BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |AB 1944                          |Hearing    |6/22/16  |
          |          |                                 |Date:      |         |
          |----------+---------------------------------+-----------+---------|
          |Author:   |Jones                            |Tax Levy:  |Yes      |
          |----------+---------------------------------+-----------+---------|
          |Version:  |6/13/16     Amended              |Fiscal:    |Yes      |
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          |Consultant|Bouaziz                                               |
          |:         |                                                      |
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            Personal Income Tax Law:  gross income exclusion:  Olympic and  
                                  Paralympic Games



          Excludes from income the value of any prize or award won in the  
          Olympic Games or Paralympic Games.


           Background 

           Generally, federal and state tax law provide that "income"  
          includes all income from any source, such as wages, dividends,  
          or capital gains, unless specifically excluded, such as  
          employer's health insurance contributions, and insurance  
          payments.  California typically conforms to federal law for  
          exclusions to gross income for ease of administration: in 2015,  
          the state conformed to the federal exclusion from gross income  
          of qualified military base realignment and closure fringe  
          benefits (AB 154, Ting, 2015).  

          Income includes all gifts and prizes unless specifically  
          excluded, such as employee achievement awards, and any gift or  
          prize donated to charity.  California also expressly excludes  
          from income some items that are includible as income in federal  
          tax, such as lottery winnings, unemployment insurance, and a  
          portion of social security benefits.   


           Proposed Law







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           Assembly Bill 1944 excludes from income the value of any medal  
          given by the International Olympic Committee and any prize money  
          or honoraria received from the United States Olympic Committee  
          in athletic competition in the Olympic Games or the Paralympic  
          Games.  

          The measure applies to taxable years beginning on or after  
          January 1, 2016 and before January 1, 2021.


           State Revenue Impact

           The Franchise Tax Board (FTB) estimates General Fund revenue  
          losses of $100,000 in 2016-17, $6,000 in 2017-18, and $4,000 in  
          2018-19.  


           Comments

           1.   Purpose of the bill.   According to the author, "This bill  
          would exclude from income tax the value of any medal given by  
          the International Olympic Committee and any prize money or  
          honorarium given by the United States Olympic Committee as a  
          result of winning a gold, silver, or bronze medal in the Olympic  
          or Paralympic games.  This legislation does not include income  
          generated through any sponsorship deals or other endorsements  
          the athlete may receive.  Many countries compensate their  
          Olympic and Paralympic athletes, but athletes representing the  
          United States compete on a voluntary basis and earn no prize  
          money unless they are victorious in competition.  Tragically,  
          American athletes who do win a bronze, silver, or gold medal are  
          then subjected to federal and state taxes."

          2.  What about me?   The Olympic Games are one of the world's most  
          enduring and popular traditions, and seek to bring together  
          representatives from all countries across the globe in athletic  
          competition.  However, global associations of all form and  
          fashion hold competitions every year to recognize the best among  
          them, and award fully taxable prizes:  Nobel Prizes are awarded  
          to individuals in recognition of scientific and cultural  
          contributions to the world, and the American Academy of Motion  
          Pictures Arts and Sciences recognizes excellence in filmmaking  
          by bestowing Academy Awards to name a few.  These awards are won  








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          by dedicated, talented individuals who work hard to become the  
          best; however, AB 1944 excludes only prizes won by Olympic and  
          Paralympic Athletes from tax.  Why should one set of successful  
          competitors be excluded from tax when others have to pay?  The  
          Committee may wish to consider what policy rationale to apply  
          when distinguishing tax-free winnings from taxable ones.

          3.   Reverse Nonconformity.   California law does not  
          automatically conform to changes to federal tax law, except  
          under specified circumstances.  Instead, the Legislature must  
          affirmatively conform to federal changes.  Generally, when the  
          federal government changes its tax laws, California catches up  
          by enacting its own legislation the following year to reduce  
          differences between the two codes, thereby easing the tax  
          preparation burden on taxpayers, tax preparers, and the  
          Franchise Tax Board.  AB 1944 seeks to exclude prizes and awards  
          won in the Olympic Games and the Paralympic Games from income  
          before Congress has acted, upsetting the usual timing for  
          conformity items, and potentially confusing affected taxpayers  
          by requiring them to include their prizes and awards for federal  
          purposes but excluding them for state tax purposes.  The  
          Committee may wish to consider deferring action on AB 1944 until  
          and unless Congress acts, after which it can conform to the  
          federal change.

          4.   Prior legislation.   

                 AB 2323 (Gorell, 2014), contained provisions  
               substantially similar to this bill.  AB 2323 was held by  
               the Senate Committee on Appropriations.  

                 AB 1786 (Mansoor, 2012), would have excluded from gross  
               income the value of any prize or award won by the taxpayer  
               in athletic competition in the Olympic Games.  AB 1786 was  
               held by the Senate Committee on Appropriations.  


           Assembly Actions

           Assembly Revenue and Taxation9-0
          Assembly Appropriations       20-0
          Assembly Floor                80-0










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          Support and  
          Opposition   (6/15/16)


           Support  :  San Diego Regional Chamber of Commerce; San Francisco  
          Chamber of Commerce; United States Olympic Committee.

           Opposition  :  Unknown.



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