Amended in Assembly April 2, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 232


Introduced by Assembly Member Ting

February 5, 2013


An act to add Sections 17053.15 and 23683 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.

LEGISLATIVE COUNSEL’S DIGEST

AB 232, as amended, Ting. Income taxes: credits: gun buybacks.

The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws.

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 isbegin insert eitherend insert surrenderedbegin insert without considerationend insert or sold to local law enforcement in a gun buyback program during the taxable year, not to exceedbegin delete $1,000end deletebegin insert $5,000end insert per taxable year.

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 exceedbegin delete $1,000end deletebegin insert $10,000end insert per taxable year.

This bill would take effect immediately as a tax levy.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 17053.15 is added to the Revenue and
2Taxation Code
, to read:

3

17053.15.  

(a) (1) For each taxable year beginning on or after
4January 1, 2014, there shall be allowed as a credit against the “net
5tax,” as defined in Section 17039, an amount equal to the amount
6described in paragraph (2) for a handgun, shotgun, rifle, or assault
7weapon in working condition that isbegin insert eitherend insert surrenderedbegin insert without
8considerationend insert
or sold to local law enforcement in a gun buyback
9program during the taxable year, not to exceedbegin delete oneend deletebegin insert fiveend insert thousand
10dollarsbegin delete ($1,000)end deletebegin insert ($5,000)end insert per taxable year.

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

12(A) Five hundred dollars ($500) per handgun, shotgun, or rifle
13that is in working condition.

14(B) One thousand dollars ($1,000) per assault weapon that is in
15working condition.

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.

begin insert

27(d) This credit shall be in lieu of any other credit or deduction
28that the taxpayer may otherwise claim pursuant to this part with
29respect to the surrender without consideration of a handgun,
30shotgun, rifle, or assault weapon.

end insert
begin delete

31(d)

end delete

32begin insert(e)end insert (1) The Franchise Tax Boardbegin delete shallend deletebegin insert mayend insert promulgate rules
33and regulations as necessary or appropriate to implement this
34section.

P3    1(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of
2Division 3 of Title 2 of the Government Code does not apply to
3any rules or regulations established or issued by the Franchise Tax
4Board pursuant to this section.

5

SEC. 2.  

Section 23683 is added to the Revenue and Taxation
6Code
, to read:

7

23683.  

(a) For each taxable year beginning on or after January
81, 2014, there shall be allowed as a credit against the “tax,” as
9defined in Section 23036, an amount equal to the monetary amount
10contributed during the taxable year by a taxpayer to a gun buyback
11program administered by local law enforcement, not to exceedbegin delete oneend delete
12begin insert tenend insert thousand dollarsbegin delete ($1,000)end deletebegin insert ($10,000)end insert per taxable year.

13(b) The taxpayer shall keep a record of the monetary amount
14contributed, the date of contribution, and the name, address, and
15date of the buyback program, or any other information the
16Franchise Tax Board may prescribe by regulation. This record
17shall be furnished to the Franchise Tax Board upon request.

18(c) In the case where the credit allowed by this section exceeds
19the “tax,” the excess may be carried over to reduce the “tax” in
20the succeeding two years if necessary, until the credit has been
21exhausted.

begin insert

22(d) This credit shall be in lieu of any other credit or deduction
23that the taxpayer may otherwise claim pursuant to this part with
24respect to the monetary amount that is contributed.

end insert
begin delete

25(d)

end delete

26begin insert(e)end insert (1) The Franchise Tax Boardbegin delete shallend deletebegin insert mayend insert promulgate rules
27and regulations as necessary or appropriate to implement this
28section.

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 Tax
32Board pursuant to this section.

33

SEC. 3.  

This act provides for a tax levy within the meaning of
34Article IV of the Constitution and shall go into immediate effect.



O

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