BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1399


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          Date of Hearing:  April 13, 2015





                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION


                                 Philip Ting, Chair





          AB 1399  
          (Baker) - As Introduced February 27, 2015


          


          Majority vote.  Fiscal committee.  Tax levy.


          SUBJECT:  Corporation tax law:  credits:  domestic violence  
          shelters


          SUMMARY:  Provides a credit under the Corporation Tax (CT) Law  
          in the amount of 50% of the contributions made to a domestic  
          violence shelter service provider or emergency shelter, not to  
          exceed $200,000.  Specifically, this bill:  


          1)Provides, beginning on or after January 1, 2016, and before  
            January 1, 2021, a credit against the "tax," as defined under  
            the CT Law, in the amount of 50% of contributions made to a  
            domestic violence shelter service provider or emergency  








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            shelter.


          2)Provides that the credit shall not exceed $200,000 per  
            taxpayer, per taxable year.


          3)Provides that the credit is in lieu of any other credit or  
            deduction that the taxpayer may otherwise claim for  
            contributions made to a domestic violence shelter service  
            provider or emergency shelter.


          4)Provides that the credit shall be claimed on a timely filed  
            original return. 


          5)Requires the Franchise Tax Board (FTB), upon application by  
            the taxpayer, to certify contributions meeting the  
            requirements of this bill.


          6)Provides that if the credit exceeds the taxpayer's liability,  
            the excess credit amount may be carried over to the following  
            year, and succeeding five years, if necessary until the credit  
            is exhausted. 


          7)Provides that the credits shall be awarded on a  
            first-come-first-serve basis, and that the aggregate amount of  
            credit shall not exceed $50 million for each calendar year. 


          8)Defines a "domestic violence shelter service provider" as  
            having the same meaning as provided for under the  
            Comprehensive Statewide Domestic Violence Program. 


          9)Defines an "emergency shelter" as having the same meaning, and  








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            eligible for financial or technical assistance pursuant to the  
            Comprehensive Statewide Domestic Violence Program.


          10)Defines a "program" as having the same meaning under the  
            Comprehensive Statewide Domestic Violence Program.  


          11)Provides that the FTB and the Office of Emergency Services  
            (OES) shall administer the credit provided for by this bill. 


          12)Provides that the FTB 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 FTB.


             e)   Determine when the aggregate total of credits reaches  
               $50,000,000 for a calendar year. 


             f)   Certify that a contribution meets the requirements as  
               set forth in this bill based on the list provided by the  
               OES.  


          13)Requires that the OES annually submit to the FTB a list of  








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            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.


          14)Provides that the Administrative Procedures Act shall not  
            apply to the rules or regulations adopted pursuant to this  
            section. 


          15)Provides that this section shall remain in effect only until  
            December 1, 2021, and as of that date is repealed. 


          16)Provides that it is the intent of the Legislature to make the  
            findings required by the Revenue & Tax Code (RTC) Section 41. 


          17)Provides that, as a tax levy, this act go into effect  
            immediately.  


          EXISTING LAW:  


          1)Provides various tax credits to encourage socially-beneficial  
            behavior or to provide relief to taxpayers who incur specified  
            expenses.  Or to influence behavior, including business  
            practices and decisions.  These credits generally are designed  
            to provide incentives for taxpayers to perform various actions  
            or activities that they may not otherwise undertake. 

          2)Allows generally for, taxpayers engaged in a trade or business  
            may deduct all expenses considered ordinary and necessary in  
            conducting that trade or business. 

          3)Allows corporations that are members of the same unitary  
            combined reporting group to assign "eligible" credits to other  








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            members of the group.  An "eligible" credit is any credit  
            earned by the taxpayers in a taxable year beginning on or  
            after July 1, 2008, or any credit earned in any taxable year  
            beginning before July 1, 2008, that was eligible to be carried  
            forward to the first taxable year beginning on or after July  
            1, 2008.  The credit assignment is made by an irrevocable  
            election.  The assignor and assignee taxpayers must be members  
            of the same combined reporting for the taxable year in which  
            the credit is earned and the taxable year the credit is  
            assigned. 

          4)Applies performance measurement standards to any new tax  
            credit under either the Personal Income Tax (PIT) or CT Law if  
            enacted by a bill introduced on or after January 1, 2015.   
            Specifically, existing law requires the all of the following:

             a)   Specific goals, purposes, and objectives that the tax  
               credit will achieve:

             b)   Detailed performance indicators for the Legislature to  
               use when measuring whether the tax credit meets the goals,  
               purposes, and objectives stated in the bill; and,

             c)   Data collection requirements to enable the Legislature  
               to determine whether the tax credit is meeting, failing to  
               meet, or exceeding those specific goals, purposes, and  
               objectives, including a requirement to specify both of the  
               following:

               i)     The baseline data, to be collected and remitted in  
                 each year the credit is effective, for the Legislature to  
                 measure the change in performance indicators; and,

               ii)    The taxpayers, state agencies, or other entities  
                 required to collect and remit data

          FISCAL EFFECT:  The FTB estimates a revenue loss of $11 million  
          in fiscal year (FY) 2015-16, $38 million in FY 2016-17, and $46  
          million in 2017-18.








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          COMMENTS: 


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



               On just one day in 2013, 5,263 victims and their children  
               received services as domestic violence programs throughout  
               the state. On that same day 872 requests for services went  
               unmet, of which 80% were for housing, largely due to lack  
               of resources.  That means 872 individuals, children, and  
               families, could not secure a safe place to stay, or receive  
               vital counseling or resources.  Emergency shelter,  
               transitional housing, and nonresidential services could not  
               be provided because of lack of resources.  Of those unmet  
               needs, approximately 40% of programs report that victims  
               return to their abuser, 37% report that victims become  
               homeless, and 16% report that families end up living in  
               their car. 





               AB 1399 will increase available resources to victims of  
               domestic violence by providing that local business and  
               corporations who make charitable contributions to domestic  
               violence programs can receive a 50% tax credit for that  
               donation.  The recipients of the contribution must be  
               non-profit domestic violence organizations who are grant  
               recipients under the OES Comprehensive Statewide Domestic  
               Violence Program. 











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           2)Arguments in Support  .  YWCA of Glendale states that, "Every  
            day, domestic violence programs . . . struggle to meet the  
            needs of domestic violence survivors, their children and  
            communities with limited financial resources at their  
            disposal. . . . Domestic violence programs rely on a wide  
            range of funding sources to support their programs,  
            including corporate donations. Allowing corporations to  
            claim a tax credit for their donations would help to  
            encourage these businesses to increase donations to the  
            domestic violence programs serving their communities. This  
            bill will benefit domestic violence programs and the  
            businesses that choose to donate."     



           3)Arguments in Opposition  .  The California Tax Reform  
            Association (CTRA) notes that, "[t]his bill's proposed way  
            of accomplishing that end is, however, not as meritorious as  
            its laudable aim."  CTRA continues on to say that, "given  
            the magnitude of the contemplated expenditure, a more  
            targeted and more accountable approach would be a bill that  
            appropriates this money from the General Fund to those  
            programs that the bill already identifies as legitimate  
            recipients. Second, the bill would provide that the credit  
            would not exceed $200,000 per corporate taxpayer.  However,  
            many corporations have already zeroed out their tax  
            liability. Third, and relatedly, the loss of up to $50  
            million to the General Fund means that other worthy programs  
            may not be as well funded. Fourth, the exemption from the  
            Administrative Procedures Act for regulations promulgated  
            under the legislation is confounding.
           
            4)Domestic Violence Shelters (DVS)  .  One in four women will  
            experience domestic violence in their lifetime.  (Tjaden,  
            Patricia & Thoennes, Nancy. National Institute of Justice  
            and the Centers of Disease Control and Prevention, Extent,  
            Nature and Consequences of Intimate Partner Violence:   








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            Findings from the National Violence Against Women Survey,  
            2000.)  DVSs are essential in supporting victims of domestic  
            violence because they answer incoming calls, provide  
            emergency shelters for women and children, and provide much  
            needed counseling.  (Safehorizon. Facts and Stats About  
            Safehorizon. Web. April 1, 2015.)  Moreover, according to a  
            recent article in Forbes magazine, "Domestic violence costs  
            $8.3 billion in expenses annually:  a combination of higher  
            medical costs ($5.8 billion) and lost productivity ($2.5  
            billion)."  (Robert Pearl. Forbes. Domestic Violence:  The  
            Secret Killer That Costs $8.3 Billion Annually. December, 5,  
            2013. Web. April 1, 2015.)


           
            5)What is a "tax expenditure"  ?  Existing law provides various  
            credits, deductions, exclusions, and exemptions for  
            particular taxpayer groups.  In the late 1960s, United  
            States Treasury officials began arguing that these features  
            of the tax law should be referred to as "expenditures,"  
            since they are generally enacted to accomplish some  
            governmental purpose and there is a determinable cost  
            associated with each (in the form of foregone revenues).   
            This bill would enact a new tax expenditure program, in the  
            form of a tax credit for corporations who make contributions  
            to qualified DVS. 


           
            6)How is a tax expenditure different from a direct  
            expenditure  ?  As the Department of Finance notes in its  
            annual Tax Expenditure Report, there are several key  
            differences between tax expenditures and direct  
            expenditures.  First, tax expenditures are reviewed less  
            frequently than direct expenditures once they are put in  
            place.  Second, there is generally no control over the  
            amount of revenue losses associated with any given tax  
            expenditure.  Finally, it should also be noted that, once  
            enacted, it takes a two-thirds vote to rescind an existing  








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            tax expenditure absent a sunset date.  This bill shall  
            remain in effect until December 1, 2021. 


           
            7)Considerations  .  A tax credit for 50% of the monetary  
            contributions to a DVS service provider or emergency shelter  
            is relatively high as compared to other credits in existing  
            law.  Therefore, it is reasonable to assume that this would  
            indeed incentivize corporations to continue/increase their  
            contributions to DVSs; however, the incentive is only  
            temporary and the increased available funding would also be  
            highly volatile depending on the amount of contributions  
            made throughout the year.  This variability could eventually  
            lead to planning complications and potential underfunding  
            for shelters that have over-expanded their services in  
            response to a temporary increase in funding.   



          Moreover, simply creating a greater incentive for corporations  
            to make donations does not necessarily address the issue  
            regarding the lack of funding; this bill does not consider  
            where funding is needed most or how an increase in funding  
            would be most efficiently utilized.  Larger DVS would most  
            likely receive the lion's share of the increased funding  
            solely due to their notoriety.   However, smaller and newer  
            shelters (who may have a greater need for funding) may be  
            entirely neglected and unable to meet their demands.   
            Therefore, regardless of the aggregate increase in funding,  
            if the funding is not distributed efficiently the intended  
            purpose of the author could be met with frustration.  
           
            8)Compliance with Section 41 of the RTC  .  It is unclear as to  
            whether the requirements under Section 41, have been met to  
            the required extent.  First, although the author states that  
            the this bill's effect will be an increase in funding  
            available to DVSs, this bill does not articulate any  
            specific goal, purpose or objective of this bill.  Second,  








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            although this bill requires the FTB's to administer this  
            credit, it does not provide for the required performance  
            indicators or data collection necessary to measure the  
            success of the tax credit.


           
            9)Alternatives  :  The author states the effect of this bill is  
            to increase the available funding to the DVS.  Whereas this  
            tax credit may incentivize corporations to that end, the  
            revenue loss associated with this tax credit may be better  
            justified and the assumed goal of the bill more efficiently  
            achieved through a direct expenditure.  





           10)Implementation Considerations  :  The FTB noted the  
            following:

               This bill lacks [the] administrative details necessary to  
               implement the bill and determine its impacts to the  
               department's systems, forms, and processes. The bill is  
               silent on the following issues:





                           When and what information would the OES  
                    report to the FTB?



                           Would the first-come, first-served basis of  
                    allocating the credit be based on contribution date?  
                    Date the application was filed with the FTB?









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                           How and when would a taxpayer request and  
                    receive notification of an allocation?



                           Would a reallocation of any unallocated  
                    amount or unused allocated amount for a fiscal year  
                    be allowed?



                           A funding mechanism for the FTB's start-up  
                    and on-going costs to administer the certification  
                    and reporting process provisions of this bill.  
                    Absence of a funding mechanism could delay  
                    implementation or require diversion of resources  
                    from existing revenue generating workloads.


          


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Alliance for Community Transformation 


          California Partnership to End Domestic Violence


          California Communities United Institute 










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          Family Services Supporting Tulare County


          Los Angeles Center for Law and Justice 


          Member of Domestic Violence Services 


          Monarch Services


          Mountain Crisis Services in Mariposa 


          Safe Alternatives to Violent Environments 


          Shepherd's Door Domestic violence Resource Center 


          STAND! For Families Free of Violence


          WEAVE, Inc 


          Wild Iris Family Counseling & Crisis Center


          YWCA of Glendale


          41 private individuals




          Opposition








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          American Federation of State, County, and Municipal Employees


          California Tax Reform Association 




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