CA Form 3804 - Pass-Through Entity Elective Tax Credit
California’s Form FTB 3804, titled "Pass-Through Entity Elective Tax Calculation," is used by qualified pass-through entities (PTEs) such as partnerships and S corporations to report the elective tax on their qualified net income (QNI). This form allows these entities to pay a 9.3% tax on their QNI, which in turn provides a corresponding tax credit to individual partners, shareholders, or members who receive a distributive share or guaranteed payments from the entity.
Key Features of Form FTB 3804
- Elective Tax Rate: 9.3% of the entity’s qualified net income (QNI).
- Applicable Period: For taxable years beginning on or after January 1, 2024, and before January 1, 2026. The program is extended through January 1, 2031.
- Reporting Requirement: The form must be attached to the entity’s California return (Form 1008, Form 565, or Form 568).
- Payment Method: Use Form FTB 3893 to remit the elective tax payment; Form FTB 3804 is for reporting only.
- Qualified Taxpayers: Partners, shareholders, or members who consent to have their pro-rata or distributive share of income and guaranteed payments included in QNI are eligible for the credit.
How the Elective Tax Credit Works
The elective tax credit is equal to 9.3% of the qualified taxpayer’s pro-rata share or distributive share and guaranteed payments of QNI. This credit is not a pass-through item and must be reported on the taxpayer’s Schedule K-1 under “Other Credits.” A statement explaining the credit must be attached to the Schedule K-1.
For a disregarded single-member LLC (SMLLC) owned by an individual, fiduciary, estate, or trust subject to personal income tax, the owner’s information must be entered on Form FTB 3804. Otherwise, the business name should not be listed as a qualified taxpayer.
Important Notes
- The election to pay the elective tax must be made on an original, timely filed return and is irrevocable for the taxable year.
- Entities may still elect to pay the tax even if some partners, shareholders, or members do not consent to inclusion in QNI.
- The QNI is calculated as the sum of Schedule K-1 (Form 1065) income lines 1–10 minus deduction lines 11–13 (for partnerships). For S corporations, it’s based on Form 1120S lines 1–10 minus deductions.
- Cents should be rounded to the nearest whole dollar.
Source:
Form FTB 3804 Instructions
Disclaimer: Always verify details with official Federal or State Department of Revenue Forms and Instructions. OLT (Online Taxes) provides guidance based on retrieved context and does not guarantee completeness or accuracy of tax advice.