BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1736


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          Date of Hearing:  May 18, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1736 (Steinorth) - As Amended May 12, 2016


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          |Policy       |Housing and Community          |Vote:|7 - 0        |
          |Committee:   |Development                    |     |             |
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          |             |Revenue and Taxation           |     |9 - 0        |
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          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill creates a homeownership savings account (HSA) and  
          allows a deduction for contributions made by qualified  
          individuals to the HSA. Specifically, this bill: 









                                                                    AB 1736


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          1)Allows a deduction equal to the amount contributed in the HSA  
            by a qualified taxpayer in any taxable year commencing on or  
            after January 1, 2017 and before January 1, 2019, not to  
            exceed:


             a)   $20,000 for qualified taxpayers who are married filing a  
               joint return, a head of household and surviving spouses, as  
               defined. 


             b)   $10,000 for qualified taxpayers filing a return other  
               than those specified.


          2)Allows the deduction only if a budget measure specifically  
            appropriates moneys to the Franchise Tax Board (FTB) to  
            administer the HSA deduction.  


          3)Excludes income withdrawn from the HSA from gross income of  
            the taxpayer if those funds are used to pay for homeownership  
            savings expenses. 


          4)Specifies that a HSA is subject to the same requirements and  
            limitations as an Individual Retirement Account (IRA), except  
            as otherwise noted, and that it must be established by a  
            qualified taxpayer whose gross income is less than or equal to  
            80 percent of the area median income and must pay for  
            homeownership savings expenses.


          5)87Defines a "qualified taxpayer" as any individual, or  
            individual's spouse, who has never had an ownership interest  
            in a principal residence subject to the contribution allowed  
            by this section.









                                                                    AB 1736


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          FISCAL EFFECT:


          General Fund cost pressures of approximately $90 million in FY  
          2017-18 and $110 million in FY 2018-19. 


          COMMENTS:


          1)Purpose. According to the author, AB 1736 will help first-time  
            homebuyers save more for their first home. This bill is  
            intended to make the benefits of homeownership more attainable  
            for families across California. 


          2)Background on tax-advantaged savings accounts and retirement  
            plans. Congress has authorized several kinds of retirement  
            savings plans that qualified for reduced or deferred income  
            taxes to encourage workers to save for retirement. A qualified  
            retirement plan, such as a 401(k) plan or an IRA, allows a  
            worker to save for retirement by investing a portion of his or  
            her wages while deferring current income taxes on the original  
            investment and earnings until money is withdrawn. 


          3)Existing homeownership benefits. Both federal and state laws  
            already authorize penalty-free withdrawals of a limited amount  
            of IRA funds for first-time homebuyers. In the case of a  
            traditional IRA, the maximum amount of IRA funds that may be  
            withdrawn without the penalty is $10,000.  On top of these  
            existing IRA benefits, the federal and state tax codes provide  
            significant incentives for homeownership. For example,  
            California spends approximately $4.2 billion on the home  
            mortgage interest deduction. 


          4)Double Benefit. This bill allows taxpayers to make  








                                                                    AB 1736


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            tax-deductible contributions to, and receive tax-free  
            withdrawals from, an HSA as long as the funds are used for  
            qualified expenses.  In contrast, a traditional IRA allows  
            tax-deductible contributions, but imposes a tax on  
            distributions.  And while qualified distributions from Roth  
            IRAs are tax-free, contributions to these accounts are  
            taxable.   





          Analysis Prepared by:Luke Reidenbach / APPR. / (916)  
          319-2081