BILL NUMBER: AB 2490 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 26, 2016
AMENDED IN ASSEMBLY APRIL 11, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Gatto
FEBRUARY 19, 2016
An act to add Section 23714 to the Revenue and Taxation Code,
relating to taxation, to take effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2490, as amended, Gatto. Corporation Tax Law: exemption:
regulated investment company.
Existing law, the Corporation Tax Law, generally conforms to the
federal income tax laws that apply to a regulated investment company
and further provides that for purposes of the Corporation Tax Law,
its "net income" is equal to its "investment company income."
Existing law exempts from tax under the Corporation Tax Law, various
organizations including credit unions, fraternal societies, social
welfare organizations, and labor organizations.
This bill would exempt from tax provide
that under the Corporation Tax Law, a regulated investment
company that is a mutual fund investment management company owned by
investors in the mutual funds that it serves.
serves is not subject to tax. The bill would authorize the Franchise
Tax Board to promulgate regulations as necessary or appropriate to
carry out this provision.
This bill would take effect immediately as a tax levy.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23714 is added to the Revenue and Taxation
Code, to read:
23714. (a) Notwithstanding any other law, a
regulated investment company, as defined in Section 851 of the
Internal Revenue Code, relating to definition of regulated investment
company, that is a mutual fund investment management company owned
by the investors of in the
mutual fund funds that it
serves. serves is exempt from the taxes
imposed by this part, except as provided in Article 2 (commencing
with Section 23731).
(b) The Franchise Tax Board may promulgate regulations as
necessary or appropriate to carry out the purposes of this section.
SEC. 2. This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.