BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 107|
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                                   THIRD READING 


          Bill No:  AB 107
          Author:   Committee on Budget
          Amended:  6/16/15 in Senate 
          Vote:     21  

           SENATE BUDGET & FISCAL REVIEW COMMITTEE:  15-1, 6/18/15
           AYES: Leno, Nielsen, Allen, Anderson, Beall, Block, Hancock,  
            Mitchell, Monning, Nguyen, Pan, Pavley, Roth, Stone, Wolk
           NOES: Moorlach

           ASSEMBLY FLOOR: Not relevant

           SUBJECT:   Personal income taxes: earned income credit


          SOURCE:    Author


          DIGEST: This bill is necessary for the enactment of the 2015  
          Budget Act and establishes a refundable tax credit for eligible  
          individuals based on a certain percentage of earned income up to  
          a specified amount.




          ANALYSIS: This bill creates a state Earned Income Tax Credit  
          (EITC), providing a refundable tax credit for wage income. It  
          focuses on households with incomes less than $6,580 if there are  
          no dependents and up to $13,870 if there are three or more  
          dependents. The proposed state program dovetails with the  
          existing federal EITC and matches 85 percent of the federal  
          credits, up to half of the federal phase-in range, and then  








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          begins to taper off relative to these maximum wage amounts. The  
          credit would be available beginning with tax returns filed for  
          wages earned in 2015, and is expected to reduce revenues by $380  
          million annually beginning in 2015-16. It will benefit an  
          estimated 825,000 families and two million individuals. The  
          estimated mean household benefit is $460 per year, with a  
          maximum credit for a household with three or more dependents of  
          over $2,600. The proposed state EITC is intended to complement  
          the federal EITC. The Franchise Tax Board (FTB) is assigned  
          responsibility for administering the proposed EITC program.














          This bill establishes an EITC credit, specifically:


           1) Establishes a refundable credit for tax years beginning on  
             or after January 1, 2015 against personal income taxes owed  
             based on earned wage income, which does not include  
             self-employment income.


           2) Provides for the calculation of a credit amount during a  
             phase-in range of earned wage income according to specified  
             percentages based on the number of qualifying children.


              a)    The credit percentage is 7.65 percent for individuals  
                without qualifying children, 34 percent for individuals  
                with one qualifying child, 40 percent for individuals with  
                two or more qualifying children, and 45 percent for  
                individuals with three or more qualifying children.








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              b)    The phase-in range is for earned wage income of up to  
                $3,290 for individuals without qualifying children, $4,940  
                for individuals with one qualifying child, and $6,935 for  
                individuals with two or more qualifying children.


           1) Provides for the calculation a phase-out of the credit when  
             earned wage income reaches a certain threshold amount. The  
             credit is phased out by an amount determined by multiplying  
             the applicable phase-out percentage by the excess of the  
             amount of the individual's adjusted gross income (earned wage  
             income plus certain other income) over the phase-out amount.  
             The inclusion of additional income during the phase-out  
             period results in a more rapid loss of the credit amount than  
             there was again in the credit during the credit phase-in  
             period.




              a)    The phase-out percentage is 7.65 percent for  
                individuals without qualifying children, 34 percent for  
                individuals with one qualifying child, 40 percent for  
                individuals with two or more qualifying children, and 45  
                percent for individuals with three or more qualifying  
                children.




              b)    The phase-out amount is $3,290 for individuals without  
                qualifying children, $4,940 for individuals with one  
                qualifying child, and $6,935 for individuals with two or  
                more qualifying children.




           4) Establishes that the credit amount is to be multiplied by  
             the adjustment factor to determine the amount of the actual  
             credit, with the adjustment factor specified in the annual  
             Budget Act. Unless otherwise specified, the adjustment factor  
             would be zero percent. The Administration has proposed 85  
             percent as the adjustment factor in 2015-16.







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           5) Specifies that the tax credit would be operative only for  
             taxable years for which resources are authorized in the  
             annual Budget Act for the Franchise Tax Board to administer  
             the program.




           6) Sets forth that if the amount of allowable credit exceeds an  
             individual's tax liability, the balance shall be paid to that  
             individual from the Tax Relief and Refund Account, which is  
             continuously appropriated.




           7) Provides for a re-computation of the earned wage income  
             amount and the phase-out amount based on inflation, in the  
             same manner as the re-computation of income tax brackets  
             under the personal income tax law.




           8) Provides that disqualified income from interest and  
             dividends, royalties and other similar sources in excess of  
             $3,400 shall make an individual ineligible for the EITC, with  
             this amount adjusted in the same manner as indicated in (g)  
             above.




           9) Specifies the failure to be diligent in determining  
             eligibility for the EITC can result in a penalty of $500 for  
             false claims for refund.











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           10)      Includes annual reporting requirements of the  
             Franchise Tax Board relating to the usage of the credit,  
             average credit, distribution of the credit by income and  
             number of dependents, and estimate of the impact on poverty.




           11)      Includes uncodified language expressing the  
             Legislature's intent to expand the EITC, as the state's  
             fiscal situation allows.




           12)      Continuously appropriates funds for the refundable tax  
             credit.


          FISCAL EFFECT:   Appropriation:    Yes         Fiscal  
          Com.:YesLocal:   No


          According to the Senate Budget and Fiscal Review Committee,  
          refundable amounts would be continuously appropriated from the  
          Tax Relief and Refund Account, and are expected to total $380  
          million during 2015-16 based on an adjustment factor of 85  
          percent incorporated in the 2015 Budget Act.




          SUPPORT:   (Verified6/18/15)


          None received


          OPPOSITION:   (Verified6/18/15)


          None received

          Prepared by:Mark  Ibele / B. & F.R. / (916) 651-4103







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          6/18/15 18:55:40


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