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Advisory: credits and decisions in California

California has a 15% research credit that never expires but is not refundable, does not follow federal QSBS, and caps business credits at $5 million a year through 2029.

Jurisdiction
California
Reading time
2 min
Checked
October 13, 2026
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Key figures

California advisory

2026, with sources

R&D credit
15%Of qualified research above a base amount, plus 24% of basic research payments for corporations.
Alternative simplified credit
3%Available for tax years beginning on or after Jan 1, 2025; 1.3% with no QREs in any of the prior three years.
R&D credit carryover
IndefiniteCarries forward until used; no carryback. Not refundable outside the cap election below.
Business credit cap
$5,000,000 a yearCredits can’t reduce tax by more than this; extended by SB 122 through tax years beginning before Jan 1, 2030.
QSBS (IRC §1202)
Does not conformThe full gain on qualified small business stock is taxable in California.
PTE elective tax
Available through 2030Extended for tax years beginning before Jan 1, 2031; not available to C corporations.

The research credit after SB 711

California has its own research credit on Form FTB 3523: 15% of qualified research expenses above a base amount, plus 24% of basic research payments for corporations. Research must be done in California. From tax years beginning on or after January 1, 2025, the alternative incremental credit is gone and the alternative simplified credit is available at 3% (1.3% for a company with no qualified research in any of the three prior years).

The credit is not refundable and carries forward until used. For tax years beginning in 2024 through 2029, business credits can’t reduce tax by more than $5 million a year; the excess can be carried over, or an annual election on Form FTB 3870 makes it refundable over later years. That ceiling rarely binds a seed-stage company.

Where founders get caught

California’s differences from federal law tend to surface late: at a liquidity event, at the first profitable year, or in diligence. Most can be seen coming from the books.

  • QSBS: California taxes the full gain on qualified small business stock.
  • NOLs: for 2024–2026, a profitable year with $1 million or more of California income can’t use past losses.
  • Contractors: the ABC test makes many “contractors” employees in California, with back payroll taxes and penalties.
  • The $800 minimum: owed every year after the first, profitable or not, until the company formally withdraws.
  • SaaS sales tax: it starts January 1, 2027, for customers and vendors alike.

Common questions

Does California honor the federal QSBS exclusion?

No. California follows neither Section 1202 nor Section 1045, so a founder or employee who lives in California when they sell qualified small business stock pays California tax on the whole gain, at personal rates up to 12.3% plus the 1% Behavioral Health Services Tax on income over $1 million, even if the gain is excluded federally.

Is the California R&D credit worth claiming before we owe tax?

Only against California tax, and only later. The credit is not refundable and has no time limit, so a pre-revenue company banks it as a carryforward. The repeal of the alternative incremental credit and the new 3% alternative simplified credit both apply from the 2025 return, and the method has to be chosen on a timely original return.

What usually puts a startup into California without meaning to?

Usually it is the first California employee. A remote hire means EDD registration, SDI withholding, California wage law, and often enough California payroll to be “doing business”, which triggers FTB filing and the $800 minimum tax from the second year.

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Sources

Checked against each agency’s own page on . Rates and thresholds change, usually on January 1.

General information for US companies, not tax, legal or accounting advice for yours. Rules and thresholds change; confirm the specifics with a CPA or the agency before you act on them.

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