23181-23188

REVENUE AND TAXATION CODE
SECTION 23181-23188




23181.  (a) Except as otherwise provided herein, an annual tax is
hereby imposed upon every bank doing business within the limits of
this state according to or measured by its net income, upon the basis
of its net income for the next preceding income year at the rate
provided under Section 23186.
   (b) If a bank commences to do business and ceases doing business
in the same taxable year, the tax for such taxable year shall be
according to or measured by its net income for such year, at the rate
provided under Section 23186.
   (c) With respect to a bank, other than a bank described in
subdivision (b), which ceases doing business after December 31, 1972,
the tax for the taxable year of cessation shall be:
   (1) According to or measured by its net income for the next
preceding income year, to be computed at the rate prescribed in
Section 23186, plus
   (2) According to or measured by its net income for the income year
during which the bank ceased doing business, to be computed at the
rate prescribed in Section 23186.
   (d) In the case of a bank which ceased doing business before
January 1, 1973, but dissolves or withdraws on such date or
thereafter, the tax for the taxable year of dissolution or withdrawal
shall be according to or measured by its net income for the income
year during which the bank ceased doing business, unless such income
has previously been included in the measure of tax for any taxable
year, to be computed at the rate prescribed under Section 23186 for
the taxable year of dissolution or withdrawal.
   (e) Commencing with income years ending in 1980, every bank shall
pay to the state a minimum tax (determined in accordance with Section
23153) or the measured tax imposed on its income, whichever is
greater.
   (f) (1) For the first taxable year beginning on or after January
1, 2000, the tax imposed under this section shall be the sum of both
of the following:
   (A) A tax according to or measured by net income, to be computed
at the rate provided under Section 23186 upon the basis of the net
income for the next preceding income year, but not less than the
minimum tax specified in Section 23153.
   (B) A tax according to or measured by net income, to be computed
at the rate provided under Section 23186 upon the basis of the net
income for the first taxable year beginning on or after January 1,
2000, but not less than the minimum tax specified in Section 23153.
   (2) Except as provided in paragraph (1), for taxable years
beginning on or after January 1, 2000, the tax imposed under this
section shall be a tax according to or measured by net income, to be
computed at the rate provided under Section 23186 upon the basis of
the net income for that taxable year, but not less than the minimum
tax specified in Section 23153.


23182.  The tax imposed under this part upon banks and financial
corporations is in lieu of all other taxes and licenses, state,
county and municipal, upon the said banks and financial corporations
except taxes upon their real property, local utility user taxes,
sales and use taxes, state energy resources surcharge, state
emergency telephone users surcharge, and motor vehicle and other
vehicle registration license fees and any other tax or license fee
imposed by the state upon vehicles, motor vehicles or the operation
thereof.
   The changes in this section made by the 1979-80 Legislature with
respect to sales and use taxes apply to taxable years beginning on
and after January 1, 1980, and the remaining changes apply to taxable
years beginning on and after January 1, 1981.



23183.  (a) For taxable years beginning before January 1, 2000, an
annual tax is hereby imposed upon every financial corporation doing
business within the limits of this state and taxable under the
provisions of Section 27 of Article XIII of the Constitution of this
state, for the privilege of exercising its corporate franchises
within this state, according to or measured by its net income, upon
the basis of its net income for the next preceding income year at the
rate provided under Section 23186.
   (b) For purposes of this article, the term "financial corporation"
does not include any corporation, including a wholly owned
subsidiary of a bank or bank holding company, if the principal
business activity of such entity consists of leasing tangible
personal property.
   (c) (1) For the first taxable year beginning on or after January
1, 2000, the tax imposed under this section shall be the sum of both
of the following:
   (A) A tax according to or measured by net income, to be computed
at the rate provided under Section 23186 upon the basis of the net
income for the next preceding income year, but not less than the
minimum tax specified in Section 23153.
   (B) A tax according to or measured by net income, to be computed
at the rate provided under Section 23186 upon the basis of the net
income for the first taxable year beginning on or after January 1,
2000, but not less than the minimum tax specified in Section 23153.
   (2) Except as provided in paragraph (1), for taxable years
beginning on or after January 1, 2000, the tax imposed under this
section shall be a tax according to or measured by net income, to be
computed at the rate provided under Section 23186 upon the basis of
the net income for that taxable year, but not less than the minimum
tax specified in Section 23153.



23183.1.  Notwithstanding Section 23183, every financial corporation
doing business within the limits of this state and not exempted from
taxation by the Constitution of this state or by this part, shall
annually pay to the state for the privilege of exercising its
corporate franchises within this state, a tax determined as follows:
   (a) If a financial corporation commences to do business and ceases
doing business in the same taxable year, the tax for that taxable
year shall be according to or measured by its net income for that
year, at the rate provided under Section 23186.
   (b) (1) With respect to taxable years beginning before January 1,
2000, other than the year of commencement described in subdivision
(a) or the year of cessation described in subdivision (c), a tax
according to or measured by its net income, to be computed at the
rate prescribed in Section 23186 upon the basis of its net income for
the next preceding income year.
   (2) With respect to taxable years beginning on or after January 1,
2000 (other than the first taxable year beginning on or after that
date), the tax for the taxable year (including the taxable year of
commencement and the taxable year of cessation) shall be a tax
according to or measured by its net income, to be computed at the
rate prescribed in Section 23186 upon the basis of its net income for
the taxable year.
   (c) With respect to financial corporations, which cease doing
business in a taxable year beginning before January 1, 2000, other
than those described in subdivision (a), the tax for the taxable year
of cessation shall be:
   (1) According to or measured by its net income for the next
preceding income year to be computed at the rate prescribed in
Section 23186, plus
   (2) According to or measured by its net income for the income year
during which the financial corporation ceased doing business, to be
computed at the rate prescribed in Section 23186.



23183.2.  Notwithstanding Section 23183, every financial corporation
not exempted from taxation by the provisions of the Constitution of
this state or by this part which dissolves or withdraws, shall pay a
tax for its taxable year of dissolution or withdrawal according to or
measured by its net income for the taxable year in which it ceased
doing business, to be computed at the rate prescribed in Section
23186 for its taxable year of dissolution or withdrawal, unless the
income has previously been included in the measure of tax for any
taxable year.


23186.  For taxable years ending on or after December 31, 1995, the
rate of tax on banks and financial corporations shall be the rate of
tax specified in Section 23151, plus 2 percent.



23187.  Upon the request of a taxpayer under this chapter, the
tax-collecting officer of a county, city, or other political
subdivision of this State, shall furnish an official receipt for real
and personal property taxes paid to him setting forth a description
of such property, the assessed valuation thereof, the rate of tax,
the amount of taxes paid, and the beginning and ending of the year
for which the taxes are paid.



23188.  In the event that taxes, interest, or penalties have been or
shall be assessed against, paid by, or collected from a taxpayer
under a subdivision of Section 23181 or 23183.1, which assessment,
payment, or collection should have been made under a different
subdivision of those sections, the taxes, interest, or penalties
shall be considered as having been assessed, paid, or collected under
that different subdivision as of the date or dates they were made.