BILL ANALYSIS                                                                                                                                                                                                    Ó




                     SENATE GOVERNANCE & FINANCE COMMITTEE
                            Senator Lois Wolk, Chair
          

          BILL NO:  AB 1677                     HEARING:  6/20/12
          AUTHOR:  Nestande                     FISCAL:  Yes
          VERSION:  6/4/12                      TAX LEVY:  No
          CONSULTANT:  Phan                     

                      NONPROFIT ORGANIZATION'S TAX POLICY
          

           Raises the FTB filing threshold for certain charities from 
                              $25,000 to $50,000.


                           Background and Existing Law
           
          I.  Federal Law: Certain corporations qualify for 
          tax-exempt status with the Internal Revenue Service (IRS).  
          The Internal Revenue Code Sections 501(c) and 501(d) list 
          categories of tax-exempt organizations, such as religious, 
          charitable, scientific, literary, or educational 
          organizations.  Generally, tax-exempt organizations file an 
          annual information return, but some small organizations are 
          exempt from this annual filing requirement.  Prior to 2010, 
          the IRS allowed tax-exempt organizations with gross revenue 
          or assets below $25,000 to file a simpler, online 
          e-Postcard called Form 990-N.  In 2010, the IRS raised the 
          filing threshold so that tax-exempt organizations with 
          gross revenue or assets below $50,000 did not have to file 
          the various 990 Forms, only the e-Postcard.
          
          II.  California Law:  California's laws on tax-exempt 
          organizations generally conform to federal laws.  The FTB 
          typically requires tax-exempt organizations to file a 
          two-page annual information return, FTB Form 199, and pay a 
          $10 filing fee, by the 15th day of the fifth full calendar 
          month following the close of the taxable year. California 
          law exempts some organizations, including churches, their 
          integrated auxiliaries, and conventions or association of 
          churches, from these annual filings.  Similar to the IRS's 
          policy, tax-exempt organizations with gross revenue or 
          assets below $25,000 do not have to file the FTB Form 199.  
          They can choose to file the simpler, online e-Postcard 
          called Form 199-N.  When the IRS raised its filing 
          threshold in 2010 to $50,000, California's filing threshold 
          remained at $25,000. 




          AB 1677 -- 6/4/12 -- Page 2



          
           
                                  Proposed Law
           
          Assembly Bill 1677 exempts tax-exempt organizations, as 
          specified, with gross receipts not more than $50,000 in 
          each taxable year from filing an annual return with the 
          FTB. 

          This amendment applies to taxable years beginning on or 
          after January 1, 2012. 

                               State Revenue Impact

           The FTB estimates that this bill will have the following 
          impact on state revenue:
                                         
           
           ----------------------------------------------------------- 
          |2012-2013          |2013-2014          |2014-2015          |
          |-------------------+-------------------+-------------------|
          |-$90,000           |-$100,000          |-$100,000          |
           ----------------------------------------------------------- 


                                     Comments  

          1.   Purpose of the bill  .  AB 1677 conforms state tax laws 
          to federal tax laws and relieves the annual filing burden 
          for some small tax-exempt organizations.   When the IRS 
          raised its filing threshold to $50,000, California's 
          tax-exempt organizations with gross revenue or assets 
          between $25,000 and $50,000 found they no longer had to 
          file the extensive 990 Forms with the IRS but still had to 
          file the complicated 199 Forms with the FTB.  The IRS 
          recognizes that tax-exempt organizations with gross revenue 
          or assets below $50,000 should not be burdened with certain 
          filing requirements.  This bill will allow the same 
          treatment for CA's tax-exempt organizations, allowing these 
          charities to use their resources on charity related 
          purposes instead of expending their finances to meet FTB 
          filing requirements. 
             
           The FTB estimates that this bill will impact approximately 
          10,000 tax-exempt organizations annually.  This bill will 
          not only ease the reporting burden on these organizations, 





          AB 1677 -- 6/4/12 -- Page 3



          it will save FTB staff's time and resources because they 
          can review more of the simpler 199-N Forms. 

          2.   A minimal requirement  .  Because SB 1526 exempts certain 
          organizations from filing Form 199, the state will lose 
          approximately $100,000 annually in filing fee revenue.  
          However, the FTB Form 199 is only 2 pages long. Although it 
          is more complicated than the e-Postcard Form 199-N, Form 
          199 costs only $10 to file and is not exponentially more 
          burdensome than Form 199-N.  The Committee may wish to 
          consider whether eliminating this minimal filing 
          requirement justifies the annual state revenue loss. 

          3.  Mirror, mirror  .  Besides some technical differences, AB 
          1677 and SB 1526 (LaMalfa, 2012) are identical and will 
          chapter each other out if both pass.  SB 1526 passed out of 
          the Governance and Finance Committee on a 7-0 vote.  SB 
          1526 will next be heard in the Assembly Revenue and 
          Taxation Committee. 


                                         



                                Assembly Actions  

          Assembly Revenue and Taxation   9-0     
          Assembly Appropriations        17-0
          Assembly Floor                 74-0


                         Support and Opposition  (6/14/12)

           Support  :  Navy League; Blindness Support Services, Inc.; 
          Coachella Valley Rescue Mission; General Patton Memorial 
          Museum Inc.   

           Opposition  :  Unknown.