BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 79| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 79 Author: Senate Budget and Fiscal Review Committee Amended: 3/14/11 Vote: 27 PRIOR SENATE VOTES NOT RELEVANT ASSEMBLY FLOOR : Not available SUBJECT : Budget Act of 2011: Taxes/Revenues trailer bill SOURCE : Author DIGEST : This bill (1) establishes a mandatory single sales factor for apportionment of corporate income tax across states and changes the manner in which the location of sales of service and intangibles are assigned, and (2) eliminates the enterprise zone tax credits. Assembly Amendments delete the prior version of the bill and insert the current language relative to taxes and revenues. ANALYSIS : This bill: 1. Establishes a Mandatory Single Sales Factor and Market Sourcing of Intangibles . This bill establishes a mandatory single sales factor for apportionment of corporate income tax across states and changes the CONTINUED SB 79 Page 2 manner in which the location of sales of services and intangibles are assigned for purposes of the corporation tax, as described below: A. Corporations that have income attributable to sources both inside and outside of California must divide or apportion income to California and other jurisdictions based on prescribed formulas. Starting with the 2011 tax year, California has two methods of apportioning income for corporation tax purposes: (i) Single Sales Factor apportionment that requires a corporation to compute its California income by multiplying its total income everywhere by the proportion California sales are of total sales; and (ii) a "double-weighted" three factor formula that requires a corporation to compute the proportion California sales, property, and payroll are of total sales, property, and payroll, respectively (with the sales factor weighted twice). Under current law, starting with the 2011 tax year, corporations will be able to annually elect the formula they want to use to apportion income to California for tax purposes. This bill changes that law to require that all corporations (except those noted below) use the Single Sales Factor apportionment system to apportion income to California for tax purposes. Under existing law, certain corporations that derive 50 percent or more of gross business receipts from agriculture, extractive industries, savings and loan activity, or banking and financial business activity are required to use a three factor apportionment formula (equal weight on sales, property, and payroll). This bill will not make any changes to the income apportionment rules for these industries. B. Current law allows corporations that do not elect or are not eligible to elect Single Sales Factor for income apportionment to assign sales of services and intangibles based on cost of performance. Cost of performance allows corporations to apportion no revenue from the sales of intangibles or services in CONTINUED SB 79 Page 3 California if a firm incurs a plurality of costs associated with developing the intangibles or services outside of California. This bill removes the cost of performance criterion for the assignment of sales. Instead, sales would be assigned to California based on the following market criteria: (i) sales of services would be assigned to California if the benefits of the service were received in the State; (ii) sales of intangible property would be assigned to California if the property were used in this state; (iii) sales of the sale, lease, rental, or licensing of real property would be assigned to California if the real property were located in the State; and (iv) sales from the rental, lease, or licensing of tangible personal property would be assigned to California if the property were located in this State. According to the Franchise Tax Board (FTB), the provisions to switch to a mandatory single sales factor and market sourcing of intangibles is expected to generate approximately $468 million in 2010-11 and $942 million in the budget year. 2. Eliminates State Tax Benefits in Enterprise Zones . This bill repeals all tax credits and other tax incentives available to individuals and corporations for certain types of expenditures in designated areas through both the personal income tax (PIT) and the corporation tax (CT). This bill also eliminates credits that have been earned in prior years, but not used. California currently provides an array of tax incentives to businesses and their employees located in four state-defined geographically targeted economic development areas. The four types of economic development areas include Enterprise Zones, Local Agency Military Base Recovery Areas (LAMBRAs), Manufacturing Enhancement Areas (MEAs), and Targeted Tax Areas (TTAs). The tax benefits for these economic development areas are listed below: A. For Enterprise Zones, available incentives include CONTINUED SB 79 Page 4 tax credits for sales and use tax paid on qualified machinery and equipment; tax credits for wages paid to qualified employees working in the zone; deduction for net interest income on loans made to businesses located in the zone; expensing of all or part of qualified property; and 15-year 100 percent net operating loss (NOL) carryover to offset zone income. B. For LAMBRAs, available incentives include tax credits for sales and use tax paid on qualified machinery and equipment; tax credits for wages paid to qualified employees working in the area; expensing of all or part of qualified property; and 15-year 100 percent NOL carryover to offset area income. C. For MEAs, the available incentives are tax credits for wages paid to qualified employees working in the area. D. For TTAs, available incentives include tax credits for sales and use tax paid on qualified machinery and equipment; tax credits for wages paid to qualified employees working in the area; expensing of all or part of qualified property; and 15-year 100 percent NOL carryover to offset area income. This bill eliminates all of the tax benefits listed above earned in 2011 and in future years and terminates the entities' ability to carry forward credits that had been earned in prior years. The Department of Finance has estimated that these provisions to eliminate the State tax benefits in enterprise zones would generate approximately $343 million in 2010-11 and $581 million in the budget year. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No The combined fiscal impact of all the provisions of this bill is additional General Fund revenue of $811 million in 2010-11 and $1,523 million in 2011-12. DLW:nl 3/15/11 Senate Floor Analyses CONTINUED SB 79 Page 5 SUPPORT/OPPOSITION: NONE RECEIVED **** END **** CONTINUED