BILL ANALYSIS Ó AB 1791 Page 1 Date of Hearing: May 18, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1791 (Lopez) - As Amended May 12, 2016 ----------------------------------------------------------------- |Policy |Revenue and Taxation |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: The bill excludes from gross income, for taxable years beginning on or after January 1, 2016, and before January 1, 2019, retirement pay from the federal government for military service performed in the Armed Forces of the United States, the reserve AB 1791 Page 2 component of the Armed Forces of the U.S., or the National Guard, and survivor benefits payments, as specified. The provisions of this bill are contingent upon appropriation for the Franchise Tax Board (FTB) of administrating the income exclusion. FISCAL EFFECT: Annual General Fund cost pressure of approximately $330 million, $210 million, and $105 million in FY 2016-17, FY 2017-18, and FY 2018-19, respectively. COMMENTS: 1)Purpose. The author notes that California has the third largest population of military retirees in the country, with an estimated 165,000 retired military personnel. This bill is intended to create an exclusion from gross income for retirement pay received for the military service performed in the US Armed Forced, the reserve component of the US Armed Forces, or the National Guard. 2)Background. Under federal and state tax law, some income tax benefits are extended to military personnel or their families. Military death benefits paid to qualified survivors, military pay for service in combat zones, and the premium paid into a survivor annuity account are all excluded from the calculation of gross income. However, these benefits, while valuable, are much more limited in scope than the income exclusion proposed by AB 1791. 3)Related legislation. AB 1275 (Gray) of 2015 and AB 1077 (Anderson) of 2009, similarly proposed to exclude military retirement pay from the calculation of gross income. AB 1275 AB 1791 Page 3 was held in this committee while AB 1077 was held in the Assembly Committee on Revenue and Taxation. Analysis Prepared by:Luke Reidenbach / APPR. / (916) 319-2081