BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 1677 (Nestande) - Tax exempt organizations: filing
requirements.
Amended: June 4, 2012 Policy Vote: G&F 9-0
Urgency: No Mandate: No
Hearing Date: August 16, 2012
Consultant: Mark McKenzie
SUSPENSE FILE.
Bill Summary: AB 1677 would expand the current exemption from
annual informational return filing requirements for certain
small tax-exempt organizations.
Fiscal Impact: The Franchise Tax Board (FTB) estimates an annual
revenue loss of $90,000 in 2012-13 and $100,000 annually
thereafter (General Fund).
Background: Existing law, in general conformity with federal
law, exempts certain nonprofit organizations that comply with
specified qualification and reporting requirements from income
and franchise taxation. Religious services, educational
programs, medical care, fundraising, political activities, among
others, generally qualify as exempt-purpose activities.
Tax-exempt nonprofit organizations are required to file an
annual informational return and pay a $10 filing fee. Existing
law provides specified exemptions from this filing requirement,
including an exemption for smaller organizations with normal
annual gross receipts of less than $25,000. Rather than filing
the two-page informational return, these exempt organizations
submit basic information on a California e-Postcard (Form 199-N)
and are relieved from paying the $10 filing fee. Federal law
was recently amended to allow small tax-exempt organizations
that have gross receipts of less than $50,000 annually to file
the federal e-Postcard rather than an informational return.
Proposed Law: AB 1677 would expand the exemption that relieves
specified tax-exempt organizations from the requirement to file
an annual return with FTB for taxable years on or after January
1, 2012. Specifically, this bill would increase the gross
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receipts threshold for filing an informational return from
$25,000 to $50,000.
Related Legislation: SB 1526 (La Malfa), currently pending a
hearing in the Assembly Revenue and Taxation Committee, is
effectively identical to this bill. SB 1526 was approved by
this Committee on May 24, 2012 on a vote of 7-0.
Staff Comments: FTB indicates that this bill would annually
impact approximately 10,000 exempt organizations. The revenue
losses noted above are a result of the loss of fees that would
otherwise have been paid by these organizations when filing an
informational return.