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Franchise Tax Board of California v. Hyatt (short: Hyatt I ), 538 U.S. 488 (2003), was a United States Supreme Court case in which the Court unanimously held that the Full Faith and Credit Clause does not require Nevada state courts to give full faith and credit to California statutes that immunize its tax agencies from suit.
On both his 1991 and 1992 tax returns, Hyatt claimed Nevada as his primary residence. The California Franchise Tax Board completed an audit in 1993 of Hyatt's tax returns, and determined that Hyatt's primary residence was actually California in 1991 and 1992; the FTB assessed Hyatt $13.3 million in back taxes and fraud penalties. [17]
When an entity is in good standing with the chartering agency, it may obtain a "certificate of good standing" which indicates this to be the case. [6] In some cases, a bank may require an entity wanting to open an account such as a checking or savings account to show a certificate of good standing from the chartering agency.
A franchise tax is a government levy (tax) charged by some US states to certain business organizations such as corporations and partnerships with a nexus in the state. A franchise tax is not based on income. Rather, the typical franchise tax calculation is based on the net worth of capital held by the entity. The franchise tax effectively ...
In 1929, the state legislature created the office of the Franchise Tax Commissioner to administer California's Bank and Corporation Franchise Tax Act. [1] In 1950, California abolished the office of the Franchise Tax Commissioner and created the Franchise Tax Board as it exists today. [1] The Executive Officers of the Franchise Tax Board have been:
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