Get California 3725 Form

Get California 3725 Form

The California Form 3725 is designed to report assets transferred from a parent corporation to an insurance company subsidiary. This form helps determine capital gains or losses resulting from these transactions, particularly for transfers made on or after June 23, 2004. Understanding how to accurately fill out this form is crucial for compliance and tax reporting purposes.

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Structure

The California 3725 form plays a crucial role in the tax reporting process for corporations, particularly those involved in transactions with insurance company subsidiaries. This form is specifically designed to track assets transferred from a parent corporation to its insurance subsidiary. It is essential for determining any capital gains or losses that may arise from these transfers. The form consists of several sections that require detailed information about the properties being transferred, including their fair market value at the time of transfer and their cost or adjusted basis. Additionally, it addresses the use of these assets in the active conduct of the insurance company’s trade or business. If the transferred assets are no longer in use or have been disposed of, the form guides users through reporting potential taxable gains. Understanding the nuances of the California 3725 form is vital for compliance with the California Revenue and Taxation Code, particularly Section 24465, which outlines the conditions under which gains from transferred appreciated property may be deferred. By accurately completing this form, corporations can ensure they meet their tax obligations while also taking advantage of any applicable benefits.

California 3725 Preview

TAXABLE YEAR

Assets Transferred from Parent Corporation

 

CALIFORNIA FORM

2012

3725

to Insurance Company Subsidiary

Attach to Form 100 or Form 100W.

Parent corporation name

California corporation number

FEIN

Part I Assets Transferred from Parent Corporation to Insurance Company Subsidiary

Section A – Information on Properties Transferred

 Were appreciated properties transferred to an insurance company subsidiary? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ฀฀ Yes No If “Yes,” enter the company’s name, California corporation number, and/or FEIN (see instructions), then continue with line 2. If “No,” do not complete this form.

Insurance company name

California corporation number

FEIN

2 Does the insurance company use the assets it received from its parent corporation in active conduct of a trade

฀฀ Yes No

or business of the insurer?

If “Yes,” continue with Section B. If “No,” go to Part II.

 

Section B – Deferred Capital Gains. Use additional sheets if necessary.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Taxable year

Description of

Location of

Date transferred

Fair market value at

Cost or

Amount of gain

 

property

property

(mo., day, yr.)

date of transfer

other basis

deferred under R&TC

 

 

 

 

 

 

Section 24465

 

 

 

 

 

 

(e) less (f)

3

Part II Assets Transferred from Insurance Company to Other Companies

Section A – Information on Disposition of Properties

 

 

 

 

4

Does the insurance company still use the assets listed in Part l, Section B, in its active conduct of trade or business?

฀฀ Yes

No

 

If “Yes,” corporation is not required to complete Part II, Section B or Section C. If “No,” go to line 5.

฀฀ Yes

No

5

Did the insurance company dispose of any assets received from the parent corporation?

 

If “Yes,” go to line 6. If “No,” gain is taxable, go to Section B or Section C.

฀฀ Yes

No

6

Did the insurance company sell the assets to another company within the combined reporting group?

If “Yes,” gain is non-taxable. If “No,” gain is taxable, go to Section B or Section C.

Section B – Short-Term Capital Gains and Losses-Assets Held One Year or Less. Use additional sheets if necessary.

(a)

(b)

(c)

(d)

(e)

(f)

Taxable year

Description of

Date of disposal

Fair market value

Cost or

Gain (loss)

 

property

(mo., day, yr.)

or gross sales price

other basis

(d) less (e)

7

8 Short-term capital gains (losses). Total amounts in column (f). Enter here and on Form 100 or Form 100W, Side 5, Schedule D, Part I, line 1, column (f) or Schedule D (100S), Section A or Section B, Part I, line 1, column (f).

See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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FTB 3725 2012 Side 

Section C – Long-Term Capital Gains and Losses-Assets Held More Than One Year. Use additional sheets if necessary.

(a)

(b)

(c)

(d)

(e)

(f)

Taxable year

Description of

Date of disposal

Fair market value

Cost or

Gain (loss)

 

property

(mo., day, yr.)

or gross sales price

other basis

(d) less (e)

9

0 Long-term capital gains (losses). Total amounts in column (f). Enter here and on Form 100 or Form 100W, Side 5, Schedule D, Part II, line 5, column (f) or Schedule D (100S), Section A or Section B, Part II, line 4, column (f).

See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General Information

A Purpose

Use form FTB 3725, Assets Transferred from Parent Corporation to Insurance Company Subsidiary, to track the assets transferred from a parent corporation to an insurance company subsidiary. In addition, use this form to figure capital gains (losses) if the parent corporation transferred assets to an insurance company subsidiary beginning on or after June 23 2004.

California Revenue and Taxation Code (R&TC) Section 24465 provides that when a parent corporation transfers appreciated property to an insurance company subsidiary, the gain is deferred if the property transferred to the insurer is used in the active conduct of

a trade or business of the insurer. The gain must be recognized as income if any of the following apply:

The transferred property is no longer owned by an insurer in the taxpayer’s commonly controlled group (or a member of the taxpayer’s combined reporting group).

The property is no longer used in the active conduct of the insurer’s trade or business (or the trade or business of another member in the taxpayer’s combined reporting group).

The holder of the property is no longer held by an insurer in the commonly controlled group of the transferor (or a member of the taxpayer’s combined reporting group).

R&TC Section 24465 applies to transactions entered into on or after June 23, 2004.

B Definitions

1.Appreciated property – Appreciated property means property whose fair market value (FMV), as of the date of the transfer, exceeds its adjusted basis as of that date.

2.Commonly controlled group – Commonly controlled group exists when stock possessing more than 50% of the voting power is owned, or constructively owned,

by a common parent corporation (or chains of corporations connected through the common parent) or by members of the same family, see R&TC Section 25105. Also, a commonly controlled group includes corporations that are stapled entities,

see R&TC Section 25105(b)(3). Special rules are provided in R&TC Section 25105 for partnerships, trusts, and transfers of voting power by proxy, voting trust, written shareholder agreement, etc.

Speciic Line Instructions

Part I – Assets Transferred from Parent Corporation to Insurance Company Subsidiary

Section A – Information on

Properties Transferred

Line  – Enter the insurance company’s California corporation number or federal employer identification number (FEIN). If the insurance company does not have one of these numbers, enter “not applicable” and continue with line 2.

Section B – Deferred Capital Gains

Line 3, column (b) – Description of property. Describe the assets the parent corporation transferred to an insurance company subsidiary.

Line 3, column (e) – Fair market value at date of transfer. FMV is the price that the property would sell for in the open market.

Line 3, column (f) – Cost or other basis. In general, the cost or other basis is the cost of the property plus purchase commissions and improvements minus depreciation, amortization, and depletion. Enter the cost or adjusted basis of the asset for California purpose.

Part II – Assets Transferred from Insurance Company to Other Companies

Section B – Short-Term Capital Gains and Losses- Assets Held One Year or Less and

Section C – Long-Term Capital Gains and Losses-Assets Held More Than One Year

Report short-term or long-term capital gains (losses) based on the length of time the parent corporation held the assets.

Line 7 and Line 9, column (b) – Description of property. Describe the assets that the insurance company sells to another company; or the transferred assets that the insurance company does not use in its active trade or business.

Line 7 and Line 9, column (d) – Fair market value or gross sales price. Enter the FMV of the assets as of the date that the insurance company no longer uses the assets in its active trade or business. Or, enter the gross sales price of the assets if the insurance company sells the assets to another company.

Line 8 – Short-term capital gains (losses). Total amounts in column (f). Enter total short-term capital gains (losses) here and on Form 100 or Form 100W, Side 5, Schedule D, Part I, line 1, column (f) or Schedule D (100S), Section A or Section B, Part I, line 1, column (f). Write on Schedule D, under column (a) Description of property: “FTB 3725” and attach a copy of form FTB 3725 to the tax return.

Line 0 – Long-term capital gains (losses). Total amounts in column (f). Enter total long-term capital gains (losses) here and on Form 100 or Form 100W, Side 5, Schedule D, Part II, line 5, column (f) or Schedule D (100S), Section A or Section B, Part II, line 4, column (f). Write on Schedule D, under column (a) Description of property: “FTB 3725” and attach a copy of form FTB 3725 to the tax return.

Side 2 FTB 3725 2012

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Document Data

Fact Name Description
Purpose The California Form 3725 is used to track assets transferred from a parent corporation to an insurance company subsidiary.
Governing Law This form is governed by California Revenue and Taxation Code (R&TC) Section 24465.
Transfer Date The form applies to transfers of assets that occurred on or after June 23, 2004.
Deferred Gains Gains from appreciated properties transferred to an insurance subsidiary can be deferred if the assets are used in the insurer's active business.
Appreciated Property Definition Appreciated property is defined as property whose fair market value exceeds its adjusted basis at the time of transfer.
Commonly Controlled Group A commonly controlled group exists when a parent corporation owns more than 50% of the voting power of its subsidiaries.
Short-Term Gains Reporting Short-term capital gains must be reported for assets held one year or less.
Long-Term Gains Reporting Long-term capital gains must be reported for assets held more than one year.
Form Attachment Form 3725 must be attached to Form 100 or Form 100W when filing taxes.

How to Use California 3725

Filling out the California 3725 form requires careful attention to detail. This form is essential for reporting the transfer of assets from a parent corporation to an insurance company subsidiary. Proper completion will help ensure compliance with California tax regulations.

  1. Begin by entering the parent corporation's name, California corporation number, and Federal Employer Identification Number (FEIN) at the top of the form.
  2. In Section A, indicate whether appreciated properties were transferred to the insurance company subsidiary by checking "Yes" or "No." If "Yes," provide the insurance company's name, California corporation number, and/or FEIN.
  3. Answer the question about whether the insurance company uses the transferred assets in its active trade or business. Check "Yes" or "No." If "Yes," proceed to Section B.
  4. In Section B, describe each asset transferred, including its location, date of transfer, fair market value at the time of transfer, cost or other basis, and the amount of gain deferred under R&TC Section 24465.
  5. Move to Part II. In Section A, indicate whether the insurance company still uses the assets listed in Part I, Section B. Check "Yes" or "No." If "No," continue to line 5.
  6. Answer whether the insurance company disposed of any assets received from the parent corporation. Check "Yes" or "No." If "Yes," proceed to line 6.
  7. Indicate whether the insurance company sold the assets to another company within the combined reporting group. Check "Yes" or "No." If "No," the gain is taxable.
  8. In Section B, report short-term capital gains and losses for assets held one year or less. Provide the taxable year, description of property, date of disposal, fair market value or gross sales price, cost or other basis, and calculate the gain or loss.
  9. In Section C, report long-term capital gains and losses for assets held more than one year using the same format as in Section B.
  10. Finally, ensure all totals for short-term and long-term capital gains or losses are entered in the appropriate lines on Form 100 or Form 100W.

Key Facts about California 3725

What is the purpose of the California 3725 form?

The California 3725 form is used to track assets transferred from a parent corporation to an insurance company subsidiary. It helps in calculating capital gains or losses when these assets are involved in transactions that began on or after June 23, 2004. The form ensures compliance with California Revenue and Taxation Code Section 24465, which allows for the deferral of gains if the assets are used in the active conduct of the insurer's business.

Who needs to file the California 3725 form?

What information is required in Part I of the form?

Part I gathers details about the assets transferred from the parent corporation to the insurance company subsidiary. This includes the name and identification numbers of the insurance company, whether appreciated properties were transferred, and if those assets are used in the insurer's active business. It also requires a description of the properties, their fair market value at the time of transfer, and their cost or other basis.

What happens if the insurance company no longer uses the transferred assets?

If the insurance company stops using the assets in its active trade or business, the form requires additional reporting. The parent corporation must determine if the assets were disposed of and whether the gain from that disposal is taxable. This is addressed in Part II of the form.

How do I report capital gains or losses on this form?

Capital gains or losses are reported in Parts II and III of the form, based on whether the assets were held for a short term (one year or less) or a long term (more than one year). You will need to provide details such as the date of disposal, fair market value or gross sales price, and the cost or other basis of the property. This information helps calculate the gain or loss that needs to be reported on the parent corporation's tax return.

What is considered appreciated property?

Appreciated property is defined as any property whose fair market value exceeds its adjusted basis at the time of transfer. This means that if the asset is worth more than what was originally paid for it, it qualifies as appreciated property.

What should I do if the insurance company sells the assets to another company?

If the insurance company sells the assets to another company within the combined reporting group, the gain is generally considered non-taxable. If the sale is outside this group, the gain may be taxable, and this must be reported accordingly in the appropriate sections of the form.

Are there any specific line instructions I should follow?

Yes, the form includes specific line instructions for reporting various details. For instance, you must describe the properties accurately, provide fair market values, and report costs or other bases. It is essential to follow these instructions closely to ensure accurate reporting and compliance with California tax regulations.

Where do I submit the California 3725 form?

The completed California 3725 form should be attached to either Form 100 or Form 100W when you file your tax return. Make sure to keep a copy for your records as well.

Common mistakes

Filling out the California Form 3725 can be a daunting task, especially for those unfamiliar with tax forms. One common mistake is not providing the correct identification numbers for the parent corporation and the insurance company. These numbers, such as the California corporation number and the Federal Employer Identification Number (FEIN), are crucial for proper identification. Omitting or misentering these numbers can lead to processing delays or even rejection of the form.

Another frequent error involves misunderstanding the question about whether appreciated properties were transferred. Many individuals mistakenly answer "No" when they should select "Yes." This misinterpretation can lead to unnecessary complications, as the form is designed specifically for transactions involving appreciated properties. If this question is answered incorrectly, it may result in the form being incomplete or inaccurate.

Additionally, some filers fail to provide sufficient detail in the description of the properties transferred. The form asks for a clear description of the assets, including their location and fair market value at the date of transfer. Vague descriptions can lead to confusion and may necessitate further clarification from the tax authorities, prolonging the filing process.

Another common pitfall occurs in Section B, where individuals often miscalculate the fair market value or the cost basis of the transferred assets. It’s essential to accurately determine these figures, as they directly impact the calculation of deferred capital gains. Miscalculations can lead to incorrect tax liabilities, which could have serious financial repercussions.

Furthermore, many people overlook the importance of indicating whether the insurance company uses the assets in the active conduct of its trade or business. This detail is critical in determining the tax implications of the transfer. Failing to address this question correctly can result in incorrect assumptions about tax deferral eligibility.

In Part II of the form, some filers mistakenly believe they can skip sections if the insurance company still uses the assets. This misunderstanding can lead to incomplete filings. It’s vital to follow the form’s instructions carefully, ensuring that all relevant sections are completed, regardless of the status of the assets.

Moreover, individuals often forget to include additional sheets when necessary. If the space provided on the form is insufficient for all required information, failing to attach extra sheets can result in an incomplete submission. It’s better to provide more information than less, ensuring clarity and thoroughness.

Another mistake involves neglecting to check for consistency between the Form 3725 and other tax documents. Filers sometimes submit information on Form 3725 that contradicts details on their tax returns, leading to complications during processing. Consistency is key; discrepancies can raise red flags for tax authorities.

Lastly, many individuals do not take the time to review the instructions accompanying the form. These instructions provide valuable guidance on how to fill out the form correctly. Skipping this step can lead to oversight of critical details that could impact the filing.

By being mindful of these common mistakes, individuals can navigate the complexities of the California Form 3725 with greater confidence and accuracy. Thorough preparation and attention to detail are essential for a smooth filing experience.

Documents used along the form

The California 3725 form is essential for tracking assets transferred from a parent corporation to an insurance company subsidiary. However, several other forms and documents are often utilized in conjunction with this form to ensure compliance and accurate reporting. Below is a list of related documents that may be required.

  • Form 100: This is the California Corporation Franchise or Income Tax Return. Corporations use this form to report their income, calculate their taxes, and provide necessary information about their financial activities. It is crucial for corporations to file this form annually to remain compliant with state tax laws.
  • Form 100W: This form is specifically for corporations that qualify as “water’s-edge” filers. It allows them to report income and calculate taxes based on a limited scope of operations. This form is essential for those corporations that want to limit their tax liability in California.
  • Schedule D: This schedule is used to report capital gains and losses. It is attached to the Form 100 or Form 100W and provides detailed information on the sale or exchange of capital assets. Accurate reporting on Schedule D is necessary to determine the tax implications of any gains or losses from asset transfers.
  • Form FTB 3725 Instructions: These instructions provide guidance on how to complete the California 3725 form. They offer clarity on the definitions, line instructions, and necessary attachments, ensuring that filers understand their obligations and can accurately report asset transfers.

Utilizing these forms and documents alongside the California 3725 is critical for ensuring compliance with tax regulations. Each document serves a specific purpose in the reporting process, helping to provide a comprehensive picture of the financial activities related to asset transfers. Timely and accurate submission of these documents can prevent potential issues with tax authorities.

Similar forms

  • California Form 100: This form is used by corporations to report income and calculate taxes. Like the California 3725 form, it helps track transactions and their tax implications, especially for corporations operating in California.
  • California Form 100W: Similar to Form 100, this is specifically for water's-edge filers. Both forms require detailed reporting of income, but Form 100W focuses on those doing business in California and outside the U.S., similar to how the 3725 tracks asset transfers.
  • California Schedule D: This schedule is used for reporting capital gains and losses. The California 3725 form also deals with capital gains, particularly those arising from the transfer of assets, making them closely related in purpose.
  • IRS Form 8886: This form is for reporting questionable tax transactions. Both the IRS Form 8886 and California 3725 deal with complex financial transactions that may have significant tax implications, though they serve different jurisdictions.
  • IRS Form 1065: This form is used by partnerships to report income, deductions, and other tax-related information. Like the California 3725, it involves tracking asset transactions and their effects on tax liability, although it applies to partnerships rather than corporations.

Dos and Don'ts

When filling out the California Form 3725, it is essential to approach the process with care. Here are five key actions to take and avoid:

  • Do ensure that all required information is complete and accurate before submission.
  • Do verify the California corporation number or FEIN for the insurance company.
  • Do describe the transferred assets clearly in the appropriate sections.
  • Do calculate fair market value accurately based on current market conditions.
  • Do attach the completed form to Form 100 or Form 100W as required.
  • Don't leave any sections blank unless instructed to do so.
  • Don't forget to include supporting documentation when necessary.
  • Don't misrepresent the nature of the assets transferred.
  • Don't overlook the importance of adhering to deadlines for submission.
  • Don't assume that previous filings are sufficient; each form must be completed for the current taxable year.

Misconceptions

Understanding the California 3725 form can be challenging. Here are four common misconceptions about this form:

  • Misconception 1: The California 3725 form is only for large corporations.
  • This form applies to any parent corporation transferring assets to an insurance company subsidiary, regardless of size. Small and large corporations alike must comply with the requirements.

  • Misconception 2: You only need to file if the assets are sold.
  • Filing is necessary even if the assets are not sold. If appreciated properties are transferred, the form must be completed to track the transfer and any potential capital gains.

  • Misconception 3: The gain from the transfer is always taxable.
  • Not necessarily. If the transferred assets are used in the active conduct of the insurer's business, the gain may be deferred. Tax implications depend on how the assets are utilized after the transfer.

  • Misconception 4: Completing the form is optional.
  • It is not optional. If applicable, the California 3725 form must be attached to Form 100 or Form 100W. Failure to file can lead to penalties and complications with tax reporting.

Key takeaways

The California 3725 form is essential for tracking the transfer of assets from a parent corporation to an insurance company subsidiary. Here are key takeaways to keep in mind when filling out and using this form:

  • Purpose: Use the California 3725 form to report assets transferred from a parent corporation to an insurance company subsidiary and to calculate any capital gains or losses.
  • Eligibility: Only complete this form if appreciated properties are transferred to the insurance company subsidiary. If no properties are transferred, the form is not required.
  • Deferred Gains: If the transferred assets are used in the active conduct of the insurer's business, any gain is deferred. If not, the gain must be recognized as income.
  • Information Required: Provide the insurance company’s California corporation number or federal employer identification number (FEIN). If unavailable, indicate "not applicable."
  • Property Description: Clearly describe the assets transferred, including their fair market value at the time of transfer and their cost or adjusted basis.
  • Capital Gains Reporting: Report short-term and long-term capital gains or losses based on how long the assets were held. This is crucial for accurate tax reporting.
  • Submission: Attach the completed California 3725 form to Form 100 or Form 100W when filing your tax return to ensure compliance with California tax regulations.