BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 653
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          Date of Hearing:  June 24, 2013

                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
                                Raul Bocanegra, Chair

                 AB 653 (V. Manuel Perez) - As Amended:  May 6, 2013
           
           2/3 vote.  Urgency.  Fiscal committee.

           SUBJECT  :  Economic Development

           SUMMARY  :  Establishes the California Innovation and Jobs Act,  
          which creates a sales and use tax (SUT) exemption for purchases  
          of manufacturing equipment, increases the amount of the research  
          and development (R&D) tax credit, authorizes a new tax credit  
          for private investments in postsecondary institutions, and  
          codifies the California Innovation Hub (iHub) Program.   
          Specifically, the tax-related provisions of this bill  :  

          1)Exempt from SUT "qualified tangible personal property" (TPP)  
            used by a "qualified person" for use primarily in  
            manufacturing, processing, refining, fabricating, or recycling  
            of TPP.

          2)Define "qualified TPP" to include all of the following:

             a)   Machinery and equipment, including component parts and  
               contrivances such as belts, shafts, moving parts, and  
               operating structures;

             b)   Equipment or devices used or required to operate,  
               control, regulate, or maintain the machinery and equipment  
               including, without limitation, computers, data-processing  
               equipment, and computer software, together with all repair  
               and replacement parts with a useful life of one or more  
               years;

             c)   Special purpose building and foundations, as specified;  
               and,

             d)   TPP used in recycling.

          3)Define a "qualified person" as any of the following:

             a)   A person primarily engaged in those lines of business  








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               classified in Industry Groups Codes 3111 to 3399,  
               inclusive, Industry Groups 5112, Industry Groups 21119, or  
               541711 of the North American Industry Classification System  
               (NAICS) published by the United States (U.S.) Office of  
               Management and Budget, 2007 Edition; or,

             b)   An affiliate of a person who is a qualified person  
               described above, as specified.

          4)Provide that the SUT exemption shall not apply with respect to  
            any tax levied by a county, city, or district under the  
            Bradley-Burns Uniform SUT Law or the Transactions and Use Tax  
            Law;

          5)Provide for an increased rate of the R&D tax credit under the  
            Personal Income Tax (PIT) Law, as follows:

             a)   18% beginning on or after January 1, 2014, and before  
               January 1, 2015.

             b)   21% beginning on or after January 1, 2015, and before  
               January 1, 2016.

             c)   24% beginning on or after January 1, 2016, and before  
               January 1, 2017.

             d)   27% beginning on or after January 1, 2017, and before  
               January 1, 2018.

             e)   30% beginning on or after January 1, 2018.

          6)Provide for an increased rate of the R&D tax credit applied to  
            qualified research expenses, under the Corporate Tax (CT) Law,  
            as follows:

             a)   25% beginning on or after January 1, 2015, and before  
               January 1, 2016.

             b)   30% beginning on or after January 1, 2016, and before  
               January 1, 2017.

             c)   35% beginning on or after January 1, 2017, and before  
               January 1, 2018.

             d)   40% beginning on or after January 1, 2018.








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          7)Provide for an increased rate of the R&D credit applied to  
            basic research payments, under the CT Law, as follows:

             a)   29% beginning on or after January 1, 2014, and before  
               January 1, 2015.

             b)   34% beginning on or after January 1, 2015, and before  
               January 1, 2016.

             c)   39% beginning on or after January 1, 2016, and before  
               January 1, 2017.

             d)   40% beginning on or after January 1, 2017, and before  
               January 1, 2018.

          8)Decrease the R&D credit applied to basic research payments  
            from 40% to 25%, under the CT law, beginning on or after  
            January 1, 2018.

          9)Establish a tax credit equal to 25% of the "qualified  
            contributions" made by a "qualified taxpayer" during the  
            taxable year.

          10)Define a "qualified contribution" as a monetary contribution  
            made by a business entity to a regionally accredited  
            postsecondary educational institution for either:

             a)   Curriculum or research leading to job opportunities in  
               the private sector; or,

             b)   Consultation services associated with the establishment  
               of curriculum or research leading to job opportunities in  
               the private sector.

          11)Define a "qualified taxpayer" as a business entity that makes  
            a qualified contribution to a postsecondary educational  
            institution. 

          12)Provide that the business entity and the postsecondary  
            educational institution must agree that there is a substantial  
            potential for the future employment of students as a result of  
            the contribution.

          13)Require the postsecondary educational institution to provide  








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            the taxpayer with a tax credit certificate that the taxpayer  
            can use to document the contribution.

          14)Require the postsecondary educational institution to provide  
            the Franchise Tax Board (FTB) with a list of taxpayers that  
            made a contribution and were issued a tax credit certificate.

           EXISTING FEDERAL LAW  :

          1)Allows taxpayers engaged in a trade or business to deduct all  
            of the ordinary and necessary business expenses incurred.

          2)Allows a R&D tax credit that is combined with several other  
            credits to form the general business credit.  The R&D credit  
            is designed to encourage companies to increase their R&D  
            activities.   

          3)Specifies that the R&D credit is equal to 20% of the qualified  
            research expenses that exceed the base year amount, as  
            defined, plus 20% of the amount paid or incurred during the  
            taxable year on research undertaken by an energy research  
            consortium.

          4)Defines "base year amount" as the product of the average  
            annual gross receipt of the taxpayer for the four taxable  
            years preceding the taxable year the credit is earned times a  
            fixed percentage, but under no circumstances may the base year  
            amount be less than 50% of the qualified research for the  
            taxable year. 

          5)Authorizes an additional credit to corporate taxpayers equal  
            to 20% of expenses paid to fund "basic research" at  
            universities and certain nonprofit scientific research  
            organizations. 

          6)States that a taxpayer was allowed, prior to January 1, 2009,  
            to elect an alternative incremental research credit for  
            determining its R&D credit.  The current federal percentages  
            are 3%, 4%, and 5%.  

          7)Allows an alternative simplified credit equal to 14% of  
            research expenses that exceed 50% of the average research  
            costs for the three preceding taxable year. 

          8)Specifies that, in order to qualify for the R&D credit,  








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            research expenses must qualify as an expense or be subject to  
            amortization, be conducted in the U.S. and be paid by the  
            taxpayer. 

          9)Provides that "qualified research" is research that is:

             a)   Undertaken to discover information that is technological  
               in nature; 

             b)   Primarily involves experimentation related to quality or  
               to a new or improved function or performance; and, 

             c)   Its application will be useful in developing new or  
               improved business components for the taxpayer.

          10)Allows deductions for monetary charitable contributions or  
            gifts or property to qualified organizations formed for  
            religious, charitable, educational, scientific, or literary  
            purposes.  A charitable contribution is defined as a  
            contribution or gift made exclusively for public purposes.  

          11)Imposes limitations on the amount of deduction for individual  
            charitable contributions, depending on the individual's  
            adjusted gross income and the amount of contributions, the  
            types of organizations that receive the donations, and the  
            type of property donated.

           EXISTING STATE LAW  :

          1)Imposes sales tax on retailers for the privilege of selling  
            TPP, absent a specified exemption.  The tax is based upon the  
            retailer's gross receipts from TPP sales in this state.

          2)Imposes a complementary use tax on the storage, use, or other  
            consumption in this state of TPP purchased from any retailer.   
            The use tax is imposed on the purchaser, and unless the  
            purchaser pays the use tax to a retailer registered to collect  
            the California use tax, the purchaser remains liable for the  
            tax, unless the use is exempted.  The use tax is set at the  
            same rate as the state's sales tax and must be remitted to the  
            State Board of Equalization (BOE).

          3)Allows various tax credits designed to either provide tax  
            relief for taxpayers who incur certain expenses or to  
            influence taxpayers' behavior.  








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          4)Conforms California to the federal R&D credit but with the  
            following modifications:

             a)   The state R&D credit is not combined with other business  
               credits.

             b)   Both "qualified research" and "basic research" must be  
               undertaken in California.

             c)   The credit percentage for increasing qualified research  
               activities in California is 15%.

          5)Provides an alternative credit of 24% (versus the 20% federal  
            credit) for "basic research", available for "C" corporations  
            only.

          6)Sets the percentages for the alternative incremental research  
            portion of the credit lower than those of the federal credit. 

          7)Allows the R&D credit, which is permanent, for taxable years  
            beginning on or after January 1, 1987. 

          8)Allows taxpayers that are members of a combined reporting  
            group to make a one-time irrevocable assignment of eligible  
            credits to another member.  However, the assigned credits may  
            be utilized to reduce tax only for taxable years beginning on  
            or after January 1, 2010.

           FISCAL EFFECT  :  The FTB and the BOE have provided the following  
          revenue estimates:

           ----------------------------------------------------------------- 
          |               Estimated Revenue Impact of AB 653                |
          |                         ($ in Millions)                         |
           ----------------------------------------------------------------- 
          |----------------+----------------+----------------+----------------|
          |                |    2013-14     |    2014-15     |    2015-16     |
          |----------------+----------------+----------------+----------------|
          |Research Credit |      -$32      |     -$150      |     -$300      |
          |Provision       |                |                |                |
          |----------------+----------------+----------------+----------------|
          |Contribution    |      -$85      |     -$210      |     -$270      |
          |Credit          |                |                |                |
          |Provision       |                |                |                |








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          |----------------+----------------+----------------+----------------|
          |SUT Exemption   |    (6 month    |    -$1,125     |    -$1,202     |
          |Provision       |    impact)     |                |                |
          |                |     -$524      |                |                |
          |----------------+----------------+----------------+----------------|
          |Total           |     -$641      |    -$1,485     |-$1,772         |
           ------------------------------------------------------------------- 

           COMMENTS  :   

          1)The author has provided the following statement in support of  
            this bill:

               The State of California was once regarded as the gold  
               standard of innovation and a leader of disruptive trends  
               and technologies that quite literally transformed the  
               world. It was California that gave rise to the personal  
               computer (Apple and Hewlett-Packard), the counter culture  
               (Berkeley) and ground breaking software-based platforms  
               (Google, Facebook, eBay and Amazon). Today, the state is  
               suffering from an economic malaise. In numerous surveys,  
               California is consistently ranked as having a poor business  
               climate. 

               AB 653 proposes a coordinated economic revitalization  
               strategy that not only leverages the state's  
               entrepreneurial knowhow, but also incentivizes businesses  
               to risk their capital to develop and improve the next  
               generation of cutting edge technologies. It is time to  
               begin the process of developing an economic strategy that  
               focuses on California's greatest asset: our ability to  
               innovate.

          2)Proponents of this measure state that "AB 653 provides an  
            excellent model to bring [innovation, competition, and  
            education] together and help ensure that California remains  
            the preeminent location for innovation in the biomedical  
            field."  The proponents argue that California's position as  
            the global leader is endangered because "California is one of  
            the few states that charges sales tax on the purchase of  
            equipment used in manufacturing or R&D.  Further,  
            manufacturers frequently cite high taxes and few incentives as  
            reasons for not locating in the state.  AB 653 addresses these  
            issues, and if passed, will ultimately strengthen and enhance  
            California's status as a global leader."  Additionally, "[a]  








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            February 2011 report by McKinsey & Company estimates that over  
            the next decade, the U.S. will face a labor shortage of nearly  
            two million technical and analytical workers.  Giving  
            businesses the incentive to train these workers, as provided  
            in AB 653, will ensure California has an adequate labor supply  
            needed in a changing global economy."

          3)Opponents of this measure state that although they "appreciate  
            that AB 653 excludes the Bradley-Burns and local transactions  
            and use components of the tax, the bill still uses local  
            agency money to incentivize that activity.  Specifically  
            "[c]ounties receive as much as 3.3125 cents, or almost 45  
            percent, of the revenue that sales tax generates, depending on  
            where the sale takes place?.  If favoring these purchases is  
            an issue of statewide concern, as passing this bill would  
            indicate, then the state should use statewide revenues to  
            reimburse counties and other local agencies for their losses,  
            as provided by statute?."

           4)What is a "tax expenditure"?  :  Existing law provides various  
            credits, deductions, exclusions, and exemptions for particular  
            taxpayer groups.  In the late 1960s, U.S. Treasury officials  
            began arguing that these features of the tax law should be  
            referred to as "expenditures," since they are generally  
            enacted to accomplish some governmental purpose and there is a  
            determinable cost associated with each (in the form of  
            foregone revenues).  This bill would enact new tax expenditure  
            programs in the form of a SUT exemption for manufacturing  
            equipment, and a new tax credit for private investments in  
            postsecondary institutions, and would increase the applicable  
            R&D tax credit percentages.

           5)How is a tax expenditure different from a direct expenditure? :  
             As the Department of Finance notes in its annual Tax  
            Expenditure Report, there are several key differences between  
            tax expenditures and direct expenditures.  First, tax  
            expenditures are reviewed less frequently than direct  
            expenditures once they are put in place.  This can offer  
            taxpayers greater certainty, but it can also result in tax  
            expenditures remaining a part of the tax code without  
            demonstrating any public benefit.  Second, there is generally  
            no control over the amount of revenue losses associated with  
            any given tax expenditure.  Finally, it should also be noted  
            that, once enacted, it takes a two-thirds vote to rescind an  
            existing tax expenditure absent a sunset date.  This bill does  








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            not include a sunset date for any of the provisions increasing  
            or creating new tax expenditures.  The author may wish to  
            include a sunset date on all of the provisions of this bill.

           6)Is the proposed SUT exemption for business inputs good tax  
            policy?  :  Businesses currently pay about one-third of the  
            state's SUT.  A business pays SUT when it is considered to be  
            the final consumer of TPP.  Any SUT paid by a business will be  
            factored into the prices it charges for goods, which, in turn,  
            may be subject to taxation.  This results in a consumer paying  
            a tax on a tax, i.e., pyramiding, which makes the overall tax  
            system less transparent.  Requiring a business in California  
            to pay SUT on their manufacturing equipment also increases the  
            cost of production and places the state at a competitive  
            disadvantage, especially since other states provide an  
            exemption for certain manufacturing equipment.  Nearly all  
            economists and tax experts agree that taxing manufacturing  
            equipment represents poor tax policy.

            On March 23, 2009, this Committee held an informational  
            hearing on "Tax Policy in a Time of Economic Crisis," where  
            presenters unanimously agreed that it would be sound tax  
            policy to eliminate the SUT on most business purchases.   
            However, the revenue loss associated with the complete  
            elimination of the SUT can be anywhere between a few hundred  
            million to over a billion dollars, depending on the scope of  
            the exemption.  Because of this, Dr. Charles McClure, a Senior  
            Fellow with the Hoover Institute, stated during the  
            Committee's March 23rd hearing that the SUT base should be  
            expanded and the rate should be increased to compensate for  
            the loss in revenues accompanying a manufacturing exemption.

           7)Will the SUT exemption lead to job growth?  :  Prior to January  
            1, 2004, California had a similar tax incentive known as the  
            Manufacturer's Incentive Credit (MIC).  The MIC was created in  
            response to the state's economic downturn during the late 80s  
            and early 90s.  During this time, the state lost about 300,000  
            jobs and had a 45% reduction in aerospace alone.  The MIC  
            expired on January 1, 2004 after the Employment Development  
            Department (EDD) found that jobs on the preceding January 1  
            did not exceed the total manufacturing jobs in California on  
            January 1, 1994 by more than 100,000.  The EDD stated that  
            from January 1, 1994 to January 1, 2002, the total net  
            increase in manufacturing employment was 35,150.









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           8)R&D credit background  :  California enacted the credit for  
            research expenses in 1987 as part of two general federal tax  
            conformity bills [AB 1172 (Klehs), Chapter 1138, Statutes of  
            1987 and SB 572 (Garamendi), Chapter 1139, Statutes of 1987].   
            The original credit percentage was 8% of qualified research  
            expenses.  Since that time, the California R&D credit rate was  
            amended several times and, finally, was increased from 12% to  
            15% in 2000 [AB 511 (Alquist), Chapter 107, Statutes of 2000].  
              The alternative incremental computation of the R&D credit  
            was adopted in 1997 [AB 1042 (Wayne), Chapter 613, Statutes of  
            1997] and was subsequently amended to reflect the changes to  
            the California research credit percentage [AB 2798 (Machado),  
            Chapter 323, Statutes of 1998].  Unlike the federal R&D  
            credit, the California R&D credit is permanent.

           9)What does the R&D credit provision do?  :  Under the PIT Law,  
            the R&D credit provision of this bill would incrementally  
            increase the credit percentage applied to qualified research  
            expenses in excess of the base amount from 15% to 30%.  The  
            increase will occur over a five-year period beginning on  
            January 1, 2014.  Under the CT Law, the credit percentage  
            applied to qualified research expenses would be incrementally  
            increased from 15% to 40% over a five-year period beginning on  
            January 1, 2014.  

            Additionally, under the CT Law, the R&D provision would  
            increase the credit percentage applied to basic research from  
            24% to 40%.  The increase would occur at a rate of 5% for  
            three years and an increase of 1% for the last year.  For  
            taxable years beginning on or after January 1, 2018, the  
            credit percentage applied for basic research will be reduced  
            from 40% to 25%.  
                
            10)The R&D credit  :  There are two main purposes for the federal  
            and California R&D credit.  First, it is intended to reduce  
            the after-tax cost of R&D investments, which is expected to  
            lead to an increase in R&D activity and to encourage taxpayers  
            to conduct R&D in the U.S. rather than in another country.   
            Similarly, the California R&D credit is designed to increase  
            R&D activity and to encourage manufacturing related to R&D to  
            be undertaken in California rather than elsewhere.  The  
            California's R&D credit provides a powerful incentive for  
            firms to conduct R&D in this state because of its high credit  
            percentages that exceed that of other states and because it is  
            permanent.  This credit, unlike many other tax incentives,  








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            does not serve as a reward for past behavior since it could  
            only be claimed for incremental increases in the taxpayer's  
            research activity.  As explained by the Joint Committee on  
            Taxation's Report, "incremental credits attempt not to reward  
            projects that would have been undertaken in any event but to  
            target incentives to marginal projects."  (Joint Committee on  
            Taxation, Description of Revenue Provisions Contained in the  
            President's Fiscal Year 2010 Budget Proposal, Part Two:   
                                 Business Tax Provisions, JCS-3-09, p. 17).  It is impossible,  
            however, to determine which projects would be undertaken  
            without the credit, and thus, "most incremental credit  
            proposals rely on some measure of the taxpayer's previous  
            experience as a proxy for a taxpayer's total qualified  
            expenditures in the absence of a credit", i.e. "a base  
            amount." (Id., p.18).   Nonetheless, the incentive effects of  
            incremental credits per dollar of revenue loss can be many  
            times larger than those of a flat credit.

          The California R&D credit is believed to create additional R&D  
            jobs in the state which, arguably, are more desirable than  
            jobs in other industries.  It also allows other California  
            businesses to adopt innovations developed locally more rapidly  
            than innovations developed elsewhere.  As explained by the  
            FTB, the advantage to California "may come through something  
            economists call economies of agglomeration," which can be  
            described as the benefits several firms receive when locating  
            in close proximity.  (California Income Tax Expenditures,  
            Compendium of Individual Provisions, Updated December 2009,  
            FTB, p.17).  Specifically, cost of production may  
            significantly decline because there is a greater chance for  
            specialization and division of labor.  If this is the case,  
            many California businesses, not just those receiving this  
            credit, will gain an advantage over their rivals in other  
            states.  

          11)Why subsidize R&D?  :  Positive externalities are benefits  
            resulting from an economic activity that are enjoyed by third  
            parties.  It is a benefit that is not received directly by the  
            seller or the buyer.  California's R&D credit creates a number  
            of positive externalities such as reducing the costs of other  
            firms' innovative activity, and providing newer, better, and  
            less expensive products to the market.  (Bronwyn Hall and  
            Marta Wosinka, The California R&D Tax Credit:  Description,  
            History, and Economic Analysis, June 1999).  For example,  
            research conducted by a bio company may lead to the new  








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            medication, which can increase sales, but the benefits may  
            also include an overall healthier population.  Because the bio  
            company does not necessarily receive a direct benefit from  
            having a healthier population, it may limit itself from  
            conducting additional R&D even though a greater amount of  
            research would be better for society.  If this is the case,  
            the state can choose several avenues to encourage additional  
            research.  The most common types are subsidies and mandates.  

            In a supply and demand model, the supply curve can be thought  
            of as marginal cost and the demand curve can be thought of as  
            marginal benefit.  Equilibrium is reached where the marginal  
            cost equals marginal benefit.  Everything to the left of the  
            equilibrium point and between the marginal benefit and  
            marginal cost curves is a benefit to society because the  
            marginal benefit is greater than the marginal cost.  However,  
            in terms of R&D, the marginal benefit curve of a firm  
            investing in research may not necessarily capture the positive  
            externalities received by society.  Because of this, a company  
            may choose to curtail R&D investment.  Ideally, society would  
            want the private marginal benefit curve to be the same as  
            society's marginal benefit curve.  The disparity can be  
            thought of as a "market failure," because the amount of  
            research conducted by individual firms is less than what is  
            needed to capture the additional marginal benefits enjoyed by  
            society.  This could be remedied by providing a subsidy to a  
            researching firm, which federal and state governments already  
            provide.  The subsidy will lower the cost of production and  
            increasing the amount of research conducted by a firm.  The  
            subsidy works so long as investment is increased up to the  
            point where the marginal social benefit equals marginal cost.   
            Assuming current investment in research is less than the  
            optimal level, increasing the R&D tax credit can provide a  
            larger benefit to society than the cost of the subsidy.  

            It should also be noted that not all R&D activity provides the  
            same level of positive externalities.  In other words, the  
            benefits received by society from increased research in  
            medicine are probably greater than the benefits received from  
            other forms of research.  According to the Legislative  
            Analyst's Office (LAO), the following sectors claimed more  
            than $100 million per year in credits:  computer and  
            peripheral equipment manufacturing, communications equipment  
            manufacturing, semiconductor and other electronic component  
            manufacturing, pharmaceuticals and medicine manufacturing, and  








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            software publishers.  The subsidy may be better utilized by  
            focusing the tax credit on industries that provide the  
            greatest benefit to California.  

           12)Should the R&D credit be increased?  :  As noted above, the  
            quantity of R&D is optimal at the point where marginal social  
            benefit equals marginal cost.  According to the Joint  
            Committee on Taxation, "there is evidence that the current  
            level of research undertaken in the United States, and  
            worldwide, is too little to maximize society's well-being."   
            (JCS-3-09, p. 11).  However, the report also explained that  
            "it is difficult to determine whether, at the present levels  
            and allocation or additional tax benefits for research would  
            increase or decrease overall economic efficiency."  Id.   
            Additionally, the purpose of the California R&D credit has  
            less to do with capturing the positive externalities and  
            spillovers associated with R&D and more to do with simply  
            bringing R&D research to California.  Because barriers  
            preventing the flow of information across state lines are  
            virtually non-existent, encouraging companies to conduct  
            research in California may not necessarily confine the  
            benefits of that research in the state.  (California R&D Tax  
            Credit, p. 4).  It may be possible that the manufacturing  
            developed from research conducted in California will take  
            place in other states. 

            It has, however, been reported that state R&D credits are,  
            indeed, effective at increasing R&D in the state.  (D. Wilson,  
            Beggar thy Neighbor?  The In-State, Out-of-State, and  
            Aggregate Effects of R&D Tax Credits, Federal Reserve Bank of  
            San Francisco, January 2008).  Specifically, it has been found  
            that a 1% point increase in a state's effective R&D credit  
            rate leads, in the long run, to a 3%-4% in R&D spending within  
            the state.  (Id., pp. 14-15).   However, the study has shown  
            that nearly all of this R&D increase "comes at the expense of  
            reduced R&D spending in other states," such that R&D  
            nationwide, essentially, has remained unchanged.  (Id).   
            Undoubtedly, it is easier for some R&D firms to move their  
            activity to California than it would be for them to move it to  
            another country.  Thus, a California credit appears to be  
            necessary for the state to remain competitive with other  
            states in attracting and maintaining research and development  
            business activity, which not only creates desirable jobs but  
            also allows other California businesses to adopt innovations  
            developed locally more rapidly.








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            Accepting the notion that additional state subsidies for  
            research are warranted, California's budgetary limitations  
            need to be taken into account.  There are various private  
            transactions among individuals that create positive  
            externalities, (e.g. education, healthcare, technology) but  
            California's limited budget allows for only so much in  
            subsidies.  It is true that additional R&D could increase the  
            benefits California receives from medical research, but it can  
            also receive such benefits by investing directly in  
            educational institutions.  Additionally, the Committee may  
            wish to consider whether the benefits of the marginal increase  
            in the amount of California research activities outweigh the  
            costs of reduced state funding for other important public  
            services.  In 2003, The LAO prepared an overview of the  
            California R&D Tax Credit and suggested that no further  
            expansion of the state R&D tax credit occur without convincing  
            evidence that it is warranted.  The LAO further recommended  
            that the Legislature consider reducing the credit or phasing  
            it out over time, especially in light of the substantial  
            direct revenue losses of the existing R&D tax credit and the  
            state's budgetary position.
                
          13)Postsecondary Institutions Credit  :  This bill provides a 25%  
            tax credit of the amount of a contribution that is made by a  
            qualified taxpayer in a taxable year to a postsecondary  
            institution for a) research or curriculum leading to job  
            opportunities in the private sector; or, b) consultation  
            services associated with the establishment of curriculum or  
            research leading to job opportunities in the private sector.   
            Both the postsecondary educational institution and the  
            business entity must agree that there is a substantial  
            potential for future employment from the contribution. 

           14)Broad and Unrestricted  :  The scope of the contribution credit  
            provision fails to define a number of terms and is incredibly  
            broad in its application.  Most of all, the test for assessing  
            whether a contribution will lead to future jobs is exclusively  
            within the discretion of the party making the contribution and  
            the postsecondary institution receiving the contribution.  It  
            seems unlikely that either one of these parties would ever  
            conclude that a contribution does not meet the broad  
            definition of this provision since both parties have a  
            financial incentive to complete the transaction:  the  
            institution receives private funds and the business entity  








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            receives a 25% tax credit.

            The contribution tax credit provision may also apply to a  
            number of unforeseen circumstances.  For instance, since the  
            provision of this bill does not define a "postsecondary  
            institution," it may be possible for funds to be contributed  
            to a for-profit university with minimal accreditation.  It may  
            also be possible, under the provisions of this bill, for a  
            business entity to contract with a for-profit university to  
            conduct research while still receiving the 25% tax credit  
            since nothing in the language of this bill requires that a  
            "qualified contribution" be limited to charitable donations.   
            The contribution credit also appears to provide a separate  
            avenue for acquiring a research credit.  In this example, it  
            is unclear if the business entity would be prevented from  
            taking the contribution credit in addition to the R&D credit  
            for the same research.

            The contribution tax credit also encourages postsecondary  
            educational institutions and business entities to come  
            together and discuss ways of improving curriculum so that  
            students are better able to meet the demands of the job  
            market.  Such conversations between industry and our  
            educational institutions should take place, but the  
            contribution tax credit provides a generous incentive for a  
            behavior that occurs every day and without any government  
            subsidy.  At an estimated cost of $85 million in fiscal year  
            2013-14, it is an expensive conversation to have.  The author  
            may wish to remove the contribution credit provision of this  
            bill since it is both broad and unrestricted.   

           15)"Double-Dipping"?  :  Existing law already provides a tax  
            incentive, in the form of a deduction, for charitable  
            contributions.  This bill would allow a qualified taxpayer a  
            double benefit:  First, a deduction and, then, a credit for  
            the same charitable contribution.  Generally, a credit is  
            allowed in lieu of a deduction in order to eliminate multiple  
            tax benefits for the same item or expense.  

           16)Double-Referral  :  This bill was heard in the Assembly  
            Committee on Jobs, Economic Development, and the Economy on  
            April 23, 2013, and passed out of that Committee on a vote of  
            9 to 0.

           17)Related Legislation  :  








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                                                                  Page  16


            AB 486 (Mullin), introduced in the current legislative  
            session, provides manufacturers, software producers,  
            biotechnology and life, engineering, and physical researchers  
            and developers, a SUT exemption for qualifying TPP.  AB 486  
            was held in the Assembly Committee on Appropriations.

            AB 1326 (Gorell), introduced in the current legislative  
            session, provides a SUT exemption to unmanned aerial vehicle  
            manufacturers for qualifying tangible personal property.  AB  
            1326 was held in the Assembly Committee on Appropriations.

            AB 303 (Knight), introduced in the 2011-12 legislative  
            session, would have established a partial SUT exemption for  
            specified business equipment.  AB 303 was held in the Assembly  
            Appropriations Committee.

            AB 979 (Silva), introduced in the 2011-12 legislative session,  
            would have established a partial SUT exemption, beginning  
            January 1, 2012, for specified business equipment.  AB 979 was  
            held in this Committee.

            AB 1057 (Olsen), introduced in the 2011-12 legislative  
            session, would have established a partial SUT exemption for  
            specified equipment.  AB 1057 was held in this Committee.

            AB 2278 (Anderson), introduced in the 2009-10 legislative  
            session, conforms to the federal credit percentage for  
            increasing research activities and conforms to the federal  
            alternative incremental research credit.  AB 2278 was held in  
            this Committee.

            AB 1484 (Anderson), introduced in the 2009-10 legislative  
            session, conforms to the federal credit percentage for  
            increasing research activities and conforms to the federal  
            alternative incremental research credit.  AB 1484 was never  
            heard in this Committee.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          BIOCOM
          California Healthcare Institute
          California Hispanic Chamber of Commerce








                                                                  AB 653
                                                                  Page  17

          Pharmaceutical Research and Manufacturers of America
          The National Federation of Independent Businesses 

           Opposition 
           
          California State Association of Counties
           
          Analysis Prepared by  :  Carlos Anguiano / REV. & TAX. / (916)  
          319-2098