Amended in Assembly May 6, 2013

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 addbegin delete Sectionsend deletebegin insert and repeal Sectionend insert 17053.15begin delete and 23683 toend deletebegin insert ofend insert 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:begin delete credits:end deletebegin insert credit:end insert gun buybacks.

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

This bill, for taxable years beginning on or after January 1, 2014,begin insert and before January 1, 2017,end insert 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 either surrendered without consideration or sold to local law enforcement in a gun buyback program during the taxable year, not to exceedbegin delete $5,000end deletebegin insert $1,000end insert per taxable year.

begin delete

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 $10,000 per taxable year.

end delete

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,begin insert and before January 1, 2017,end insert there shall be allowed
5as a credit against the “net tax,” as defined in Section 17039, an
6amount equal to the amount described in paragraph (2) for a
7handgun, shotgun, rifle, or assault weapon in working condition
8that is either surrendered without consideration or sold to local
9law enforcement in a gun buyback program during the taxable
10year, not to exceedbegin delete fiveend deletebegin insert oneend insert thousand dollarsbegin delete ($5,000)end deletebegin insert ($1,000)end insert
11 per taxable year.

12(2) The amount of credit allowed under this section is as follows:

13(A) begin deleteFive end deletebegin insertTwoend insertbegin insert end inserthundredbegin insert fiftyend insert dollarsbegin delete ($500)end deletebegin insert ($250)end insert per handgun,
14shotgun, or rifle that is in working condition.

15(B) begin deleteOne thousand dollars ($1,000) end deletebegin insertFive hundred dollars ($500)end insert
16 per assault weapon that is in working condition.

17(b) The taxpayer shall keep a record of the type of handgun,
18shotgun, rifle, or assault weapon surrendered or sold to local law
19enforcement in a buyback program, the number surrendered or
20sold, the name, address, and date of the buyback program or any
21other information the Franchise Tax Board may prescribe by
22regulation. This record shall be furnished to the Franchise Tax
23Board upon request.

24(c) In the case where the credit allowed by this section exceeds
25the “net tax,” the excess may be carried over to reduce the “net
26tax” in the succeeding two years if necessary, until the credit has
27been exhausted.

28(d) This credit shall be in lieu of any other credit or deduction
29that the taxpayer may otherwise claim pursuant to this part with
30respect to the surrender without consideration of a handgun,
31shotgun, rifle, or assault weapon.

32(e) (1) The Franchise Tax Board may promulgate rules and
33regulations as necessary or appropriate to implement this section.

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.

begin insert

5(f) This section shall remain in effect only until December 1,
62017, and as of that date is repealed.

end insert
begin delete7

SEC. 2.  

Section 23683 is added to the Revenue and Taxation
8Code
, to read:

9

23683.  

(a) For each taxable year beginning on or after January
101, 2014, there shall be allowed as a credit against the “tax,” as
11defined in Section 23036, an amount equal to the monetary amount
12contributed during the taxable year by a taxpayer to a gun buyback
13program administered by local law enforcement, not to exceed ten
14thousand dollars ($10,000) per taxable year.

15(b) The taxpayer shall keep a record of the monetary amount
16contributed, the date of contribution, and the name, address, and
17date of the buyback program, or any other information the
18Franchise Tax Board may prescribe by regulation. This record
19shall be furnished to the Franchise Tax Board upon request.

20(c) In the case where the credit allowed by this section exceeds
21the “tax,” the excess may be carried over to reduce the “tax” in
22the succeeding two years if necessary, until the credit has been
23exhausted.

24(d) This credit shall be in lieu of any other credit or deduction
25that the taxpayer may otherwise claim pursuant to this part with
26respect to the monetary amount that is contributed.

27(e) (1) The Franchise Tax Board may 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 Tax
32Board pursuant to this section.

end delete
33

begin deleteSEC. 3.end delete
34begin insertSEC. 2.end insert  

This act provides for a tax levy within the meaning of
35Article IV of the Constitution and shall go into immediate effect.



O

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