BILL NUMBER: AB 2271 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Williams
Perea
FEBRUARY 24, 2012
An act to amend Section 23032 Sections
6055 and 6203.5 of the Revenue and Taxation Code, relating to
taxation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2271, as amended, Williams Perea
. Corporation Tax Law. Sales and Use Taxes:
worthless accounts.
Existing sales and use tax laws authorize a deduction or refund of
tax in the case of worthless and written-off accounts held by a
retailer or lender under specified circumstances, which include
preparing and retaining a proper election before claiming the
deduction or refund.
This bill would instead authorize a proper election to be
established when the retailer and lender prepare and retain an
election form, as provided. This would provide that a deduction or
refund claimed shall not be disallowed solely on the ground that a
proper election was not established prior to claiming a refund or
deduction, as specified.
The Corporation Tax Law defines fiscal year to mean an accounting
period of twelve months or less ending on the last day of any month
other than December.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6055 of the Revenue
and Taxation Code is amended to read:
6055. (a) A retailer is relieved from liability for sales tax
that became due and payable, insofar as the measure of the tax is
represented by accounts that have been found to be worthless and
charged off for income tax purposes by the retailer or, if the
retailer is not required to file income tax returns, charged off in
accordance with generally accepted accounting principles. A retailer
that has previously paid the tax may, under rules and regulations
prescribed by the board, take as a deduction the amount found
worthless and charged off by the retailer. If these accounts are
thereafter in whole or in part collected by the retailer, the amount
collected shall be included in the first return filed after the
collection and the tax shall be paid with the return. For purposes of
this subdivision, the term "retailer" shall include any entity
affiliated with the retailer under Section 1504 of Title 26 of the
United States Code.
(b) (1) In the case of accounts held by a lender, a retailer or
a lender who that makes a
proper election under paragraph (4) shall be entitled to a deduction
or refund of the tax that the retailer has previously reported and
paid if all of the following conditions are met:
(A) A deduction was not previously claimed or allowed on any
portion of the accounts.
(B) The accounts have been found worthless and written off by the
lender in accordance with the requirements of subdivision (a).
(C) The contract between the retailer and the lender contains an
irrevocable relinquishment of all rights to the account from the
retailer to the lender.
(D) The retailer remitted the tax on or after January 1, 2000.
(E) The party electing to claim the deduction or refund under
paragraph (4) files a claim in a manner prescribed by the board.
(2) If the retailer or the lender thereafter collects in whole or
in part any accounts, one of the following shall apply:
(A) If the retailer is entitled to the deduction or refund under
the election specified in paragraph (4), the retailer shall include
the amount collected in its first return filed after the collection
and pay tax on that amount with the return.
(B) If the lender is entitled to the deduction or refund under the
election specified in paragraph (4), the lender shall pay the tax to
the board in accordance with Section 6451.
(3) For purposes of this subdivision, the term "lender" means any
of the following:
(A) Any A person who
that holds a retail account which
that the person purchased directly from a
retailer who that reported the tax.
(B) Any A person who
that holds a retail account pursuant to that
person's contract directly with the retailer who
that reported the tax.
(C) Any A person who
that is either an affiliated entity, under
Section 1504 of Title 26 of the United States Code, of a person
described in subparagraph (A) or (B), or an assignee of a person
described in subparagraph (A) or (B).
(4) (A) Prior to claiming any
deduction or refund under this subdivision, For
purposes of this section, a "proper election" shall be established if
the retailer who that reported
the tax and the lender shall prepare and retain an
election form , signed by both parties, designating which
party is entitled to claim the deduction or refund. This election
may not be amended or revoked unless a new election, signed by both
parties, is prepared and retained by the retailer and the lender.
(B) A deduction or refund under this section shall not be
disallowed solely on the ground that a proper election was not
established prior to claiming the deduction or refund if a proper
election was established after claiming the deduction or refund.
SEC. 2. Section 6203.5 of the Revenue
and Taxation Code is amended to read:
6203.5. (a) A retailer is relieved from liability to collect use
tax that became due and payable, insofar as the measure of the tax is
represented by accounts that have been found to be worthless and
charged off for income tax purposes by the retailer or, if the
retailer is not required to file income tax returns, charged off in
accordance with generally accepted accounting principles. A retailer
that has previously paid the amount of the tax may, under rules and
regulations prescribed by the board, take as a deduction the amount
found worthless and charged off by the retailer. If these accounts
are thereafter in whole or in part collected by the retailer, the
amount collected shall be included in the first return filed after
the collection and the amount of the tax shall be paid with the
return. For purposes of this subdivision, the term "retailer" shall
include any entity affiliated with the retailer under Section 1504 of
Title 26 of the United States Code.
(b) (1) In the case of accounts held by a lender, a retailer or
a lender who that makes a
proper election under paragraph (4) shall be entitled to a deduction
or refund of the tax that the retailer has previously reported and
paid if all of the following conditions are met:
(A) A deduction was not previously claimed or allowed on any
portion of the accounts.
(B) The accounts have been found worthless and written off by the
lender in accordance with the requirements of subdivision (a).
(C) The contract between the retailer and the lender contains an
irrevocable relinquishment of all rights to the account from the
retailer to the lender.
(D) The retailer remitted the tax on or after January 1, 2000.
(E) The party electing to claim the deduction or refund under
paragraph (4) files a claim in a manner prescribed by the board.
(2) If the retailer or the lender thereafter collects in whole or
in part any accounts, one of the following shall apply:
(A) If the retailer is entitled to the deduction or refund under
the election specified in paragraph (4), the retailer shall include
the amount collected in its first return filed after the collection
and pay tax on that amount with the return.
(B) If the lender is entitled to the deduction or refund under the
election specified in paragraph (4), the lender shall pay the tax to
the board in accordance with Section 6451.
(3) For purposes of this subdivision, the term "lender" means any
of the following:
(A) Any A person who
that holds a retail account which
that the person purchased directly from a
retailer who that reported the tax.
(B) Any A person who
that holds a retail account pursuant to that
person's contract directly with the retailer who
that reported the tax.
(C) Any A person who
that is either an affiliated entity, under
Section 1504 of Title 26 of the United States Code, of a person
described in subparagraph (A) or (B), or an assignee of a person
described in subparagraph (A) or (B).
(4) Prior to claiming any deduction or refund under this
subdivision, (A) For purposes of
this section, a "proper election" shall be established if
the retailer who that reported
the tax and the lender shall prepare and retain an
election form , signed by both parties, designating which
party is entitled to claim the deduction or refund. This election
may not be amended or revoked unless a new election, signed by both
parties, is prepared and retained by the retailer and the lender.
(B) A deduction or refund under this section shall not be
disallowed solely on the ground that a proper election was not
established prior to claiming the deduction or refund if a proper
election was established after claiming the deduction or refund.
SECTION 1. Section 23032 of the Revenue and
Taxation Code is amended to read:
23032. "Fiscal year" means an accounting period of 12 months or
less ending on the last day of a month other than December.