
Schedule R 2011 Side 7
Schedule R-7 – Terms and Conditions
This election is an integral part of the return of all taxpayers participating in the election, and must be filed annually with Schedule R. Signing the California tax
return is an acknowledgement that the key corporation and its electing affiliates agree to comply with the following terms and conditions:
Each of the taxpayers listed in Schedule R-7, Part I,
Section A, hereby elect to file a single unitary
taxpayers’ group return. The unitary taxpayers’
group return constitutes the return for each
member of the electing group and satisfies the
requirement of each electing member to file its own
return.
Each corporation that elects to participate in a
group return agrees to be bound by the terms
and conditions specified in this schedule and
instructions under General Information P, Group
Return Election. The filing of its group return
indicates acceptance of all terms and conditions.
To be eligible, each corporation must meet all of
the following:
1) Be a taxpayer required to file a return in
California.
2) Be a member of a combined report for its entire
taxable year.
3) Have the same taxable year as the key
corporation or have a taxable year that is wholly
included within the taxable year of the key
corporation.
4) Have the same statutory filing date as the key
corporation for the taxable year.
The key corporation must file the unitary
taxpayers’ group return. With the initial return and
thereafter, any payment of taxes for the taxable
year shall be made using the key corporation’s
California corporate number as designated in
Part I, Section A.
The key corporation must be taxable in California
and, where applicable, be the parent corporation. If
the parent corporation is not a California taxpayer,
the key corporation should be the taxpayer with
the largest property factor numerator in California.
For the election to be valid, the key corporation’s
powers, rights, and privileges must not be
suspended or forfeited. The key corporation agrees
to act as surety and agent for each member of
the group. In addition, all electing members agree
that subsequent adjustments to the liability of the
members of the group may be assessed, billed, or
paid to the key corporation on behalf of its members,
either in the name of the key corporation or the name
of the members. Adjustments to the liability of the
members of the group will ordinarily be reflected in
a single notice. However, supplemental schedules
reflecting the adjusted liability of each member will
be provided upon request.
A California waiver of a statute of limitation
(SOL) by the key corporation will waive the SOL
for all electing member corporations. If the key
corporation does not fulfill its obligation to pay tax
or act on behalf of its members, each member may
be independently assessed or billed for its own tax
liability. If that becomes necessary, each member
will generally be credited with taxes previously paid
in accordance with the member’s self-assessed tax
liability (see FTB Legal Ruling 95-2).
It is the responsibility of the members of the
group to assure that amounts paid by one member
on behalf of another are properly accounted for
between the members. For electing members
subject to the franchise tax, the liability for each
electing corporation cannot be less than the
minimum tax. See General Information P.
The election is binding on all members for all
matters for the taxable year of the election. If some
or all of the corporations included in the election
to file a unitary taxpayers’ group return are later
determined not to be members of the unitary
group of the key corporation, the key corporation
and electing members agree that any subsequent
adjustment for any and all members included in the
original group return may still be assessed, billed,
or paid by the key corporation.
The election remains in effect for the payment
of estimated tax and tax paid with an extension
of time to file for the following year by the key
corporation on behalf of the group, unless a written
notice of termination of the election is provided to
the FTB on or before the time of payment.
8017113
Part I – Taxpayers Electing to File, or No Longer Included in the Single Group Return. See instructions below Section A and
Section B before completing the tables.** (continued)
Section B – List of Taxpayers No Longer Included in the Single Group Tax Return After the Last Filing. Attach additional sheets using the same format, if
necessary.
Taxpayer’s name
(Enter the legal name that is filed with the
California SOS).
California
corporation number
(if one is assigned)
FEIN Effective date
**Use Part I, Section B, to list each taxpayer that is no longer included in the single group tax return from prior year Part I, Section A. Include each taxpayer’s legal name,
California corporation number or federal employer identification number (FEIN), and effective date in the space provided. The effective date is the date that the entity is
removed from the single group tax return.
Part II – Other Affiliated Corporations
List each affiliated corporation not listed in Part I, Section A. A corporation is an affiliated corporation for this purpose if it is a member of the same commonly
controlled group (see R&TC Section 25105(b) and FTB Pub. 1061, Guidelines for Corporations Filing a Combined Report, for more information). All affiliated
corporations should be listed whether or not they are California taxpayers or are unitary with the key corporation. Include the California corporation number for each
taxpayer. If the California corporation number is not available, then include the FEIN.
List of Affiliates Not Included in Part I, Section A. Attach additional sheets using the same format, if necessary.
Affiliate corporation’s name California
corporation number
(if applicable) or FEIN
Is this corporation
unitary with the
electing group?
Does this corporation
file a California tax return
on a different fiscal year
than the electing group?
Was this corporation
acquired or disposed of
during the year?
Yes No Yes No Acq. Dis. Date