For purposes of this chapter, the following definitions apply: (a) âAdjusted gross revenueâ means the average annual revenue received over the preceding three years, in whatever form, received or accrued from whatever source, excluding funds received pursuant to Section 8753.6 and excluding revenue earmarked by the grantor or donor solely for capital expenditures or any passthrough funds collected for the benefit of another organization that is received during the tax year of an organization. (b) âCapital expendituresâ means funds used by a company to acquire, upgrade, or maintain fixed assets, including property, plants, buildings, technology, or equipment. (c) âFiscally sponsored performing arts organizationâ means a performing arts organization that is fiscally sponsored under a Model C contract by a nonprofit organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, and the performing arts organizationâs primary mission is the creation of or presentation of performing arts. (d) (1) âNonprofit performing arts organizationâ means a performing arts organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, and the performing arts organizationâs primary mission is the creation of or presentation of performing arts. (2) Performing arts organizations that are eligible to apply for grants from the Performing Arts Equitable Payroll Fund established in Section 8757.1 may also include an organization that is a Model C fiscally sponsored organization and not a Section 501(c)(3) nonprofit organization, for which criteria may be determined by the office. (e) âOfficeâ means the Office of Small Business Advocate within the Governorâs Office of Business and Economic Development pursuant to subdivision (b) of Section 12098, unless stated otherwise. (f) âPayroll expensesâ means wages paid to employees, payroll taxes, workersâ compensation, unemployment insurance, paymaster fees, and pension, health, and welfare contributions. (g) âPerforming artsâ means the types of arts that are performed live for a remote or in-person audience, including, but not limited to, music, dance, and drama. (h) âSmall nonprofit performing arts organizationâ means a nonprofit performing arts organization, or a Model C fiscally sponsored performing arts organization, with an adjusted gross revenue equal to or less than two million dollars ($2,000,000). The office shall adjust this amount every five years using the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.
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