BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 18, 2016


                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION


                           Sebastian Ridley-Thomas, Chair





          ACR 149  
          (Gipson) - As Introduced March 7, 2016


          Majority vote.  Non-fiscal.


          SUBJECT:  Taxation


          SUMMARY:  Encourages state entities to identify and utilize  
          existing and potential public or private partnerships to inform  
          citizens and employees about the availability of the federal  
          Earned Income Tax Credit (EITC) and Volunteer Income Tax  
          Assistance (VITA) programs, as specified.  Specifically, this  
          resolution makes the following legislative findings:


          1)Contains the following recitals:


             a)   Each year, Californians volunteer their time to  
               participate in the federal VITA program and are trained by  
               public and private partnerships with the Internal Revenue  
               Service to prepare tax returns;










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             b)   VITA is a free tax preparation program that helps low-  
               to moderate-income filers.  During tax season, there are  
               free sites accessible across the nation;


             c)   Insufficient income contributes to many of the social  
               and human service needs in our state and increasing EITC  
               capture through the VITA program represents a highly  
               cost-effective economic development strategy;


             d)   Each year, as a result of the VITA program, the EITC  
               helps approximately 285,000 low-income households in  
               California and brings more than $347 million into  
               California's economy;


             e)   The IRS and other organizations collaborate with local  
               agencies to offer VITA to raise awareness of the EITC;


             f)   Local colleges throughout California serve as  
               instrumental partners of the VITA program and create ideal  
               and accessible locations for surrounding community  
               residents to receive free tax assistance and family  
               resource services; 


             g)   Those colleges generously provide the use of their  
               campus facilities, equipment, and student volunteers - who  
               make up a significant portion of trained and certified tax  
               preparers for VITA events - to enable the success of the  
               VITA program.


          2)Resolves that the Legislature does both of the following:











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             a)   Joins the Controller's office, the State Board of  
               Equalization, the Franchise Tax Board, and the IRS in  
               promoting the EITC and VITA programs to qualified families  
               and individuals.


             b)   Encourages each state entity to identify and utilize  
               existing and potential public or private partnerships to  
               inform citizens about the availability of the federal and  
               state EITC and VITA programs.


          3)Directs the Chief Clerk of the Assembly to transmit copies of  
            this resolution to the author for appropriate distribution.  


          EXISTING FEDERAL LAW:



          1)Allows a refundable EITC to certain eligible individuals.  A  
            refundable credit allows for the excess of the credit over the  
            taxpayer's tax liability to be refunded to the taxpayer.  The  
            federal EITC amount is based on a percentage of the taxpayer's  
            earned income and is phased out as income increases.  The  
            percentage varies depending on whether the taxpayer has  
            qualifying children.  Married individuals are eligible for  
            only one credit on their combined earned income and must file  
            a joint return to claim the credit. 

          2)Requires employers to notify their employees that the  
            employees may be eligible for the federal EITC.  



          EXISTING STATE LAW:











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          1)Allows, in modified conformity with the federal EITC, a  
            refundable EITC for the lowest income Californians for taxable  
            years beginning on or after January 1, 2015.  

          2)Provides that the EITC is only available for taxable years for  
            which resources are authorized in the annual Budget Act for  
            the FTB to oversee and audit returns associated with the  
            credit.



          3)Requires California employers, state departments, and certain  
            state agencies to provide formal notification of possible  
            eligibility for the federal EITC. 


          FISCAL EFFECT:  None


          COMMENTS:  


           1)The Author's Statement.   The author has provided the following  
            statement in support of this bill:

          "ACR 149 is intended to raise awareness of an important program  
            that is offered to low-income taxpayers, with the goal of  
            supporting them in gaining the most out of their income tax  
            returns.

          "This program is promoted by a number of state and local  
            governments, non-profits, and higher education institutions  
            across the nation.  With the broad range of stakeholders  
            involved, both providing and receiving service, this is a  
            community program that deserves recognition and commendation."  
           
           2)Federal EITC  .  The federal EITC is an income tax credit for  
            low- to moderate-income individuals and families.  Congress  
            originally approved the tax credit legislation in 1975, in  








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            part to offset the burden of Social Security taxes and to  
            provide an incentive to work.  To qualify for the EITC an  
            individual must be employed.  When EITC exceeds the amount of  
            taxes owed, it results in a tax refund to those who claim and  
            qualify for the credit.  The EITC is a percentage of the  
            taxpayer's earned income and is phased out as income  
            increases.  The EITC percentage varies depending on whether  
            the taxpayer has qualifying children.



          In order for a taxpayer to qualify for the federal EITC in 2016,  
            an individual's adjusted gross income must be less than  
            $47,955 ($53,505 filing jointly) with three or more qualifying  
            children; $44,648 ($50,198 filing jointly) with two qualifying  
            children; $39,296 ($44,846 filing jointly) with one qualifying  
            child; or $14,880 ($20,430 filing jointly) without a  
            qualifying child.  The current maximum credit amount for  
            taxpayers with three or more qualifying children is $6,269;  
            for taxpayers with two qualifying children, the maximum is  
            $5,572.  For taxpayers with one qualifying child, the maximum  
            credit amount is $3,373; for taxpayers with no qualifying  
            children, the maximum amount is currently $506.  

           3)California EITC  .  The state EITC was enacted into law in 2015  
            and is intended to complement the federal EITC to allow a  
            greater benefit per household.  Similar to the federal EITC,  
            the California EITC is established as a refundable credit  
            against personal income taxes owed based on earned wage  
            income.  However, unlike the Federal Government, California  
            excludes self-employment income from the definition of "earned  
            income" and only workers with earnings subject to wage  
            withholding qualify for the credit.



          The California EITC is available for tax returns filed for wages  
            earned in 2015.  A credit amount is calculated according to  
            specified percentages of the earned income based on the number  








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            of qualifying children. The credit percentage for 2015 tax  
            year is 7.65% for individuals without qualifying children, 34%  
            for individuals with one qualifying child, 40% for individuals  
            with two or more qualifying children, and 45% for individuals  
            with three or more qualifying children. The maximum 2015  
            income limitation for both the adjusted gross income and  
            earned income may not be more than $6,580 for individuals with  
            no qualifying children, $9,880 for individuals with one  
            qualifying child, and $13,870 for individuals with two or more  
            qualifying children.  Finally, the amount of investment  
            income, such as interest, dividends, royalties, and capital  
            gains, cannot exceed $3,400 for the entire tax year.  Thus,  
            unlike most other state EITCs, California's credit only  
            reaches a portion of workers who are eligible for the federal  
            EITC.  

          The California EITC is expected to benefit approximately 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.   
            This program, however, is operative only for taxable years for  
            which resources are authorized in the annual Budget Act for  
            the FTB to oversee and audit returns associated with the  
            credit.  
           4)The Notification Requirement Regarding the Federal EITC  .   
            According to the IRS, California's federal EITC participation  
            rate in 2014 was 74.3%, which was lower than the estimated  
            national rate of 80%.   Both federal and state laws require  
            employers to notify  all  employees that they may be eligible  
            for the federal EITC.  Under federal law, an employer must  
            provide an employee with Form W-2, a substitute of W-2, Notice  
            797, or a written statement with the same wording as Notice  
            797.  

          Under California's law - the Earned Income Tax Credit  
            Information Act (EITC Act), an employer must also notify  
            employees about the federal EITC within one week before or  
            after the employer provides the employees with their annual  
            wage summary (e.g., a Form W-2 or a Form 1099).  Employers are  








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            required to either hand the notice directly to each employee  
            or mail it to the employee's last known address.  Furthermore,  
            all California employers must post a statement about the EITC  
            in the workplace.  In addition, state law requires certain  
            specified state departments, agencies and programs serving  
            individuals who may qualify for the federal EITC to notify  
            these individuals of the availability of this credit and the  
            ways to claim it.  The current state law encourages  
            departments, agencies, and programs to develop the least  
            costly, as well as the most effective, methods to provide  
            notice.  

           5)Increasing Awareness  .   Under current state law, employers and  
            certain state agencies are required to notify all of their  
            employees and recipients of state programs, whichever is  
            applicable, of possible eligibility for the federal EITC only.  
             With the passage of the California EITC program, many  
            individuals in California are now entitled to claim the state  
            EITC.  As such, sufficient outreach is critical in ensuring  
            that many eligible individuals will benefit from the state  
            EITC as well.  This resolution urges state entities to  
            identify public and private partnerships that would inform  
            citizens and employees about the availability of the federal  
            EITC and VITA programs.  The Committee may wish to consider  
            amending the resolution to include a reference to the  
            California EITC.  

           6)Volunteer Income Tax Assistance (VITA) Programs  .  The VITA  
            program offers free tax help to people who earn $54,000 or  
            less, and persons with disabilities and limited English  
            speaking taxpayers who need assistance in preparing their own  
            tax returns.  IRS-certified volunteers provide free basic  
            income tax return preparation with electronic filing to  
            qualified individuals.  In addition to VITA, the Tax  
            Counseling for the Elderly program offers free tax help for  
            all taxpayers, particularly those who are 60 years of age and  
            older, specializing in questions about pensions and  
            retirement-related issues unique to seniors.  The  
            IRS-certified volunteers who provide tax counseling are often  








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            retired individuals associated with non-profit organizations  
            that receive grants from the IRS.


           7)Related Legislation  .  AB 1847 (Mark Stone) would expand the  
            employee notification requirement relating to the federal  
            Earned Income Tax Credit to include a reference to the EITC.   
            AB 1847 is pending hearing by the Assembly Committee on  
            Appropriations. 


           8)Prior Legislation  .  SB 80 (Committee on Budget and Fiscal  
            Review), Chapter 21, Statutes of 2015, established the  
            refundable California EITC for taxable years beginning on or  
            after January 1, 2015.   AB 1847 is pending hearing by the  
            Assembly Appropriations Committee.



          AB 509 (Skinner), Chapter 542, Statutes of 2011, amended the  
            EITC Information Act by requiring specified state departments  
            and agencies to notify benefit recipients of their eligibility  
            for the federal EITC. 

          SCR 12 (Liu), Chapter 38, Statutes of 2011) urged state and  
            local governments and community organizations to promote  
            education and awareness of the federal Earned Income Tax  
            Credit and other tax credits that help working families  
            persevere through difficult economic times.

          AB 650 (Lieu and Jones), Chapter 606, Statutes of 2007,  
            established the EITC Information Act that requires employers  
            to notify their employees that they may be eligible to claim  
            the federal EITC.

          REGISTERED SUPPORT / OPPOSITION:











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          Support


          None on file




          Opposition


          None on file




          Analysis Prepared by:Oksana Jaffe / REV. & TAX. / (916) 319-2098