BILL NUMBER: AB 1399 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Baker
FEBRUARY 27, 2015
An act to add and repeal Section 23692 of the Revenue and Taxation
Code, relating to taxation, to take effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1399, as introduced, Baker. Corporation tax law: credits:
domestic violence shelters.
The Corporation Tax Law allows various credits against the tax
imposed by that law. Under existing law, the Office of Emergency
Services is responsible for administering the Comprehensive Statewide
Domestic Violence Program, which distributes grant awards to
domestic violence shelter service providers and provides financial
and technical assistance to local domestic violence centers in
implementing specified services and requires priority for this
assistance to be given to, among others, emergency shelters.
This bill would, for taxable years beginning on or after January
1, 2016, and before January 1, 2021, allow a credit against the tax
imposed under that law for 50% of monetary contributions to a
domestic violence shelter service provider or emergency shelter, as
defined, eligible to receive a grant award or financial and technical
assistance pursuant to that program. The bill would provide that the
credit would not exceed $200,000 per taxpayer, that the credit would
be awarded on a first-come-first-serve basis, and that the credit
would have an aggregate cap of $50,000,000 for each calender year.
The bill would require the Franchise Tax Board and the Office of
Emergency Services to administer the credit, as specified.
This bill would take effect immediately as a tax levy.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23692 is added to the Revenue and Taxation
Code, to read:
23692. (a) For each taxable year beginning on or after January 1,
2016, and before January 1, 2021, there shall be allowed as a credit
against the "tax," as defined in Section 23036, an amount equal to
50 percent of a monetary contribution made by a taxpayer to a
domestic violence shelter service provider or emergency shelter.
(b) For the purposes of this section, the following definitions
shall apply:
(1) "Domestic violence shelter service provider" shall have the
same meaning as in Section 13823.15 of the Penal Code and eligible to
receive a grant award pursuant to the program.
(2) "Emergency shelter" shall have the same meaning as in Section
13823.15 of the Penal Code and eligible for financial or technical
assistance pursuant to the program.
(3) "Program" means the Comprehensive Statewide Domestic Violence
Program described in Section 13823.15 of the Penal Code.
(c) The amount of the credit shall not exceed two hundred thousand
dollars ($200,000) per taxpayer, per taxable year.
(d) Upon application by the taxpayer to the Franchise Tax Board,
the Franchise Tax Board shall certify a contribution meeting the
requirements of this section pursuant to paragraph (1) of subdivision
(i).
(e) In the case where the credit allowed by this section exceeds
the "tax," the excess may be carried over to reduce the "tax" in the
following year, and succeeding five years, if necessary, until the
credit is exhausted.
(f) This credit shall be in lieu of any other credit or deduction
that the taxpayer may otherwise claim pursuant to this part with
respect to a contribution described in subdivision (a).
(g) This credit shall be claimed on a timely filed original
return.
(h) (1) The aggregate amount of credits allowed under this section
shall not exceed fifty million dollars ($50,000,000) for each
calendar year.
(2) The allocation of credits shall be on a
first-come-first-served basis.
(i) The Franchise Tax Board and the Office of Emergency Services
shall administer this credit.
(1) The Franchise Tax Board shall perform all of the following:
(A) Adopt rules and regulations as necessary or appropriate to
implement this credit.
(B) Establish application forms and procedures.
(C) Track credits claimed.
(D) Post aggregate totals of the credits claimed on the Internet
Web site of the Franchise Tax Board.
(E) Determine when the aggregate total of credits reaches fifty
million dollars ($50,000,000) for a calendar year.
(F) Based on the list provided by the Office of Emergency Services
pursuant to paragraph (2), certify that a contribution meets the
requirements of this section.
(2) The Office of Emergency Services shall annually submit to the
Franchise Tax Board a list of those domestic violence shelter service
providers and emergency shelters eligible for a grant award or
technical and financial assistance pursuant to the Comprehensive
Statewide Domestic Violence Program described in Section 13823.15 of
the Penal Code.
(j) The Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code) shall not apply to the rules or regulations adopted pursuant to
this section.
(k) This section shall remain in effect only until December 1,
2021, and as of that date is repealed.
SEC. 2. It is the intent of the Legislature to make the findings
required by Section 41 of the Revenue and Taxation Code.
SEC. 3. This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.