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Old 04-28-2006, 05:07 AM
Katie
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Default Re: when are dividends "source income"?

Gil Faver wrote:

- quote -

> A taxpayer lives in Illinois. She owns shares in a
> California corporation. Are dividends paid by the
> California corporations California source income? What if
> it is a Subchapter S corporation? What if the corporation's
> income is primarily rental income?
> Why are the dividends of Hewlett Packard Company not
> California source income? (or are they?)


Income from intangible property (such as a stock dividend)
has its source at the residence of the owner, unless the
intangible has acquired a business situs somewhere else.
For example, if your Illinois resident taxpayer's HP shares
were held in California as security for a loan to a
California business, the stock would have a California
business situs and the dividends would be CA source income.
If she is just holding HP shares, the source of the income
is her residence, which is IL.

See 18 Cal. Code of Regs. Sec. 17952.

Katie in San Diego

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #2  
Old 04-28-2006, 05:07 AM
Katie
Guest
 
Posts: n/a
Default Re: when are dividends "source income"?

Gil Faver wrote:

- quote -

> A taxpayer lives in Illinois. She owns shares in a
> California corporation. Are dividends paid by the
> California corporations California source income? What if
> it is a Subchapter S corporation? What if the corporation's
> income is primarily rental income?
> Why are the dividends of Hewlett Packard Company not
> California source income? (or are they?)


Income from intangible property (such as stock dividends)
has its source at the residence of the owner, unless the
intangible has acquired a business situs somewhere else.
For example, if your Illinois resident's HP stock was held
in California by a lender as security for a loan to a
California business, then the stock would have a CA business
situs and the dividend would be CA source income. As long
as she is just holding the stock, the source of the income
is her residence, which is Illinois.

See 18 Cal. Code of Regs. Sec. 17952.

Katie in San Diego

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #1  
Old 04-05-2006, 07:53 AM
San Diego CPA
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Posts: n/a
Default Re: when are dividends "source income"?

"Gil Faver" <Rowdy'sboss[at]ND.com> wrote:

- quote -

> A taxpayer lives in Illinois. She owns shares in a
> California corporation. Are dividends paid by the
> California corporations California source income?


No.

- quote -

> What if
> it is a Subchapter S corporation? What if the corporation's
> income is primarily rental income?


Rental real estate income will generate income sourced to
whatever state the real estate is located in.

- quote -

> Why are the dividends of Hewlett Packard Company not
> California source income? (or are they?)


HP does business in every state, the mult-state filing
issues belong to HP, not the individual shareholders. Their
shareholders will be taxable on the dividends in their home
state.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 
Old 03-31-2006, 10:52 AM
Stuart A. Bronstein
Guest
 
Posts: n/a
Default Re: when are dividends "source income"?

"Gil Faver" <Rowdy'sboss[at]ND.com> wrote:

- quote -

> A taxpayer lives in Illinois. She owns shares in a
> California corporation. Are dividends paid by the
> California corporations California source income? What if
> it is a Subchapter S corporation? What if the corporation's
> income is primarily rental income?
> Why are the dividends of Hewlett Packard Company not
> California source income? (or are they?)


For one thing, HP is a Delaware corporation, even though
their main business office is in California.

Stu

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 03-30-2006, 08:59 AM
Gil Faver
Guest
 
Posts: n/a
Default when are dividends "source income"?

A taxpayer lives in Illinois. She owns shares in a
California corporation. Are dividends paid by the
California corporations California source income? What if
it is a Subchapter S corporation? What if the corporation's
income is primarily rental income?

Why are the dividends of Hewlett Packard Company not
California source income? (or are they?)

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 

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