BILL NUMBER: AB 321 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 12, 2015
INTRODUCED BY Assembly Member Chávez
FEBRUARY 13, 2015
An act to amend Section 17001 of add
Section 17140.7 to the Revenue and Taxation Code, relating to
taxation , to take effect immediately, tax l evy
.
LEGISLATIVE COUNSEL'S DIGEST
AB 321, as amended, Chávez. Personal income tax.
Personal income taxes: exclusion: servicemembers.
The Personal Income Tax Law imposes a tax on individual taxpayers
measured by the taxpayer's taxable income for the taxable year, but
excludes certain items of income from the computation of tax,
including an exclusion for compensation for military or naval service
performed by a nonresident while domiciled within the state.
This bill would, for taxable years beginning on or after January
1, 2015, exclude from gross income, income of active duty
servicemembers while on active duty in this state, while hospitalized
in this state from an injury received during active duty, and for a
12-month period after being honorably discharged while in this state
if that income is derived from his or her position as a
servicemember.
This bill would take effect immediately as a tax levy.
The Personal Income Tax Law imposes taxes on taxable income, as
provided.
This bill would make a nonsubstantive change to the provision that
names that law.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17140.7 is added to the
Revenue and Taxation Code , to read:
17140.7. (a) Gross income does not include any income received by
a servicemember in the United States Armed Forces, in the reserve
component of the United States Armed Forces, or in the National
Guard, derived from his or her position as a servicemember, while
serving his or her active duty in the state.
(b) Gross income does not include any income received by a
servicemember separated from the United States Armed Forces, the
reserve components of the United States Armed Forces, or the National
Guard, for 12 calendar months from the date he or she is honorably
discharged, derived from his or her position as a servicemember,
while located in the state.
(c) Gross income does not include any income received by a service
member hospitalized within the state for an injury received while on
active duty in the United States Armed Forces, in the reserve
components of the United States Armed Forces, or in the National
Guard, derived from his or her position as a servicemember, during
the period of hospitalization.
(d) The exclusions allowed under this section shall be allowed
cumulatively.
SEC. 2. This act provides for a tax levy within
the meaning of Article IV of the Constitution and shall go into
immediate effect.
SECTION 1. Section 17001 of the Revenue and
Taxation Code is amended to read:
17001. This part shall be known and may be cited as the "Personal
Income Tax Law."