BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Kevin Murray, Chairman

                                           1827 (Migden)
          
          Hearing Date:  5/25/06          Amended: 5/2/06
          Consultant: Mark McKenzie       Policy Vote: RevTax(4-2)
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          BILL SUMMARY:   
          SB 1827 would require registered domestic partners to file  
          personal income tax returns as either "married filing jointly,"  
          or "married filing separately."
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                            Fiscal Impact (in thousands)

           Major Provisions         2006-07      2007-08       2008-09     Fund
           Income tax loss                   $8,000      $9,000    GF  

          FTB programming        unknown, potentially significant costsGF
                                     ---------see staff comments--------
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          ____

          STAFF COMMENTS:   SUSPENSE FILE.
          
          For federal tax return purposes, the status of an individual may  
          be identified as married filing jointly, married filing  
          separately, head of household, single, or qualified widow(er)  
          with dependent child.  For federal tax purposes, registered  
          domestic partners only have the filing choices of single or head  
          of household.  Existing state law generally requires an  
          individual to report the same filing status on the state income  
          tax return as reported on the federal return.  Therefore,  
          registered domestic partners only have the filing choices of  
          single or head of household in California.

          Registered domestic partnerships include same-sex partnerships  
          and opposite-sex partnerships in which one or both partners are  
          age 62 or older and receive Social Security benefits.  The  
          Secretary of State estimates that the total number of registered  
          domestic partners in California will be 40,950 by December 2007.

          This bill is intended to provide registered domestic partners  
          with the same filing status rights and burdens as married  










          persons.  Specifically, this bill would require registered  
          domestic partners to file a California personal tax return as  
          "married filing jointly," or "married filing separately" by  
          applying the standards applicable to married couples under  
          federal income tax law.  This bill would also specify a rule  
          pertaining to the reporting of adjusted gross income, and would  
          revise provisions of existing law to treat registered domestic  
          partners as married persons for purpose of filing status.

          The Franchise Tax Board (FTB) estimates that, pursuant to this  
          bill, 59% of registered domestic partners would see a reduction  
          in taxes, 29% would experience no change in taxes, and 12% would  
          experience an increase in taxes.  This bill would result in a  
          Personal Income Tax revenue loss of approximately $8 million in  
          2008-09.

                                     -continued-
          Page 2
          SB 1827 (Migden)

          STAFF NOTES that FTB uses automated systems to compare taxpayer  
          information, such as name and social security number, to files  
          received from other state and federal agencies, including the  
          Internal Revenue Service.  Current law generally requires a  
          taxpayer to report the same filing status on federal and state  
          tax returns, and FTB's information system have the ability to  
          verify joint returns based on the primary taxpayer's  
          information.  Since this bill would result in a different  
          taxpayer filing status on state and federal returns for  
          registered domestic partners, FTB anticipates a delay in the  
          ability of automated systems to compare taxpayer information.   
          These systems would require additional programming and testing,  
          which is expected to have an unknown, but potentially  
          significant fiscal impact.