BILL NUMBER: AB 362 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 21, 2013
AMENDED IN ASSEMBLY APRIL 2, 2013
INTRODUCED BY Assembly Member Ting
( Coauthor: Assembly Member
Gordon )
FEBRUARY 14, 2013
An act to add and repeal Section 17141 to
of the Revenue and Taxation Code, relating to
taxation, to take effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
AB 362, as amended, Ting. Personal income taxes: exclusion: health
insurance.
The Personal Income Tax Law imposes taxes based upon gross income,
and defines gross income as all income from whatever source derived,
unless specifically excluded.
This bill , until January 1, 2019, would also exclude
from gross income any amount received by an employee from an employer
to reimburse compensate for specified
federal income taxes paid tax liability
incurred by the employee.
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:
SECTION 1. Section 17141 is added to the Revenue and Taxation
Code, to read:
17141. (a) Gross income shall not include
any amount received by an employee from an employer to
reimburse compensate for the additional federal
income taxes paid tax liability incurred
by the employee because, for federal income tax purposes, the
same-sex spouse or domestic partner of the employee is not considered
the spouse of the employee under Section 105(a) or Section 106(a) of
the Internal Revenue Code, including any reimbursement of
compensation for the additional federal income
taxes paid tax liability incurred with
respect to those amounts.
(b) This section shall remain in effect only until January 1,
2019, and as of that date is repealed.
SEC. 2. This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.