California Conformity Update: New Rules, Ongoing Non-Conformity
- Viktoriya Barsukova, EA, MBA

- Nov 17
- 2 min read

For years, California’s conformity to federal law has been spotty at best. This continues to be the case even with California’s recent enactment of SB-711, the bill that updated California’s specified conformity date from January 1, 2015 to January 1, 2025. In theory, this would mean that California would automatically incorporate all tax changes enacted at the federal level over the last 10 years. But that is not the case.
SB-711 adopted dozens of new provisions that specifically state that California will not conform to many of the federal changes enacted during this period. In addition, the way California’s law is written, even with the update to the January 1, 2025 conformity date, California will continue to not follow federal law in numerous areas.
Today, we’re going to highlight some of the new areas of conformity and continuing non-conformity.
New Areas of Conformity
California Conformity Update
California now conforms to several federal provisions, including:
The federal research credit’s alternative simplified credit, although using different percentages, which will make life much easier for taxpayers who claim the alternative simplified credit on their federal return.
Increased non-taxable loan amounts for disaster victims from qualified retirement plans.
The disallowance of business expense deductions for penalties and fines imposed by governmental agencies and other non-governmental organizations, such as the SEC, for various violations and investigations.
The disallowance of business expense deductions for local lobbying expenses or legal expenses associated with sexual harassment or abuse settlement agreements involving non-disclosure agreements.
The use of the 200% declining balance method when depreciating farm equipment, rather than being limited to the 150% declining balance method.
The $500 penalty imposed against tax preparers who claim head of household status for their clients without adequate due diligence.
Increased penalties for failing to file correct information returns, with the maximum penalty increased from $130 to $340 per return.
Continuing Areas of Non-Conformity
California Conformity Update
However, California continues to not conform to federal law in numerous areas, including:
Bonus depreciation
Section 179 expense amounts
Shorter recovery periods for qualified improvement property
Increased depreciation for luxury autos
The 15-year mandatory amortization of foreign research expenses
The 80% taxable income limitation for net operating losses
The five-year holding period for the S-Corporation built-in gains tax
Limitations on meal and entertainment expenses
The increased 60% charitable contribution individual deduction cap for cash contributions
The treatment of gambling losses
The repeal of personal casualty losses
California also does not conform to:
The enhanced casualty loss deduction provisions for qualified disaster losses, including the repeal of the 10% AGI limitation and allowing non-itemizers to claim disaster losses.
Non-taxable 529 rollovers to IRAs.
Non-taxable 529 distributions used for elementary and secondary school tuition and expenses.
In addition, California will not conform to any of the new below-the-line deductions for:
Qualified tips
Overtime
The senior exemption deduction
The interest deduction for loans on qualified passenger vehicles
California Conformity Update - To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_11-16-25.mp3
Viktoriya Barsukova CEO | Enrolled Agent | MBA,
San Diego Precision Tax Service Inc.
+1 (619) 910-1040 Ext 101 | www.sandiegotaxhelp.com


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