BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1055


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          Date of Hearing:  May 11, 2015





                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION


                                 Philip Ting, Chair





          AB 1055  
          Baker - As Introduced February 26, 2015


          


          Majority vote.  Fiscal committee.  Tax levy.


          SUBJECT:  Personal Income Tax Law: exclusion: student loan debt  
          forgiveness: disability and blindness.


          SUMMARY:  Provides that gross income does not include discharged  
          student loan debt if the individual is disabled or blind.   
          Specifically, this bill:  


          1)Defines an "eligible individual" as an individual who meets  
            either of the following during the taxable year:


             a)   The individual is entitled to benefits based on  








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               blindness or disability under the federal Social Security  
               Act, Title II or Title XVI; or,


             b)   The individual files a disability certification with the  
               Franchise Tax Board (FTB).


          2)Defines a "disability certification" as a certification that  
            satisfies the FTB and provides both of the following:


             a)   The individual has a medically detrimental physical or  
               mental impairment that results in marked and severe  
               functional limitations that can be expected to result in  
               death, a medically determinable physical or mental  
               impairment that has lasted for a continuous period of not  
               less than 12 months, or is blind, within the meaning of the  
               federal Social Security Act Section 1614(a)(2); and,


             b)   A copy of the individual's diagnosis relating to the  
               individual's relevant impairment signed by a physician  
               meeting criteria of the federal Social Security Act Section  
               1861(r)(1).


          3)This section shall apply to discharges of indebtedness  
            occurring on or after January 1, 2015.


          4)Takes effect immediately as a tax levy.


          EXISTING LAW:  


          1)Provides that "gross income" includes all income from whatever  
            source derived, including compensation for services, business  








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            income, gains from property, interest, dividends, rents, and  
            royalties, unless specifically excluded.


          2)Provides that forgiven student loans are excludible from gross  
            income in certain circumstances.  However, no specific  
            exclusion from gross income for student loans that are  
            forgiven on account of an individual's blindness or  
            disability.


          3)Provides that in the case of an individual, gross income does  
            not include any amount which would normally be included by  
            reason of discharge of any student loan made by a qualified  
            lender if the discharge was pursuant to a provision under  
            which all or part of the indebtedness of the individual would  
            be discharged if the individual worked for a certain period of  
            time in certain professions for any of a broad class of  
            employers.  (Internal Revenue Code (IRC) Section 108(f).)


          4)Provides that cancellation of an individual's student loan is  
            not excludible from gross income if the loan was made by an  
            educational institution and is canceled because of services  
            the individual performed for the educational institution or  
            other organization that provided the funds.


          5)Provides that the amount of an individual's  
            cancellation-of-indebtedness income resulting from a cancelled  
            student loan may be excluded from gross income if the  
            individual is insolvent.  The amount excludible from income is  
            limited to the extent of the individual's insolvency.


          FISCAL EFFECT:  The FTB estimates General Fund revenue loss of  
          $19 million in fiscal year (FY) 2015-16, $12 million in FY  
          2016-17, and $12 million in FY 2017-18. 









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          COMMENTS:  


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


               [AB] 1050 would exempt, for tax purposes, from California  
               gross income any student loan debt that is forgiven for  
               disability or hardship.


           2)Arguments in Support  :  Board of Equalization (BOE) member, 1st  
            District, states that "AB 1055 addresses an issue brought to  
            my attention by a constituent last November.  She disclosed  
            that she suffered a disability after graduating and incurring  
            her student loan debt.  Since her only source of income was  
            Social Security, she applied for debt forgiveness and was  
            approved for cancellation of her remaining debt.   
            Understandably, she was surprised to receive a 1099-C form for  
            the full amount forgiven ($55,000).  This created both a  
            federal and state tax liability, and the following year her  
            monthly Social Security check was reduced based on the  
            additional "income" shown on her tax return.  Unfortunately,  
            she continues to pay off this debt."


           3)Rationale of Taxing Forgiven Debt  :  The practice of taxing  
            debt cancellation reflects sound tax policy because it  
            recognizes the fact that an individual's net worth has  
            increased by the cancellation of debt.  According to  
            Commissioner v. Glenshaw, the Court defined "income" as an  
            accession to wealth that is clearly realized and over which  
            the taxpayer has complete dominion.  (Commissioner v Glenshaw  
            Glass Co., 348 U.S. 426, 431 (1955).)  When debt is cancelled,  
            money that would have been used to pay that loan is now free  
            to be used on whatever the taxpayer wants.  Therefore, because  
            certain assets have been freed, the taxpayer has experienced  








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            an accession to wealth.  Additionally, under the rules of  
            symmetry, the increased wealth when the loan is taken out is  
            also offset by the obligation to pay the same amount.  If the  
            debt is cancelled, the symmetry is destroyed.  The borrower is  
            in a much better position after the debt is cancelled.   
            Additionally, as noted by Debora A. Grier, Professor of Law at  
            Cleveland State University, in her statement before the United  
            States Senate Committee on Finance, without this tax rule,  
            "the borrower will have received permanently tax-free cash in  
            the year of the original receipt," i.e., the year in which the  
            borrower received the loan.


           4)Insolvency  :  Cancellation of debt is not included in income to  
            the extent the taxpayer is insolvent immediately before the  
            debt is cancelled.  A taxpayer is insolvent immediately before  
            the cancellation of debt to the extent that the amount of  
            total liabilities exceeds the fair market value of all assets  
            immediately before the cancellation.  This provision may be  
            used in lieu of an exclusion of student loan debt from gross  
            income.  It is important to remember, however, that the  
            exclusion applies only to the extent of insolvency.  As an  
            example, assume a taxpayer has discharged debt of $5,000.   
            Before the cancellation of debt, the taxpayer had $10,000 in  
            liabilities and the fair market value of all assets is $7,000,  
            meaning that before the cancellation, the taxpayer was  
            insolvent to the extent of $3,000 (total liabilities minus  
            fair market value of assets).  Therefore, the taxpayer may  
            exclude $3,000 from income and include $2,000 as income of the  
            discharged debt.  


           5)What Does this Bill Do  ?  This bill provides that a discharge  
            of student loan debt will not be included in gross income if  
            the individual qualifies for Social Security Income (SSI),  
            Social Security Disability Insurance (SSDI), or upon  
            satisfaction of the FTB.  SSI is a program that pays monthly  
            cash benefits to adults who are blind, disabled, or over the  
            age of 65.  To qualify for SSI, a person must have no more  








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            than $2,000 worth of assets.  If a taxpayer were to have  
            his/her student loans forgiven while on SSI, most of the  
            forgiven debt would be excluded from gross income because the  
            taxpayer would be insolvent.  Under SSI, a taxpayer with  
            $55,000 worth of liabilities and $2,000 worth of assets would  
            be insolvent to the extent of $53,000.  


            Other than SSI, the criteria established by this bill do not  
            consider an individual's ability to pay.  Specifically,  
            eligibility under SSDI is based on the condition of the  
            individual and his/her work history.  Similarly, the third  
            provision of this bill, namely the proposed certification,  
            only needs to show that a person has a medically detrimental  
            physical or mental impairment that can result in death, has a  
            disability that has lasted for a continuous period of not less  
            than 12 months, or is blind.  The Committee may wish to  
            consider the appropriateness of providing an exclusion from  
            gross income to an individual who potentially has sufficient  
            income and assets to satisfy his/her tax liability.


           6)Delegation of Authority  :  This bill grants the FTB with the  
            discretion to provide an exclusion from gross income for the  
            discharge of student loan debts upon the filing of a  
            "disability certification."  A disability certification  
            requires a showing that the person is blind or disabled.   
            However, the "disability certification" must also satisfy the  
            FTB.  The guidelines needed for satisfying the FTB are not  
            provided.  As such, the FTB may be able to deny a claim even  
            after an individual provides documentation of a disability.   
            By failing to specify clear criteria for granting the  
            exclusion, this bill may constitute an unlawful delegation of  
            legislative authority.


           7)Out of Conformity  :  As noted above, California conforms, in  
            general, to federal law with respect to the taxability of  
            student loan forgiveness.  In general, state conformity with  








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            federal law promotes greater simplicity and eases  
            administration of complex tax laws.  By excluding loan amounts  
            cancelled due to a disability, this bill would take California  
            further out of conformity with federal law.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California State Student Association


          Member, State Board of Equalization, District 1




          Opposition


          None on file




          Analysis Prepared by:Carlos Anguiano / REV. & TAX. / (916)  
          319-2098















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