After e-filing non-res CA taxes (for a rental) I realized I need to file a informational CA 3840. Can I sign and mail that separately or must I submit an amended return?

[landis207]

The FTB 3840 informational return does allow it to be signed and submitted as a separate form, but the directions also say to attach to your CA tax return if you have to file in CA.  Also, it seems than the information on this form could easily stay the same each year, at least until the exchange property is sold.  Does that make sense?

[RichardG · Accepted solution]

Here are the filing instructions from the California Franchise Tax Board: " Form FTB 3840 must be filed for the taxable year of the exchange and for each subsequent taxable year, generally until the California source deferred gain or loss is recognized. Attach form FTB 3840 to the California tax return, or file separately as a California information return if the taxpayer does not otherwise have a California filing requirement."

Since you have no changes to your actual return, I do not suggest amending.  Instead, I suggest signing and mailing the form to the address shown in the instructions with a copy of the original tax return.  Write on the top of the form "Duplicate Filing to Attach Form 3840" or language to that effect on the top of the first page.

It does appear that the information on the annual return will not change until the new property is sold or transferred.

[hoopster]

Thank you for the additional info, Helen!

The property was sold on Jan 31, 2018...immediately following the 2017 tax year in which the exchange started. Turbo Tax did not prompt me with questions to fill out a 3840 in 2017 hence the problems have now caught up with me. Thank you for your help.

I have not received a survey yet.

Lin