BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                     AB 894


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          Date of Hearing:  May 18, 2015





                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION


                                 Philip Ting, Chair





          AB 894  
          (Patterson) - As Introduced February 26, 2015



          Majority vote.  Tax levy.  Fiscal Committee


          
          SUBJECT:  Personal income taxes:  credit:  education expenses


          SUMMARY:  Allows, for each taxable year beginning on or after  
          January 1, 2016, a credit in an amount equal to 15% of the  
          tuition paid or incurred by a taxpayer for education and  
          training obtained by the taxpayer or the taxpayer's dependent at  
          a vocational institution, as defined.       Specifically, this  
          bill:  


          1)Allows a credit, under the Personal Income Tax (PIT) Law, in  
            an amount equal to 15% of the tuition paid or incurred by a  
            taxpayer during the taxable year for education and training  
            obtained by the taxpayer or the taxpayer's dependent at a  











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            vocational institution. 


          2)Limits the amount of the credit allowed to be claimed to  
            $2,500 per taxable year.


          3)Defines a "vocational institution" as a private, postsecondary  
            institution that grants only certificates or associate  
            degrees.


          4)Authorizes the taxpayer to carry forward the tax credit to the  
            following tax year, and succeeding seven years, if necessary,  
            until the credit is exhausted. 


          5)Disallows the credit if the tuition costs are claimed by the  
            taxpayer as an ordinary and necessary business expense. 


          6)Disallows the credit to a taxpayer who pays for the tuition at  
            a vocational institution with distributions from the  
            taxpayer's Golden State Scholarshare College Savings Account.


          7)Contains legislative findings and declarations regarding the  
            goals, purposes and objectives of this credit as well as the  
            performance indicators, data collection requirements and  
            baseline measurements, as required by Revenue and Taxation  
            Code (R&TC) Section 41.


          8)Takes effect immediately as a tax levy. 


          EXISTING LAW:  













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          1)Allows a tax credit, called the Lifetime Learning Credit, of  
            up to $2,000 for qualified educational expenses, which include  
            tuition and certain related expenses required for enrollment  
            in a course at an eligible educational institution.  The  
            course must either be part of a post-secondary degree program  
            or taken by the student to acquire or improve job skills.   
            This tax credit is phased out if the taxpayer's modified  
            adjusted gross income (AGI) is between $53,000 and $63,000  
            ($107,000 and $127,000 for taxpayers filing a joint return). 


          2)Allows a tax credit, called the American Opportunity Credit,  
            of up to $2,000 for the first $2,000 of qualified tuition and  
            related expenses, and a 25% credit for the next $2,000 of  
            qualifying expenses, for a total tax credit of $2,500 each  
            year per student.  Up to 40% of the tax credit is refundable.   
            This tax credit is phased out if the taxpayer's modified AGI  
            is between $80,000 and $90,000 ($160,000 and $180,000 for  
            taxpayers filing a joint return).  This credit is limited to  
            an eligible student's first four years of postsecondary  
            education.  


          3)Excludes from the taxpayer's gross income payments received by  
            the taxpayer from his/her employer, up to $5,250, for tuition,  
            fees, books, supplies, and equipment under the employer's  
            educational assistance program.  Educational assistance does  
            not include a) tools or supplies retained by the employee  
            after completion of the instruction; b) meals, lodging or  
            transportation; or c) courses involving sports, games, or  
            hobbies.  The term "education" includes any form of  
            instruction or training that improves or develops the  
            capabilities of an individual.  Education may be furnished  
            directly by the employer, or through a third party such as an  
            educational institution.  Education is not limited to courses  
            that are job related or part of a degree program.  


          EXISTING STATE LAW:











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          1)Provides various tax credits designed to provide tax relief  
            for taxpayers who incur certain expenses or to influence  
            taxpayers' behavior.   


          2)Does not conform to the federal Lifetime Learning Credit law,  
            nor does it provide for a comparable tax credit.


          3)Does not conform to the American Opportunity Credit, nor does  
            it provide for a comparable tax credit. 


          4)Conforms, in general, to the exclusion of up to $5,250 of  
            employer-provided educational assistance benefits from an  
            employee's gross income.


          FISCAL EFFECT:  The Franchise Tax Board's (FTB) staff estimates  
          that this bill will result in an annual loss of $30 million in  
          the fiscal year (FY) 2015-16, $75 million in FY 2016-17, and  
          $110 million in FY 2017-18.  


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

          "As California emerges from the recent recession, the need for  
            skilled labor is on the rise.  Our UCs and CSUs are severely  
            impacted despite the fact that many of the state's current  
            labor demands do not necessarily require a Bachelor's Degree.

          "Certificates and Associate's Degrees obtained at vocational  
            institutions serve just as well, if not better, than  
            traditional higher education for jobs in many of California's  











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            most in-demand professions such as auto mechanics, vocational  
            nurses and pharmacy technicians.

          "California needs to incentivize attendance at these types of  
            institutions in order to meet current demands of the job  
            market and to help students obtain a fast and affordable  
            education.

          "Instituting a state tax credit to help offset the costs of  
            attending a vocational school, will incentivize people to  
            attend these types of institutions and gain the skills  
            necessary to obtain gainful employment.'

          "By lowering the cost of attendance at one of these  
            institutions, California will encourage its residents who may  
            be looking to earn a certificate or license in a high-demand  
            job field to attend these schools and gain these  
            certifications that will make them career-ready and  
            sought-after by employers in the state."

           2)Arguments in Support  .  The proponents of this bill note that  
            "[v]ocational school students are typically working parents  
            tasked with supporting a family and completing their  
            education." They argue that this bill is "California's  
            opportunity to support hard-working students who are getting  
            back into the classroom to get hands-on job training."  

           3)Arguments in Opposition  .  The opponents state that when "the  
            for-profit private education setting has been objectively  
            studied, the default rates, graduation rates, and job  
            placement rates have all consistently lagged far behind the  
            value of less expensive alternatives; alternatives that do not  
            require the student to incur as much debt."  They argue that  
            this bill "would misdirect tax dollars without accountability"  
            and that the "substantial revenue loss from this program  
            could?be far better directed in terms of directly paying for  
            job training and upgrading of skills" rather than tax credits.  













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           4)For-Profit Career Schools  .  State support for higher education  
            has been dramatically reduced because of budget crises over  
            the last 10 years, impacting not only the University of  
            California and California State University, but also the  
            state's Community College system.  Many potential students had  
            no other option but to enroll in for-profit vocational schools  
            that offered certificates and associate degrees in various  
            fields, including health, accounting, and computer services,  
            among others.  These schools promised practical training,  
            professional certification, and placement at high-paying jobs  
            after graduation.   Some vocational schools, however, have  
            been criticized for misrepresenting job placement rates to  
            students and investors, leaving former students jobless and in  
            debt, and violating California's false advertising and unfair  
            competition laws.  In fact, the California Attorney General  
            recently filed a lawsuit alleging that Corinthian Colleges,  
            which is a for-profit company offering postsecondary  
            education, violated consumer protection and securities laws,  
            misrepresented job placement rates to students and investors,  
            advertised for programs that it did not offer, and subjected  






























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            students to unlawful debt collection practices.<1>  On April  
            26, 2015, Corinthian Colleges, Inc., announced that it has  
            "ceased substantially all operations and discontinued  
            instruction" at several campuses and filed for bankruptcy on  
            May 4, 2015 .<2> A few other for-profit career schools are  
            currently under investigation by state attorneys' general in  
          ---------------------------
          <1> Corinthian Colleges, Inc. (CCI) owned Heald, Everest, and  
          WyoTech campuses in California.  CCI institutions offered a  
          range of programs, including 8- to 12-month certificate  
          programs, with tuition and fees that ranged from $13,100 to  
          $21,338, 24-month associate's degree programs with tuition and  
          fees that ranged from $33,120 and $42,820; and bachelor's degree  
          programs that were between $60,096 and $75,384.  According to a  
          2014 complaint filed by the Consumer Financial Protection Bureau  
          (CFPB), most students attending CCI were low-income, or the  
          first in their families to seek an education beyond high school.  
           In 2012, CCI reported that 85% of its students had family  
          incomes of less than $45,000 per year.  An estimated 57% of CCI  
          students had household incomes of $19,000 or less, and 35% of  
          CCI students had a household income of less than $10,000.   Most  
          students attending CCI received federal financial aid; according  
          to CCI's filing with the Securities and Exchange Commission, CCI  
          received 84.8% of their net revenue from federal financial aid  
          (Title IV: Pell  Grants and Federal Loans).
          <2> According to the California Attorney's General Office, the  
          closure follows oversight and enforcement actions by state and  
          federal agencies, including the California Department of  
          Justice, the U.S. Department of Education, the U.S. Consumer  
          Financial Protection Bureau, the California Student Aid  
          Commission, the California Bureau of Private Postsecondary  
          Education, and several other state attorney generals. 


















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            various states.<3>  

           5)Funding for Community Colleges  .  According to a study by the  
            Public Policy Institute of California, in 2010-11 California  
            spent $1.6 billion less in higher education than it did 10  
            years earlier, adjusted for inflation.  (Hans Johnson,  
            Defunding Higher Education:  What are the Effects on College  
            Enrollment, Public Policy Institute of California, May 2012.)   
             However, with the passage of Proposition 30, General Fund  
            (GF) revenue is estimated to increase by about $6 billion per  
            year, which would primarily be used to restore funding to  
            California's public school system.  In January, Governor Brown  
            proposed to allocate $7.3 billion to community colleges in FY  
            2015-16, an increase of 8% from the current year.  The new  
            funding will allow community colleges to enroll more students  
            and offer more classes. 

            This bill proposes to subsidize education and training  
            obtained by taxpayers at vocational for-profit institutions.    
            While a tax credit for educational expenses incurred at a  
            private school may encourage students to get vocational  
            --------------------------
          <3> To date, 37 state attorney generals are participating in a  
          joint working group examining for-profit colleges, according to  
          the office of Kentucky Attorney General Jack Conway, and at  
          least 24 state attorney generals are actively investigating  
          specific for-profit colleges in their states.  See, e.g.,  
          http://www.republicreport.org/2014/law-enforcement-for-profit-col 
          leges/










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            training, it is questionable whether scarce GF moneys should  
            be used to subsidize private schools, especially given that  
            tax expenditure programs tend to decrease the amount of funds  
            available for public education funding in the first instance.   
             Instead of forgoing GF revenues, the Committee may wish to  
            consider whether these funds may be better utilized if  
            directly appropriated to the state's Community College system.  


           6)Existing Tax Incentives for Continuing Training and Education  .  
             Current California tax law provides for several tax  
            incentives for individuals who invest in continuing education  
            and training.  The expenses incurred by employers in training  
            employees are uniformly regarded as a business expenditure,  
            which means that these expenses can be fully deducted from  
            gross income as "ordinary and necessary" business expenses.   
            The cost of continuing education provided to the employer -  
            the business owner - is also deductible as a business expense  
            as long as the education maintains or improves skills required  
            in the employer's trade or business, or that is required by  
            law or regulations for maintaining a license to practice, keep  
            the salary, or hold a job.  For example, a practicing attorney  
            may deduct the cost of continuing legal education if the  
            continuing legal education is a requirement for maintaining  
            the membership in the State Bar Association.  However,  
            expenses for re-training for another position or expenses  
            necessary to meet the minimum requirements for a position are  
            not eligible for a deduction (e.g., a law student may not  
            deduct the cost of a bar exam even if she/he working part-time  
            at a law firm while studying the exam).   

          An individual taxpayer may also deduct certain educational  
            expenses, but only to the extent those expenses are  
            work-related and they exceed 2% of the taxpayer's AGI.   
            However, the costs of preparing for state credentialing  
            (certification, licensing or registration) examinations that  
            are required in order to practice certain professions are not  
            currently deductible.  In addition, an individual may exclude  
            from his/her gross income payments up to $5,250 received from  











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            his/her employer for tuition, fees, books, supplies, or  
            equipment under the employer's educational assistance program.  
             Education under this program does not have to be job-related  
            or be part of a degree program.  

           7)Credit and Deduction.   Existing law already provides a tax  
            incentive, in the form of a deduction, for certain education  
            and training costs.  This bill would allow a qualified  
            taxpayer an alternative tax benefit, in lieu of a deduction.   
            A tax credit is more valuable because it lowers the tax  
            liability dollar-for-dollar.  In contrast, a deduction  
            decreases the taxable income so the deduction's value depends  
            on one's tax bracket.  For example, if a taxpayer is in the  
            25% bracket, a $1,000 deduction would lower the taxpayer's tax  
            bill by $250.  In contrast, a $1,000 credit decreases the tax  
            liability by the full $1,000 regardless of the tax bracket.   

           8)529 Plans.   Existing federal and state laws allow taxpayers to  
            contribute to qualified tuition programs under the Internal  
            Revenue Code Section 529, known in California as the "Golden  
            State Scholarshare Trust" (ScholarShare).  ScholarShare  
            enables taxpayers to save for college by saving money in  
            tax-advantaged investments.  Neither earnings nor  
            disbursements, when used for tuition and other qualified  
            expenses, are subject to income taxes.  This bill would  
            disallow the credit to taxpayers who use the tax-deferred  
            funds in a ScholarShare account to pay for tuition.  However,  
            this bill would not preclude taxpayers from claiming the  
            credit for tuition paid with funds accumulated on a tax-free  
            basis in other 529 plans.  

           9)The Costs of Training of Non-California Workforce Would  
            Qualify for the Credit  .  Clearly, a highly educated workforce  
            is one of the most important factors of sustaining a healthy  
            and diversified economy in California.  However, the  
            application of this bill is not limited to California  
            workforce and, arguably, would be extended to the tuition  
            costs incurred by a taxpayer in paying for education and/or  
            training of dependents based outside of California.  The  











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            Committee may wish to limit this bill's application only to  
            costs of tuition for education and training obtained by  
            California-based workforce.

           10)California Workforce Development Programs:  Tax Credits vs.  
            Grants  .  Although well intentioned, this bill represents an  
            attempt to use the tax code to accomplish a public policy  
            objective that would be more efficiently addressed through  
            direct outlay of state funds. 
          There are several workforce development programs in California;  
            they are primarily administered through the Labor and  
            Workforce Development Agency and the California Community  
            College System.  One of the largest programs of its kind in  
            the nation is the Employment Training Panel (ETP), a business-  
            and labor-supported state agency that funds job skill  
            development initiatives that have good pay potential.  The ETP  
            provides customized training to new and current workers of  
            California employers, particularly those facing out-of-state  
            competition.  One source of funding is provided by an  
            assessment of one-tenth of 1% of unemployment insurance wages  
            paid by every private, for-profit employer in California, as  
            well as some non-profits amounting to no more than $7 per  
            covered employee per year.  In fiscal years (FY) 2010-11 and  
            2011-12, the ETP received alternative funding aimed at  
            training workers for jobs emerging in the recovering economy.   


          As noted by the California Budget Project, nearly two-thirds of  
            the projected 2020 labor force is already past high-school  
            age, and meeting the needs of working adults requires changes  
            in the areas that include financial aid policies; supportive  
            services, such as child care and transportation; new  
            approaches to teaching and curriculum design; and flexibility  
            in the scheduling of classes.  (California Budget Project,  
            Mapping California's Workforce Development System:  A guide to  
            Workforce Development Programs in California, 2009.)  It was  
            also suggested that one promising strategy for addressing both  
            the needs of workers and employers is employment and training  
            programs that target a specific industry and work to meet its  











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            local labor market needs.  (Id.).  

          It appears that a stand-alone tax credit is not sufficient to  
            improve the state's workforce or to ensure that the state's  
            workers have the skills needed to compete in the global  
            marketplace.  The Committee may wish to consider whether a  
            direct grant program to cover tuition of individuals at  
            vocational institutions would be a better vehicle to achieve  
            these goals.  

           11)Sunset Date  .  This bill does not contain a sunset date.  It  
            should be noted that, once enacted, it takes a two-thirds vote  
            to rescind an existing tax expenditure absent a sunset date,  
            effectively resulting in a "one-way ratchet" whereby tax  
            expenditures can be conferred by majority vote, but cannot be  
            rescinded, irrespective of their efficacy, without a  
            supermajority vote.  The Committee may wish to add a five-year  
            sunset to this bill and require the Legislative Analyst to  
            prepare a study regarding the impact of this tax credit on the  
            California economy and to report back to the Legislature its  
            findings prior to the sunset date.  

           12)Implementation Concerns  .  As noted in the analysis prepared  
            by the Franchise Tax Board (FTB) staff, this bill would allow  
            a credit to a taxpayer who pays for, or incurs, vocational  
            school tuition for the taxpayer or his/her dependent.  The  
            term "taxpayer" may refer to one individual or a married  
            couple.  Furthermore, the term "dependent of the taxpayer" is  
            an undefined phrase.  The FTB staff recommends that this bill  
            be amended to clarify these terms to avoid any disputes  
            between taxpayers and the FTB. 

           13)Prior Legislation  .

             a)   AB 2519 (Patterson), of the 2013-14 Legislative Session,  
               is substantially similar to this bill.  AB 2519 was held on  
               the Assembly Appropriations Committee's Suspense File. 

             b)   AB 1735 (Harkey), of the 2010-11 Legislative Session,  











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               would have allowed a credit, under both the Personal Income  
               Tax Law and the Corporation Tax Law, in an amount equal to  
               50% of the costs paid or incurred by a taxpayer during the  
               taxable year for education and training provided to either  
               the taxpayer or its employees.  AB 1735 was held on this  
               Committee's Suspense File. 

             c)   SB 1163 (Vasconcellos), of the 2001-02 Legislative  
                                                               Session, would have allowed a 100% credit for amounts paid  
               or incurred, not to exceed $1500, for information  
               technology training for the taxpayer or any employee of the  
               taxpayer.  SB 1163 was never heard by the Senate Committee  
               on Revenue and Taxation.  



          REGISTERED SUPPORT / OPPOSITION:




          Support


          Valley Regional Occupational Program


          Clovis Unified School District




          Opposition


          American Federation of State, County and Municipal Employees  
          (AFSCME), AFL-CIO













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          California Tax Reform Association




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