BILL ANALYSIS                                                                                                                                                                                                    Ó






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          Date of Hearing:  April 4, 2016


                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION


                           Sebastian Ridley-Thomas, Chair





          AB 1929  
          (Brough) - As Amended March 28, 2016


          Majority vote.  Fiscal committee.


          SUBJECT:  Personal income taxes:  earned income credit:  report


          SUMMARY:  Requires the Franchise Tax Board (FTB) to include in  
          its annual California Earned Income Tax Credit (EITC) report to  
          the Legislature the number of tax returns claiming the credit  
          where the credit is either denied or reduced in part.   
          Specifically, this bill:  


          1)Requires the FTB to include in its annual written EITC report  
            to the Legislature, in addition to all other required  
            information, the number of income tax returns that claim the  
            California EITC:


             a)   Where the credit is reduced in part before any refund is  
               issued; or,













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             b)   Where the credit is denied in full before any refund is  
               issued.


          2)Makes technical non-substantive changes. 


          3)Applies to reports required to be submitted by the FTB to the  
            Legislature on or after January 1, 2017.


          EXISTING FEDERAL LAW:


          1)Allows a refundable EITC to certain eligible individuals.  A  
            refundable credit allows for the excess of the credit over the  
            taxpayer's tax liability to be refunded to the taxpayer.  The  
            federal EITC amount is based on a percentage of the taxpayer's  
            earned income and is phased out as income increases.  The  
            percentage varies depending on whether the taxpayer has  
            qualifying children.  Married individuals are eligible for  
            only one credit on their combined earned income and must file  
            a joint return to claim the credit. 


          2)Requires employers to notify their employees that the  
            employees may be eligible for the federal EITC.  


          EXISTING STATE LAW:


          1)Allows, in modified conformity with the federal EITC, a  
            refundable EITC for the lowest-income Californians for taxable  
            years beginning on or after January 1, 2015.  


          2)Provides that the EITC is only available for taxable years for  
            which resources are authorized in the annual Budget Act for  











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            the FTB to oversee and audit returns associated with the  
            credit.


          3)Requires the FTB to report annually to the Legislature the  
            following information related to the California EITC:


             a)   The number of tax returns claiming the credit.


             b)   The number of individuals represented on tax returns  
               claiming the credit.


             c)   The average credit amount on tax returns claiming the  
               credit.


             d)   The distribution of credits by number of dependents and  
               income ranges.


             e)   An estimate of the number of families who are lifted out  
               of deep poverty by the credit and an estimate of the number  
               of families who are lifted out of deep poverty by the  
               combination of the credit and the federal EITC.  


          FISCAL EFFECT:  According to the FTB staff, this bill will not  
          impact General Fund revenues.  


          COMMENTS:  


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












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          "Current law requires the Franchise Tax Board (FTB) to provide a  
            written report to the legislature on specific statistics that  
            measure whether the newly established CalEITC achieves its  
            intended purpose.  It is equally as important for the  
            legislature to evaluate the number of improper payments,  
            whether fraudulent or accidental, in the report to determine  
            the effectiveness of the CalEITC.  Including this information  
            that the FTB already collects as a measure of whether the  
            credit achieves its intended purpose ensures that the  
            administration of the CalEITC maximizes its potential  
            effectiveness to lift people out of poverty.

          "We must make sure the CalEITC is both sustainable and monitored  
            so that it may continue to benefit California's most  
            vulnerable working class.  Analyzing additional elements will  
            make CalEITC reports reliable and comprehensive, further  
            proving their effectiveness.  It is essential that all aspects  
            of the CalEITC are reported so that the Legislature may find  
            ways to continue tracking its success and identify ways to  
            improve it if necessary."
           2)Arguments in Support  .  The proponents of this bill state that  
            "California must be vigilant to ensure" that improper EITC  
            payments do not occur and argue that "legislative oversight of  
            the state EITC program - and the taxpayer dollars used to pay  
            for the refundable tax credit - will be improved if lawmakers  
            have easy access to important data from the FTB."


           3)Federal EITC  .  The federal EITC is an income tax credit for  
            low- to moderate-income individuals and families.  Congress  
            originally approved the tax credit legislation in 1975, in  
            part to offset the burden of Social Security taxes and to  
            provide an incentive to work.  To qualify for the EITC an  
            individual must be employed.  When EITC exceeds the amount of  
            taxes owed, it results in a tax refund to those who claim and  
            qualify for the credit.  The EITC is a percentage of the  
            taxpayer's earned income and is phased out as income  











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            increases.  The EITC percentage varies depending on whether  
            the taxpayer has qualifying children.  The federal credit rate  
            varies from 7.65% to 45%, depending on the number of  
            qualifying children.  



          In order for a taxpayer to qualify for the federal EITC in 2016,  
            an individual's adjusted gross income must be less than  
            $47,955 ($53,505 filing jointly) with three or more qualifying  
            children; $44,648 ($50,198 filing jointly) with two qualifying  
            children; $39,296 ($44,846 filing jointly) with one qualifying  
            child; and $14,880 ($20,430 filing jointly) without a  
            qualifying child.  The maximum credit amount currently is  
            $6,269 for taxpayers with three or more qualifying children;  
            $5,572 for taxpayers with two qualifying children; $3,373 for  
            taxpayers with one qualifying child; and $506 for taxpayers  
            with no qualifying children.  

           4)California EITC  .  The Governor's 2015 May revise of the State  
            budget included the first ever state EITC, which is refundable  
            and focuses on the state's lowest income individuals.  The  
            state EITC was enacted into law in 2015 and is intended to  
            complement the federal EITC to allow a greater benefit per  
            household.  Similar to the federal EITC, the California EITC  
            is established as a refundable credit against personal income  
            taxes owed based on earned income.  However, unlike the  
            federal government, California excludes self-employment income  
            from the definition of "earned income" and only workers with  
            earnings subject to wage withholding qualify for the credit.



          The California EITC is available for tax returns filed for wages  
            earned in 2015.  A credit amount is calculated according to  
            specified percentages of the earned income based on the number  
            of qualifying children.  For 2015 tax year, the credit  
            percentage is 7.65% for individuals without qualifying  
            children, 34% for individuals with one qualifying child, 40%  











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            for individuals with two or more qualifying children, and 45%  
            for individuals with three or more qualifying children.  The  
            maximum 2015 income limitation for both the adjusted gross  
            income and earned income may not be more than $6,580 for  
            individuals with no qualifying children, $9,880 for  
            individuals with one qualifying child and $13,870 for  
            individuals with two or more qualifying children.  Finally,  
            the amount of investment income, such as interest, dividends,  
            royalties, and capital gains, may not exceed $3,400 for the  
            entire tax year.  Thus, unlike most other state EITCs,  
            California's credit only reaches a portion of workers who are  
            eligible for the federal EITC.  

          The California EITC is expected to benefit approximately 825,000  
            families and two million individuals.  This program, however,  
            is operative only for taxable years for which resources are  
            authorized in the annual Budget Act for the FTB to oversee and  
            audit returns associated with the credit.  
           5)Implementation of the California EITC  .  The FY 2015-16 Budget  
            included $22 million for the FTB to implement the credit and  
            conduct public outreach efforts, which is important because  
            the credit targets workers whose earnings are so low that they  
            likely do not ordinarily have to file taxes.  The FTB is  
            working with a large external partnership that includes 24  
            state agencies, United Way, AARP, and the Golden State  
            Opportunity Foundation.  Together, the partnership has built  
            an external clearinghouse for all EITC information -  
            CalEITC4Me.org, which is supported by the public affairs firm  
            Dewey Square.  The site includes a Voluntary Tax Assistance  
            finder as well as a calculator that determines how much you  
            can get back from the federal and state EITC.  Additionally,  
            the FTB has aggressively pursued media coverage in local  
            markets across the state; produced brochures and other  
            promotional materials; and sent those materials to more than  
            100 organizations, ranging from nonprofits to tax preparers.  















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            On March 10, 2016, the FTB released data identifying that  
            201,700 individuals have already claimed the California EITC.   
            Of the individuals claiming this credit 26,000 are first-time  
            filers, meaning they had no existing state tax liability and  
            filed a tax return for the sole purpose of claiming the  
            California EITC.  To date, $100 million in California EITC has  
            been claimed.  While it had been projected that 600,000  
            individuals would claim the credit, the FTB was pleased with  
            the results as there was still one month remaining for  
            individuals to file their tax returns prior to April 15, 2016.





           6)EITC:  Encouraging Workforce Participation  .   Increasing the  
            number of individuals who enter the job market reduces the  
            unemployment rate and generally improves economic conditions.   
            According to the California Budget Project, the EITC  
            encourages and rewards additional work by providing a larger  
            credit as workers' earnings increase.  As an example, a single  
            mother with two children earning $7,500 in 2014 is eligible  
            for a $3,000 credit; if she earns twice as much, she will  
            qualify for the maximum credit of $5,460.  As such, she  
            receives a larger credit by working more.<1> Several studies  
            have shown that the federal EITC has raised labor force  
            participation rate of single mothers by at least seven  
            percentage points<2>.  Other studies show that the federal  
            EITC causes one out of every ten individuals who would  
          ---------------------------
          ---------------------------
          <1> California Budget Project, a state EITC: making california's  
          tax system work better for Working families, December 2014.
          <2> See Jeffrey Grogger, The Effects of Time Limits, the EITC,  
          and Other Policy Changes on Welfare Use, Work, and Income Among  
          Female-Headed Families, Review of Economics and Statistics,  
          2003; and Jeffrey Liebman and Nadda Eissa, Labor Supply Response  
          to the Earned Income Tax Credit, Quarterly Journal of Economics,  
          1996.










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            normally be out of the labor force to start working<3>.  Most  
            studies have shown a significant increase in labor force  
            participation of unmarried mothers.  In fact, one study showed  
            that more than 60% of employment gains made by single mothers,  
            when compared to mothers without children, was due to the  
            EITC<4>.  Additionally, a separate study focused on employment  
            among California women who received cash assistance at some  
            point between 1987 and 2000.  The study found that more than  
            three-quarters of the employment gains between 1991 and 2000  
            for women with several children relative to those with only  
            one child was attributable to the expansion of the EITC<5>.

           7)Additional Benefits  .  In addition to increasing labor  
            participation, the EITC provides a long list of benefits to  
            low-income families.  Specifically, studies have shown that  
            low-income students perform better in school when families'  
            incomes are boosted by the federal EITC.  The EITC may result  
            in increasing completion rates for high school and college.   
            Other studies have also shown an increase in academic  
            achievement and an increase in college attendance<6>.   
            Additionally, the EITC may help offset the disproportionate  
          ---------------------------


          ---------------------------
          <3> The President's Proposal To Expand the Earned Income Tax  
          Credit, Executive Office of the President and U.S. Treasury  
          Department, March 2014.
          <4> Bruce D. Meyer and Dan T. Rosenbaum, Welfare, the Earned  
          Income Tax Credit, and the Labor Supply of Single Mothers, The  
          Quarterly Journal of Economics (2001).
          <5> V. Joseph Hotz, Charles H. Mullin, and John Karl Scholz,  
          Examining the Effect of the Earned Income Tax Credit on the  
          Labor Market Participation of Families on Welfare, National  
          Bureau of Economic Research Working Paper (December 2005).
          <6> Gordon B. Dahl and Lance Lochner, The Impact of Family  
          Income on Child Achievement: Evidence From the Earned Income Tax  
          Credit, American Economic Review (2012); and Raj Chetty, John N.  
          Friedman, and Jonah Rockoff, New Evidence on the Long-Term  
          Impacts of Tax Credits, Statistics of Income Paper Series  
          (November 2011)










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            cost that low-income families pay in state and local taxes.<7>


           8)Annual Reporting Requirement  .  On September 29, 2014, Governor  
            Brown signed into law SB 1335 (Leno), Chapter 845, Statutes of  
            2014, which added R&TC Section 41.  SB 1335 recognized that  
            the Legislature should apply the same level of review used for  
            government spending programs to tax preference programs,  
            including tax credits.  Thus, Section 41 requires any bill  
            introduced on or after January 1, 2015, which creates a new  
            tax credit, to contain specific goals, purposes, and  
            objectives that the tax credit will achieve.  In addition,  
            Section 41 requires detailed performance indicators for the  
            Legislature to use when measuring whether the tax credit meets  
            the goals, purposes, and objectives so-identified.



          As required by Section 41, the California EITC law, which was  
            enacted in 2015, expressly stated the purpose of the credit.   
            Specifically, the purpose of the California EITC is to reduce  
            poverty among California's poorest working families and  
            individuals.  To this end, the California EITC requires FTB to  
            prepare a written report to measure whether the credit  
            achieves its intended purpose.  The report must include an  
            estimate of the number of families who are lifted out of deep  
            poverty by both the federal and the California EITC as well as  
            by the state credit alone.  The report must also include the  
            number of tax returns claiming the credit as well as the  
            number of individuals represented on these tax returns, the  
            average credit amount, and the distribution of credits by  
            number of dependents and income ranges.  This report is  
            required to be submitted to several legislative committees,  
            including this Committee.  
           9)What Does this Bill Do  ?  This bill proposes to expand the EITC  
            reporting requirement to include information on the number of  


          ---------------------------


          <7> California Budget Project, A STATE EITC, citing the analysis  
          conducted by Institute on Taxation and Economic Policy.








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            returns claiming the EITC that was either reduced in part or  
            denied in full before any refund is issued.  


           10)Federal EITC Overpayments:  Fraud or Unintentional Errors  ?   
            While the federal EITC program has been shown to increase  
            work, reduce poverty, lower welfare receipt, and improve  
            children's educational attachment,<8> concerns have been  
            raised about the EITC's error rate. The United States (U.S.)  
            Government Accountability Office reports that, in fiscal year  
            2014, the Internal Revenue Service (IRS) made payments of  
            $65.2 billion for the EITC.<9>  According to the IRS, an  
            estimated 27.2%, or $17.7 billion, of these payments were  
            improper.<10> The IRS has reported that improper payments are  
            a mix of unintentional mistakes and fraud.<11> 



          Complexity "has remained a key factor contributing to improper  
            payments" in the federal EITC program.<12> The U.S. Treasury  
            Department estimates that 70% of the EITC improper payments  
            "stem from issues related to the EITC's residency and  
            relationship requirements, which are complex; filing status  
            issues, which can arise when married couples file (often  
            following a separation) as singles or heads of households; and  
            other issues related to who can claim a child in a  
            non-traditional family arrangements."<13> The Center on Budget  
            and Policy Priorities notes that analysis of "IRS data by  
            Treasury experts and studies by outside researchers suggest  
          ---------------------------
          <8> Council of Economic Advisers, The War on Poverty 50 years  
          Later: A Progress Report, January 2014, Table 2, page 27.
          <9> GAO, Testimony before the Senate Committee on the Budget,  
          U.S. Senate, Government Efficiency and Effectiveness, March 4,  
          2015, p.35. 
          <10> Id.
          <11> Id., p. 37
          <12> Id., p. 35
          <13> Department of the Treasury, Agency Financial Report (AFR),  
          FY 2014, p. 198. 










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            that most EITC overpayments do not result from intentional  
            action by tax filers"<14> and actual overpayment rate is  
            likely lower that IRS estimate.<15>
           11)Federal Efforts to Reduce Improper Payments  .  The IRS has  
            taken various steps since 2010 to reduce EITC errors,  
            including a major initiative to combat EITC errors by paid  
            return preparers.  As explained by the IRS National Taxpayer  
            Advocate Nina Olson, the "low income population is vulnerable  
            to unskilled and unethical preparers" and the single "most  
            useful step Congress can take to improve EITC compliance and  
            reduce the Improper Payments is to enact a regulatory regime  
            that requires unenrolled preparers who prepare returns for fee  
            to demonstrate minimum levels of competency."<16>  Ms. Olson  
            suggested that Congress explicitly authorize the IRS "to  
            require unenrolled return preparers to take a competency test  
            and fulfill annual continuing education requirements as a  
            condition of preparing tax returns for compensation."<17> In  
            addition, the GAO report recommended:  (a) moving the W-2  
            filing deadlines to January 31 to facilitate the use of  
            earnings information in the detection of EITC noncompliance,  
            and (b) broaden IRS's authority to systematically disallow  
            certain erroneous EITC claims with unsupported wages.


             
          ---------------------------
          <14> Center for Budget and Policy Priorities, R. Greenstein, J.  
          Wancheck, and C. Matt, Reducing Overpayments in the Earned  
          Income Tax Credit, December 1, 2015, p.4 (citing J. Holtzblatt  
          and J. McCubbin, Issues Affecting Low-Income Filers; H. Aaron  
          and J. Slemrod, The Crisis in Tax Administration, Brookings  
          Institution Press, November 2002; and J. Liebman, Noncompliance  
          and the EITC: Taxpayer Error or Taxpayer Fraud, Harvard  
          University, November 1995). 
          <15> Id.
          <16> Written Statement of Nina Olson, National Taxpayer Advocate  
          Hearing on IRS Oversight before the Subcommittee on Financial  
          Services and General Government Committee on Appropriations,  
          U.S. House of Representatives, February 26, 2014, pp. 46-47. 
          <17> Id. 










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           12)What is the Urgency  ?  This bill, if enacted, will take effect  
            on January 1, 2017 and will apply to the FTB annual reports  
            starting in 2017.  Currently, the FTB tracks the number of  
            returns claiming the EITC that are "adjusted or denied before  
            refund" in the aggregate.  The changes proposed by this bill  
            to the EITC program would require FTB to modify its existing  
            information systems to report the number of "adjusted" claims  
            and the number of "denied" claims separately, rather than as  
            one combined number.  In light of the recent enactment of the  
            California EITC and ongoing federal efforts to reduce the  
            improper EITC payments, the Committee may wish to consider  
            whether the imposition of the reporting requirement proposed  
            by this bill would be premature and whether its implementation  
            should be delayed to later years. 



           13)Technical Amendments  .  Committee staff suggests the following  
            technical amendments:



            AMENDMENT 1


             


             On page 5, line 5, strike out "that are" and insert:



            where the credit is
                                                                            
            AMENDMENT 2















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            On page 5, line 7, strike out "that are denied" and insert:



            where the credit is 
           14)Related Legislation  .  AB 1847 (Mark Stone) would expands the  
            employee notification requirement relating to the federal EITC  
            to include a reference to the California EITC.  AB 1847 will  
            be heard by this Committee today.


           15)Prior Legislation  .  SB 80 (Committee on Budget and Fiscal  
            Review, Chapter 21, Statutes of 2015) established the  
            refundable California EITC for taxable years beginning on or  
            after January 1, 2015. 



          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Taxpayers Association




          Opposition


          None on file














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          Analysis Prepared by:Oksana Jaffe / REV. & TAX. / (916) 319-2098