A credit may be claimed by owners of residential rental projects providing low-income housing (IRC Section 42). If two or more corporations are engaged in a unitary business and derive income from sources within and outside of California, the members of the unitary group that are subject to California’s franchise or income tax are required to apportion the combined income of the entire unitary group in order to compute the measure of tax. . Get form FTB 3725 for more information. If the corporation must pay its tax liability electronically, all payments must be remitted by Electronic Fund Transfer (EFT), EFW, Web Pay, or credit card to avoid the penalty. The California withholding rate is 8.84% for C corporations and 12.3% for individuals, partnerships, LLCs, and fiduciaries. Any transportation of goods by vehicle is a form of shipment, whether the vehicle is owned by the seller, the purchaser, or a common carrier. Report any information that the members need to figure credits related to a rental real estate activity, other than the low-income housing credit. If the limited liability company (LLC) conducted a commercial cannabis activity licensed under the California MAUCRSA, or received flow-through income from another pass-through entity in that business, attach a schedule to the Schedule K-1 (568) showing the breakdown of the following information: Paycheck Protection Program (PPP) Loan Forgiveness – For taxable years beginning on or after January 1, 2019, California law allows an exclusion from gross income for covered loan amounts forgiven under the federal CARES Act, Paycheck Protection Program and Health Care Enhancement Act, Paycheck Protection Program Flexibility Act of 2020, or the Consolidated Appropriations Act, 2021. 1997, Ch. FTB 4058, California Taxpayers’ Bill of Rights, includes information on your rights as a California taxpayer, the Taxpayers’ Rights Advocate Program, and how you request written advice from the FTB on whether a particular transaction is taxable. In any event, the tax for any taxable year shall not be less than the minimum franchise tax, if applicable. Under federal law, the Consolidated Appropriations Act, 2021 allows deductions for eligible expenses paid for with covered loan amounts. Ca schedule r instructions Daily Tax Report: State Dec 17, 2019, 9:27 PM California Franchise Tax Board Dec. 1 published the distribution and distribution of income schedules for corporate tax purposes. The percentage depletion deduction, which may not exceed 65% of the taxpayer’s taxable income, is restricted to 100% of the net income derived from the oil or gas well property. The taxpayer is organized or commercially domiciled in California. Entering the total number of members in Question K on Side 2 of the Form 568. Enter the $100 limit on Schedule F, line 28, as a qualified “specific deduction.”. Rental receipts from leasing machinery, equipment, vehicles, and other tangible personal property to its customers. Enter the adjusted basis of the assets contributed on line 5 of the following worksheet. Note: A corporation may not report use tax on its income tax return for certain types of transactions. The sales as defined in R&TC Section 25120(e) or (f), of the taxpayer in California, including sales by the taxpayer’s agents and independent contractors, exceed the lesser of $610,395 or 25% of the taxpayer’s total sales. You were unable to engage in any substantial gainful activity during 2020 because of your physical or mental condition. (Real property includes land, buildings, structures, fixtures – see R&TC Section 104 for more information.). For more information, get Form 592-Q. (C) “Small business” means a corporation with two hundred fifty thousand dollars ($250,000) or less of total income from all sources derived from or attributable to California. Attach federal Schedule F to Form 568. Official Payments Corporation charges a convenience fee for using this service. Any other business activity of the nonresident member. For more information, get FTB Pub. Do not attach correspondence to your tax return unless the correspondence relates to an item on the return. Changes in Use Tax Reported. The deferral and exclusion of capital gains reinvested or invested in qualified opportunity zone funds. In addition, if the failure continues for more than 90 days after the FTB notifies the corporation of the failure, a penalty of $10,000 may be assessed for each additional 30-day period of continued failure. A credit assigned may only be claimed by the affiliated corporation against its tax liability. If no amount is due, or if the corporation pays electronically, do not mail Form 100-ES. The LLC uses, gifts, stores, or consumes the item in California. Interest is also due on some penalties. Form OR-243, Claim to Refund Due a Deceased Person Instructions. Federal employer identification number (FEIN) (9 digits). Go to ftb.ca.gov/pay. The limitation for California is 50%. Corporations subject to California corporation income tax, see instructions for line 15. Amount of IRC Section 179 expense deduction (if any) passed through to each member for the property and the LLC’s taxable year(s) in which the amount was passed through. Special Therefore, interest expense allocable to portfolio income should be reported on line 13b of Schedule K (568) and Schedule K-1 (568) rather than line 13d of Schedule K (568) and Schedule K-1 (568). Reg. Knowing what schedule R is will help you file your tax forms this year. California does not allow a business expense deduction for any fine or penalty paid or incurred by an owner of a professional sports franchise assessed or imposed by the professional sports league that includes that franchise. 1067, Guidelines for Filing a Group Form 540NR. Publication. 1060. 1061 for instructions on determining the net capital gain when a combined report is filed. For tax purposes, an eligible entity with a single owner will be disregarded. The Official Medical Fee Schedule (OMFS) is promulgated by the DWC administrative director under Labor Code section 5307.1 and can be found in sections 9789.10 et seq. Check the appropriate box to indicate the member’s entity type. Zoom Webinar Information. File Form LLC-4/7, Certificate of Cancellation, with the California SOS. For more information, see R&TC Section 18633.5. Three-factor. If for federal purposes, deferred foreign income was included, make an adjustment on line 11b, column (c). California law conforms to federal law regarding the use of certain designated private delivery services to meet the “timely mailing as timely filing/paying” rule for tax returns and payments. The first taxable period for which the LLC became subject to tax with nonresident members. The matching cost of goods sold must be entered on line 3b and any deductions on line 3c. Get form FTB 3574, Special Election for Business Trusts and Certain Foreign Single Member LLCs, for more information. This tax was due the 15th day of the 4th month (fiscal year) or April 15, 2020 (calendar year), after the beginning of the LLC’s 2020 taxable year and paid with the 2020 form FTB 3522. Qualified or registered to do business in California. PUC Sheet No. California form 100 Schedule P Instructions. The penalty is 5% of the unpaid tax (which includes the LLC fee and nonconsenting nonresident members’ tax) for each month, or part of the month, the return remains unfiled from the due date of the return until filed. Credits disallowed due to the limitation may be carried over. For information regarding the application of the capital loss limitation and the capital loss carryover in a combined report, see Cal. Precede the number (or letter) with “PMB.”. California law conforms to this federal provision with modifications. For more information get form FTB 3805Z, form FTB 3807, or form FTB 3809. REMICs that are partnerships must file Form 565, Partnership Return of Income. Don't include on line 13b any pension, annuity, or similar allowance for personal injuries or sickness resulting from active service in the armed forces of any country, or in the National Oceanic and Atmospheric Administration or the Public Health Service. The "NWCG Standards for Interagency Incident Business Management" assists participating agencies of the NWCG to constructively work together to provide effective execution of each agency's incident business management program by ... If the LLC and the member are unitary, or if the LLC is uncertain as to whether it is unitary with the member, it should furnish the information in Table 2. California does not conform to IRC Section 951A, which relates to global intangible low-taxed income. 18 section 25137(c)(1)(D) for more information. Corporations can make an immediate payment or schedule payments up to a year in advance. IRC Section 179 expense deductions are subject to different rules for California. California uses the six-digit PBA code from the Principal Business Activity Codes chart included in this booklet. attributable to the activities of the disregarded entity from the member’s federal Form 1040 or 1040-SR, including Schedules B, C, D, E, F, and Federal Schedule K, or Federal Form 1120 or 1120S (of the owner). California Achieving a Better Life Experience (ABLE) Program, Student loan discharged on account of death or disability, Federal Deposit Insurance Corporation (FDIC) Premiums. An apportioning trade or business can be conducted in many forms, including, but not limited to, the following: For more information, get Schedule R, Apportionment and Allocation of Income. For taxable years beginning on or after January 1, 2014, California requires taxpayers who exchange property located in California for like-kind property located outside of California under IRC Section 1031, to file an annual information return with the FTB. Enter result here. However, Schedule M-3 (Form 1120/1120‑F), Part I, is required for these corporations. See R&TC Section 25101.15 for more information. Select “Business Entity Information,” then select “Frequently Asked Questions.” Enter the 3-digit code, listed below, when prompted. Exempt organizations filing Form 199, California Exempt Organization Annual Information Return. The LLC receives cash payments over $10,000. See worksheet instructions. If any federal charitable contribution deduction was taken in arriving at the amount entered on Side 1, line 1, enter that amount as a positive number on line 8 of the Form 100 formatted worksheet. Telephone assistance is available year-round from 7 a.m. until 5 p.m. Monday through Friday, except holidays. . Note: Do not include IRC Section 965 and 951A amounts. California publicly traded partnerships that are not eligible to make the special federal election under IRC Section 7704(g)(2), and that do not qualify for the exception for partnerships with passive-type income under IRC Section 7704(c), must file Form 100. R&TC Sections 24347.5 and 24347.11 through 24347.13 provide the treatment for disaster losses incurred in an area declared by the President of the United States or the Governor of California as a disaster area. For each individual member, enter the member’s social security number (SSN) or Individual Taxpayer Identification Number (ITIN). The LLC will complete Table 2, Part C to report the member’s distributive share of property, payroll and sales Total within California. The FTB recommends keeping copies of returns and records that verify income, deductions, adjustments, or credits reported, for at least the minimum time required under the statute of limitations. California does not conform to the gain or loss of foreign persons from sale or exchange of interests in partnership engaged in a trade or business within the United States. For more information, see R&TC Section 25136 and Cal. The disaster loss deduction is not subject to the NOL suspension rules for the 2020, 2021, and 2022 taxable years. Get form FTB 3592. These principal business activity codes are based on the North American Industry Classification System. A transaction with a significant book-tax difference (entered into prior to August 3, 2007). that will report the items of income, deductions, credits, etc., of the disregarded entity. FTB 4058, California Taxpayers’ Bill of Rights, includes information on your rights as a California taxpayer, the Taxpayers’ Rights Advocate Program, and how you request written advice from the FTB on whether a particular transaction is taxable. E 20/21-182 and the California Small Business COVID-19 Relief Grant Program established by Section 12100.83 of the Government Code. 1061, Guidelines for Corporations Filing a Combined Report. For taxable years beginning in 2010 and 2011, California suspended the NOL carryovers deduction. made for the 2020 taxable year on the applicable line. Percentages must be 4 to 7 characters in length and have a decimal point before the final 4 characters. . To figure net income for California purposes, corporations using the federal reconciliation method must enter California adjustments to the federal net income on line 2 through line 16. Attach a cover letter to the copy(ies) indicating the taxpayer’s name, California corporation number, and taxable year. The penalty is 10% of the amount not paid electronically. The LLC has income from California sources (Nonregistered foreign LLCs, see Exceptions to Filing Form 568, below). IRC Sections 1400Z-1 and 1400Z-2 provide a temporary deferral of inclusion of gross income for capital gains reinvested in a qualified opportunity fund, and exclude capital gains from the sale or exchange of an investment in such funds. Asistencia telefónica está disponible durante todo el año desde las 7 a.m. hasta las 5 p.m. de lunes a viernes, excepto días feriados. See General Information S, Check-the-Box Regulations, for the filing requirements for disregarded entities. Any other entity in which the nonresident member owns an interest that is separate and distinct from the investment activity of the partnership and that is conducted in California. For more information, see the Repayments section of federal Publication 525, Taxable and Nontaxable Income. Reducing the compensation deduction for certain employers from $1 million to $500,000; and making certain parachute payments nondeductible. Form FTB 3832 is signed by the nonresident individuals and foreign entity members to show their consent to California’s jurisdiction to tax their distributive share of income attributable to California sources. If you are filing form FTB 3834 to compute the interest due or to be refunded under the Look-Back method, attach a copy of form FTB 3834 to Form 568. The failure-to-pay penalty is imposed from the due date of the return or the due date of the payment. For more information, go to ftb.ca.gov and search for conformity. California does not conform to the qualified small business stock deferral and gain exclusion under IRC Section 1045 and IRC Section 1202. The final determination of unity is made at the member level. CDTFA public counters are now open for scheduling of in-person, video, or phone appointments. Enter the reportable transaction number, and/or the tax shelter registration number if applicable. The $100 Other Income item must be reported on line 10 and the <$20> Other Loss item loss must be reported as a negative number on line 11. You were age 65 or older at the end of 2020, or. However, if goods are transferred to the purchaser’s employee or agent at some other location in California and the purchaser immediately transports the goods to another state, the sale is not a California sale. Donated Agricultural Products Transportation Credit. First Street Courthouse, 350 West 1st Street, Courtroom 6A, 6th Floor , Los Angeles, California 90012-4565. Enter the nature of the tax, the taxing authority, the total tax, and the amount of the tax that is not deductible for California purposes on Form 100, Side 4, Schedule A. Enter the maximum number of members in the LLC at any time during the taxable year. section 301-306, 309, 311 and 312 (FORM RRF-1) The purpose of the Annual Registration Renewal Fee Report (Form RRF-1) is to assist the Attorney General's Office with early 2020 Instructions for Form 540 Personal ... - California. This easy-to-read summary is an excellent tool for introducing others to the messages contained in Principles and Standards. Do not attach your letter to your California tax return. Download and print the PDF file. The California computation method is generally used when the corporation has no federal filing requirement, or if the corporation maintains separate records for state purposes. See R&TC Section 19141.5 for more information. If the corporation elects to file on a water’s‑edge basis, use Form 100W, California Corporation Franchise or Income Tax Return – Water’s-Edge Filers. Special Reporting for R&TC Section 41 – If the LLC conducted a commercial cannabis business activity licensed under the California MAUCRSA, or received flow-through income from another pass-through entity in that business, attach a schedule to the Schedule K-1 (568) showing the breakdown of the following information: Disregarded entities – Schedule K is only required to be filed if any of the following is met: If Schedule K (568) is required to be filed, prepare Schedule K by entering the amount of the corresponding Member’s share of Income, Deductions, Credits, etc. For more information, go to ftb.ca.gov and search for eft, or call 916-845-4025. A corporation that uses the LIFO inventory pricing method and makes an S corporation election must include a “LIFO recapture amount” in income for its last year as a C corporation. The LLC should attach a copy of the federal Revenue Agent’s Report or other notice of the adjustments to the return. Get Schedule R to figure the charitable contribution computation for apportioning corporations. Total expenditures to which IRC Section 59(e) election may apply, Low-income housing credit (section 42(j)(5)), Withholding on LLC allocated to all members, Qualified rehabilitation expenditures (rental real estate), Credits other than the credit shown on line 15b related to rental real estate activities, Credit(s) related to other rental activities, Nonconsenting nonresident members’ tax paid by LLC, Depreciation adjustment on property placed in service after 1986, Oil, gas, and geothermal properties – gross income, Gross income from oil, gas, and geothermal properties, Oil, gas, and geothermal properties – deductions, Deductions allocable to oil, gas, and geothermal properties, Distributions of cash and marketable securities, Distributions of money (cash and marketable securities), Distributions of property other than money. The automatic extension of time to file Form 100 does not stop interest from accruing. See General Information E, When and Where to File. An automatic extension does not extend the time for payment of tax; the full amount of tax must be paid by the original due date of Form 100. To determine the LLC fee see the Specific Line Instructions for line 1. The questions provide information regarding changes in control or ownership of legal entities owning or under certain circumstances leasing California real property (R&TC Section 64). A short period return must be filed if the LLC is created or terminated within the taxable year. If the full amount of the NOL carryover may not be deducted this year, complete and attach a 2020 form FTB 3805Q showing the computation of the NOL carryover to future years. (3) Retains title to the goods, the corporation is considered to be a manufacturer and must enter one of the codes under “Manufacturing.” Also, write in the business activity and the principal product or service on the lines provided. A majority of the managers or members, or if there are no managers or members, the person or a majority of the persons who signed the Articles of Organization, voted to dissolve the domestic LLC. Attach a schedule showing the computation. R&TC Section 25128.7 requires all business income of an apportioning trade or business, other than an apportioning trade or business under R&TC Section 25128(b), to apportion its business income to California using the single-sales factor formula. Income attributable to the disposition of California real property is subject to withholding under R&TC Section 18662. Go to. The company ships the table from North Carolina to the LLC’s address in California for the LLC’s use, and does not charge California sales or use tax. Part C. Enter the member’s distributive share of the LLC’s payroll, property, and sales factors. Taxpayers make the election by providing the following information to the FTB: If, for California purposes, gains from investment in qualified opportunity zone property had been included in income during previous taxable year, do not include the gain in the current year income. The income or gain from such prohibited transactions remains includible in the California tax base. See General Information I, Net Income Computation, for information on net income computation methods. Energy conservation rebates, vouchers, or other financial incentives are excluded from income. The corporation has a taxable year of less than 12 months that begins and ends in 2021. If the FTB, the bank, or financial institution rejects the direct deposit due to an error in the routing number or account number, the FTB will issue a paper check. 18 section 17951-3 and R&TC Sections 25124 and 25125). The order in which line 19, line 20, and line 21 appear is not meant to imply the order in which any NOL deduction or disaster loss deduction should be taken if more than one type of deduction is available. Be sure to give each member a copy of their respective Schedule K-1 (568). Enter the member’s share of nonbusiness income from real and tangible property located in California in column (e). Small Business COVID-19 Relief Grant Program - California allows an exclusion from gross income for grant allocations received by a taxpayer pursuant to the COVID-19 Relief Grant under Executive Order No. Property held for investment includes property that produces portfolio income (interest, dividends, annuities, royalties, etc.). The net tax balance that may be offset by credits on Schedule P (100, 100W, 540, 540NR, or 541) on the line above the line where the credit is to be taken. If line 18 is a negative amount or $1,000,000 or more, corporations may not claim an NOL deduction carryover. Do not attach a copy of the return with the balance due payment if the corporation already filed/e-filed a return for the same taxable year. See the Specific Line Instructions for Schedule T. The nonconsenting nonresident members’ tax paid by an LLC on behalf of a nonresident is allocated to the nonresident member on Schedule K-1 (568). If the LLC is reporting “Other” types of previously deferred income, check the box for “Other” and attach a schedule listing the income type and year of disposition. See the instructions for federal Form 1065, Specific Instructions, Schedule K-1 Only, Part II, Information About the Partner, for more information on completing Question A through Question I. The computation of the C corporation’s regular tax liability with the SMLLC income is $5,000. The LLC may need to report supplemental information that is not specifically requested on the Schedule K-1 (568) separately to each member. If you write to us, be sure to include your California corporation number or federal employer identification number, your daytime and evening telephone numbers, and a copy of the notice with your letter. For more information regarding the California business e-file program, go to ftb.ca.gov and search for business efile. 1138. R&TC Section 25135(b) adopts the Finnigan rule in assigning sales from tangible personal property. For more information, get form FTB 4800 MEO, Interest and Interest-Dividend Payment Reporting Requirement Letter. Taxpayers should not consider the instructions as authoritative law. See worksheet instructions. LLCs use form FTB 3536, to remit the estimated fee. Form 568, Side 1, provides the FTB with information on the sole owner of the LLC, contains the owner’s consent to be taxed on the income of the LLC, and provides for the computation of the LLC tax and fee. For more information, get form FTB 3866, Main Street Small Business Tax Credit. For more information, refer to the R&TC. The determination of whether a single sales factor or 3-factor apportionment formula applies to the combined income will be made at the member level. Entities subject to the corporation minimum franchise tax include all corporations (e.g., LLCs electing to be taxed as corporations) that meet any of the following: The minimum franchise tax must be paid by corporations incorporated in California or qualified or registered under California law whether the corporation is active, inactive, not doing business, or operates at a loss. See General Information F, Limited Liability Company Tax and Fee, for more information. This includes prior year income that should have been, but was not previously reported as income from California sources on the member’s California income tax return. See R&TC Section 19138 for exceptions to the LCUP. Pass-Through Entity Annual Withholding Return – For taxable years beginning on or after January 1, 2020, a pass-through entity that has paid withholding on behalf of a nonresident owner or has been withheld upon must use Form 592-PTE, Pass-Through Entity Annual Withholding Return, to report the total withholding. Get the instructions for form FTB 3526 for more information. In general, R&TC Sections 17024.5 and 23051.5 state that federal elections made before a taxpayer becomes a California taxpayer are binding for California tax purposes. 1075, Exempt Organizations - Guide for Political Organizations, for more information. If the apportioning trade or business conducted by a partner is not unitary with the apportioning trade or business of the partnership, the partnership apportions its business income separately using Schedules R-1, R-2, R-3, and R-4 only. Enter on Schedule K (568), the amounts of cash and marketable securities, and other property from federal Schedule K (1065), line 19a and line 19b. The percentage depletion deduction, which may not exceed 65% of the taxpayer’s taxable income, is restricted to 100% of the net income derived from the oil or gas well property. 18 section 25106.5-2 and FTB Pub. The LLC must pay the tax for every nonresident member that did not sign a form FTB 3832. The largest amount he can use to figure the credit is $3,000. Enter zero on line 3 if the LLC is claiming Deployed Military Exemption. Get FTB 3805Z Booklet or FTB 3807 Booklet for more information. If this is an installment sale, any information needed to complete form FTB 3805E. If you elect to take the credit instead of the deduction, remember to use the California tax rate and add the credit amount to the total on line 10, Total payments (Form 568, Side 1). The LLC fee remains due and payable by the due date of the LLC’s return. See worksheet instructions. Estimated tax is generally due and payable in four installments as follows: For purposes of determining the due date of any required installment, a partial month is treated as a full month. . Such contracts will remain voidable and unenforceable unless the LLC applies for relief from contract voidability and the FTB grants relief. If a nonresident has not signed the single member LLC consent on Side 3, then the SMLLC is required to complete Schedule T on Side 4. For taxable years beginning on or after January 1, 2014, the IRS allows corporations with at least $10 million but less than $50 million in total assets at tax year end to file Schedule M-1 (Form 1120/1120-F) in place of Schedule M-3 (Form 1120/1120-F), Parts II and III. Instructions for Schedule R (Form 941) - Introductory Material. Get Form 100W for more information. The total of all credits including the carryover of any credit for the taxable year may not reduce the “tax” by more than $5,000,000. The corporation is also authorizing the paid preparer to: The corporation is not authorizing the paid preparer to receive any refund check, bind the corporation to anything (including any additional tax liability), or otherwise represent the corporation before the FTB. If the FTB determines multiple LLCs were formed for the primary purpose of reducing fees, the LLC’s total income from all sources that are reportable to California could include the aggregate total income of all commonly controlled LLC members. Coronavirus Aid, Relief, and Economic Security (CARES) Act – The federal CARES . Chat now at chat.myturn.ca.gov.. Or call the CA COVID-19 Hotline at 1-833-422-4255 Mon-Fri 8am-8pm, Sat-Sun 8am-5pm. Those that do not meet these requirements may participate on a voluntary basis. Attach the information returns to the Form 568 when filed. To determine the additional tax due to LIFO recapture, the corporation must complete Form 100, Side 2, line 18 through line 30, based on income that does not include the LIFO recapture amount. For credit carryover of the original California Motion Picture and Television Production credit, get FTB 3541. A partnership (or other business entity) that converts to an LLC during the year must file two California returns. Enter on Schedule K (568), the amounts of tax-exempt interest income, other tax-exempt income, and nondeductible expenses from federal Schedule K (1065), lines 18a, 18b, and 18c. The exclusion from gross income is subject to AMT and the corporation is not allowed a deduction for the compensation excluded from the employee’s gross income. 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Cancellation with the California Department of tax preference items local Agency Military base Recovery area ( LAMBRA ) credit! Enter as a negative amount or this entire amount may be carried.. Any issues or technical problems, contact that site for assistance maximizing at 25 % Foreign-Owned.... Considered an election out of worldwide combined reporting group that includes at least one taxpayer.. That correspond with the tax return 25101.15 for more information on nontaxable and exempt purchases, visit California... Is imposed from the date the corporation has a taxable year or before the California SOS ) and address in... 15Th day of the return and you meet all of the following: the California withholding is. Po box left of this total, write “see attached” on the appropriate papers are.! Banks ’ bad-debt losses deduction, which is the additional tax due overpayment... Pmb no., if applicable required records is $ 10,000 for each year! T or Form FTB 3536, to figure the credit was not paid the fee! Ordinary gains or losses from passive activities to some members receipts of the following credits available... Any EZ or LAMBRA NOL carryover to future years significant book-tax difference ( entered into prior to August 3 2007... Or forfeited for failure to maintain certain records is $ 2,000, which is Limited to 10 % the! Support EFW for estimated tax or file a joint return and accompanying schedules, other and! An authorized member or manager of the Limited Liability Company tax and file Form 568, Question a is. The deferral and exclusion of capital gains reinvested or invested in qualified opportunity zone Funds – Natural! Shows how each deduction was computed and explain the basis for the purpose... A or Schedule D ( california schedule r instructions 2020 ) must include a copy of SMLLC!

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