Amended in Senate August 31, 2015

Amended in Senate July 13, 2015

Amended in Assembly May 28, 2015

Amended in Assembly May 5, 2015

Amended in Assembly April 13, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 437


Introduced by Assembly Member Atkins

(Principal coauthor: Assembly Member Mullin)

February 19, 2015


An act to amend Sections 17052.12 and 23609 of, to add Sections 17131.8 and 24304 to, and to add and repeal Division 3 (commencing with Section 70000) of, the Revenue and Taxation Code, relating to small businesses, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 437, as amended, Atkins. Research and Development: Small Business Grant Program.

Existing law provides for several programs supporting small businesses, including the Office of Small Business Advocate, the duties of director of which include, among other things, representing the views and interests of small businesses before other state agencies whose policies and activities may affect small businesses.

The Personal Income Tax Law imposes taxes on taxable income at specified rates based upon the amount of taxable income. The Corporation Tax Law imposes taxes upon, according to, or measured by, net income, as specified. The Personal Income Tax Law and the Corporation Tax Law, in modified conformity to a credit allowed under federal law, allow a credit against taxes imposed by those laws for increasing research expenses, as defined. Existing law allows a taxpayer to carryover any excess amounts of that credit to succeeding taxable years, until the credit is exhausted.

This bill would, beginning January 1,begin delete 2016,end deletebegin insert 2017,end insert and ending January 1,begin delete 2023,end deletebegin insert 2024,end insert establish the Research and Development-Small Business Grant Program, which would provide qualified small businesses, as defined, grants in amounts equal to either 10% or 15% of any excess credit amount attributable to the small business for specified years under the credit described above. This bill would continuously appropriate moneys from the General Fund to award these grants, in specified amounts per calendar year, to be allocated by the Franchise Tax Board. This bill would specify that any grant money received by a qualified small business would be excluded from its income and would provide that any excess credit amount attributable to the qualified small business would be reduced by the amount allowed as a grant.

Vote: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 17052.12 of the Revenue and Taxation
2Code
is amended to read:

3

17052.12.  

For each taxable year beginning on or after January
41, 1987, there shall be allowed as a credit against the “net tax,” as
5defined by Section 17039, an amount determined in accordance
6with Section 41 of the Internal Revenue Code, relating to credit
7for increasing research activities, except as follows:

8(a) For each taxable year beginning before January 1, 1997, the
9reference to “20 percent” in Section 41(a)(1) of the Internal
10Revenue Code is modified to read “8 percent.”

11(b) (1) For each taxable year beginning on or after January 1,
121997, and before January 1, 1999, the reference to “20 percent”
13in Section 41(a)(1) of the Internal Revenue Code is modified to
14read “11 percent.”

15(2) For each taxable year beginning on or after January 1, 1999,
16and before January 1, 2000, the reference to “20 percent” in Section
P3    141(a)(1) of the Internal Revenue Code is modified to read “12
2percent.”

3(3) For each taxable year beginning on or after January 1, 2000,
4the reference to “20 percent” in Section 41(a)(1) of the Internal
5Revenue Code is modified to read “15 percent.”

6(c) Section 41(a)(2) of the Internal Revenue Code shall not
7apply.

8(d) “Qualified research” shall include only research conducted
9in California.

10(e) (1) In the case where the credit allowed by this section
11exceeds the “net tax,” the excess may be carried over to reduce
12the “net tax” in the following year, and succeeding years if
13necessary, until the credit has been exhausted.

14(2) For taxable years beginning on or after January 1,begin delete 2016,end delete
15begin insert 2017,end insert in the case where the Franchise Tax Board has issued a
16certificate for a grant pursuant to Division 3 (commencing with
17Section 70000) the following rules shall apply:

18(A) The excess credit amount that may be carried over by a
19taxpayer shall be reduced by the amount reflected on the certificate.

20(B) (i) In the case of a pass-thru entity, the amount of credit
21that may be passed through to a partner or shareholder shall be
22reduced by the amount reflected on the certificate.

23(ii) For purposes of this subparagraph, “pass-thru entity” means
24a partnership or an “S” corporation.

25(C) If any amount of a credit finally allowed is less than the
26amount of the credit that provided the basis for a grant pursuant
27to Division 3 (commencing with Section 70000), the amount of
28the grant attributable to the credit not allowed shall be treated as
29a deficiency pursuant to Section 19043, and assessed and collected
30pursuant to Part 10.2 (commencing with Section 18401).

31(f) (1) With respect to any expense paid or incurred after the
32operative date of Section 6378, Section 41(b)(1) of the Internal
33Revenue Code, relating to qualified research expenses, is modified
34to exclude from the definition of “qualified research expense” any
35amount paid or incurred for tangible personal property that is
36eligible for the exemption from sales or use tax provided by Section
376378.

38(2) For each taxable year beginning on or after January 1, 1998,
39the reference to “Section 501(a)” in Section 41(b)(3)(C) of the
40Internal Revenue Code, relating to amounts paid to certain research
P4    1consortia, is modified to read “this part or Part 11 (commencing
2with Section 23001).”

3(g) (1) For each taxable year beginning on or after January 1,
42000:

5(A) The reference to “3 percent” in Section 41(c)(4)(A)(i) of
6the Internal Revenue Code is modified to read “one and forty-nine
7hundredths of one percent.”

8(B) The reference to “4 percent” in Section 41(c)(4)(A)(ii) of
9the Internal Revenue Code is modified to read “one and
10ninety-eight hundredths of one percent.”

11(C) The reference to “5 percent” in Section 41(c)(4)(A)(iii) of
12the Internal Revenue Code is modified to read “two and forty-eight
13hundredths of one percent.”

14(2) Section 41(c)(4)(B) of the Internal Revenue Code, relating
15to election, shall not apply and in lieu thereof an election under
16Section 41(c)(4)(A) of the Internal Revenue Code, relating to in
17general, may be made for any taxable year of the taxpayer
18beginning on or after January 1, 1998. That election shall apply
19to the taxable year for which made and all succeeding taxable years
20unless revoked with the consent of the Franchise Tax Board.

21(3) Section 41(c)(7) of the Internal Revenue Code, relating to
22gross receipts, is modified to take into account only those gross
23receipts from the sale of property held primarily for sale to
24customers in the ordinary course of the taxpayer’s trade or business
25that is delivered or shipped to a purchaser within this state,
26regardless of f.o.b. point or any other condition of the sale.

27(4) Section 41(c)(5) of the Internal Revenue Code, relating to
28election of alternative simplified credit, shall not apply.

29(h) Section 41(h) of the Internal Revenue Code, relating to
30termination, shall not apply.

31(i) Section 41(g) of the Internal Revenue Code, relating to
32special rule for pass-thru of credit, is modified by each of the
33following:

34(1) The last sentence shall not apply.

35(2) If the amount determined under Section 41(a) of the Internal
36Revenue Code, relating to general rule, for any taxable year
37exceeds the limitation of Section 41(g) of the Internal Revenue
38Code, relating to special rule for pass-thru of credit, that amount
39may be carried over to other taxable years under the rules of
40subdivision (e); except that the limitation of Section 41(g) of the
P5    1Internal Revenue Code, relating to special rule for pass-thru of
2credit, shall be taken into account in each subsequent taxable year.

3(j) Section 41(a)(3) of the Internal Revenue Code shall not apply.

4(k) Section 41(b)(3)(D) of the Internal Revenue Code, relating
5to amounts paid to eligible small businesses, universities, and
6Federal laboratories, shall not apply.

7(l) Section 41(f)(6), of the Internal Revenue Code relating to
8energy research consortium, shall not apply.

9

SEC. 2.  

Section 17131.8 is added to the Revenue and Taxation
10Code
, to read:

11

17131.8.  

For taxable years beginning on or after January 1,
12begin delete 2016,end deletebegin insert 2017,end insert and before January 1,begin delete 2023,end deletebegin insert 2024,end insert gross income does
13not include any grant received by a taxpayer pursuant to Division
143 (commencing with Section 70000).

15

SEC. 3.  

Section 23609 of the Revenue and Taxation Code is
16amended to read:

17

23609.  

For each taxable year beginning on or after January 1,
181987, there shall be allowed as a credit against the “tax,” defined
19by Section 23036, an amount determined in accordance with
20Section 41 of the Internal Revenue Code, relating to credit for
21increasing research activities, except as follows:

22(a) For each taxable year beginning before January 1, 1997,
23both of the following modifications shall apply:

24(1) The reference to “20 percent” in Section 41(a)(1) of the
25Internal Revenue Code is modified to read “8 percent.”

26(2) The reference to “20 percent” in Section 41(a)(2) of the
27Internal Revenue Code is modified to read “12 percent.”

28(b) (1) For each taxable year beginning on or after January 1,
291997, and before January 1, 1999, both of the following
30modifications shall apply:

31(A) The reference to “20 percent” in Section 41(a)(1) of the
32Internal Revenue Code is modified to read “11 percent.”

33(B) The reference to “20 percent” in Section 41(a)(2) of the
34Internal Revenue Code is modified to read “24 percent.”

35(2) For each taxable year beginning on or after January 1, 1999,
36and before January 1, 2000, both of the following shall apply:

37(A) The reference to “20 percent” in Section 41(a)(1) of the
38Internal Revenue Code is modified to read “12 percent.”

39(B) The reference to “20 percent” in Section 41(a)(2) of the
40Internal Revenue Code is modified to read “24 percent.”

P6    1(3) For each taxable year beginning on or after January 1, 2000,
2both of the following shall apply:

3(A) The reference to “20 percent” in Section 41(a)(1) of the
4Internal Revenue Code is modified to read “15 percent.”

5(B) The reference to “20 percent” in Section 41(a)(2) of the
6Internal Revenue Code is modified to read “24 percent.”

7(c) (1) With respect to any expense paid or incurred after the
8operative date of Section 6378, Section 41(b)(1) of the Internal
9Revenue Code, relating to qualified research expenses, is modified
10to exclude from the definition of “qualified research expense” any
11amount paid or incurred for tangible personal property that is
12eligible for the exemption from sales or use tax provided by Section
136378.

14(2) “Qualified research” and “basic research” shall include only
15research conducted in California.

16(d) The provisions of Section 41(e)(7)(A) of the Internal
17Revenue Code, relating to basic research, shall be modified so that
18“basic research,” for purposes of this section, includes any basic
19or applied research including scientific inquiry or original
20investigation for the advancement of scientific or engineering
21knowledge or the improved effectiveness of commercial products,
22except that the term does not include any of the following:

23(1) Basic research conducted outside California.

24(2) Basic research in the social sciences, arts, or humanities.

25(3) Basic research for the purpose of improving a commercial
26product if the improvements relate to style, taste, cosmetic, or
27seasonal design factors.

28(4) Any expenditure paid or incurred for the purpose of
29ascertaining the existence, location, extent, or quality of any deposit
30of ore or other mineral (including oil and gas).

31(e) (1) In the case of a taxpayer engaged in any
32biopharmaceutical research activities that are described in codes
332833 to 2836, inclusive, or any research activities that are described
34in codes 3826, 3829, or 3841 to 3845, inclusive, of the Standard
35Industrial Classification (SIC) Manual published by the United
36States Office of Management and Budget, 1987 edition, or any
37other biotechnology research and development activities, the
38provisions of Section 41(e)(6) of the Internal Revenue Code,
39relating to qualified organization, shall be modified to include both
40of the following:

P7    1(A) A qualified organization as described in Section
2170(b)(1)(A)(iii) of the Internal Revenue Code and owned by an
3institution of higher education as described in Section 3304(f) of
4the Internal Revenue Code, relating to definition of institution of
5higher education.

6(B) A charitable research hospital owned by an organization
7that is described in Section 501(c)(3) of the Internal Revenue Code,
8is exempt from taxation under Section 501(a) of the Internal
9Revenue Code, relating to exempt from taxation, is not a private
10foundation, is designated a “specialized laboratory cancer center,”
11and has received Clinical Cancer Research Center status from the
12National Cancer Institute.

13(2) For purposes of this subdivision:

14(A) “Biopharmaceutical research activities” means those
15activities that use organisms or materials derived from organisms,
16and their cellular, subcellular, or molecular components, in order
17to provide pharmaceutical products for human or animal
18therapeutics and diagnostics. Biopharmaceutical activities make
19use of living organisms to make commercial products, as opposed
20to pharmaceutical activities that make use of chemical compounds
21to produce commercial products.

22(B) “Other biotechnology research and development activities”
23means research and development activities consisting of the
24application of recombinant DNA technology to produce
25commercial products, as well as research and development
26activities regarding pharmaceutical delivery systems designed to
27provide a measure of control over the rate, duration, and site of
28pharmaceutical delivery.

29(f) (1) In the case where the credit allowed by this section
30exceeds the “tax,” the excess may be carried over to reduce the
31“tax” in the following year, and succeeding years if necessary,
32until the credit has been exhausted.

33(2) For taxable years beginning on or after January 1,begin delete 2016,end delete
34begin insert 2017,end insert in the case where the Franchise Tax Board has issued a
35certificate for a grant pursuant to Division 3 (commencing with
36Section 70000) the following rules shall apply:

37(A) The excess credit amount that may be carried over by a
38taxpayer shall be reduced by the amount reflected on the certificate.

P8    1(B) (i) In the case of a pass-thru entity, the amount of credit
2that may be passed through to a partner, taxable under this part,
3shall be reduced by the amount reflected on the certificate.

4(ii) For purposes of this subparagraph, “pass-thru entity” means
5a partnership.

6(C) If any amount of a credit finally allowed is less than the
7amount of the credit that provided the basis for a grant pursuant
8to Division 3 (commencing with Section 70000), the amount of
9the grant attributable to the credit not allowed shall be treated as
10a deficiency pursuant to Section 19043, and assessed and collected
11pursuant to Part 10.2 (commencing with Section 18401).

12(g) For each taxable year beginning on or after January 1, 1998,
13the reference to “Section 501(a)” in Section 41(b)(3)(C) of the
14Internal Revenue Code, relating to amounts paid to certain research
15consortia, is modified to read “this part or Part 10 (commencing
16with Section 17001).”

17(h) (1) For each taxable year beginning on or after January 1,
182000:

19(A) The reference to “3 percent” in Section 41(c)(4)(A)(i) of
20the Internal Revenue Code is modified to read “one and forty-nine
21hundredths of one percent.”

22(B) The reference to “4 percent” in Section 41(c)(4)(A)(ii) of
23the Internal Revenue Code is modified to read “one and
24ninety-eight hundredths of one percent.”

25(C) The reference to “5 percent” in Section 41(c)(4)(A)(iii) of
26the Internal Revenue Code is modified to read “two and forty-eight
27hundredths of one percent.”

28(2) Section 41(c)(4)(B) of the Internal Revenue Code, relating
29to election, shall not apply and in lieu thereof an election under
30Section 41(c)(4)(A) of the Internal Revenue Code, relating to in
31general, may be made for any taxable year of the taxpayer
32beginning on or after January 1, 1998. That election shall apply
33to the taxable year for which made and all succeeding taxable years
34unless revoked with the consent of the Franchise Tax Board.

35(3) Section 41(c)(7) of the Internal Revenue Code, relating to
36gross receipts, is modified to take into account only those gross
37receipts from the sale of property held primarily for sale to
38customers in the ordinary course of the taxpayer’s trade or business
39that is delivered or shipped to a purchaser within this state,
40regardless of f.o.b. point or any other condition of the sale.

P9    1(4) Section 41(c)(5) of the Internal Revenue Code, relating to
2election of alternative simplified credit, shall not apply.

3(i) Section 41(h) of the Internal Revenue Code, relating to
4termination, shall not apply.

5(j) Section 41(g) of the Internal Revenue Code, relating to
6special rule for pass-thru of credit, is modified by each of the
7following:

8(1) The last sentence shall not apply.

9(2) If the amount determined under Section 41(a) of the Internal
10Revenue Code, relating to general rule, for any taxable year
11exceeds the limitation of Section 41(g) of the Internal Revenue
12Code, relating to special rule for pass-thru of credit, that amount
13may be carried over to other taxable years under the rules of
14subdivision (f), except that the limitation of Section 41(g) of the
15Internal Revenue Code, relating to special rule for pass-thru of
16credit, shall be taken into account in each subsequent taxable year.

17(k) Section 41(a)(3) of the Internal Revenue Code shall not
18apply.

19(l) Section 41(b)(3)(D) of the Internal Revenue Code, relating
20to amounts paid to eligible small businesses, universities, and
21Federal laboratories, shall not apply.

22(m) Section 41(f)(6) of the Internal Revenue Code, relating to
23energy research consortium, shall not apply.

24

SEC. 4.  

Section 24304 is added to the Revenue and Taxation
25Code
, to read:

26

24304.  

For taxable years beginning on or after January 1,begin delete 2016,end delete
27begin insert 2017,end insert and before January 1,begin delete 2023,end deletebegin insert 2024,end insert any grant received by a
28taxpayer pursuant to Division 3 (commencing with Section 70000).

29

SEC. 5.  

Division 3 (commencing with Section 70000) is added
30to the Revenue and Taxation Code, to read:

31 

32Division 3.  Research and Development-Small
33Business Grant Program

34

 

35

70000.  

For purposes of this division:

36(a) (1) Except as provided in paragraph (2), “excess credit
37amount” means the amount of credit under Section 17052.12 or
3823609 that exceeds the “net tax,” as defined by Section 17039, or
39the “tax,” as defined by Section 23036, as applicable, for the first
40taxable year the credit is allowable and may be carried over to
P10   1reduce “net tax” or “tax,” as applicable, in the following taxable
2year.

3 (2) In the case of a pass-thru entity, for credits attributable to
4taxable years beginning on or after January 1,begin delete 2016,end deletebegin insert 2017,end insert “excess
5credit amount” means the amount of credit allowed under Section
617052.12 or 23609 to be passed through to partners or shareholders.

7(b) “Qualified small business” means a taxpayer that meets all
8of the following requirements for the taxable year with respect to
9the credit for which a grant is authorized under this division:

10(1) The taxpayer was allowed a credit under either Section
1117052.12 or 23609.

12(2) The taxpayer has gross receipts of five million dollars
13($5,000,000) or less for the taxable year. For purposes of this
14paragraph, “gross receipts” has the same definition as in Section
15 41(c)(7) of the Internal Revenue Code, relating to gross receipts,
16modified to provide that the last sentence shall not apply.

17(3) (A) The taxpayer is not an affiliated corporation that is
18properly treated as a member of a combined reporting group
19pursuant to Section 25101 or 25110.

20(B) Notwithstanding any other provision, no grant may be
21awarded pursuant to this division with respect to a credit that may
22be assigned pursuant to Section 23663.

begin insert

23(4) Is organized as one of the following business entities:

end insert
begin insert

24(A) A corporation.

end insert
begin insert

25(B) A partnership.

end insert
begin insert

26(C) A limited partnership.

end insert
begin insert

27(D) A limited liability company, whether classified as a
28corporation, partnership, or disregarded as a separate entity.

end insert
begin insert

29(5) Was in existence and filed income tax returns under Part
3010.2 (commencing with Section 18401) of Division 2 for the two
31taxable years preceding the taxable year for which the taxpayer
32applies for a grant under Section 70001.

end insert
33

70001.  

(a) On or after January 1,begin delete 2016,end deletebegin insert 2017,end insert and before
34January 1,begin delete 2023,end deletebegin insert 2024,end insert a qualified small business may apply for a
35grant as follows:

36(1) Beginning January 1,begin delete 2016,end deletebegin insert 2017,end insert a qualified small business
37may apply for and receive a one-time grant in an amount equal to
3810 percent of any excess credit amount that is attributable to taxable
39years beginning on or after January 1,begin delete 2014,end deletebegin insert 2015,end insert and before
40January 1,begin delete 2016,end deletebegin insert 2017,end insert available for carryover into taxable years
P11   1beginning on or after January 1,begin delete 2016,end deletebegin insert 2017,end insert for credits allowed
2under Section 17052.12 or 23609.

3(2) For taxable years beginning on or after January 1,begin delete 2016,end delete
4begin insert 2017,end insert and before January 1,begin delete 2021,end deletebegin insert 2022,end insert a qualified small business
5may annually apply for a grant in an amount equal to 15 percent
6of any excess credit amount attributable to the taxable year in
7which the credit is allowed under Section 17052.12 or 23609.

8(b) (1) In order to receive a grant under paragraph (1) of
9subdivision (a), the qualified small business, partner, or “S”
10corporation shareholder of a qualified small business shall be
11required to apply for a grant on a timely filed original return filed
12with the Franchise Tax Board using electronic technology in a
13form and manner prescribed by the Franchise Tax Board for the
14taxable year beginning on or after January 1,begin delete 2015,end deletebegin insert 2016,end insert by
15applying to the Franchise Tax Board for a certificate indicating
16the amount equal to 10 percent of the excess credit amount that is
17attributable to taxable years beginning on or after January 1,begin delete 2014,end delete
18begin insert 2015,end insert and before January 1,begin delete 2016,end deletebegin insert 2017,end insert available for carryover
19into taxable years beginning on or after January 1,begin delete 2016,end deletebegin insert 2017,end insert for
20a credit allowed under Section 17052.12 or 23609. The Franchise
21Tax Board shall supply the qualified small business with a
22certificate within 90 days of receiving the return with the
23application.

24(2) In order to receive a grant under paragraph (2) of subdivision
25(a), the qualified small business shall be required to apply for a
26grant on a timely filed original return with the Franchise Tax Board
27using electronic technology in a form and manner prescribed by
28the Franchise Tax Board for each taxable year beginning on or
29after January 1,begin delete 2016,end deletebegin insert 2017,end insert by applying to the Franchise Tax
30Board for a certificate indicating the amount equal to 15 percent
31of the excess credit amount that is attributable to the taxable year
32in which a credit is allowed under Section 17052.12 or 23609, and
33available for carryover to the following year. The Franchise Tax
34Board shall supply the qualified small business with a certificate
35within 90 days of receiving the return.

36(c) (1) The Franchise Tax Board shall allocate the certified
37amounts based on the aggregate applicable amount for the calendar
38year in which the certificate is issued.

39(2) The aggregate applicable amount that may be certified for
40the calendar year beginning January 1,begin delete 2016,end deletebegin insert 2017,end insert shall be one
P12   1hundred million dollars ($100,000,000), not to exceed fifty million
2dollars ($50,000,000) for each taxable year beginning January 1,
3begin delete 2014,end deletebegin insert 2015,end insert and January 1,begin delete 2015.end deletebegin insert 2016.end insert

4(3) The aggregate applicable amount shall not exceed fifty
5million dollars ($50,000,000) for each calendar year beginning on
6or after January 1,begin delete 2017,end deletebegin insert 2018,end insert and before January 1,begin delete 2023,end deletebegin insert 2024,end insert
7 regardless of the taxable year to which the grant relates.

8(4) (A) The Franchise Tax Board shall allocate the certificates
9to the qualified small business, partners, or “S” corporation
10shareholder, as applicable, on a first-come-first-served basis,
11determined by the date the taxpayer’s original tax return is received
12by the Franchise Tax Board. If the returns of two or more qualified
13small businesses are received on the same day and the amount of
14credit remaining to be allocated is insufficient to be allocated fully
15to each, the credit remaining shall be allocated to those qualified
16small businesses on a pro rata basis.

17(B) For purposes of this paragraph, the date a return is received
18shall be determined by the Franchise Tax Board. The determination
19of the Franchise Tax Board as to the date a return is received and
20whether a return has been timely filed for purposes of this
21paragraph may not be reviewed in any administrative or judicial
22proceeding.

23(d) In the case of a qualified small business that is a pass-thru
24entity, the following shall apply:

25(1) (A) For purposes of the credit allowed under Section
2617052.12, a “pass-thru entity” means a partnership or an “S”
27corporation.

28(B) For purposes of the credit allowed under Section 23609, a
29“pass-thru entity” means a partnership.

30(2) (A) For grants with respect to taxable years beginning on
31or after January 1,begin delete 2014,end deletebegin insert 2015,end insert and before January 1,begin delete 2016,end deletebegin insert 2017,end insert
32 the Franchise Tax Board shall issue the certificate to the qualified
33small business, partners, or “S” corporation shareholders, as
34applicable.

35(B) For grants with respect to taxable yearsbegin insert beginningend insert on or
36after January 1,begin delete 2016,end deletebegin insert 2017,end insert the Franchise Tax Board shall issue
37the certificate to the partnership or “S” corporation.

38(3) A certificate shall not be issued to an “S” corporation with
39respect to the credit allowed under Section 23609.

P13   1(e) To the extent the amount of the certificate issued by the
2Franchise Tax Board is based on a request from a qualified small
3business, partner, or “S” corporation shareholder, as applicable,
4any amount of a credit finally allowed that is less than the amount
5of the credit that provided the basis for a grant under this division,
6the amount of the grant attributable to the credit not allowed shall
7be treated as a deficiency pursuant to Section 19043, and assessed
8and collected pursuant to Part 10.2 (commencing with Section
918401).

10(f) The Franchise Tax Board may prescribe rules, guidelines,
11or procedures necessary or appropriate to carry out the purposes
12of this division, including any guidelines regarding the allocation
13of the certificates issued pursuant to this section. Chapter 3.5
14(commencing with Section 11340) of Part 1 of Division 3 of Title
152 of the Government Code does not apply to any rule, guideline,
16or procedure prescribed by the Franchise Tax Board pursuant to
17this section.

18

70002.  

(a) The Controller, upon a receipt of a certificate issued
19to a qualified small business, partner, or “S” corporation
20shareholder, as applicable, under Section 70001, shall pay the
21qualified small business the grant amount indicated upon the
22certificate issued to the qualified small business, partner, or “S”
23corporation shareholder. Notwithstanding Section 13340 of the
24Government Code, the amounts necessary to provide the grants
25are hereby continuously appropriated from the General Fund.

26(b) (1) Notwithstandingbegin insert Article 2 (commencing with Section
2719542) of Chapter 7 of Part 10.2 of Division 2 andend insert
Section 10231.5
28of the Government Code, on or before January 1,begin delete 2017,end deletebegin insert 2018,end insert and
29each January 1 thereafter, the Controller shall provide a report to
30the Assembly Committee on Revenue and Taxation and the Senate
31Committee on Governance and Finance, or its successor, including
32the recipients of the grants for the previous calendar year and the
33grant amount each recipient received.

34(2) A report submitted pursuant to paragraph (1) shall be
35submitted in compliance with Section 9795 of the Government
36Code.

37

70003.  

This division shall remain in effect only until January
381,begin delete 2023,end deletebegin insert 2024,end insert and as of that date is repealed, unless a later enacted
P14   1statute, that is enacted before January 1,begin delete 2023,end deletebegin insert 2024,end insert deletes or
2extends that date.



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