARD
PO BOX 942857
SACRAMENTO
CA 94257-0531
Using black or blue ink, make the check or money order payable to the
"Franchise Tax Board." Write the partnership's
FEIN, California SOS file number, and "2024 Form 565" on the check or money order.
Make all checks or money orders payable in U.S. dollars and drawn against a U.S. financial institution.
Do not attach a copy of the return with the balance due payment if the partnership already filed a return for the same taxable year.
REFUNDS
- Mail Form 565 requesting a refund to:
FRANCHISE TAX BOARD
PO BOX 942857
SACRAMENTO
CA 94257-0500
RETURN WITHOUT PAYMENT or PAID ELECTRONICALLY
- Mail Form 565 without a payment or paid electronically to:
FRANCHISE TAX BOARD
PO BOX 942857
SACRAMENTO
CA 94257-0500
Extensions
California does not require the filing of written extensions. If a partnership needs more time to file Form 565 by the return's due date, the partnership is granted an automatic seven month extension.
However, the automatic extension does not extend the time to pay the $800 annual tax.
If the partnership is filing the return under extension, get form FTB 3538,
Payment for Automatic Extension for LPs, LLPs, and
REMICs. Send form
FTB 3538 and the tax payment to the FTB by the 15th day of the 3rd month following the close of the taxable year.
Electronic Funds Withdrawal
Partnerships can make an extension payment using tax preparation software. Check with your software provider to determine if they support
EFW for extension payments.
Private Delivery Services
California law conforms to federal law regarding the use of certain designated private delivery services to meet the "timely mailing as timely filing/paying" rule for tax returns and payments. See the instructions for federal Form 1065 for a list of designated delivery services. If a private delivery service is used, address the return to:
FRANCHISE TAX BOARD SACRAMENTO
CA 95827
Caution: Private delivery services cannot deliver items to PO boxes.
If you will be using one of these services to mail any item to the FTB,
Do not use an FTB PO box.
Page 8 Form 565 Booklet 2024
F Annual Tax
The $800 annual tax applies to all LPs, LLPs, REMICs, and LLCs, if any of the following apply to the entity:
- It is doing business in California.
- It is registered in California.
- It is organized in California.
A general partner in a limited partnership doing business in California is also considered doing business in California. A nonregistered foreign
(i.e., not organized in California) LLC that is a member of an LLC doing business in California is considered doing business in California if the nonreigstered foreign LLC member has any ability or authority, directly or indirectly, to influence or participate in the management or operation of the LLC.
The annual tax cannot be deducted as an expense by the partnership or deducted from the partner's distributive share.
An LP that is filing ONLY to report California source income is NOT subject to the annual tax if all of the following apply:
- It is not doing business in California.
- It is not registered in California.
- It is not organized in California.
Enter the annual tax payment made for the 2024 taxable year on the applicable line of Form 565.
G Penalties and Interest
Failure to File a Timely Return or Provide Information
Unless failure is due to reasonable cause, a penalty will be assessed against the partnership if it is required to file a partnership return and one of the following occur:
- It fails to file the return on time, including extensions.
- It files a return, including Schedules K-1 (565), that fails to show all the information required.
The amount of the penalty for each month, or part of a month (for a maximum of 12 months) that the failure continues, is $18 multiplied by the total number of partners in the partnership during any part of the taxable year for which the return is due. Interest will be charged on the penalty from the date the notice of tax due is sent by the FTB to the date the return is filed.
For "small partnerships," as defined in IRC Section 6231, the federal exception to the imposition of penalties for failure to file partnership returns, does not apply for California purposes. For more information, see R&TC Section 19172.
Failure to Pay Total Tax by Due Date
For LPs, LLPs, and REMICs that must pay the $800 annual tax with
Form 565, a penalty for late payment of tax may be assessed. Any LP ,
LLP , or
REMIC that fails to pay the $800 annual tax by the original due date is assessed a penalty of 5% of the unpaid tax, plus 0.5% for each month or part of a month (not to exceed 40 months) the tax remains unpaid. This penalty cannot exceed 25% of the unpaid tax. Interest will be due and payable on the late payment.
Interest
Interest is due and payable on any tax due if not paid by the original due date. Interest is also due on some penalties. The automatic extension of time to file does not stop interest from accruing. California follows federal rules for the calculation of interest. Get FTB Pub. 1138, Business
Entity Refund/Billing Information, for more information.
Other Penalties/Fees
A penalty may also be charged if a payment is returned for insufficient funds. In addition, fees may be charged for the cost of collections.
H Accounting Methods
Compute ordinary income or loss by the accounting method regularly used to maintain the partnership's books and records. This method must clearly reflect the partnership's income or loss.
Partnerships given permission to change their accounting method for federal purposes should see
IRC Section 481 for information relating to the adjustments required.
Generally, a partnership may not use the cash method of accounting if the partnership has a corporate partner, average annual gross receipts of more than $5 million, or is a tax shelter. For exceptions, see
IRC Section 448.
The mark-to-market accounting method is required for securities dealers. The
IRC Section 481 adjustment is taken into account ratably over five years beginning with the first income year.
I Accounting Periods
Partnership returns normally must be filed for an accounting period that includes 12 full months. A short period return must be filed if the partnership is created or terminated within the taxable year. In that case, write "Short Period" in black or blue ink at the top of Form 565, Side 1.
For information on the required taxable year of a partnership, get the instructions for federal Form 1065.
J Amended Return
If, after the partnership files its return, it becomes aware of changes it must make, the partnership should file an amended Form 565 and an amended paper Schedule K-1 (565) for each affected partner, if applicable. Check the "Amended return" box on Form 565, Side 1,
Item H(3) and on Schedule K-1 (565), Side 1, Item H(2). Give a corrected Schedule K-1 (565) labeled "Amended" to each affected partner. If the partnership originally filed a group nonresident partner
Form 540NR, California Nonresident or Part-Year Resident Income Tax
Return, the partnership should file an amended Form 540NR.
Attach a statement that identifies the line number of each amended item, the corrected amount or treatment of the item, and an explanation of the reason(s) for each change.
If the partnership's federal return is changed for any reason, the federal change may affect the partnership's California return. This would include changes made because of an examination. The partnership must file an amended return within six months of the final federal adjustments. The partnership should attach a copy of the federal Revenue Agent's Report or other notice of the adjustments to the return. The partnership should inform the partners that they may also be required to file amended returns based on any changes made by the IRS within six months from the date of the final federal adjustments.
K Required Information Returns
Every partnership must file information returns if, in the course of its trade or business any of the following occur:
- The partnership makes payments of rents, salaries, wages, annuities, or other fixed or determinable income during one taxable year totaling $600 or more to one person.
- The partnership pays an individual or one payee interest and dividends totaling $10 or more.
- The partnership receives cash payments over $10,000.
Payments of any amount by a broker, dealer, or barter exchange agent must also be reported.
Partnerships must report payments made to California residents by providing copies of federal Form 1099 (series).
If the partnership has nonresident partners, see the reporting and withholding requirements on Form 592, Resident and Nonresident
Withholding Statement; Form 592-B, Resident and Nonresident
Withholding Tax Statement; Form 592-F, Foreign Partner or Member
Annual Return and Form 592-PTE, Pass-Through Entity Annual
Withholding Return. Get FTB Pub. 1017, Resident and Nonresident
Withholding Guidelines, for more information.
Partnerships must submit a copy of federal Form 8300, Report of Cash
Payments Over $10,000 Received in a Trade or Business, within 15 days after the date of the transaction.
Partnerships must report interest paid on municipal bonds issued by a state other than California or a municipality other than a California municipality and that are held by California taxpayers. Entities paying interest to California taxpayers on these types of bonds are required to report interest payments totaling $10 or more paid after
January 1, 2024. Information returns will be due June 1, 2025. Get form FTB 4800 MEO, Interest and Interest-Dividend Payment Reporting
Requirement Letter, for more information.
Form 565 Booklet 2024 Page 9
Partnerships must use form FTB 3834, Interest Computation Under the
Look-Back Method for Completed Long-Term Contracts, to report interest due or to be refunded under the look-back method on long-term contracts.
If you are filing form FTB 3834 to compute the interest due or to be refunded under the look-back method, attach a copy of form FTB 3834 to Form 565.
Any information returns required for federal purposes under IRC
Sections 6038, 6038A, 6038B, and 6038D are also required for California purposes. Attach the information returns to Form 565 when filed. If the information returns are not provided, penalties may be imposed.
Mail all information returns, unless otherwise noted, separately from
Form 565. Information returns should be mailed to:
FRANCHISE TAX BOARD
PO BOX 942857
SACRAMENTO CA 94257-0500
L Special Items
California law generally follows federal law in the areas of:
- IRC Section 702(a) items
- Elections
- Distributions of unrealized receivables and inventory items
- Partners' dealings with the partnership
- Contributions to the partnership
- Allocable income of foreign nonresident partners subject to withholding, Forms 592-A, 592-B, and 592-F
- Basis and at-risk rules
- Passive activity limitations
- Net operating loss deductions by a partner (a partnership is not allowed the deduction)
- Publicly traded partnerships (PTPs)
- Long-term contracts
- Installment sales
- Vacation pay
- Amortization of past service costs
- Distributions of contributed property by a partnership
- Recognition of precontribution gain in certain partnership distributions to contributing partners
See the instructions for federal Form 1065 for specific information about these provisions.
M Signatures
General Partner
Form 565 is not considered a valid return unless it is signed by a general partner. If a receiver, trustee in bankruptcy, or assignee controls the organization's property or business, that individual must sign the return.
Include a general partner's phone number and email address in case the
FTB needs to contact the partnership for information needed to process this return. By providing this information the FTB will be able to process the return or issue the refund faster.
Paid Preparer's Information
Anyone who is paid to prepare the partnership return must sign the return and complete the "Paid Preparer's Use Only" area of the return.
The paid preparer must do all of the following:
- Complete the required preparer information. Tax preparers must provide their preparer tax identification number (
PTIN).
- Sign in the space provided for the preparer's signature.
- Give the partnership a copy of the return in addition to the copy to be filed with the FTB.
An individual who prepares the return and does not charge the partnership should not sign the partnership return.
Paid Preparer Authorization
If the partnership wants to allow the paid preparer to discuss its 2024
Form 565 with the FTB, check the "Yes" box in the signature area of the return. This authorization applies only to the individual whose signature appears in the "Paid Preparer's Use Only" section of the return. It does not apply to the firm, if any, shown in that section.
If the "Yes" box is checked, the partnership is authorizing the FTB to call the paid preparer to answer any questions that may arise during the processing of its return. The partnership is also authorizing the paid preparer to:
- Give the FTB any information that is missing from the return.
- Call the FTB for information about the processing of the return or the status of any related refund or payments.
- Respond to certain FTB notices about math errors, offsets, and return preparation.
The partnership is not authorizing the paid preparer to receive any refund check, bind the partnership to anything (including any additional tax liability), or otherwise represent the partnership before the FTB.
The authorization will automatically end no later than the due date
(without regard to extensions) for filing the partnership's 2025 tax return. If the partnership wants to expand the paid preparer's authorization, go to ftb.ca.gov/poa. If the partnership wants to revoke the authorization before it ends, notify the FTB in writing or call
800.852.5711.
N Group Returns
Nonresidents or Part-Year Residents
Nonresident partners of a partnership doing business or deriving income from sources within California may elect to file a group nonresident return (R&TC Section 18535).
- Group nonresident returns may include less than two nonresident individuals.
- Nonresident individuals with more than $1,000,000 of California taxable income are eligible to be included in group nonresident returns.
- An additional 1% tax will be assessed on resident and nonresident individuals who have California taxable income over $1,000,000.
The laws guiding California's taxation of nonresidents, former nonresidents, and part-year residents set rules for calculating loss carryovers, deferred deductions, and deferred income, including the tax computation method to recognize those items. Get FTB Pub. 1100,
Taxation of Nonresidents and Individuals Who Change Residency, for more information.
Get FTB Pub. 1067, Guidelines for Filing a Group Form 540NR, for more information.
O Investment Partnerships
Income of nonresident partners, including banks and corporations, derived from "qualifying investment securities" of an "investment partnership" is considered income from sources other than California, except as noted below. Nonresident partners generally will not be taxed on this income. The partnership should inform its nonresident partners if all or a portion of their distributive share of income is from "qualifying investment securities" of an "investment partnership" and whether it is sourced to California. For definitions of qualifying investment securities and investment partnership, see Specific Instructions, Question V, included in this booklet.
However, for apportioning purposes, income from a partnership that is an investment partnership is generally considered business income (see
Appeal of Estate of Marion Markus, Cal. St. Bd. of Equal., May 6, 1986).
Investment partnerships doing business within and outside California should apportion California source income using California Schedule R.
Investment partnerships doing business solely within California should treat all business income of the investment partnership as California source income.
Investment partnerships that have California source income should fill out column (e) of the Schedule K-1 (565) showing each partner's distributive share of California source income.
Generally, partners who are nonresident individuals would not record this income as California source income. However, there are two exceptions to the general rule when a nonresident individual may have California source income from an investment partnership.
Nonresident individual partners will be taxed on their distributive shares of income from the investment partnership if the income from
Page 10 Form 565 Booklet 2024 the qualifying investment securities is interrelated with either of the following:
- Any other business activity of the nonresident partner.
- Any other entity in which the nonresident partner owns an interest that is separate and distinct from the investment activity of the partnership and that is conducted in California.
Corporations that are partners in an investment partnership are generally not taxed on their distributive share of partnership's income, provided that the income from the partnership is the corporation's only California source income. However, the corporation will be taxed on its distributive share of California source income of the partnership if either of the following apply:
- The corporation participates in the management of the investment activities of the investment partnership.
- The corporation has derived income from or attributable to sources within California other than income from the investment partnership.
P Cancelling a Limited Partnership (LP) or
Limited Liability Partnership (LLP)
LPs and LLPs are required to pay the $800 annual tax and file Form 565 until the appropriate papers are filed with the California
SOS.
The annual tax will not be assessed if the LP or LLP meet the following requirements:
- The LP or LLP files a timely Final Partnership Return of Income for the preceding taxable year, including extension.
- The LP or LLP did not do business in California after the final taxable year.
- The LP or LLP files the appropriate documents for dissolution with the California
SOS within 12 months of the timely filed Final
Partnership Return of Income.
Limited Partnerships (LPs)
In order to terminate an LP , the following steps must be taken:
- File a timely Final Partnership Return of Income with the FTB and pay the $800 annual tax for the taxable year of the final return.
- File Form LP-4/7, Certificate of Cancellation, with the California SOS.
Contact the California SOS for more details.
The Form LP-4/7's effective date will stop the assessment of the $800 annual tax for future taxable years. If Form LP-4/7 is filed after the taxable year ending date, a subsequent year's return and an additional
$800 tax may be required. However, if the LP does no business after the end of the taxable year for which the final annual return is filed, and the LP files its termination documents with the California
SOS before
12 months from the date the final return was timely filed, the LP will not owe the annual tax for subsequent years.
Example - An LP files a timely 2024 return marked final on
March 15, 2025, and pays the $800 annual tax for 2024. The LP does no business after 2024. The LP files its termination documents with the
California
SOS before March 16, 2026. The LP does not owe the $800 annual tax for 2025.
Limited Liability Partnerships (LLPs)
In order to terminate an LLP , the following steps must be taken:
- File a timely Final Partnership Return of Income with the FTB and pay the $800 annual tax for the taxable year of the final return.
- File Form LLP-4, Notice of Change of Status, with the California SOS.
Contact the California SOS for more details.
The Form LLP-4's effective date (the date Form LLP-4 is received by the California SOS) will stop the assessment of the $800 annual tax for future taxable years. If Form LLP-4 is filed after the taxable year ending date, a subsequent year return and an additional $800 may be required.
Additional Information
For more information on how to cancel your partnership:
Where to File: Completed forms along with the applicable fees, if any, can be mailed to:
LPs and LLPs - CALIFORNIA SECRETARY OF STATE
BUSINESS ENTITIES FILINGS UNIT
PO BOX 944260
SACRAMENTO
CA 94244-2600 or delivered in person (drop off) to the Sacramento office:
CALIFORNIA SECRETARY OF STATE BUSINESS ENTITIES FILINGS UNIT
1500 11TH STREET
SACRAMENTO
CA 95814
This form is filed only in the Sacramento office.
Telephone Number: 916.657.5448
Office hours are Monday through Friday, 8 a.m. to 5 p.m. (excluding state holidays).
Website: sos.ca.gov
If the partnership is being terminated or cancelled to convert to another type of business entity, be sure to file the appropriate forms with the
California
SOS.
Get FTB Pub. 1038, Guide to Dissolve, Surrender, or Cancel a California
Business Entity, for more information.
Q Withholding Requirements
Foreign (non-U.S.) Nonresident Partners
As described in IRC Section 1446 and modified by R&TC Section 18666, if a partnership has any income or gain from a trade or business within California, and if any portion of that income or gain is allocable under
IRC Section 704 to a foreign (non-U.S.) nonresident partner, the partnership is required to withhold tax on the allocable amount.
State and Federal Differences Regarding Foreign (non-U.S.)
Nonresident Partners
California generally conforms to IRC Section 1446 and corresponding federal rulings and procedures. The main differences between California and federal laws in this area are: a. The California withholding rate is 8.84% for C corporations and
12.3% for individuals, partnerships, and fiduciaries. b. Income attributable to the disposition of California real property is subject to withholding under R&TC Section 18662.
Domestic (U.S.) Nonresident Partners
A partnership is required to withhold funds for income or franchise taxes when it makes a distribution of income to a domestic (U.S.) nonresident partner (R&TC Section 18662). This includes prior year income that should have been, but was not, previously reported as income from
California sources on the partner's California income tax return.
However, withholding is not required if distributions of income from
California sources to the partner are $1,500 or less during the calendar year or if the FTB directs the payer not to withhold.
Domestic (U.S.) nonresident partners include individuals who are nonresidents of California and corporations that are not qualified to do business in California or do not have a permanent place of business in California. Domestic (U.S.) nonresident partners also include nonresident estates, trusts, LLCs, and partnerships that do not have a permanent place of business in California. Foreign nonresident partners covered under R&TC Section 18666 are not domestic nonresident partners.
Partnerships with income from within and outside California must make a reasonable estimate of the ratio, to be applied to the distributions, that approximates the ratio of California source income to total income.
The ratio for the prior year will generally be accepted as reasonable in determining the California part of the distribution subject to the withholding. Partnerships are required to withhold at a rate of 7% of distributions (including property) of income from California sources made to domestic nonresident partners.
The FTB has administrative authority to allow reduced withholding rates, including waivers, when requested in writing. These authorizations may be one-time, annual, or for a longer period. Waivers or reduced withholding rates will normally be approved when distributions are made by PTPs and on distributions to brokerage firms, tax-exempt organizations, and tiered partnerships.
No withholding is required if the distribution is a return of capital or does not represent taxable income for the current or prior years. Although a waiver is not required in this situation, if upon examination the FTB
Form 565 Booklet 2024 Page 11 determines that withholding was required, the partnership may be liable for the withholding and penalties.
Send waiver requests and inquiries to:
WITHHOLDING SERVICES AND COMPLIANCE MS F182
FRANCHISE TAX BOARD
PO BOX 942867
SACRAMENTO
CA 94267-0651
Telephone: 888.792.4900 or
916.845.4900
Waivers may also be submitted online. Go to ftb.ca.gov and search
588 online.
Report withholding on Forms 592, 592-B, 592-F, and 592-PTE.
Withholding payments are remitted with Forms 592-A, 592-Q,
Payment Voucher for Pass-Through Entity Withholding, and 592-V,
Payment Voucher for Resident and Nonresident Withholding. For more information, get FTB Pub. 1017.
The taxable income of nonresident partners is the distributive share of
California sourced partnership income, not the distributed amount.
R Check-the-Box Regulations
California generally conforms to the federal entity classification regulations (commonly known as "check-the-box" regulations). These regulations allow certain unincorporated entities to choose tax treatment as a partnership, a corporation, or an entity disregarded as separate from its owner.
Generally, any election made for federal purposes under the federal
"check- the-box" regulations is considered the California election. No separate election is allowed. If federal Form 8832, Entity Classification
Election, is filed with the federal return, a copy should be attached to the electing entity's California return for the year in which the election is effective. The entity should file the appropriate California return.
An "eligible entity" may choose its classification. An eligible entity is a business entity that is not a trust, a corporation organized under a federal or state statute, a foreign entity specifically listed as a per se corporation, or other special business entities. Other special business entities under the
IRC include PTPs, REMICs, financial asset securitization investment trusts (FASITs), or regulated investment companies (RICs). An eligible entity with two or more owners will be a partnership (for tax purposes) unless it elects to be taxed as a corporation. An eligible entity with a single owner will be disregarded for tax purposes, unless the entity elects to be taxed as a corporation. If the separate existence of an entity is disregarded, its activities are treated as activities of the owner and are reported on the appropriate California return.
IMPORTANT: There is an exception to the general rule that an eligible business entity is classified the same for California as for federal income tax purposes. If an eligible business entity was properly classified for
California income tax purposes as an association taxable as a corporation for any income year prior to January 1, 1997, it will continue to be classified as such until it makes an irrevocable election to be classified or disregarded the same as it is for federal. The exception does not apply to a business entity which, during the 60 month period preceding
January 1, 1997, was appropriately classified as an association taxable as a corporation and met all of the following conditions:
- The business entity was not doing business in California.
- The business entity did not derive income from sources within California.
- The business entity had no partners who were residents of California.
The eligible business entities to which the exception applies are generally:
- Business trusts that were classified as corporations under California law, but were classified as partnerships for federal tax purposes for taxable years beginning before January 1, 1997; and 2) Previously existing foreign single member limited liability companies (SMLLCs) that were classified as corporations under California law but claimed to be partnerships for federal tax purposes for taxable years beginning before
January 1, 1997.
These business trusts and previously existing foreign SMLLCs will continue to be classified as corporations for California tax purposes and must continue to file Form 100, unless they make an irrevocable election to be classified or disregarded the same as they are for federal tax purposes. Get form FTB 3574, Special Election for Business Trusts and Certain Foreign Single Member LLCs, and Cal. Code Regs., tit. 18 sections 23038(a)-(b).
S Substitute Schedules
The LLC needs approval from the FTB to use a substitute
Schedule K-1 (565). The substitute schedule must include the Partner's
Instructions for Schedule K-1 (565) or other prepared specific instructions. For more information and access to form FTB 1096,
Agreement to Comply with FTB Pub. 1098 Annual Requirements and Specifications; or FTB Pub. 1098, Annual Requirements and
Specifications for the Development and Use of Substitute, Scannable, and Reproduced Tax Forms, email the FTB's Substitute Forms Program at SubstituteForms@ftb.ca.gov.
T Property Subject to IRC Section 179 Recapture
California will follow the revised federal instructions (with some exceptions) for reporting the sale, exchange, or disposition of property for which an
IRC Section 179 expense deduction was claimed in prior years by a partnership, LLC, or S corporation.
If there is gain from the sale, exchange, or disposition of property for which an
IRC Section 179 expense deduction was claimed in a prior year, special rules apply. Partners should follow the instructions in federal Form 4797, Sales of Business Property.
The gain on property subject to the IRC Section 179 recapture should be reported on the Schedule K (565) and Schedule K-1 (565) as supplemental information as instructed on the federal Form 4797.
The partnership must provide all of the following information with respect to a disposition of business property if an
IRC Section 179 expense deduction was claimed in prior years:
- Description of the property.
- Date the property was acquired and placed in service.
- Date the property was sold or other disposition.
- Gross sales price or amount realized.
- Cost or other basis plus expense of sale (not including the entity's basis reduction in the property due to
IRC Section 179 expense deduction).
- Depreciation allowed or allowable (not including the IRC Section 179 expense deduction).
- Amount of IRC Section 179 expense deduction (if any).
- An indication if the disposition is from a casualty or theft.
- If this is an installment sale, compute the installment amount by using the method provided in form FTB 3805E, Installment Sale Income.
U California Use Tax
General Information
Use tax has been in effect in California since July 1, 1935. It applies to purchases of property from out-of-state sellers and is similar to sales tax paid on purchases made in California. If the partnership has not already paid all use tax due to the California Department of Tax and
Fee Administration, it may be able to report and pay the use tax due on its state income tax return. However, partnerships required to hold a California seller's permit or to otherwise register with the California
Department of Tax and Fee Administration for sales and use tax purposes may not report use tax on their state income tax return. See the information below and the instructions for line 32 of the income tax return.
In general, partnerships must pay California use tax on purchases of merchandise for use in California, made from out-of-state sellers, for example, by telephone, online, by mail, or in person.
Partnerships must pay California use tax on taxable items if:
- The seller does not collect California sales or use tax, and
- The partnership uses, gifts, stores, or consumes the item in California.
Example: The partnership purchases a conference table from a company in North Carolina. The company ships the table from North Carolina to the partnership's address in California for the partnership's use, and does not charge California sales or use tax. The partnership owes use tax on the purchase.
Page 12 Form 565 Booklet 2024
However, not all purchases require the partnership to pay use tax. For example, the partnership would include purchases of office equipment, but not exempt purchases of food products or prescription medicine.
For more information on nontaxable and exempt purchases, the partnership may refer to Publication 61, Sales and Use Taxes:
Tax Expenditures, on the California Department of Tax and Fee
Administration's website at cdtfa.ca.gov.
For more information about California use tax, please refer to the California
Department of Tax and Fee Administration's website at cdtfa.ca.gov and type "Find Information About Use Tax" in the search bar.
Complete the Use Tax Worksheet on page 14 to calculate the amount due.
Extensions to File. If the partnership requests an extension to file its tax return, wait until the partnership files its tax return to report the purchases subject to use tax and to make the use tax payment.
Interest, Penalties, and Fees. Failure to timely report and pay use tax due may result in the assessment of interest, penalties, and fees.
Application of Payments. For purchases made during taxable years starting on or after January 1, 2015, payments and credits reported on an income tax return will be applied first to the use tax liability, instead of income tax liabilities, penalties, and interest.
Changes in Use Tax Reported. Do not file an Amended Partnership Return of Income to revise the use tax previously reported. If the partnership has changes to the amount of use tax previously reported on the original tax return, contact the California Department of Tax and Fee Administration.
For assistance with use tax questions, go to the California Department of Tax and Fee Administration's website at cdtfa.ca.gov or call their
Customer Service Center at 800.400.7115 (TTY:711) (for hearing and speech disabilities). For California income tax information, contact the
Franchise Tax Board at ftb.ca.gov.
Specific Instructions
Fill In All Applicable Lines and Schedules
Enter any items specially allocated to the partners on the applicable line of the partner's Schedule K-1 (565) and the total amounts on the applicable lines of Schedule K (565). Do not enter these items directly on Form 565, Side 1, Schedule A or Schedule D (565). Do not apply the apportionment factor to the items on Schedule K (565).
Whole numbers should be shown on the return and accompanying schedules.
Name, Address, FEIN, and California SOS File Number
The partnership may use its legal or trade name on all California returns and other documents filed. Print the partnership's legal or trade name, address,
FEIN, and California SOS file number.
- Federal employer identification number (FEIN)
- California SOS file number or enter the FTB assigned identification number in the CA SOS file number field.
- Partnership name (use the legal name filed with the California SOS) and address, include Private Mail Box (PMB) number, if applicable.
Use the Additional information field for "Owner/Representative/Attention" name and other supplemental address information only.
Foreign Address
If the partnership has a foreign address, follow the country's practice for entering the city, county, province, state, country, and postal code, as applicable, in the appropriate boxes. Do not abbreviate the country name.
Item G - Total Assets at End of Taxable Year
See the instructions for Question P before completing this item.
If the partnership is required to complete this item, enter the total assets at the end of the partnership's taxable year. This is determined by the accounting method regularly used to maintain the partnership's books and records. If there are no assets at the end of the taxable year, enter $0.
Item H(2) - Final Return
If the partnership is filing a final year tax return, check the "Final Return" box on Form 565, Side 1, Item H(2), and check the "A final Schedule K-1
(565)" box for Item H(1) on Schedule K-1 (565). Attach a statement that explains the reason for the termination or liquidation of the partnership.
Item H(4) Protective Claim
Check the box if this Form 565 is being filed as a protective claim for refund. A protective claim is a claim for refund filed before the expiration of the statute of limitations for which a determination of the claim depends on the resolution of some other disputed issues, such as pending state or federal litigation or audit. For more information on how to file a protective claim, go to ftb.ca.gov and search for protective claim.
Question I
All partnerships must answer all three questions. The questions provide information regarding changes in control or ownership of legal entities owning or under certain circumstances leasing California real property
(R&TC Section 64). (Real Property includes land, buildings, structures, fixtures - see R&TC Section 104).
If any of the answers are "Yes," a Statement of Change in Control and
Ownership of Legal Entities must be filed with the State of California; failure to do so within 90 days of the event date will result in penalties.
The form for this statement is form
BOE-100-B, filed with the California
State Board of Equalization. Get this form and information from the BOE website (boe.ca.gov) by searching for Legal Entity Ownership Program
(
LEOP).
There may be a change in ownership or control if, during this year, one of the following occurred with respect to this partnership (or any legal entity in which it holds a controlling or majority interest):
- The percentage of partnership interests transferred to or owned or controlled by, one person or one legal entity cumulatively exceeded
50%.
- The total partnership interests transferred to or held by one irrevocable trust or trust beneficiary cumulatively exceeded 50%.
- This partnership, (or any legal entity in which it holds a controlling or majority interest), cumulatively acquired ownership or control of more than 50% of the partnership or other ownership interests in any legal entity.
- As of the end of this year, cumulatively more than 50% of the total partnership interests have been transferred in one or more transactions since an interest in California real property was transferred to the partnership that was excluded from property tax reassessment under R&TC Section 62(a)(2) which established an original co-owners' interest status.
For purposes of these questions, leased real property is a leasehold interest in taxable real property: (1) leased for a term of 35 years or more (including renewal options), if not leased from a government agency; or (2) leased for any term, if leased from a government agency.
For partnerships, ownership interest is measured by a partner's interest in both the capital and profits interests in the partnership.
R&TC Section 64(e) requires this information for use in determining whether a change in ownership has occurred under Section 64(c) and (d); it is used by the
LEOP.
Income
Line 1 through Line 12
California's reporting requirements are generally the same as the federal reporting requirements. Follow the instructions for federal
Form 1065 and only include trade or business activity income on line 1 through line 12. However, for California tax purposes, business income of the partnership is computed using the rules set forth in R&TC
Section 25120. Therefore, certain income that may be portfolio income for federal purposes may be business income for California sourcing purposes. Do not include rental activity income or portfolio income on these lines. Rental activity income and portfolio income are separately reported on Schedule K (565) and Schedule K-1 (565). Rental real estate activities are also reported on federal Form 8825, Rental Real Estate
Income and Expenses of a Partnership or an S Corporation. Attach a copy of federal Form 8825 to Form 565. Use California amounts and attach a statement reconciling any differences between federal and
California amounts.
Form 565 Booklet 2024 Page 13
Use worldwide amounts determined under California law when completing these lines.
Form 565, line 4 through line 11 have been separated to report total gains and total losses. Net amounts are no longer reported. For example, the partnership is required to report a $100 Other Income item and a
<$20> Other Loss item. The $100 Other Income item must be reported on Line 10 and the <$20> Other Loss item loss must be reported as a negative number on Line 11.
Line 6 - Total Farm Profit
Line 7 - Total Farm Loss
Enter on line 6 the partnership's total farm profit from federal Schedule F
(Form 1040), Profit or Loss from Farming, line 34, Net farm profit or
(loss). Enter on line 7 the partnership's total farm loss from federal
Schedule F (Form 1040), line 34. Attach federal Schedule F to Form 565.
If the amount includable for California purposes is different from the amount on federal Schedule F, enter the California amount and attach a note explaining the difference.
Line 8 - Total Gain from Schedule D-1
Line 9 - Total Loss from Schedule D-1
Include only ordinary gains (losses) from the sale, exchange, or involuntary conversion of assets used in a trade or business activity.
Ordinary gains (losses) from the sale, exchange, or involuntary conversion of rental activity assets must be reported separately on
Schedule K (565) and Schedule K-1 (565).
A partnership that is a partner in another partnership must include on
Schedule D-1, Sales of Business Property, its share of ordinary gains
(losses) from sales, exchanges, or involuntary conversions (other than casualties or thefts) of the other partnership's trade or business assets.
Deductions
Line 13 through Line 22
California's reporting requirements are generally the same as the federal reporting requirements. Follow the instructions for federal Form 1065 and only include trade or business activity deductions on line 13 through line 21. Include amounts for repairs, rents, and taxes on line 21.
Do not include any rental activity expenses or deductions that are allocable to portfolio income on these lines. Rental activity deductions and deductions allocable to portfolio income are separately reported on
Schedule K (565) and Schedule K-1 (565).
Use worldwide amounts determined under California law when completing these lines.
Federal reporting requirements for organization expenses, syndication expenses, and uniform capitalization rules apply for California.
For taxable years beginning on or after January 1, 2014, California does not allow a business expense deduction for any fine or penalty paid or incurred by an owner of a professional sports franchise assessed or imposed by the professional sports league that includes that franchise. If the partnership deducted the fine or penalty for federal purposes, do not include the deduction for California purposes.
Claim of Right. To claim as a deduction, enter the amount on line 21. If you elect to take the credit instead of the deduction, remember to use the California tax rate, and add the credit amount to the total on line 31,
Total payments. To the left of this total, write "
IRC 1341" and the amount of the credit.
Line 17a - Depreciation and Amortization
Enter on line 17a the total depreciation and amortization claimed on assets used in a trade or business activity. Complete and attach form
FTB 3885P , Depreciation and Amortization, to figure depreciation and amortization. Transfer the total from form FTB 3885P , line 6, to Form 565, Side 1, line 17a, or federal Form 8825, line 14, or as appropriate (use California amounts). See the instructions for form
FTB 3885P for more information.
Do not include any expense deduction for recovery property (IRC
Section 179) on this line. This expense is not deducted by the partnership. Instead, it is passed through separately to the partners and is reported on line 12 of Schedule K (565) and Schedule K-1 (565).
Line 24 - Tax
Enter the $800 annual tax required for LPs, LLPs, and REMICs. See
General Information F, Annual Tax, for further details on the annual tax requirements.
Line 25 - Pass-Through Entity Elective Tax
Enter the total amount of elective tax from form FTB 3804, Part I,
Elective Tax, line 3.
Line 26 - Partnership Level Tax
Use this line to report the Partnership Level Tax (PLT) for California purposes resulting from changes or corrections made by
IRS under its centralized partnership audit regime. PLT is typically reported on an amended return. See R&TC Section 18622.5(d)(1)(A) for how to compute the PLT for state tax purposes.
Line 28 - Withholding (Form 592-B and/or 593)
If taxes were withheld from payment to the partnership, the partnership can either allocate the entire withholding credit to all its partners or claim a portion (not to exceed the total tax due) and allocate the remaining portion to all its partners. If the partnership claims any of the amount withheld, attach Form 592-B or Form 593, Real Estate
Withholding Statement, to the front lower portion of the partnership return. The partnership must file Forms 592, 592-F, or 592-PTE, and
592-B to allocate any remaining withholding credit to its partners. For more information, get FTB Pub. 1017.
The above explanation does not apply to the nonconsenting nonresident member's tax paid by an LLC on behalf of the nonresident partner.
The nonconsenting nonresident members' tax is not related to the partnership withholding on nonresident partners. Therefore, the tax cannot be claimed using Forms 592, 592-F, 592-PTE, and 592-B; and cannot be claimed by the partnership on this line. The partnership will allocate the entire amount paid by the LLC on its behalf to all of its partners on Schedule K (565) and Schedule K-1 (565), line 15e.
Line 30 - Amounts paid for pass-through entity elective tax
Enter any payments made for pass-through entity elective tax for the
2024 taxable year. This includes electronic payments and payments made with form FTB 3893. This also includes elective tax payments made with the entity's return. The elective tax payment cannot be combined with the entity's other tax payments.
Line 32 - Use Tax
As explained under Use Tax General Information U, California use tax applies to purchases of merchandise from out-of-state sellers (for example, purchases made by telephone, online, by mail, or in person) where sales or use tax was not paid and those items were used in
California. For questions on whether a purchase is taxable, go to the
California Department of Tax and Fee Administration's website at cdtfa.ca.gov, or call their Customer Service Center at 800.400.7115
(TTY:711) (for hearing and speech disabilities).
Note: The following businesses are required to report purchases subject to use tax directly to the California Department of Tax and Fee
Adminstration and may not report use tax on their income tax return:
- Businesses that have, or are required to hold, a California seller's permit.
- Businesses that make more than $10,000 in purchases subject to use tax (excluding vehicles, vessels, and aircraft) per calendar year and have not paid use tax on those purchases to a retailer engaged in business in California or to a retailer authorized by the California
Department of Tax and Fee Administration to collect the tax.
- Businesses that are otherwise registered or required to be registered with the California Department of Tax and Fee Adminstration to report use tax.
A partnership that is not required to report purchases subject to use tax directly to the California Department of Tax and Fee Adminstration may, with some exceptions, report use tax on its Partnership Return of Income. To report use tax on the tax return, complete the Use Tax
Worksheet on this page.
Note: A partnership may not report use tax on its income tax return for certain types of transactions. These types of purchases are listed in the instructions for completing Worksheet, Line 1.
Page 14 Form 565 Booklet 2024
If the partnership owes use tax but does not report it on the income tax return, the partnership must report and pay the tax to the California
Department of Tax and Fee Administration. For information on how to report use tax directly to the California Department of Tax and Fee
Administration, go to their website at cdtfa.ca.gov and type "Find
Information About Use Tax" in the search bar.
Failure to timely report and pay the use tax due may result in the assessment of interest, penalties, and fees.
Use Tax Worksheet
Round all amounts to the nearest whole dollar. _.00 .00 _.00
- - __.00
- Enter purchases from out-of-state sellers made without payment of California sales/use tax.
See worksheet instructions $
- Enter the applicable sales and use tax rate.
See worksheet instructions
- Multiply line 1 by the tax rate on line 2.
Enter result here $
- Enter any sales or use tax paid to another state for purchases included on line 1. See worksheet instructions $
- Total Use Tax Due. Subtract line 4 from line 3.
Enter the amount here and on line 32. If the amount is less than zero, enter 0 $
Worksheet, Line 1, Purchases Subject to Use Tax
Report purchases of items that would have been subject to sales tax if purchased from a California retailer unless your receipt shows that
California tax was paid directly to the retailer. For example, generally, purchases of clothing would be included, but not exempt purchases of food products or prescription medicine. For more information on nontaxable and exempt purchases, visit the California Department of Tax and Fee Administration's website at cdtfa.ca.gov.
- Include handling charges.
- Do not include any other state's sales or use tax paid on the purchases.
- Enter only purchases made during the year that correspond with the tax return the partnership is filing.
Note: Do not report the following types of purchases on the partnership's income tax return:
- Vehicles, vessels, and trailers that must be registered with the
Department of Motor Vehicles.
- Mobile homes or commercial coaches that must be registered annually as required by the Health and Safety Code.
- Vessels documented with the U.S. Coast Guard.
- Aircraft.
- Rental receipts from leasing machinery, equipment, vehicles, and other tangible personal property to its customers.
- Cigarettes and tobacco products when the purchaser is registered with the California Department of Tax and Fee Adminstration as a cigarette and/or tobacco products consumer.
Worksheet, Line 2, Sales and Use Tax Rate
Enter the sales and use tax rate applicable to the place in California where the property is used, stored, or otherwise consumed. If the partnership does not know the applicable city or county sales and use tax rate, please go to the California Department of Tax and Fee
Administration's website at cdtfa.ca.gov and type "City and County
Sales and Use Tax Rates" in the search bar, or call their Customer
Service Center at 800.400.7115 (TTY:711) (for hearing and speech disabilities).
Worksheet, Line 4, Credit for Tax Paid to Another State
This is a credit for tax paid to other states on purchases reported on
Line 1. The partnership can claim a credit up to the amount of tax that would have been due if the purchase had been made in California. For example, if the partnership paid $8.00 sales tax to another state for a purchase, and would have paid $6.00 in California, the partnership can only claim a credit of $6.00 for that purchase.
Line 37 - Penalties and Interest
Enter penalties and interest. See General Information G, Penalties and
Interest.
Questions
Question J
Check only one box for this question. The partnership checks the box that best describes its business type. For definitions of general partnership, limited partnership, real estate mortgage investment conduit, and limited liability partnership, see General Information C,
Definitions, and the instructions for federal Form 1065.
Doing Business - A taxpayer is doing business if it actively engages in any transaction for the purpose of financial or pecuniary gain or profit in
California or if any of the following conditions are satisfied:
- The taxpayer is organized or commercially domiciled in California.
- The sales, as defined in R&TC Section 25120(e) or (f), of the taxpayer in California, including sales by the taxpayer's agents and independent contractors, exceed the lesser of $735,019 or 25% of the taxpayer's total sales.
- The real property and tangible personal property of the taxpayer in
California exceed the lesser of $73,502 or 25% of the taxpayer's total real property and tangible personal property.
- The amount paid in California by the taxpayer for compensation, as defined in R&TC Section 25120(c), exceeds the lesser of $73,502 or
25% of the total compensation paid by the taxpayer.
In determining the amount of the taxpayer's sales, property, and payroll for doing business purposes, include the taxpayer's pro-rata share of amounts from partnerships and S corporations. These amounts are reported on the partner's Schedule K-1 on Table 2, Part C.
For more information, see R&TC Section 23101 or go to ftb.ca.gov and search for doing business.
Line Item 6 of Question J is for other types of entities not previously mentioned on line 1 through line 5. If your entity is not a general partnership, LP ,
REMIC, or LLP , then check the box for line item 6 only.
In the space provided, write in the type of entity.
Item K - Principal Business Activity Code (PBA)
California uses the six-digit PBA code from the Principal Business
Activity Codes chart included in this booklet.
For example, if, as its principal business activity, the partnership (a) purchases raw materials, (b) subcontracts out for labor to make a finished product from the raw materials, and (c) retains title to the goods, the partnership is considered to be a manufacturer and must enter
"Manufacturer" on the business activity line and on the principal business activity code line, one of the codes (311110 through 339900) listed under
"Manufacturing" on the list, Codes for Principal Business Activity.
Question L
Enter the maximum number of partners in the partnership during the taxable year. The number of Schedules K-1 (565) attached to Form 565 must equal the number of partners entered in Question L. Do not use abbreviations or terms such as "Various."
Question P
Check the "Yes" box if all of the following conditions are met: a) The partnership's total receipts for the taxable year were less than $250,000. b) The partnership's total assets at the end of the taxable year were less than $1 million. c) Schedules K-1 (Form 1065) are filed with the return and furnished to the partners on or before the due date (including extensions) for the partnership return.
If Question P is answered "Yes," the partnership is not required to complete Schedules L, M-1, M-2, or Item G on Side 1 of Form 565 or
Item J on Schedule K-1 (565).
Question U
California requires taxes to be withheld from certain payments or allocations of income and sent to the FTB (R&TC Sections 18662 and
Section 18666). If upon examination, the FTB determines that tax withholding was required, the partnership can be liable for the tax and penalties.
The reference to Forms 592, 592-A, 592-B, 592-F, and 592-PTE relates to withholding done by the partnership. If you need additional
Form 565 Booklet 2024 Page 15 information concerning partnership withholding, see General
Information K, Required Information Returns, and General Information
Q, Withholding Requirements.
Question V - Investment Partnership
An "investment partnership" is a partnership that meets the following two criteria:
- No less than 90% of the cost of the partnership's total assets consist of:
- Qualifying investment securities
- Deposits at banks or other financial institutions
- Office equipment and office space reasonably necessary to carry on the activities of an investment partnership
- No less than 90% of the partnership's gross income is from interest, dividends, and gains from the sale or exchange of qualifying investment securities defined in R&TC Sections 17955 and Section 23040.1.
Qualifying investment securities include all of the following:
- Common and preferred stock, as well as debt securities convertible into common stock.
- Bonds, debentures, and other debt securities.
- Foreign and domestic currency deposits or equivalent and securities convertible into foreign securities.
- Mortgage-backed or asset-backed securities secured by governmental agencies.
- Repurchase agreements and loan participations.
- Foreign currency exchange contracts and forward and futures contracts on foreign currencies.
- Stock and bond index securities and futures contracts, and other similar securities.
- Regulated futures contracts.
- Options to purchase or sell any of the preceding qualified investment securities, except regulated futures contracts.
Qualifying investment securities do not include an interest in a partnership, unless the partnership qualifies as an investment partnership. See R&TC Section 17955 and Section 23040.1 and General
Information O, Investment Partnerships, for more information.
Question X
Federal Form 8886, Reportable Transaction Disclosure Statement, must be attached to any return on which the partnership has claimed or reported income from, or a deduction, loss, credit or other tax benefit attributable to, participation in a reportable transaction. If the partnership is required to file this form with the federal return, attach a copy to the partnership's
Form 565. Do not attach copies of federal Schedules K-1 (1065).
A material advisor is required to provide a reportable transaction number to all taxpayers and material advisors for whom the material advisor acts as a material advisor.
A Reportable Transaction is any transaction as defined in R&TC
Section 18407 and Treas. Reg. 1.6011-4 and includes, but is not limited to:
- A Confidential Transaction, which is a transaction offered to a taxpayer under conditions of confidentiality and for which the taxpayer has paid a minimum fee.
- A transaction with contractual protections which is a transaction that provides the taxpayer with the right to a full or partial refund of fees if all or part of the intended tax consequences from the transaction are not sustained.
- A loss transaction under IRC Section 165, which is a transaction resulting in a loss of at least $10 million in any one-year or
$20 million in any combination of taxable years for a partnership that has only corporations as partners, (looking through partners that are themselves partnerships); or, $2 million in any one-year or $4 million in any combination of taxable years for all other partnerships.
- A transaction with a significant book-tax difference (entered into prior to August 3, 2007). Beginning January 6, 2006, this transaction was no longer required to be disclosed on federal Form 8886. See
IRS
Notice 2006-06.
- A transaction where the taxpayer is claiming a tax credit of greater than $250,000 and held the asset for less than 45 days (entered into prior to August 3, 2007).
- A transaction of interest, which is a transaction that is the same as or substantially similar to one of the types of transactions that has been identified by the
IRS as a transaction of interest (entered into on or after November 2, 2006).
- A Listed Transaction, which is a specific reportable transaction, or one that is substantially similar, that has been identified by the
IRS or the FTB as a tax avoidance transaction.
Question CC
Check the "Yes" or "No" box to indicate if the partnership is deferring any income from the disposition of assets. If "Yes," enter the four-digit year in which the assets were disposed (ex. 2024) on line CC (2). If there are multiple years, write "see attached" on the line and attach a schedule listing the years. This question is applicable if the partnership is deferring any income from a disposition of assets in the current taxable year or prior taxable years.
Question DD
Check the box for the type(s) of previously deferred income the partnership is reporting. If there are multiple sources of income, check the box for the appropriate items and attach a schedule listing the income type and year of disposition. If the partnership is reporting
"Other" types of previously deferred income, check the box for "Other" and attach a schedule listing the income type and year of disposition.
This question is applicable if the partnership is reporting previously deferred income in the current taxable year or prior taxable years.
Question EE
Partnerships doing business under a name other than that entered on Side 1 of Form 565 must enter the doing business as (
DBA) name in Question EE. If the partnership is doing business under multiple
DBA's attach a schedule listing all DBA's. Leave Question EE blank if the partnership is not using DBA's to conduct business.
Question FF
Check the "Yes" or "No" box to indicate if the partnership operated as another entity type such as a Corporation, S Corporation, General
Partnership, Limited Partnership, LLC, or Sole Proprietorship in the previous five (5) years. If "Yes," enter prior
FEIN(s) if different, business name(s), and entity type(s) for prior returns filed with the FTB and/or IRS on line FF (2).
If there are multiple entries, write "see attached" on the line and attach a schedule listing the prior
FEINs, business names, and entity types.
Question GG
Check "Yes" or "No" if the partnership previously operated outside
California. Check "Yes" or "No" if this is the partnership's first year of doing business in California.
Question JJ - Check the applicable box if activities were aggregated for at-risk purposes or grouped for passive activity purposes. Get the instructions for federal Form 1065, under At-Risk Limitations and
Grouping Activities, for more information.
Question KK - Do Not Round Cents to Dollars
On line (3), do not round cents to the nearest whole dollar. Enter the amounts with dollars and cents as actually remitted.
Schedule K (565) and Schedule K-1 (565) —
Partner's Shares of Income, Deductions, Credits, etc.
Purpose of Schedules
Schedule K (565) is a summary schedule for the partnership's income, deductions, credits, etc., and Schedule K-1 (565) shows each partner's distributive share. The line items for both of these schedules are the same unless otherwise noted.
One copy of each Schedule K-1 (565) must be attached to Form 565 when it is filed with the FTB. For alternative methods of filing
Schedules K-1 (565), see General Information S, Substitute Schedules.
Be sure to give each partner a copy of their respective
Schedule K-1 (565). Also include a copy of the Partner's Instructions for
Schedule K-1 (565) or specific instructions for each item reported on the partner's Schedule K-1 (565). These items should be provided to the partner on or before the due date of the Form 565.
Page 16 Form 565 Booklet 2024
See the Schedule K Federal/State Line References chart, in this booklet, and the instructions for Schedule K (565) and Schedule K-1 (565), when completing California Schedule K (565) and Schedule K-1 (565).
Other Loan Forgiveness
Under federal law, the CAA, 2021 allows deductions for eligible expenses paid for with covered loan amounts. California law conforms to this federal provision, with modifications. For California purposes, if you are an ineligible entity and deducted eligible expenses for federal purposes, enter the total amount of those expenses deducted on the applicable line(s) as a column (c) adjustment.
Paycheck Protection Program Loans Forgiveness
Under federal law, the CAA, 2021 allows deductions for eligible expenses paid for with covered loan amounts. California law conforms to this federal provision with modifications. For California purposes, if you are an ineligible entity and deducted eligible expenses for federal purposes, enter that amount on the applicable line(s) as a column (c) adjustment.
Also, the ARPA expands PPP eligibility to include "additional covered nonprofit entities" which includes certain Code 501(c) nonprofit organizations and Internet-only news publishers and Internet-only periodical publishers. California law does not conform to this expansion of PPP eligibility. If you met the PPP eligibility requirements and excluded the amount from gross income for federal purposes, enter that amount on the applicable line(s) as a column (c) adjustment.
Shuttered Venue Operator Grant
Under federal law, the CAA, 2021 allows deductions for eligible expenses paid for with grant amounts. California law conforms to this federal provision, with modifications. For California purposes, if you are an ineligible entity and deducted eligible expenses for federal purposes, enter the total amount of those expenses deducted on the applicable line(s) as a column (c) adjustment.
Special Reporting for R&TC Section 41
Beginning in taxable year 2020, partners, members, shareholders, or beneficiaries of pass-through entities conducting a commercial cannabis activity licensed under the California Medicinal and Adult-Use Cannabis
Regulation and Safety Act (
MAUCRSA) should file form FTB 4197,
Information on Tax Expenditure Items. The FTB uses information from form FTB 4197 for reports required by the California Legislature.
If the partnership conducted a commercial cannabis activity licensed under the California
MAUCRSA, or received flow- through income from another pass-through entity in that business, attach a schedule to the
Schedule K-1 (565) showing the breakdown of the following information:
- The partner's share of total deductions related to the cannabis business, including deductions from Ordinary Income.
- The partner's share of total credits related to the cannabis business.
Get form FTB 4197 for more information.
Schedule K (565) Only
In column (b), enter the amounts from federal Schedule K (1065). In column (c), enter the adjustments resulting from differences between
California and federal law (not adjustments relating to California source income). In column (d) on Schedule K (565), enter the worldwide income computed under California law. For partners to comply with the requirements of
IRC Section 469, trade or business activity income
(loss), rental activity income (loss), and portfolio income (loss) must be considered separately by the partners. Rental activity income (loss) and portfolio income (loss) are not reported on Form 565, Side 1 so that these amounts are not combined with trade or business activity income
(loss). Schedule K (565) is used to report the totals of these (and other) amounts.
Apportioning Partnerships Only
Once the Schedule K (565) has been completed, apportioning partnerships should also complete Schedule R before completing its partners' Schedules K-1 (565).
Compliance with Partnership Filing Requirements
To help ensure the accurate and timely processing of the partnership's
Form 565, verify the following:
- A California approved Schedule K-1 (565) has been attached to
Form 565 for each partner identified on Form 565, Side 2, Question
L. Partnerships eligible for the reduced filing program, see General
Information D, Who Must File.
- The Schedule K-1 (565) contains the partner's correct name, address, and identifying number in the correct fields.
- Questions A through L of Schedule K-1 (565) are completed.
- The appropriate entity type box (Schedule K-1 (565), Side 1,
Question B) is checked for each partner.
- All Schedules K-1 (565) reconcile to Form 565, Schedule K (565).
- The partner's percentage (Schedule K-1 (565) Question D) is expressed in decimal format and carried to four decimal places
(i.e., 33.5432). Do not print fractions, the percentage symbol (%), or use terms such as "Various" or "Formula."
- Substitute computer-generated Schedule K-1 (565) forms must be approved by the FTB.
Schedule K-1 (565) Only
The partnership completes the entire Schedule K-1 (565) filling out the partner's and partnership's information (name, address, identifying numbers), Questions A through L and the partner's distributive share of items.
For partners with Private Mail Box (PMB) addresses, include the designation number in the partner's address area. Precede the number
(or letter) with "PMB."
For each individual partner, enter the partner's social security number.
For all other partners enter the
FEIN. However, if a partner is an individual retirement account (IRA), enter the identifying number of the custodian of the IRA. Do not enter the social security number of the person for whom the IRA is maintained.
The partnership files one California Schedule K-1 (565) for each partner by attaching a copy to the partnership return. Do not attach federal
Schedules K-1 (1065). These forms are not California approved forms.
Determining the Source of the Partnership's Income for a Resident
Partner
A resident partner should include the entire distributive share of partnership income in their California income. If the partnership is apportioning, the partner may be entitled to a credit for taxes paid to other states. The partner should be referred to the California Schedule S,
Other State Tax Credit, for more information.
Determining the Source of the Partnership's Income for a
Nonresident Partner
Business income: Regardless of the classification of income for federal purposes, income from California sources is determined in accordance with California law, (Cal. Code Regs., tit. 18 section 17951-4).
The California source income from a trade or business of a Nonresident
Partner is determined as follows:
If the partnership conducts Then
A trade or business wholly within
California
The income from that trade or business is California source income
A business within and outside
California, but the part within
California is so distinct that it can be separately accounted for
Only that separate income within
California is California source income
A single trade or business within and outside California
California source income is determined by apportionment
The partnership should apportion business income using the Uniform
Division of Income for Tax Purposes Act (R&TC Section 25120 through
Section 25139). Special rules apply if the partnership has nonbusiness income.
Nonbusiness Income: Nonbusiness income attributable to real or tangible personal property (such as rents, royalties, gains, or losses) located in California is California source income (Cal. Code Regs., tit. 18 section 17951-3 and R&TC Section 25124 and Section 25125). Enter this information on the appropriate line of Schedule K-1 (565). If the partnership believes it may have a unitary partner, the information should also be entered on Side 4, Table 2, Part B, for that partner.
The source of nonbusiness income attributable to intangible property depends upon the partner's state of residence or commercial domicile.
Form 565 Booklet 2024 Page 17
Individuals generally source this income to their state of residence and corporations to their commercial domicile.
Because the determination of the source of intangible nonbusiness income must be made at the partner level, this income is not entered on
Schedule K-1 (565), column (e). It is entered only on Side 4, Table 1.
Completing Schedule K-1 (565)
Questions A through L
See the instructions for federal Form 1065, Specific Instructions,
Schedule K-1 Only, Part II, Information About the Partner, for more information on completing Question A through Question L.
Questions A and B, Schedule K-1 (565)
Check the appropriate box to indicate a general or limited partner and the partner's entity type. An exempt organization should check box 10 regardless of its legal form.
If the partner is a Disregarded Entity (DE) check the DE box and enter the DE owner's name and TIN.
Question C, Schedule K-1 (565)
Check the appropriate box to indicate if this is a foreign partner.
Questions D and E, Schedule K-1 (565)
Percentages must be four to seven characters in length and have a decimal point before the four final characters. For example, 50% is represented as 50.0000, 5% as 5.0000, 100% as 100.0000. Do not enter fractions, the percentage symbol (%), or use terms such as "Various" or "Formula."
For more information on completing Questions D and E, get the instructions for federal Form 1065, Specific Instructions, Schedule K-1
Only, Part
II, Information About the Partner.
Question F, Schedule K-1 (565)
Enter the reportable transaction or tax shelter registration number(s), if applicable. See instructions for Form 565 Question X for more information.
Question G(1), Schedule K-1 (565)
If the "Yes" box is checked on Form 565, Question S, then check the box for Question G(1) on Schedule K-1 (565).
Question G(2), Schedule K-1 (565)
If the "Yes" box is checked on Form 565, Question V, then check the box for Question G(2) on Schedule K-1 (565).
Question H(1), Schedule K-1 (565)
If the partnership is filing a final year tax return, check the "Final Return" box on Form 565, Side 1, Item H(2), and check the "A final Schedule K-1
(565)" box for Item H(1) on Schedule K-1 (565). Attach a statement that explains the reason for the termination, or liquidation of the partnership.
Question J, Schedule K-1 (565)
Check the appropriate box to indicate whether the partner contributed property with a built-in gain or loss during the tax year. If the "Yes" box is checked, attach a statement that contains the following information.
For more information, get the Instructions for federal Form 1065.
Question K, Schedule K-1 (565)
The partnership should report the partner's share of net unrecognized section 704(c) gains or losses, both at the beginning and at the end of the partnership's tax year. For more information, get the Instructions for federal Form 1065.
Question L, Schedule K-1 (565)
Beginning in taxable year 2021, all partnerships must report partners' capital accounts according to the tax basis method using California amounts on California Schedule K-1 (565). Current year net income/loss and other increases/decreases are now separately reported in columns
(c) and (d), respectively. For more information on partner tax basis capital account reporting, get the Instructions for the federal Form 1065,
Specific Instructions, Schedule K and Schedule K-1, Part
II Information about the Partner, Item L.
Completing Partner's Distributive Share, Column (b) through Column (e)
- In column (b), enter the amounts from federal Schedule K-1 (1065).
- In column (c), enter the adjustments resulting from differences between California and federal law for each specific line item.
- In column (d), enter the result of combining column (b) and column (c). This is total income under California law.
Column (e) is used to report California source or apportioned amounts and credits. Include the following items in this column:
For Individuals:
- Income from separate businesses, trades, or professions conducted wholly within California, Cal. Code Regs., tit. 18 section 17951-4(a).
- Income from a trade or business conducted within and outside
California, when the part of business conducted within California is separate and distinct from the part outside California and can be separately accounted for, Cal. Code Regs., tit. 18 section 17951-4(b).
- Nonbusiness income from real and tangible property located in
California. Enter the partner's share of nonbusiness income from real and tangible property located in California in column (e).
- Income from a trade or business conducted within and outside
California. Enter the amount of business income apportioned to
California according to Schedule R. This includes intangible income attributable to the business, trade, or profession, Cal. Code Regs., tit. 18 section 17951-4(d) and R&TC Sections 25128 through 25137.
Business income of an apportioning trade or business, other than an apportioning trade or business described in R&TC Section 25128(b), is apportioned to this state by multiplying the business income by the sales factor. Apportioning partnerships should complete Schedule R and attach it to Form 565.
- California credits.
For Corporations and Other Business Entities:
- Income from a trade or business conducted within and outside
California. See #4 under For Individuals.
- Nonbusiness income from real and tangible property located in
California. Enter the partner's share of nonbusiness income from real and tangible property located in California in column (e). If the partnership believes it may have a unitary partner, enter this income in Table 2, Part B.
- California credits.
For all partners, nonbusiness income from intangible property should not be entered in column (e). Enter this income in Table 1. For more information, see Partner's Instructions for Schedule K-1 (565).
Column (d) and Column (e)
Schedule K-1 (565), column (d), includes the partner's distributive share of total partnership income, deductions, gains, or losses under
California law. Column (e) includes only income, deductions, gains, or losses that are apportioned or sourced to California. The computation of these amounts is a matter of law and regulation. The residency of the partner is not a factor in the computation of amounts to be included in column (d) and column (e).
For a partnership that is doing business wholly within California, column (e) will generally be the same as column (d), except for nonbusiness intangible income (for example, nonbusiness interest, dividends, gains, or losses from sales of securities).
For a partnership that is doing business within and outside California, the amounts in column (d) and column (e) may be different.
If the partnership knows the partner is a resident individual, then the partnership answers "Yes" to Question I on Schedule K-1 (565), and completes column (d) only. Otherwise, the partnership should complete column (e) for all other partners.
Completing Table 1
Complete Table 1 only if the partnership has nonbusiness intangible income. If the partnership has nonbusiness intangible income, but knows that the partner is a resident individual, then the partnership does not need to complete Table 1 for the partner.
Completing Table 2
The partnership will complete Table 2, Parts A to C for unitary partners and Table 2 Part C for all non-unitary partners. Table 2 does not need to be completed for non-unitary individuals.
The Partnership will complete Table 2, Part C to report the partner's distributive share of property, payroll and sales Total within California.
The partners will use Table 2, Part C to determine if they meet threshold amounts of California property, payroll, and sales for the doing business threshold in California. For more information about doing business, see
General Information A, Important Information.
Page 18 Form 565 Booklet 2024
Special Rules for Partners and Partnerships in a Single Unitary Business
Special rules apply if the partnership and a partner are engaged in a single unitary business. In that case, a unitary partner will not use the income information shown in column (e). Instead, the partner's distributive share of business income is combined with the partner's own business income. The combined business income is apportioned using an apportionment formula that consists of an aggregate of the partner's share of the apportionment factors from the partnership and the partner's apportionment factors, Cal. Code Regs., tit. 18 section 25137-1. The determination of whether a single sales factor or a three-factor apportionment formula applies to the combined income will be made at the partner level. The partner's distributive share of business income and property, payroll, and sales factors are entered in Table 2.
If the partnership knows that all of the partners are unitary with the partnership, the partnership need not complete column (e) for any of the
Schedules K-1 (565) or attach a Schedule R. For further information, see
Partner's Instructions for Schedule K-1 (565).
Special Rules for Partners and Partnerships in a Non-Unitary Business
If the apportioning trade or business conducted by a partner is not unitary with the apportioning trade or business of the partnership, the partnership apportions its business income separately using
Schedules R-1, R-2, R-3, and R-4 only. The different items of business income as apportioned to California are entered in column (e).
Special Reporting Requirements for Passive Activities
If items of income (loss), deduction, or credit from more than one activity are reported on Schedule K-1 (565), the partnership must attach a statement to Schedule K-1 (565) for each activity that is a passive activity to the partner. Rental activities are passive activities to all partners; trade or business activities are passive activities to limited partners and to general partners who do not materially participate in the activity. The statement must include all the information explained in the instructions for federal Schedule K-1 (1065).
Completing Table 3
Complete Table 3 for partners that are partnerships or LLCs. Enter only amounts used to determine income (loss) derived from and attributable to California sources.
Include the partner's distributive share of the cost of goods sold and deductions, as adjusted for California law, from any ordinary income
(loss) of your trade or business. These amounts are on Side 1 of
Form 565. The California law adjustments are on Schedule K (565), line 1, column (c). Also, enter the partner's distributive share of total gross rents from property located in California from federal Form 8825. Even if your pass-through entity partners are not LLCs, you must enter this information. LLCs in tiered entity structures that include your partnership's activities may use this information to complete Schedule IW, Limited
Liability Company (LLC) Income Worksheet, and determine the LLC fee.
If your partnership owns pass-through entities and received
Schedule K-1 (565), Table 3 information, multiply these amounts by the partner's distributive share percentage and combine the results with the amounts from your return as determined above.
Specific Line Instructions
The California Schedule K (565) generally follows the federal
Schedule K (1065). Where California and federal laws are the same, the instructions for California Schedule K (565) refer to the instructions for federal Schedule K (1065).
When completing the California Schedule K (565) and Schedule K-1
(565), refer to the Schedule K Federal/State Line References chart
(included in this booklet).
Income
Line 1 through Line 11c
See the instructions for federal Form 1065, Specific Instructions
Schedules K and K-1, and Schedule K-1 (565) Income (Loss), line 1 through line 11.
Schedule K (565) must include all income and losses from the partnership activities as determined under California laws and regulations. Any differences reported between the federal and California amounts should be related to differences in the tax laws. Do not apply the apportionment formula to the income or losses on Schedule K (565).
California Venues Grant. For taxable years beginning on or after
September 1, 2020 and before January 1, 2030, California law allows an exclusion from gross income for grant allocations received by a taxpayer pursuant to the California Venues Grant Program that is administered by
CalOSBA. Federal law has no similar exclusion. Enter the amount of this type of income on line 11b, column (c).
California Microbusiness COVID-19 Relief Grant. California law allows an exclusion from gross income for grant allocations received by a taxpayer pursuant to the California Microbusiness COVID-19 Relief Program that is administered by the CalOSBA. Federal law has no similar exclusion. Enter the amount of this type of income on line 11b, column (c).
Qualified Opportunity Zone Funds. The TCJA established Opportunity
Zones. IRC Sections 1400Z-1 and 1400Z-2 provide a temporary deferral of inclusion of gross income for capital gains reinvested in a qualified opportunity fund, and exclude capital gains from the sale or exchange of an investment in such funds. California does not conform to the deferral and exclusion of capital gains reinvested or invested in federal opportunity zone funds under
IRC Sections 1400Z-1 and 1400Z-2, and has no similar provisions. If, for California purposes, gains from investment in qualified opportunity zone property had been included in income during previous taxable year, do not include the gain in the current year income.
Wildfire Mitigation Payment. California law allows a qualified taxpayer an exclusion from gross income for any amount received as a California qualified wildfire loss mitigation payment through the California Wildfire
Mitigation Financial Assistance Program. If any qualified amount was included for federal purposes, exclude that amount for California purposes on line 11b, column (c).
Kincade Wildfire Exclusion. California law allows a qualified taxpayer an exclusion from gross income for any qualified amount received in a settlement from PG&E Company or its subsidiary relating to the 2019
Kincade Fire. If any amount was included for federal purposes, exclude the amount for California purposes on line 11b, column (c).
Zogg Wildfire Exclusion. California law allows a qualified taxpayer an exclusion from gross income for any qualified amount received in a settlement from PG&E Company or its subsidiary relating to the 2020
Zogg Fire. If any amount was included for federal purposes, exclude the amount for California purposes on line 11b, column (c).
Thomas and Woolsey Wildfires Exclusion. California law allows a qualified taxpayer an exclusion from gross income for any amount received in settlement from Southern California Edison for claims relating to the 2017 Thomas Fire or the 2018 Woolsey Fire. If any amount was included for federal purposes, exclude that amount for
California purposes on line 11b, column (c).
Fire Victims Trust Exclusion. California law allows a qualified taxpayer an exclusion from gross income for any amount received from the Fire
Victims Trust. If any amount was included for federal purposes, exclude that amount for California purposes on line 11b, column (c).
Turf replacement water conservation program. California law allows an exclusion from gross income for any amount received as a rebate, voucher, or other financial incentive issued by a public water system, local government, or state agency for participation in a turf replacement water conservation program. If any amount was included for federal purposes, exclude that amount for California purposes on line 11b, column (c).
Small Business and Nonprofit COVID-19 Supplemental Paid Sick
Leave Relief Grant. California law allows an exclusion from gross income for grant allocations received by a taxpayer pursuant to the
California Small Business and Nonprofit COVID-19 Supplemental
Paid Sick Leave Relief Grant Program that is established by Section
12100.975 of the Government Code. If any amount was included for federal purposes, exclude that amount for California purposes on 11b, column (c).
Financial Incentive for Seismic Improvement. California law allows an income exclusion for loan forgiveness, grants, credits, rebates, vouchers, or other financial incentive issued by the California
Form 565 Booklet 2024 Page 19
Residential Mitigation Program or California Earthquake Authority to assist a residential property owner or occupant with expenses paid, or obligations incurred, for earthquake loss mitigation. If any amount was included for federal purposes, exclude that amount for California purposes on line 11b, column (c).
IRC Section 951A income. California does not conform to IRC
Section 951A. If, for federal purposes, global intangible low-taxed income (
GILTI) was included make an adjustment on line 11b, column (c).
Small Business COVID-19 Relief Grant Program. California allows an exclusion from gross income for grant allocations received by a taxpayer pursuant to the COVID-19 Relief Grant under Executive Order
No. E 20/21-182 and the California Small Business COVID-19 Relief
Grant Program established by Section 12100.83 of the Government
Code. If any amount was included for federal purposes, exclude that amount for California purposes.
Line 10 - Enter on line 10, the amount shown on Schedule D-1, Sales of Business Property, line 7. Do not include specially allocated ordinary gains and losses or net gains or losses from involuntary conversions due to casualties or thefts. Instead, report them on line 11b or line 11c.
If the partnership has more than one activity and the amount on line 10 is a passive activity amount to the partner, attach a statement to
Schedule K-1 (565) that identifies to which activity the
IRC Section 1231 gain (loss) relates.
Deductions
Line 12 through Line 13
See the instructions for federal Form 1065, Specific Instructions
Schedules K and K-1 and Schedule K-1 (565), Deductions, line 12, and line 13a through line 13f.
California follows the revised federal instructions for reporting the sale, exchange or disposition of property for which an IRC Section 179 expense deduction was claimed in prior years by a partnership.
Line 13a and Line 13b - Contributions
Enter on Line 13a and 13b the total amount of charitable cash contributions and charitable noncash contributions made by the partnership during its taxable year on Schedule K (565) and each partner's distributive share on Schedule K-1 (565). Attach an itemized list to both schedules showing the amount subject to the 50%, 30%, and
20% limitations.
For taxable years beginning after December 31, 2017, and before
January 1, 2026, the 50% limitation under
IRC Section 170(b) for cash contributions to public charities and certain private foundations is increased to 60% for federal purposes. California does not conform. The limitation for California is 50%.
Partners are allowed a deduction for contributions to qualified organizations as provided in
IRC Section 170. California law conforms to the federal law, relating to the denial of the deduction for lobbying activities, club dues, and employee remuneration in excess of one million dollars.
California conforms to IRC Section 170(f)(8) substantiation requirement for charitable contributions.
For taxable years beginning on or after January 1, 2017, and before
January 1, 2028, do not include any amounts taken into account for the
College Access Tax credit as a contribution deduction.
Line 13c - Investment Interest Expense
This line must be completed whether or not a partner is subject to the investment interest rules. Enter the interest paid or accrued to purchase or carry property held for investment. Property held for investment includes property that produces portfolio income (interest, dividends, annuities, royalties, etc.). Therefore, interest expense allocable to portfolio income should be reported on line 13c of Schedule K (565) and Schedule K-1 (565), rather than line 13e of Schedule K (565) and
Schedule K-1 (565).
Property held for investment includes a partner's interest in a trade or business activity that is not a passive activity to the partnership and in which the partner does not materially participate. An example would be a partner's working interest in an oil and gas property (i.e., the partner's interest is not limited) if the partner does not materially participate in the oil and gas activity. Investment interest does not include interest expense allocable to a passive activity. For more information, get form FTB 3526, Investment Interest Expense Deduction.
Line 14
The information reported on line 14 of the federal Schedule K (1065), and federal Schedule K-1(1065), does not apply to California and therefore there is no line 14.
Credits
California line numbers are different from federal line numbers in this section.
Line 15a - Total Withholding, Schedule K-1 (565) only
If taxes were withheld by the partnership or if there is a pass-through withholding credit from another entity, or backup withholding, the partnership must provide each affected partner (including California residents) a completed Form 592-B. Partners must attach Form 592-B to the front of their California return to claim withheld amounts.
Schedule K-1 (565) may not be used to claim this withholding credit.
Line 15b through Line 15d
These lines relate to rental activities. Use line 15f to report credits related to trade or business activities.
Line 15b - Low-Income Housing Credit
A credit may be claimed by owners of residential rental projects providing low-income housing (
IRC Section 42). Generally, the credit is effective for buildings placed in service after 1986. Get form FTB 3521,
Low-Income Housing Credit, for more information.
Line 15c - Credits Other Than Line 15b Related To Rental Real Estate
Activities
Report any information that the partners need to figure credits related to a rental real estate activity, other than the low-income housing credit.
Attach to each partner's Schedule K-1 (565) a statement showing the amount to be reported and the applicable form on which the amount should be reported.
Line 15d - Credits Related to Other Rental Activities
Use this line to report information that the partners need to figure credits related to a rental activity. Attach to each partner's Schedule K-1 (565) a statement showing the amount to be reported and the applicable form on which the amount should be reported.
Line 15e - Nonconsenting Nonresident Member's Tax Allocated to All
Partners
If income tax was paid by an LLC on behalf of a member that is a partnership because the general partner in the partnership did not sign form FTB 3832, Limited Liability Company Nonresident
Members' Consent, the amount paid is entered on the member's
Schedule K-1 (568), line 15e. This credit is allocated to all partners according to their partnership interest. Partners must attach a copy of the Schedule K-1 (568), previously issued to their partnership by the
LLC as well as the Schedule K-1 (565) issued by their partnership, to their California tax return to claim their share of the tax paid by the LLC on their partnership's behalf.
Line 15f - Other Credits
Attach a statement showing each partner's allocable share of any credit or credit information that is related to a trade or business activity.
Credits that can be reported on line 15f include:
- California Competes Tax Credit. Get form FTB 3531.
- California Motion Picture and Television Production. Get form FTB 3541.
- Cannabis Equity Tax Credit. Get form FTB 3821.
- College Access Tax Credit. Get form FTB 3592.
- Disabled Access Credit for Eligible Small Businesses. Get form FTB 3548.
- Donated Agricultural Products Transportation Credit. Get form FTB 3547.
- High-Road Cannabis Tax Credit. Get form FTB 3820.
- Homeless Hiring Credit. Get form FTB 3831.
- Natural Heritage Preservation Credit. Get form FTB 3503.
- New California Motion Picture and Television Production Credit. Get form FTB 3541.
- New Donated Fresh Fruits or Vegetables Credit. Get form FTB 3814.
Page 20 Form 565 Booklet 2024
- New Employment Credit. Get form FTB 3554.
- Pass-Through Entity Elective Tax Credit. The Pass-Through Entity
Elective Tax Credit is not a pass-through item but should still be reported on Schedule K-1 (565), line 15f and attached schedule. Get form FTB 3804-CR.
- Prison Inmate Labor Credit. Get form FTB 3507.
- Program 3.0 California Motion Picture and Television Production
Credit. Get form FTB 3541.
- Research Credit. Get form FTB 3523.
- Soundstage Filming Credit. Get form FTB 3541.
- State Historic Rehabilitation Credit. Get form FTB 3835.
All of the above credit forms are available at ftb.ca.gov/forms.
Line 15f may also include the distributive share of net income taxes paid to other states by the partnership. Subject to limitations of
R&TC Section 18001 and R&TC Section 18006, partners may claim a credit against their individual income tax for net income taxes paid by the partnership to another state. The amount of tax paid must be supported by a schedule of payments and evidence of tax liability by the partnership to the other states. Refer partners to the California
Schedule S for more information.
Line 16
The information reported on line 16 of the federal Schedule K (1065) and federal Schedule K-1(1065), Foreign Transactions, does not apply to
California and therefore there is no line 16.
Alternative Minimum Tax (AMT) Items
Line 17a through Line 17f
Enter each partner's distributive share of income and deductions that are adjustments and tax preference items. Get Schedule P (100, 100W,
540, 540NR, or 541), Alternative Minimum Tax and Credit Limitations, to determine amounts and for other information.
California law conforms to the existing federal law eliminating the deduction for contributions of appreciated property as an item of tax preference. As a result, taxpayers no longer need to include in their computation of Alternative Minimum Taxable Income the amount by which any allowable deduction for contributions of appreciated property exceeds the taxpayer's adjusted basis in the contributed property.
For additional information, see instructions for federal
Schedule K (1065), Alternative Minimum Tax (AMT) Items, line 17a through line 17f. For differences between federal and California law for
AMT, see R&TC Section 17062.
Tax-Exempt Income and Nondeductible Expenses
Line 18a through Line 18c - Tax-exempt Income and Nondeductible
Expenses
Enter on Schedule K (565) the amounts of tax-exempt interest income, other tax-exempt income, and nondeductible expenses from federal
Schedule K (1065) lines 18a, 18b, and 18c. Enter on Schedule K-1 (565) the amounts of tax-exempt income, other tax-exempt income, and nondeductible expenses, from federal Schedule K-1 (1065), box 18. The partnership should give each partner a description and the amount of the partner's share for each item applicable to California in this category.
Distributions
Line 19a and Line 19b - Distributions
Enter on Schedule K (565) the amounts of cash and marketable securities, and other property from federal Schedule K (1065), line 19a and line 19b. Enter on Schedule K-1 (565) the amounts of cash and marketable securities, and other property from federal
Schedule K-1 (1065), box 19.
Other Information
Line 20a and Line 20b - Investment Income and Investment Expenses
These lines must be completed whether or not a partner is subject to the investment interest rules.
Enter on line 20a only the investment income included on line 5, line 6, line 7, and line 11a of Schedule K (565) and Schedule K-1 (565).
Enter on line 20b only investment expenses included on line 13e of
Schedule K (565) and Schedule K-1 (565).
If items of investment income or expenses are included in the amounts that are required to be passed through separately to the partner on
Schedule K-1 (565), items other than the amounts included on line 5 through line 9, line 11a, and line 13e of Schedule K-1 (565), give each partner a statement identifying these amounts.
Investment income includes gross income from property held for investment, gain attributable to the disposition of property held for investment, and other amounts that are gross portfolio income.
Investment income and investment expenses generally do not include any income or expenses from a passive activity.
Property subject to a net lease is not treated as investment property because it is subject to the passive loss rules. Do not reduce investment income by losses from passive activities.
Investment expenses are deductible expenses (other than interest) directly connected with the production of investment income. Get the instructions for form FTB 3526 for more information.
Line 20c - Other Information
Enter the recaptured amount if the Partnership completed the credit recapture portion for any of the following forms:
- FTB 3835, State Historic Rehabilitation Tax Credit
- FTB 3531, California Competes Tax Credit -Enter only the recaptured amount used. Get the instructions for form FTB 3531, Part
III, Credit
Recapture, for more information.
- FTB 3554, New Employment Credit
See the instructions for the federal Schedule K (1065), line 20c, Other
Items and Amounts. For credit recaptures attach a schedule including credit recapture names and amounts.
The gain on property subject to the IRC Section 179 Recapture should be reported on the Schedule K as supplemental information as instructed on the federal Form 4797.
The partnership must provide all of the following information with respect to a disposition of business property if an
IRC Section 179 expense deduction was claimed in prior years: a. Description of the property. b. Date the property was acquired. c. Date the property was sold. d. Gross sales price. e. Cost or other basis plus expense of sale (not including the partnership's basis reduction in the property due to
IRC Section 179 expense deduction). f. Depreciation allowed or allowable (not including the IRC Section 179 expense deduction). g. Amount of IRC Section 179 expense deduction (if any) passed through to each partner for the property and the partnership's taxable year(s) in which the amount was passed through. h. An indication if the disposition is from a casualty or theft. i. If this is an installment sale, any information needed to complete form FTB 3805E.
Line 21 - More Than One At-Risk Activity, Schedule K-1 (565) only
If the partnership conducted more than one at-risk activity, the partnership is required to provide certain information separately for each at-risk activity to its partners. Get the Instructions for federal Form 1065,
Specific Instructions, Schedule K and Schedule K-1, Part
III, Line 22.
Line 22 - More Than One Passive Activity, Schedule K-1 (565) only
If the partnership conducted more than one activity (determined for purposes of the passive activity loss and credit limitations), the partnership is required to provide information separately for each activity to its partners. Get the Instructions for federal Form 1065, Specific
Instructions, Schedule K and Schedule K-1, Part
III, Line 23.
Supplemental Information
The partnership may need to report supplemental information that is not specifically requested on the Schedule K-1 (565) separately to each partner. If the partnership has supplemental information not included in lines 1 through 20b, write, "See attached" on line 20c, column (b) and column (d) and provide a schedule with the details.
Partners may need to obtain the amount of their proportionate interest of aggregate gross receipts, less returns and allowances, from the partnership.
The gain or loss on property subject to the IRC Section 179 Recapture should be reported on Schedule K-1 (565) as supplemental information as instructed on the federal Form 4797.
Form 565 Booklet 2024 Page 21
The partnership must provide all of the following information with respect to a disposition of business property if an IRC Section 179 expense deduction was claimed in prior years: a. Description of the property. b. Date the property was acquired. c. Date the property was sold. d. The partner's pro-rata share of the gross sales price. e. The partner's pro-rata share of the cost or other basis plus expense of sale (not including the entity's basis reduction in the property due to
IRC Section 179 expense deduction). f. The partner's pro-rata share of the depreciation allowed or allowable
(not including the
IRC Section 179 expense deduction). g. The partner's pro-rata share of the amount of IRC 179 expense deduction (if any) passed through to the partner for the property and the partnership's taxable year(s) in which the amount was passed through. h. An indication if the disposition is from a casualty or theft. i. If this is an installment sale, any information needed to complete form FTB 3805E. The partnership also must separately report the partner's pro-rata share of all payments in future taxable years.
(Installment payments received for installment sales made in prior taxable years should be reported in the same manner used in prior taxable years.)
Alternative minimum taxable income does not include income, positive and negative adjustments, and preference items attributed to any trade or business of a qualified taxpayer who has aggregate gross receipts, less returns and allowances, during the taxable year of less than
$1,000,000 from all trades or businesses in which the taxpayer is an owner or has an ownership interest. The partnership should provide the partner's proportionate interest of aggregate gross receipts on
Schedule K-1 (565), line 20c.
For purposes of R&TC Section 17062(b)(4), "aggregate gross receipts, less returns and allowances" means the sum of all of the following:
- The gross receipts of the trades or businesses which the taxpayer owns.
- The proportionate interest of the gross receipts of the trades or businesses which the taxpayer owns.
- The proportionate interest of the pass-through entity's gross receipts in which the taxpayer holds an interest.
"Aggregate gross receipts" means the sum of gross receipts from the production of business income, within the meaning of R&TC
Section 25120(a) and (c), and the gross receipts from the production of nonbusiness income as defined in R&TC Section 25120(d).
R&TC Section 25120 was amended to add the definition of gross receipts. For a complete definition of "gross receipts", refer to R&TC
Section 25120(f), or go to ftb.ca.gov and search for 25120.
For purposes of this section, "pass-through entity" means a partnership
(as defined by R&TC Section 17008), an S corporation, a regulated investment company (RIC), a real estate investment trust (REIT), and a
REMIC. See R&TC Section 17062 for more information.
Also show on line 20c a statement showing each of the following:
- Each partner's distributive share of business income apportioned to an
EZ, LAMBRA, MEA, or TTA.
- Each partner's distributive share of business capital gain or loss included in 1 above.
Analysis - Schedule K (565) Only
Line 21a through Line 21b(2)
For the instructions for line 21a through line 21b(2) of Schedule K (565), see the instructions for federal Schedule K (1065), Analysis of Net
Income (Loss).
Other Partner Information -
Schedule K-1 (565) Only
Table 1
Enter the partner's share of nonbusiness income from intangibles.
Because the source of this income must be determined at the partner level, do not enter income in this category in column (e). If the income
(loss) for an income item is a mixture of income (loss) in different subclasses (for example, short-term and long-term capital gain), attach a supplemental schedule providing a breakdown of income in each subclass.
Enter nonbusiness income from intangibles in Table 1 net of related expenses.
Table 2
The partnership will complete Table 2, Parts A to C for unitary partners and Table 2, Part C for all non-unitary partners. Table 2 does not need to be completed for non-unitary individuals.
The final determination of unity is made at the partner level. If the partnership and the partner are unitary, or if the partnership is uncertain as to whether it is unitary with the partner, it should furnish the information in Table 2.
Part A. Enter the partner's distributive share of the partnership's business income. The partner will then add that income to its own business income and apportion the combined business income.
Cal Code Regs., tit. 18 section 25120 defines "business income" as income arising from transactions and activity in the regular course of the taxpayer's trade or business and includes income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the taxpayer's regular trade or business operations. In essence, all income which arises from the conduct of trade or business operations of a taxpayer is business income.
Part B. Enter the partner's share of nonbusiness income from real and tangible property that is located in California. This income has a
California source, and should also be included on the appropriate line in column (e).
Nonbusiness income is all income other than business income.
Part C. Enter the partner's distributive share of the partnership's property, payroll, and sales factors.
The partnership will complete Table 2, Part C to report the partner's distributive share of property, payroll and sales Total within California.
The partners will use Table 2, Part C to determine if they meet threshold amounts of California property, payroll, and sales for the doing business threshold in California. For more information about doing business, see
General Information A, Important Information.
Table 3
Complete Table 3 for partners that are partnerships or LLCs. Enter only amounts used to determine income (loss) derived from and attributable to California sources.
Include the partner's distributive share of the cost of goods sold and deductions, as adjusted for California law, from any ordinary income
(loss) of your trade or business. These amounts are on Side 1 of
Form 565. The California law adjustments are on Schedule K (565), line 1, column (c). Also, enter the partner's distributive share of total gross rents from property located in California from federal Form 8825.
Even if your pass-through entity partners are not LLCs, you must enter this information. LLCs in tiered entity structures that include your partnership's activities may use this information to complete
Schedule IW and determine the LLC fee.
If your partnership owns pass-through entities and received
Schedule K-1 (565), Table 3 information, multiply these amounts by the partner's distributive share percentage and combine the results with the amounts from your return as determined above.
Schedule A — Cost of Goods Sold
California's reporting requirements are generally the same as the federal reporting requirements. Follow the instructions for federal Form 1125-A,
Cost of Goods Sold.
Schedule L - Balance Sheets
California's reporting requirements are the same as the federal reporting requirements. The amounts reported on the balance sheet should agree with the books and records of the partnership and should include all amounts whether or not subject to taxation. Attach a statement explaining any differences between federal and state amounts or any
Page 22 Form 565 Booklet 2024 differences between the balance sheet and the partnership's books and records. Follow the instructions for federal Form 1065, Schedule L.
Domestic partnerships with 10 or fewer partners may not have to complete Schedule L. See the instructions for Question P for the specific requirements to qualify for this exception.
Schedule M-1, Reconciliation of Income (Loss) per Books With Income (Loss) per Return, and Schedule M-2, Analysis of Partners'
Capital Accounts
Domestic partnerships with 10 or fewer partners may not have to complete Schedule M-1, Schedule M-2, or Item L on
Schedule K-1 (565). See the instructions for Question P for the specific requirements to qualify for this exception.
If the partnership is required to complete Schedule M-1 and
Schedule M-2, the amounts shown should agree with the partnership's books and records and the balance sheet amounts. Attach a statement explaining any differences.
Use worldwide amounts determined under California law when completing Schedule M-1. Also, the amounts on Schedule M-2 should equal the total of the amounts reported in Item L, columns (c), (d), and
(e), of all the partners' Schedules K-1 (565). If the sum of all members' schedules K-1 do not equal the corresponding M-2 lines attach a statement explaining the difference.
Net Income (Loss) Reconciliation for Certain Partnerships. For taxable years beginning on or after January 1, 2014, the IRS allows partnerships with at least $10 million but less than $50 million in total assets at tax year end to file Schedule M-1 (Form 1065) in place of Schedule M-3
(Form 1065), Parts
II and III. However, Schedule M-3 (Form 1065),
Part I, is required for these partnerships. For California purposes, the partnership must complete the California Schedule M-1, and attach either of the following:
- A copy of the federal Schedule M-3 (Form 1065) and related attachments to the California Partnership Return of Income.
- A complete copy of the federal return.
The FTB will accept the federal Schedule M-3 (Form 1065) in a spreadsheet format if more convenient.
Form 565 Booklet 2024 Page 23
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Page 24 Form 565 Booklet 2024
Schedule K Federal/State Line References
The following chart cross-references the line items on the federal Schedule K (1065) to the appropriate line items on the California Schedule K (565).
For more information, see the Specific Line Instructions for Schedule K (565) included in this booklet, and get Schedule K-1 (
565), Partner's Share of
Income, Deductions, Credits, etc.
Federal Schedule K (1065) CA Schedule K (565)
Line Items Line Items
1 Ordinary business income (loss) 1 Ordinary income (loss) from trade or business activities
2 Net rental real estate income (loss) 2 Net income (loss) from rental real estate activities
3a Other gross rental income (loss) 3a Gross income (loss) from other rental activities
3b Expenses from other rental activities 3b Less expenses
3c Other net rental income (loss) 3c Net income (loss) from other rental activities
4a Guaranteed payments for services 4a Guaranteed payments - Services
4b Guaranteed payments for capital 4b Guaranteed payments - Capital
4c Total guaranteed payments 4c Guaranteed payments - Total
5 Interest income 5 Interest income
6a Ordinary dividends 6 Dividends
6b Qualified dividends - Included in line 6 above
6c Dividend equivalents - Not applicable
7 Royalties 7 Royalties
8 Net short-term capital gain (loss) 8 Net short-term capital gain (loss)
9a Net long-term capital gain (loss) 9 Net long-term capital gain (loss)
9b Collectibles 28% gain (loss) - Included in line 8 and line 9 above, as applicable
9c Unrecaptured section 1250 gain - Included in line 8 and line 9 above, as applicable
10 Net section 1231 gain (loss) 10a Total gain under IRC Section 1231 (other than due to casualty or theft)
- Included in line 10 above 10b Total loss under IRC Section 1231 (other than due to casualty or theft)
- Included in line 11 below 11a Other portfolio income (loss)
11 Other income (loss) 11b Total other income
- Included in line 11 above 11c Total other loss
12 Section 179 deduction 12 Expense deduction for recovery property (IRC Section 179)
13a Cash contributions 13a Cash contributions
13b Noncash contributions 13b Noncash contributions
13c Investment interest expense 13c Investment interest expense
13d Section 59(e)(2) expenditures:
(1) Type
(2) Amount
Included in line 13e below
13d 1. Total expenditures to which IRC Section 59(e) election may apply
- Type of expenditures
13e Other deductions
13e Deductions related to portfolio income
13f Other deductions
14a-c Self-employment - Not applicable
15a Low-income housing credit (section 42(j)(5)) 15a Withholding on partnership allocated to all partners
15b Low-income housing credit (other) 15b Low-income housing credit
15c Qualified rehabilitation expenditures (rental real estate) 15c Credits other than the credit shown on line 15b related to rental real estate activities
15d Other rental real estate credits 15d Credit(s) related to other rental activities
15e Other rental credits 15e Nonconsenting nonresident members' tax allocated to all partners
15f Other credits 15f Other credits
16 International Transactions - Not applicable
17a Post-1986 depreciation adjustment 17a Depreciation adjustment on property placed in service after 1986
17b Adjusted gain or loss 17b Adjusted gain or loss
17c Depletion (other than oil and gas) 17c Depletion (other than oil and gas)
17d Oil, gas, and geothermal properties - gross income 17d Gross income from oil, gas, and geothermal properties
17e Oil, gas, and geothermal properties - deductions 17e Deductions allocable to oil, gas, and geothermal properties
17f Other AMT items 17f Other alternative minimum tax items
18a Tax-exempt interest income 18a Tax-exempt interest income
18b Other tax-exempt income 18b Other tax-exempt income
18c Nondeductible expenses 18c Nondeductible expenses
19a Distributions of cash and marketable securities 19a Distributions of money (cash and marketable securities)
19b Distributions of other property 19b Distributions of property other than money
20a Investment income 20a Investment income
20b Investment expenses 20b Investment expenses
20c Other items and amounts 20c Other information
21 Total foreign taxes paid or accrued - Not applicable
TAXABLE YEAR
2024 Partnership Return of Income
CALIFORNIA FORM
For calendar year 2024 or fiscal year beginning
(m m / d d / y y y y) and ending
(m m / d d / y y y y) .
RP
•Partnership name (type or print) Check box if name changed A FEIN
•
Additional information B California Secretary of State (SOS) file number
•
Street address (suite, room, PO box) PMB no.
City (If the partnership has a foreign address, see instructions.) State ZIP code
Foreign country name Foreign province/state/county Foreign postal code
E Check accounting method
- (1) • Cash (2) • Accrual (3) • Other (attach explanation)
F Date business started in CA
(m m / d d / y y y y)
G Enter total assets at end of year. See instructions.
- • $
H Check the applicable box
- (1) • Initial return (2) • FINAL RETURN (3) • Amended return (4) • Protective claim
I (1) During this taxable year, did this partnership acquire control or majority ownership (more than a 50% interest) in another legal entity?
If yes, did the acquired entity(ies) own California real property (i.e., land, buildings), lease such property for a term of 35 years or more, or lease such property from a government agency for any term?
If yes to both questions, answer yes. • • Yes • No
(2) During this taxable year, did another person or legal entity acquire control or majority ownership (more than a 50% interest) of this partnership or any legal entity in which the partnership holds a controlling or majority interest?
If yes, did the acquired entity(-ies) own California real property (i.e., land, buildings), lease such property for a term of 35 years or more, or lease such property from a government agency for any term? If yes to both questions, answer yes. . . . • • Yes • No
(3) Has California real property (i.e., land, buildings) transferred to the partnership that was excluded from property tax reassessment under Revenue and Taxation Code Section 62(a)(2)?
If yes, during this taxable year, has more than 50% of the partnership's ownership interests cumulatively transferred in one or more transactions and it was not reported on a previous year's tax return? If yes to both questions, answer yes.
- . . . • Yes • No
(Yes requires filing of BOE-100-B statement, penalties may apply - see instructions.)
Caution: Include only trade or business income and expenses on line 1a through line 22. See the instructions for more information. Income
1 a Gross receipts or sales $ b Less returns and allowances $ __ c Balance
2 Cost of goods sold (Schedule A, line 8)
3 GROSS PROFIT. Subtract line 2 from line 1c
4 Total ordinary income from other partnerships and fiduciaries. Attach schedule
5 Total ordinary loss from other partnerships and fiduciaries. Attach schedule
6 Total farm profit. Attach federal Schedule F (Form 1040)
7 Total farm loss. Attach federal Schedule F (Form 1040)
8 Total gains included on Schedule D-1, Part II, line 17 (gain only)
9 Total losses included on Schedule D-1, Part II, line 17 (loss only)
10 Other income. Attach schedule
11 Other loss. Attach schedule
12 Total income (loss). Combine line 3 through line 11
__ • • • • • • • • • • •
1c 00
2 00
3 00
4 00
5 00
6 00
7 00
8 00
9 00
10 00
11 00
12 00
3661243 Form 565 2024 Side 1
Deductions
Enclose, but do not staple, any payment
13 Salaries and wages (other than to partners)
14 Guaranteed payments to partners
15 Bad debts
16 Deductible interest expense not claimed elsewhere on return
17 a Depreciation and amortization. Attach form FTB 3885P $ b Less depreciation reported on Schedule A and elsewhere on return $ c Balance
18 Depletion. Do not deduct oil and gas depletion
19 Retirement plans, etc.
20 Employee benefit programs
21 Other deductions. Attach schedule
22 Total deductions. Add line 13 through line 21
23 Ordinary income (loss) from trade or business activities. Subtract line 22 from line 12
Payments
24 Tax — $800.00 (LPs, LLPs, and REMICs only). See instructions .
25 Pass-through entity elective tax. See instructions.
26 Partnership level tax. If IRS concluded a centralized audit for this year, see instructions. If not, leave blank .
27 Total tax. Add line 24, line 25 and line 26.
28 Withholding (Form 592-B and/or 593)
29 Amount paid with extension of time to file return (form FTB 3538)
30 Amounts paid for pass-through entity elective tax
31 Total payments. Add line 28, line 29, and line 30 • 24 00 • 25 00 .. • 26 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 27 00 • 28 00 • 29 00 • 30 00 • 31 00
Amount Due or Refund
32 Use tax. This is not a total line. See instructions .
33 Payments balance. If line 31 is more than line 32, subtract line 32 from line 31
34 Use tax balance. If line 32 is more than line 31, subtract line 31 from line 32
35 Tax due. If line 27 is more than line 33, subtract line 33 from line 27
36 Refund. If line 33 is more than line 27, subtract line 27 from line 33
37 Penalties and interest. See instructions
38 Total amount due. Add line 34, line 35, and line 37.
Make the check or money order payable to the Franchise Tax Board • 32 00 • 33 00 • 34 00 • 35 00 • 36 • 37 00 • 38 13 00 14 00 • 15 00 16 00
__ • 17c 00 18 00 19 00 20 00 • 21 00 • 22 00 • 23 00 . 00 . 00
J What type of entity is filing this return? Check one only:
- 1 • General partnership • 2 • LP required to pay annual tax (is doing business in CA, is registered with SOS, or is organized in CA)
- 3 • LP , LLC, or other entity NOT required to pay annual tax (is not doing business in CA, is not registered with SOS, and is not organized in CA)
- 4 • REMIC • 5 • LLP • 6 • Other (See instructions) K Principal business activity code (Do not leave blank) •
Business activity _ Product or service _
L Enter the maximum number of partners in this partnership at any time during the year. Attach a CA Sch. K-1 (565) for each partner •
M Is any partner of the partnership related (as defined in IRC Section 267(c)(4)) to any other partner? • • Yes • No
N Is any partner of the partnership a trust for the benefit of any person related (as defined in IRC Section 267(c)(4)) to any other partner? • • Yes • No
O Are any partners in this partnership also partnerships or LLCs? If "Yes," complete Schedule K-1, Table 3 for each. • • Yes • No
P Does the partnership meet all the requirements shown in the instructions for Question P? • Yes • No
Q Is this partnership a partner in another partnership or multiple member LLC? If "Yes," complete Schedule EO, Part I. • • Yes • No
R Was there a distribution of property or transfer (for example by sale or death) of a partnership interest during the taxable year? . • • Yes • No
If "Yes," see the federal instructions concerning an election to adjust the basis of the partnership's assets under IRC Section 754
S Is this partnership a publicly traded partnership as defined in IRC Section 469(k)(2)? • • Yes • No
T Is this partnership under audit by the IRS or has it been audited in a prior year? • • Yes • No
3662243Side 2Form 565 2024
U (1) Does the partnership have any foreign (non U.S.) nonresident partners? • • Yes • No
(2) Does the partnership have any domestic (non-foreign) nonresident partners? • • Yes • No
(3) Were Form 592, Form 592-A, Form 592-B, Form 592-F, and Form 592-PTE filed for these partners? • • Yes • No
V Is this an investment partnership? See General Information O, Investment Partnerships, in the instructions • • Yes • No
W Is the partnership apportioning or allocating income to California using Schedule R? • • Yes • No
X Has the partnership included a Reportable Transaction or Listed Transaction within this return? • • Yes • No
(See instructions for definitions.) If "Yes," complete and attach federal Form 8886 for each transaction.
Y Did this partnership file the Federal Schedule M-3 (Form 1065)? • • Yes • No
Z Is this partnership a direct owner of an entity that filed a federal Schedule M-3? • • Yes • No
AA Does this partnership have a beneficial interest in a trust or is it a grantor of a trust? Attach name, address, and FEIN. • • Yes • No
BB Does this partnership own an interest in a business entity disregarded for tax purposes? If "Yes," complete Schedule EO, Part II. • • Yes • No
CC (1) Is the partnership deferring any income from the disposition of assets? (see instructions) • • Yes • No
(2) If "Yes," enter the year of asset disposition •
DD Is the partnership reporting previously deferred income from: • • Installment Sale • • IRC §1031 • • IRC §1033 • • Other
EE "Doing business as" name. See instructions: • __
FF (1) Has this partnership operated as another entity type such as a Corporation, S Corporation, General Partnership,
Limited Partnership, LLC or Sole Proprietorship in the previous five (5) years? • • Yes • No
(2) If "Yes", provide prior FEIN(s) if different, business name(s), and entity type(s) for prior returns filed with the FTB and/or IRS. (see instructions): __
GG (1) Has this partnership previously operated outside California? • • Yes • No
(2) Is this the first year of doing business in California? • • Yes • No
HH Is the partnership a section 721(c) partnership, as defined in Treasury Regulations Section 1.721(c)-1T(b)(14)? • Yes • No
II At any time during the tax year, were there any transfers between the partnership and its partners subject to the disclosure requirements of Regulations section 1.707-8? • Yes • No
JJ Check if the partnership: (1) • Aggregated activities for IRC Section 465 at-risk purposes
(2) • Grouped activities for IRC Section 469 passive activity purposes
KK (1) Has this business entity previously filed an unclaimed property Holder Remit Report with the State Controller's Office? . • • Yes • No
(2) If "Yes," when was the last report filed? (mm/dd/yyyy) • _ (3) Amount last remitted ◾ $ . _
Sign
Here
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.
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 belief, it is true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.
Signature of general partner
Date
General Partner's email address (optional)
Telephone
▶
•
Paid
Prepar er's Use
Only
-
Paid
Preparer's signature
Date Check if self-employed
PTIN
- •▶
Firm's name (or yours if self-employed) and address Telephone Firm's FEIN
- •
May the FTB discuss this return with the preparer shown above (see instructions)? • • Y es • No
▶
3663243 Form 565 2024Side 3
Schedule K Partners' Shares of Income, Deductions, Credits, etc.
(a)
Distributive share items
(b)
Amounts from federal K (1065)
(c)
California adjustments
(d)
Total amounts using
California law
1 Ordinary income (loss) from trade or business activities 1
2 Net income (loss) from rental real estate activities. Attach federal Form 8825 2
3 a Gross income (loss) from other rental activities 3a b Less expenses. Attach schedule 3b c Net income (loss) from other rental activities. Subtract line 3b from line 3a 3c
4 Guaranteed payments a Services 4a b Capital 4b c Total 4c
5 Interest income 5
6 Dividends 6
7 Royalties 7
8 Net short-term capital gain (loss). Attach Schedule D (565) 8
9 Net long-term capital gain (loss). Attach Schedule D (565) 9
10 a Total gain under IRC Section 1231 (other than due to casualty or theft) ... 10a b Total loss under IRC Section 1231 (other than due to casualty or theft) ... 10b
11 a Other portfolio income (loss). Attach schedule 11a b Total other income. Attach schedule 11b c Total other loss. Attach schedule 11c
Deductions
12 Expense deduction for recovery property (IRC Section 179). Attach schedule 12
13 a Cash contributions 13a b Noncash contributions 13b c Investment interest expense 13c d 1 Total expenditures to which IRC Section 59(e) election may apply . 13d1
2 Type of expenditures __ 13d2
e Deductions related to portfolio income 13e f Other deductions. Attach schedule 13f
Credits
15 a Withholding on partnership allocated to all partners 15a b Low-income housing credit 15b c Credits other than the credit shown on line 15b related to rental real estate activities 15c d Credits related to other rental activities 15d e Nonconsenting nonresident members' tax allocated to all partners 15e f Other credits 15f
Alternative Minimum
Tax (AMT) Items
17 a Depreciation adjustment on property placed in service after 1986 . . . . . . . . . 17a b Adjusted gain or loss 17b c Depletion (other than oil and gas) 17c d Gross income from oil, gas, and geothermal properties 17d e Deductions allocable to oil, gas, and geothermal properties 17e f Other alternative minimum tax items 17f
Other Information
18 a Tax-exempt interest income 18a b Other tax-exempt income 18b c Nondeductible expenses 18c
19 a Distributions of money (cash and marketable securities) 19a b Distribution of property other than money 19b
20 a Investment income 20a b Investment expenses 20b c Other information. See instructions 20c
Analysis
21 a Total distributive income/payment items. Combine lines 1, 2, 3c and 4c through 11c. From the result, subtract the sum of lines 12 through 13f 21a
Income (Loss) b Analysis by type of partner:
(a)
Corporate
(b) Individual (c)
Partnership
(d)
Exempt Organization
(e)
Nominee/Other i. Active ii. Passive
(1) General partners
(2) Limited partners
3664243Side 4 Form 565 2024
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Schedule A Cost of Goods Sold
1 Inventory at beginning of year 1 00
2 Purchases less cost of items withdrawn for personal use 2 00
3 Cost of labor 3 00
4 Additional IRC Section 263A costs. Attach schedule 4 00
5 Other costs. Attach schedule 5 00
6 Total. Add line 1 through line 5 6 00
7 Inventory at end of year . 7 00
8 Cost of goods sold. Subtract line 7 from line 6. Enter here and on Side 1, line 2 . 8 00
9 a Check all methods used for valuing closing inventory:
(1) • Cost (2) • Lower of cost or market as described in Treas. Reg. Section 1.471-4 (3) • Write down of "subnormal" goods as described in Treas. Reg. Section 1.471-2(c) (4) • Other. Specify method used and attach explanation __ b Check this box if the LIFO inventory method was adopted this taxable year for any goods. If checked, attach federal Form 970 . • c Do the rules of IRC Section 263A (with respect to property produced or acquired for resale) apply to the partnership? . • Yes • No d Was there any change (other than for IRC Section 263A purposes) in determining quantities, cost, or valuations between opening and closing inventory? If "Yes," attach explanation . • Yes • No
Schedule L Balance Sheets. See the instructions for Question P before completing
Schedules L, M-1, and M-2.
Beginning of income year End of income year
(a) (b) (c) (d)Assets
1 Cash .
2 a Trade notes and accounts receivable .
b Less allowance for bad debts . ( ) ( )
3 Inventories .
•
4 U.S. government obligations
5 Tax-exempt securities
6 Other current assets. Attach schedule . . . . . . . . . . . . •
7 a Loans to partners . b Mortgage and real estate loans
8 Other investments. Attach schedule •
9 a Buildings and other depreciable assets .
b Less accumulated depreciation . ( ) ( ) •
10 a Depletable assets .
b Less accumulated depletion . ( ) ( )
11 Land (net of any amortization) .
•
12 a Intangible assets (amortizable only) .
b Less accumulated amortization . ( ) ( )
13 Other assets. Attach schedule .
•
14 Total assets
Liabilities and Capital .
15 Accounts payable . •
16 Mortgages, notes, bonds payable in less than 1 year •
17 Other current liabilities. Attach schedule .
18 All nonrecourse loans . •
19 a Loans from partners . b Mortgages, notes, bonds payable in
1 year or more •
20 Other liabilities. Attach schedule •
21 Partners' capital accounts •
22 Total liabilities and capital .
3665243 Form 565 2024Side 5
Schedule M-1 Reconciliation of Income (Loss) per Books With Income (Loss) per Return. Use total amount under California law.
If the partnership completed federal Schedule M-3 (Form 1065), see instructions.
1 Net income (loss) per books . •
2 Income included on Schedule K, line 1 through line 11c, not recorded on books this year.
Itemize . •
3 Guaranteed payments (other than health insurance) . . •
4 Expenses recorded on books this year not included on Schedule K, line 1 through line 13f. Itemize: a Depreciation $ . b Travel and entertainment $ ... . c Limited partnership tax $ . d Other $ . e Total. Add line 4a through line 4d . •
5 Total of line 1 through line 4e .
6 Income recorded on books this year not included on Schedule K, line 1 through line 11c. Itemize: a Tax-exempt interest $ . b Other $ . c Total. Add line 6a and line 6b . •
7 Deductions included on Schedule K, line 1 through line 13f, not charged against book income this year. Itemize: a Depreciation $ . b Other $ . c Total. Add line 7a and line 7b •
8 Total. Add line 6c and line 7c .
9 Income (loss) (Schedule K, line 21a). Subtract line 8 from line 5 •
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Schedule M-2 Analysis of Partners' Capital Accounts. Use California amounts.
1 Balance at beginning of year •
2 Capital contributed during year: a Cash .• b Property .•
3 Net income (loss) per books •
4 Other increases. Itemize .•
5 Total of line 1 through line 4
6 Distributions: a Cash . • b Property . •
7 Other decreases. Itemize . •
8 Total of line 6 and line 7
9 Balance at end of year. Subtract line 8 from line 5 .. . •
3666243Side 6Form 565 2024
Codes for Principal Business Activity
This list of principal business activities and their associated codes is designed to classify a business by the type of activity in which it is engaged to facilitate the administration of the California Revenue and
Taxation Code. These principal business activity codes are based on the
North American Industry Classification System.
Using the list of activities and codes below, determine from which activity the partnership derives the largest percentage of its ''total receipts.'' Total receipts is defined as the sum of gross receipts or sales plus all other income. If the partnership purchases raw materials and supplies them to a subcontractor to produce the finished product, but retains title to the product, the partnership is considered a manufacturer and must use one of the manufacturing codes (311110-339900).
Once the principal business activity is determined, entries must be made on Form 565, Item K. Enter a description of the principal product or service of the partnership. For the business entity code, enter the six digit code selection from the list below.
Agriculture, Forestry, Fishing, and Hunting
Code
Crop Production
111100 Oilseed & Grain Farming
111210 Vegetable & Melon Farming
(including potatoes & yams)
111300 Fruit & Tree Nut Farming
111400 Greenhouse, Nursery, &
Floriculture Production
111900 Other Crop Farming (including tobacco, cotton, sugarcane, hay, peanut, sugar beet, & all other crop farming)
Animal Production
112111 Beef Cattle Ranching &
Farming
112112 Cattle Feedlots
112120 Dairy Cattle & Milk Production
112210 Hog & Pig Farming
112300 Poultry & Egg Production
112400 Sheep & Goat Farming
112510 Aquaculture (including shellfish
& finfish farms & hatcheries)
112900 Other Animal Production
Forestry and Logging
113110 Timber Tract Operations
113210 Forest Nurseries & Gathering of Forest Products
113310 Logging
Fishing, Hunting and Trapping
114110 Fishing
114210 Hunting & Trapping
Support Activities for Agriculture and
Forestry
115110 Support Activities for Crop
Production (including cotton ginning, soil preparation, planting, & cultivating)
115210 Support Activities for Animal
Production (including farriers)
115310 Support Activities for Forestry
Mining
211120 Crude Petroleum Extraction
211130 Natural Gas Extraction
212110 Coal Mining
212200 Metal Ore Mining
212310 Stone Mining & Quarrying
212320 Sand, Gravel, Clay, & Ceramic
& Refractory
Minerals Mining & Quarrying
212390 Other Nonmetallic Mineral
Mining & Quarrying
213110 Support Activities for Mining
Utilities
221100 Electric Power Generation,
Transmission & Distribution
221210 Natural Gas Distribution
221300 Water, Sewage, & Other
Systems
221500 Combination Gas & Electric
Construction
Code
Construction of Buildings
236110 Residential Building
Construction
236200 Nonresidential Building
Construction
Heavy and Civil Engineering
Construction
237100 Utility System Construction
237210 Land Subdivision
237310 Highway, Street, & Bridge
Construction
237990 Other Heavy & Civil
Engineering Construction
Specialty Trade Contractors
238100 Foundation, Structure, &
Building Exterior Contractors
(including framing carpentry, masonry, glass, roofing, & siding)
238210 Electrical Contractors
238220 Plumbing, Heating, & Air-
Conditioning Contractors
238290 Other Building Equipment
Contractors
238300 Building Finishing Contractors
(including drywall, insulation, painting, wallcovering, flooring, tile, & finish carpentry)
238900 Other Specialty Trade
Contractors (including site preparation)
Manufacturing
Food Manufacturing
311110 Animal Food Mfg
311200 Grain & Oilseed Milling
311300 Sugar & Confectionery Product
Mfg
311400 Fruit & Vegetable Preserving &
Specialty Food Mfg
311500 Dairy Product Mfg
311610 Animal Slaughtering &
Processing
311710 Seafood Product Preparation &
Packaging
311800 Bakeries, Tortilla & Dry
Pasta Mfg
311900 Other Food Mfg (including coffee, tea, flavorings, & seasonings)
Beverage and Tobacco Product
Manufacturing
312110 Soft Drink & Ice Mfg
312120 Breweries
312130 Wineries
312140 Distilleries
312200 Tobacco Manufacturing
Textile Mills and Textile Product Mills
313000 Textile Mills
314000 Textile Product Mills
Apparel Manufacturing
315100 Apparel Knitting Mills
Code
315210 Cut & Sew Apparel Contractors
315250 Cut & Sew Apparel Mfg (except
Contractors)
315990 Apparel Accessories & Other
Apparel Mfg
Leather and Allied Product
Manufacturing
316110 Leather & Hide Tanning &
Finishing
316210 Footwear Mfg (including rubber
& plastics)
316990 Other Leather & Allied Product
Mfg
Wood Product Manufacturing
321110 Sawmills & Wood Preservation
321210 Veneer, Plywood, & Engineered
Wood Product Mfg
321900 Other Wood Product Mfg
Paper Manufacturing
322100 Pulp, Paper, & Paperboard Mills
322200 Converted Paper Product Mfg
Printing and Related Support
Activities
323100 Printing & Related Support
Activities
Petroleum and Coal Products
Manufacturing
324110 Petroleum Refineries (including integrated)
324120 Asphalt Paving, Roofing, &
Saturated Materials Mfg
324190 Other Petroleum & Coal
Products Mfg
Chemical Manufacturing
325100 Basic Chemical Mfg
325200 Resin, Synthetic Rubber, &
Artificial & Synthetic Fibers &
Filaments Mfg
325300 Pesticide, Fertilizer, & Other
Agricultural Chemical Mfg
325410 Pharmaceutical & Medicine
Mfg
325500 Paint, Coating, & Adhesive Mfg
325600 Soap, Cleaning Compound, &
Toilet Preparation Mfg
325900 Other Chemical Product &
Preparation Mfg
Plastics and Rubber Products
Manufacturing
326100 Plastics Product Mfg
326200 Rubber Product Mfg
Nonmetallic Mineral Product
Manufacturing
327100 Clay Product & Refractory Mfg
327210 Glass & Glass Product Mfg
327300 Cement & Concrete Product
Mfg
327400 Lime & Gypsum Product Mfg
327900 Other Nonmetallic Mineral
Product Mfg
Primary Metal Manufacturing
331110 Iron & Steel Mills & Ferroalloy
Mfg
331200 Steel Product Mfg from
Purchased Steel
331310 Alumina & Aluminum
Production & Processing
331400 Nonferrous Metal (except
Aluminum) Production &
Processing
331500 Foundries
Fabricated Metal Product
Manufacturing
332110 Forging & Stamping
332210 Cutlery & Handtool Mfg
332300 Architectural & Structural
Metals Mfg
332400 Boiler, Tank, & Shipping
Container Mfg
332510 Hardware Mfg
332610 Spring & Wire Product Mfg
332700 Machine Shops; Turned Product;
Screw, Nut, & Bolt Mfg
Code
332810 Coating, Engraving, Heat
Treating, & Allied Activities
332900 Other Fabricated Metal Product
Mfg
Machinery Manufacturing
333100 Agriculture, Construction, &
Mining Machinery Mfg
333200 Industrial Machinery Mfg
333310 Commercial & Service Industry
Machinery Mfg
333410 Ventilation, Heating, Air-
Conditioning, & Commercial
Refrigeration Equipment Mfg
333510 Metalworking Machinery Mfg
333610 Engine, Turbine, & Power
Transmission Equipment Mfg
333900 Other General Purpose
Machinery Mfg
Computer and Electronic Product
Manufacturing
334110 Computer & Peripheral
Equipment Mfg
334200 Communications Equipment
Mfg
334310 Audio & Video Equipment Mfg
334410 Semiconductor & Other
Electronic Component Mfg
334500 Navigational, Measuring,
Electromedical, & Control
Instruments Mfg
334610 Manufacturing & Reproducing
Magnetic & Optical Media
Electrical Equipment, Appliance, and
Component Manufacturing
335100 Electric Lighting Equipment
Mfg
335200 Household Appliance Mfg
335310 Electrical Equipment Mfg
335900 Other Electrical Equipment &
Component Mfg
Transportation Equipment
Manufacturing
336100 Motor Vehicle Mfg
336210 Motor Vehicle Body & Trailer
Mfg
336300 Motor Vehicle Parts Mfg
336410 Aerospace Product & Parts Mfg
336510 Railroad Rolling Stock Mfg
336610 Ship & Boat Building
336990 Other Transportation
Equipment Mfg
Furniture and Related Product
Manufacturing
337000 Furniture & Related Product
Manufacturing
Miscellaneous Manufacturing
339110 Medical Equipment & Supplies
Mfg
339900 Other Miscellaneous
Manufacturing
Wholesale Trade
Merchant Wholesalers, Durable Goods
423100 Motor Vehicle & Motor Vehicle
Parts & Supplies
423200 Furniture & Home Furnishings
423300 Lumber & Other Construction
Materials
423400 Professional & Commercial
Equipment & Supplies
423500 Metal & Mineral (except
Petroleum)
423600 Household Appliances and
Electrical & Electronic Goods
423700 Hardware, & Plumbing &
Heating Equipment & Supplies
423800 Machinery, Equipment, &
Supplies
423910 Sporting & Recreational Goods
& Supplies
423920 Toy & Hobby Goods & Supplies
423930 Recyclable Materials
423940 Jewelry, Watch, Precious
Stone, & Precious Metals
423990 Other Miscellaneous Durable
Goods
Form 565 Booklet 2024Page 31
Code
Merchant Wholesalers, Nondurable
Goods
424100 Paper & Paper Products
424210 Drugs & Druggists' Sundries
424300 Apparel, Piece Goods, &
Notions
424400 Grocery & Related Products
424500 Farm Product Raw Materials
424600 Chemical & Allied Products
424700 Petroleum & Petroleum
Products
424800 Beer, Wine, & Distilled Alcoholic
Beverages
424910 Farm Supplies
424920 Book, Periodical, &
Newspapers
424930 Flower, Nursery Stock, &
Florists' Supplies
424940 Tobacco Products & Electronic
Cigarettes
424950 Paint, Varnish, & Supplies
424990 Other Miscellaneous
Nondurable Goods
Wholesale Trade Agents & Brokers
425120 Wholesale Trade Agents &
Brokers
Retail Trade
Motor Vehicle and Parts Dealers
441110 New Car Dealers
441120 Used Car Dealers
441210 Recreational Vehicle Dealers
441222 Boat Dealers
441227 Motorcycle, ATV, & All Other
Motor Vehicle Dealers
441300 Automotive Parts, Accessories,
& Tire Retailers
Building Material and Garden
Equipment and Supplies Dealers
444110 Home Centers
444120 Paint & Wallpaper Retailers
444140 Hardware Retailers
444180 Other Building Material Dealers
444200 Lawn & Garden Equipment &
Supplies Retailers
Food and Beverage Retailers
445110 Supermarkets and Other
Retailers (except Convenience)
445131 Convenience Retailers
445132 Vending Machine Operators
445230 Fruit & Vegetable Retailers
445240 Meat Retailers
445250 Fish & Seafood Retailers
445291 Baked Goods Retailers
445292 Confectionery & Nut Retailers
445298 All Other Specialty Food
Retailers
445320 Beer, Wine, & Liquor Retailers
Furniture and Home Furnishings
Retailers
449110 Furniture Retailers
449121 Floor Covering Retailers
449122 Window Treatment Retailers
449129 All Other Home Furnishings
Retailers
Electronics and Appliance Retailers
449210 Electronics & Appliance
Retailers (including computers)
General Merchandise Retailers
455110 Department Stores
455210 Warehouse Clubs,
Supercenters, & Other General
Merch. Retailers
Health and Personal Care Retailers
456110 Pharmacies & Drug Retailers
456120 Cosmetics, Beauty Supplies, &
Perfume Retailers
456130 Optical Goods Retailers
456190 Other Health & Personal Care
Retailers
Gasoline Stations & Fuel Dealers
457100 Gasoline Stations (including convenience stores with gas)
457210 Fuel Dealers (including Heating
Oil and Liquefied Petroleum)
Code
Clothing and Accessories Retailers
458110 Clothing & Clothing
Accessories Retailers
458210 Shoe Retailers
458310 Jewelry Retailers
458320 Luggage & Leather Goods
Retailers
Sporting, Hobby, Book, Musical
Instrument & Miscellaneous Retailers
459110 Sporting Goods Retailers
459120 Hobby, Toys, & Game Retailers
459130 Sewing, Needlework, & Piece
Goods Retailers
459140 Musical Instrument & Supplies
Retailers
459210 Book Retailers & News Dealers
(including newsstands)
459310 Florists
459410 Office Supplies & Stationery
Retailers
459420 Gift, Novelty, & Souvenir
Retailers
459510 Used Merchandise Retailers
459910 Pet & Pet Supplies Retailers
459920 Art Dealers
459930 Manufactured (Mobile) Home
Dealers
459990 All Other Miscellaneous
Retailers (including tobacco, candle, & trophy retailers)
Nonstore Retailers
Nonstore retailers sell all types of merchandise using such methods as Internet, mail-order catalogs, interactive television, or direct sales. These types of Retailers should select the
PBA associated with their primary line of products sold.
For example, establishments primarily selling prescription and non-prescription drugs, select
PBA code 456110
Pharmacies & Drug Retailers.
Transportation and
Warehousing
Air, Rail, and Water Transportation
481000 Air Transportation
482110 Rail Transportation
483000 Water Transportation
Truck Transportation
484110 General Freight Trucking, Local
484120 General Freight Trucking, Longdistance
484200 Specialized Freight Trucking
Transit and Ground Passenger
Transportation
485110 Urban Transit Systems
485210 Interurban & Rural Bus
Transportation
485310 Taxi & Ridesharing Services
485320 Limousine Service
485410 School & Employee Bus
Transportation
485510 Charter Bus Industry
485990 Other Transit & Ground
Passenger Transportation
Pipeline Transportation
486000 Pipeline Transportation
Scenic & Sightseeing Transportation
487000 Scenic & Sightseeing
Transportation
Code
Support Activities for Transportation
488100 Support Activities for Air
Transportation
488210 Support Activities for Rail
Transportation
488300 Support Activities for Water
Transportation
488410 Motor Vehicle Towing
488490 Other Support Activities for
Road Transportation
488510 Freight Transportation
Arrangement
488990 Other Support Activities for
Transportation
Couriers and Messengers
492110 Couriers & Express Delivery
Services
492210 Local Messengers & Local
Delivery
Warehousing and Storage
493100 Warehousing & Storage (except lessors of miniwarehouses & self- storage units)
Information
Motion Picture and Sound Recording
Industries
512100 Motion Picture & Video
Industries (except video rental)
512200 Sound Recording Industries
Publishing Industries
513110 Newspaper Publishers
513120 Periodical Publishers
513130 Book Publishers
513140 Directory & Mailing List
Publishers
513190 Other Publishers
513210 Software Publishers
Broadcasting & Content Providers &
Telecommunications
516100 Radio & Television
Broadcasting Stations
516210 Media Streaming, Social
Networks, & Other Content
Providers
517000 Telecommunications (including
Wired, Wireless, Satellite, Cable
&other Program Distribution,
Resellers, Agents, Other
Telecommunications, & Internet
Service Providers)
Data Processing, Web Search Portals,
& Other Information Services
518210 Computing Infrastructure
Providers, Data Processing,
Web Hosting & Related
Services
519200 Web Search Portals, Libraries,
Archives, & Other Info. Services
Finance and Insurance
Depository Credit Intermediation
522110 Commercial Banking
522130 Credit Unions
522180 Saving Institutions &
Other Depository Credit
Intermediation
Nondepository Credit Intermediation
522210 Credit Card Issuing
522220 Sales Financing
522291 Consumer Lending
522292 Real Estate Credit (including mortgage bankers & originators)
522299 Intl, Secondary Market, &
Other Nondepos. Credit
Intermediation
Activities Related to Credit
Intermediation
522300 Activities Related to Credit
Intermediation (including loan brokers, check clearing & money transmitting)
Code
Securities, Commodity Contracts, and Other Financial Investments and
Related Activities
523150 Investment Banking &
Securities Intermediation
523160 Commodity Contracts
Intermediation
523210 Securities & Commodity
Exchanges
523900 Other Financial Investment
Activities (including portfolio management & investment advice)
Insurance Carriers and Related
Activities
524110 Direct Life, Health, & Medical
Insurance Carriers
524120 Direct Insurance (except Life,
Health, & Medical) Carriers
524210 Insurance Agencies &
Brokerages
524290 Other Insurance Related
Activities (including third-party administration of insurance & pension funds)
Funds, Trusts, and Other Financial
Vehicles
525100 Insurance & Employee Benefit
Funds
525910 Open-End Investment Funds
(Form 1120-
RIC)
525920 Trusts, Estates, & Agency
Accounts
525990 Other Financial Vehicles
(including mortgage
REITs & closed-end investments funds)
"Offices of Bank Holding Companies" and
"Offices of Other Holding Companies" are located under Management of
Companies (Holding Companies) on next page.
Real Estate and Rental and
Leasing
Real Estate
531110 Lessors of Residential
Buildings & Dwellings
(including equity
REITs)
531120 Lessors of Nonresidential
Buildings (except
Miniwarehouses) (including equity
REITs)
531130 Lessors of Miniwarehouses &
Self-Storage Units (including equity
REITs)
531190 Lessors of Other Real Estate
Property (including equity
REITs)
531210 Offices of Real Estate Agents &
Brokers
531310 Real Estate Property Managers
531320 Offices of Real Estate
Appraisers
531390 Other Activities Related to Real
Estate
Rental and Leasing Services
532100 Automotive Equipment Rental
& Leasing
532210 Consumer Electronics &
Appliances Rental
532281 Formal Wear & Costume Rental
532282 Video Tape & Disc Rental
532283 Home Health Equipment Rental
532284 Recreational Goods Rental
532289 All Other Consumer Goods
Rental
532310 General Rental Centers
532400 Commercial & Industrial
Machinery & Equipment Rental
& Leasing
Lessors of Nonfinancial Intangible
Assets (except copyrighted works)
533110 Lessors of Nonfinancial
Intangible Assets (except copyrighted works)
Form 565 Booklet Page 322024
Professional, Scientific, and
Technical Services
Code
Legal Services
541110 Offices of Lawyers
541190 Other Legal Services
Accounting, Tax Preparation,
Bookkeeping, and Payroll Services
541211 Offices of Certified Public
Accountants
541213 Tax Preparation Services
541214 Payroll Services
541219 Other Accounting Services
Architectural, Engineering, and
Related Services
541310 Architectural Services
541320 Landscape Architecture
Services
541330 Engineering Services
541340 Drafting Services
541350 Building Inspection Services
541360 Geophysical Surveying &
Mapping Services
541370 Surveying & Mapping (except
Geophysical) Services
541380 Testing Laboratories & Services
Specialized Design Services
541400 Specialized Design Services
(including interior, industrial, graphic, & fashion design)
Computer Systems Design and
Related Services
541511 Custom Computer
Programming Services
541512 Computer Systems Design
Services
541513 Computer Facilities
Management Services
541519 Other Computer Related
Services
Other Professional, Scientific, and
Technical Services
541600 Management, Scientific, &
Technical Consulting Services
541700 Scientific Research &
Development Services
541800 Advertising, Public Relations, &
Related Services
541910 Marketing Research & Public
Opinion Polling
541920 Photographic Services
541930 Translation & Interpretation
Services
541940 Veterinary Services
541990 All Other Professional,
Scientific, & Technical Services
Management of Companies
(Holding Companies)
551111 Offices of Bank Holding
Companies
551112 Offices of Other Holding
Companies
Administrative and Support and Waste Management and
Remediation Services
Administrative and Support Services
561110 Office Administrative Services
561210 Facilities Support Services
561300 Employment Services
561410 Document Preparation Services
Code
561420 Telephone Call Centers
561430 Business Service Centers
(including private mail centers
& copy shops)
561440 Collection Agencies
561450 Credit Bureaus
561490 Other Business Support
Services (including repossession services, court reporting, & stenotype services)
561500 Travel Arrangement &
Reservation Services
561600 Investigation & Security
Services
561710 Exterminating & Pest Control
Services
561720 Janitorial Services
561730 Landscaping Services
561740 Carpet & Upholstery Cleaning
Services
561790 Other Services to Buildings &
Dwellings
561900 Other Support Services
(including packaging & labeling services, & convention & trade show organizers)
Waste Management and Remediation
Services
562000 Waste Management &
Remediation Services
Educational Services
611000 Educational Services
(including schools, colleges, & universities)
Health Care and Social
Assistance
Offices of Physicians and Dentists
621111 Offices of Physicians (except mental health specialists)
621112 Offices of Physicians, Mental
Health Specialists
621210 Offices of Dentists
Offices of Other Health Practitioners
621310 Offices of Chiropractors
621320 Offices of Optometrists
621330 Offices of Mental Health
Practitioners (except
Physicians)
621340 Offices of Physical,
Occupational & Speech
Therapists, & Audiologists
621391 Offices of Podiatrists
621399 Offices of All Other
Miscellaneous Health
Practitioners
Outpatient Care Centers
621410 Family Planning Centers
621420 Outpatient Mental Health &
Substance Abuse Centers
621491 HMO Medical Centers
621492 Kidney Dialysis Centers
621493 Freestanding Ambulatory
Surgical & Emergency Centers
621498 All Other Outpatient Care
Centers
Medical and Diagnostic Laboratories
621510 Medical & Diagnostic
Laboratories
Code
Home Health Care Services
621610 Home Health Care Services
Other Ambulatory Health Care
Services
621900 Other Ambulatory Health Care
Services (including ambulance services & blood & organ banks)
Hospitals
622000 Hospitals
Nursing and Residential Care
Facilities
623000 Nursing & Residential Care
Facilities
Social Assistance
624100 Individual & Family Services
624200 Community Food & Housing,
& Emergency & Other Relief
Services
624310 Vocational Rehabilitation
Services
624410 Childcare Services
Arts, Entertainment, and
Recreation
Performing Arts, Spectator Sports, and Related Industries
711100 Performing Arts Companies
711210 Spectator Sports (including sports clubs & racetracks)
711300 Promoters of Performing Arts,
Sports, & Similar Events
711410 Agents & Managers for Artists,
Athletes, Entertainers, & Other
Public Figures
711510 Independent Artists, Writers, &
Performers
Museums, Historical Sites, and Similar
Institutions
712100 Museums, Historical Sites, &
Similar Institutions
Amusement, Gambling, and
Recreation Industries
713100 Amusement Parks & Arcades
713200 Gambling Industries
713900 Other Amusement &
Recreation Industries (including golf courses, skiing facilities, marinas, fitness centers, & bowling centers)
Accommodation and Food
Services
Accommodation
721110 Hotels (except Casino Hotels) &
Motels
721120 Casino Hotels
721191 Bed & Breakfast Inns
721199 All Other Traveler
Accommodation
721210 RV (Recreational Vehicle)
Parks & Recreational Camps
721310 Rooming & Boarding Houses,
Dormitories, & Workers' Camps
Code
Food Services and Drinking Places
722300 Special Food Services
(including food service contractors & caterers)
722410 Drinking Places (Alcoholic
Beverages)
722511 Full Service Restaurants
722513 Limited Service Restaurants
722514 Cafeterias, Grill buffets, &
Buffets
722515 Snack & Non-alcoholic
Beverage Bars
Other Services
Repair and Maintenance
811110 Automotive Mechanical
& Electrical Repair &
Maintenance
811120 Automotive Body, Paint, Interior,
& Glass Repair
811190 Other Automotive Repair &
Maintenance (including oil change & lubrication shops & car washes)
811210 Electronic & Precision
Equipment Repair &
Maintenance
811310 Commercial & Industrial
Machinery & Equipment
(except Automotive &
Electronic) Repair &
Maintenance
811410 Home & Garden Equipment
& Appliance Repair &
Maintenance
811420 Reupholstery & Furniture
Repair
811430 Footwear & Leather Goods
Repair
811490 Other Personal & Household
Goods Repair & Maintenance
Personal and Laundry Services
812111 Barber Shops
812112 Beauty Salons
812113 Nail Salons
812190 Other Personal Care Services
(including diet & weight reducing centers)
812210 Funeral Homes & Funeral
Services
812220 Cemeteries & Crematories
812310 Coin-Operated Laundries &
Drycleaners
812320 Drycleaning & Laundry
Services (except Coin-
Operated)
812330 Linen & Uniform Supply
812910 Pet Care (except Veterinary)
Services
812920 Photofinishing
812930 Parking Lots & Garages
812990 All Other Personal Services
Religious, Grantmaking, Civic,
Professional, and Similar
Organizations
813000 Religious, Grantmaking,
Civic, Professional, & Similar
Organizations (including condominium & homeowners associations)
Other
999000 Unclassified Establishments
(unable to classify)
Form 565 Booklet Page 332024
How to Get California Tax Information
Automated Phone Service
Use our automated service to get recorded answers to many of your questions about California taxes and to order California business entity tax forms and publications. This service is available in English and
Spanish to callers with touch-tone telephones. Have paper and pencil ready to take notes.
Telephone: 800.338.0505 from within the United States
916.845.6500 from outside the United States
General Phone Service
Telephone assistance is available year-round from 8 a.m. until 5 p.m.
Monday through Friday, except holidays. Hours subject to change.
Telephone: 800.852.5711 from within the United States
916.845.6500 from outside the United States
California
Relay
Services: 711 or 800.735.2929 for persons with hearing or speaking limitations.
IRS: 800.829.4933 call the IRS for federal tax questions
Asistencia En Español:
Asistencia telefónica está disponible durante todo el año desde las
8 a.m. hasta las 5 p.m. de lunes a viernes, excepto días feriados. Las horas están sujetas a cambios.
Teléfono: 800.852.5711 dentro de los Estados Unidos
916.845.6500 fuera de los Estados Unidos
Servicio de
Retransmisión de California: 711 o 800.735.2929 para personas con limitaciones auditivas o del habla.
IRS: 800.829.4933 para preguntas sobre impuestos federales
Letters
If you write to us, be sure your letter includes your FEIN, California SOS file number, your daytime and evening telephone numbers, and a copy of the notice. Send your letter to:
FRANCHISE TAX BOARD
PO BOX 942857
SACRAMENTO CA 94257-0500
We will respond to your letter within ten weeks. In some cases, we may need to call you for additional information. Do not attach your letter to your California tax return.
Where to Get Tax Forms and Publications
By Internet - You can download, view, and print California tax forms and publications at ftb.ca.gov/forms.
Our California Tax Service Center website offers California business tax information and forms for the
BOE, CDTFA, EDD, FTB, and IRS at taxes.ca.gov.
You can also download, view, and print federal forms and publications at irs.gov.
By phone - Call our automated phone service at the number listed on this page and follow the recorded instructions.
By mail - Allow two weeks to receive your order. If you live outside
California, allow three weeks to receive your order. Write to:
TAX FORMS REQUEST UNIT MS D120
FRANCHISE TAX BOARD
PO BOX 307
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In person - Many post offices and libraries provide free California tax booklets during the filing season.
Employees at libraries and post offices cannot provide tax information or assistance.
Your Rights As A Taxpayer
The FTB's goals include making certain that your rights are protected so that you have the highest confidence in the integrity, efficiency, and fairness of our state tax system. For more information get FTB 4058,
California Taxpayers' Bill of Rights - Information for Taxpayers. See
"Where To Get Income Tax Forms and Publications," on this page. To request FTB 4058 by phone, enter code 943.
Franchise Tax Board Privacy Notice on
Collection
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 -
Aviso de Privacidad del Franchise Tax Board sobre la Recaudación. To request this notice by mail, call 800.338.0505 and enter form code 948 when instructed.
Recycled
Recyclable
Form 565 Booklet Page 342024
Source: official text