BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |AB 1944 |Hearing |6/22/16 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Jones |Tax Levy: |Yes | |----------+---------------------------------+-----------+---------| |Version: |6/13/16 Amended |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Bouaziz | |: | | ----------------------------------------------------------------- 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 AB 1944 (Jones) 6/13/16 Page 2 of ? 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 AB 1944 (Jones) 6/13/16 Page 3 of ? 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 AB 1944 (Jones) 6/13/16 Page 4 of ? AB 1944 (Jones) 6/13/16 Page 5 of ? Support and Opposition (6/15/16) Support : San Diego Regional Chamber of Commerce; San Francisco Chamber of Commerce; United States Olympic Committee. Opposition : Unknown. -- END --