Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 232


Introduced by Assembly Member Ting

February 5, 2013


An actbegin insert to add Sections 17053.15 and 23683 to the Revenue and Taxation Code,end insert relating to taxationbegin insert, to take effect immediately, tax levyend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 232, as amended, Ting. begin deletePersonal income end deletebegin insertIncome end inserttaxes: credits: gun buybacks.

The Personal Income Tax Lawbegin delete authorizesend deletebegin insert and the Corporation Tax Law allowend insert various credits against the taxes imposed bybegin delete that lawend deletebegin insert those lawsend insert.

begin insert

This bill, for taxable years beginning on or after January 1, 2014, would allow a credit against the taxes imposed under the Personal Income Tax Law in an amount equal to a specified amount for a handgun, shotgun, rifle, or assault weapon in working condition that is surrendered or sold to local law enforcement in a gun buyback program during the taxable year, not to exceed $1,000 per taxable year.

end insert
begin insert

This bill, for taxable years beginning on or after January 1, 2014, would allow a credit against the taxes imposed under the Corporation Tax Law in an amount equal to the monetary amount contributed during the taxable year by a taxpayer to a gun buyback program administered by local law enforcement, not to exceed $1,000 per taxable year.

end insert
begin insert

This bill would take effect immediately as a tax levy.

end insert
begin delete

This bill would state the intent of the Legislature to enact legislation that would create the California Gun Buyback Incentive Program, which would consist of legislation authorizing a personal income tax credit for persons who voluntarily surrender a firearm or large capacity magazine to a local government entity that is conducting a gun buyback program.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 17053.15 is added to the end insertbegin insertRevenue and
2Taxation Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert17053.15.end insert  

(a) (1) For each taxable year beginning on or after
4January 1, 2014, there shall be allowed as a credit against the
5“net tax,” as defined in Section 17039, an amount equal to the
6amount described in paragraph (2) for a handgun, shotgun, rifle,
7or assault weapon in working condition that is surrendered or
8sold to local law enforcement in a gun buyback program during
9the taxable year, not to exceed one thousand dollars ($1,000) per
10taxable year.

11(2) The amount of credit allowed under this section is as follows:

12(A) Five hundred dollars per handgun, shotgun, or rifle that is
13in working condition.

14(B) One thousand dollars per assault weapon that is in working
15condition.

16(b) The taxpayer shall keep a record of the type of handgun,
17shotgun, rifle, or assault weapon surrendered or sold to local law
18enforcement in a buyback program, the number surrendered or
19sold, the name, address, and date of the buyback program or any
20other information the Franchise Tax Board may prescribe by
21regulation. This record shall be furnished to the Franchise Tax
22Board upon request.

23(c) In the case where the credit allowed by this section exceeds
24the “net tax,” the excess may be carried over to reduce the “net
25tax” in the succeeding two years if necessary, until the credit has
26been exhausted.

27(d) (1) The Franchise Tax Board shall promulgate rules and
28regulations as necessary or appropriate to implement this section.

29(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of
30Division 3 of Title 2 of the Government Code does not apply to
31any rules or regulations established or issued by the Franchise
32Tax Board pursuant to this section.

end insert
P3    1begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 23683 is added to the end insertbegin insertRevenue and Taxation
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert23683.end insert  

(a) For each taxable year beginning on or after
4January 1, 2014, there shall be allowed as a credit against the
5“tax,” as defined in Section 23036, an amount equal to the
6monetary amount contributed during the taxable year by a taxpayer
7to a gun buyback program administered by local law enforcement,
8not to exceed one thousand dollars ($1,000) per taxable year.

9(b) The taxpayer shall keep a record of the monetary amount
10contributed, the date of contribution, and the name, address, and
11date of the buyback program, or any other information the
12Franchise Tax Board may prescribe by regulation. This record
13shall be furnished to the Franchise Tax Board upon request.

14(c) In the case where the credit allowed by this section exceeds
15the “tax,” the excess may be carried over to reduce the “tax” in
16the succeeding two years if necessary, until the credit has been
17exhausted.

18(d) (1) The Franchise Tax Board shall promulgate rules and
19regulations as necessary or appropriate to implement this section.

20(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of
21Division 3 of Title 2 of the Government Code does not apply to
22any rules or regulations established or issued by the Franchise
23Tax Board pursuant to this section.

end insert
24begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

This act provides for a tax levy within the meaning of
25Article IV of the Constitution and shall go into immediate effect.

end insert
begin delete
26

SECTION 1.  

It is the intent of the Legislature to enact
27legislation that would create the California Gun Buyback Incentive
28Program, which would consist of legislation that authorizing a
29personal income tax credit for persons who voluntarily surrender
30a firearm or large capacity magazine to a local government entity
31that is conducting a gun buyback program.

end delete


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