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June 5, 2019
Question

Are regular capital gains entered on California state taxes under "Regulated Investment Company (IRC) Capital Gains Earned (in federal income)"?

  • June 5, 2019
  • 3 replies
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I have total capital gains in box 2a on my 1099-DIV. I also have additional Capital Gains on my 1099-B. Do these need to be entered on California state taxes under "Regulated Investment Company (IRC) Capital Gains Earned (in federal income)"?

3 replies

June 5, 2019
When I change to the Forms view, I see that the value is entered on line 9, column B of Form CA(540NR).  I found the instructions for that form, and they say "Get FTB Pub. 1001, if you received dividend income from Undistributed capital gains for regulated investment company (RIC) shareholders".  I found FTB Pub. 1001.  It says "If capital gain from a RIC is earned in one year and distributed in a later year, enter the capital gain included in federal income for the year earned on Schedule CA (540 or 540NR), line 9, column B and enter the capital gain for the year distributed on Schedule CA (540 or 540NR), line 9, column C."  So, the instructions from California indicate that I should only enter capital gains that are earned in one year and distributed in a later year.  Turbotax does not make that clear at all.
Employee
June 5, 2019

The types of Regulated Investment Companies are as follows:

ETF(Exchange Traded Fund), REIT(Real Estate Investment Trust,  or UIT(Unit Investment Trust)

You would only enter capital gains reported for these specific types of investments in this field in CA.


If you want to ask about a specific investment, let me know in the comments

June 5, 2019
Why doesn't TurboTax specify that ETFs, REITs, and UITs are the only types of RICs for which capital gains should be reported for the CA state adjustment?  The wording "Regulated Investment Company (IRC) Capital Gains Earned (in federal income)" doesn't indicate they must be from a specific type of investments.  Would you please point us to supporting documentation that says only ETFs, REITs, and UITs qualify?  Thank you.
PatriciaV
Employee
April 2, 2024

You would not report the amount from Form 1099-B Box 2a under RIC Capital Gains on your California return unless you received additional information that specified the dividends were from an RIC.

 

Regulated Investment Companies (RIC) include ETF (Exchange Traded Fund), REIT (Real Estate Investment Trust, and UIT (Unit Investment Trust). This list does not include regular capital gains reported on Form 1099-B.

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fishnazi
April 2, 2024

So, to be clear, only capital gains which the investment company explicitly states are from a "RIC" should be entered at this point in the California adjustments section.  I have several mutual funds in my portfolio, and the 1099 doesn't mark any as ETFs, REITs or UITs. Up til now, I thought any mutual fund was considered a Regulated Investment Company.

April 2, 2024

California Publication 1001 includes an explanation of the differences between California and Federal law for Dividend Income.

 

You would only make an entry in the California Adjustments section in the box for "RIC Capital Gains Distributed (not in federal income)" if you identified that you had a RIC Capital Gains distribution that was not reported on the Federal return but should be on the California return.

 

According to Pub 1001, California taxes the undistributed capital gain from a Regulated Investment Company (RIC) in the year distributed rather than in the year earned:

 

If capital gain from a RIC is earned in one year and distributed in a later year, enter the capital gain included in federal income for the year earned on Schedule CA (540), Part I or Schedule CA (540NR), Part II, Section A, line 3, column B and enter the capital gain for the year distributed on Schedule CA (540), Part I or Schedule CA (540NR), Part II, Section A, line 3, column C.

 

If RIC gains were earned and distributed in the same year, and they were reported on the Federal return, then you would not have a California adjustment to enter in the box for "RIC Capital Gains Distributed (not in federal income)" on the Other Interest and Dividend Adjustments screen in the California interview.

 

If your Dividend Income included a capital gain distribution for qualified small business stock—RICs, a portion of the gain may be excluded from the Federal return under certain circumstances. See the IRS instructions for Form 1099-DIV for more information.

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