BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1936
                                                                  Page  1

          Date of Hearing:   May 19, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                AB 1936 (De Leon) - As Introduced:  February 19, 2010 

          Policy Committee:                              Revenue and  
          Taxation     Vote:                            6-3

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill repeals provisions passed with the 2008-09 budget that  
          allow net operating losses (NOLs) incurred by businesses  
          beginning in 2011 to be carried back to offset income during the  
          two prior years under the personal income tax and corporation  
          tax.
           
          FISCAL EFFECT
           
          The Franchise Tax Board estimates that this bill will result in  
          revenue gains of $25 million in 2010-11, $250 million in  
          2011-12, $145 million in FY 2012-13, and similar amounts  
          thereafter.  

           COMMENTS
           
           1)Background  . For the past two decades, California has partly or  
            fully conformed to federal tax provisions allowing businesses  
            incurring NOLs in one year to carry them forward and deduct  
            them against earnings in subsequent years. However, California  
            has not historically conformed to federal provisions allowing  
            businesses to carry back losses by filing amended returns and  
            deducting the losses against the earnings posted during the  
            two prior years. 

            As part of the budget agreement for 2008-09,  the governor  
            signed AB 1452 (Budget Committee), Chapter 763, Statutes of  
            2008, which, among other things, suspended the NOL deductions  
            for 2008 and 2009, authorized NOL carry-backs for losses  
            incurred in 2011 or later tax years, and expanded the NOL  
            carry-forward period from 10 years to 20 years for losses  








                                                                  AB 1936
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            incurred after January 1, 2008. The carry-back provisions are  
            scheduled to phase in, with carrybacks allowed for 50% of NOLs  
            incurred in 2011, 75% of NOLs incurred 2012, and 100% incurred  
            in 2013 and thereafter.   

           2)Rationale  . This bill is intended to repeal a budget agreement  
            that is resulting in significant revenue losses to the state.  
            The author asserts that the Legislature needs to "reassess the  
            corporate tax giveaways that have been enacted over the last  
            few years and repeal those that neither generate economic  
            activity nor assist in the economic recovery of our state."  
            Proponents of repeal also assert that the carry-back  
            provisions, by requiring the state to issue refunds on taxes  
            already collected, add to the volatility of the GF revenues.

           3)Opponents  state that the NOL carry-back is particularly  
            important for keeping struggling businesses afloat, and that  
            rescinding the NOL carry-back deduction will undermine  
            employers' faith in California's commitment to keeping  
            employers in the state. 
           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081