BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2726


                                                                    Page  1





          Date of Hearing:  May 18, 2016 


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2726 (McCarty) - As Introduced February 19, 2016


           ----------------------------------------------------------------- 
          |Policy       | Revenue and Taxation          |Vote:|             |
          |Committee:   |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
           ----------------------------------------------------------------- 


          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill allows a credit under the Personal Income Tax (PIT)  
          Law for contributions made to one or more ScholarShare account.  
          Specifically, this bill: 


          1)Allows a nonrefundable credit for each taxable year beginning  
            on or after January 1, 2016, and before January 1, 2021, in an  
            amount equal to the lesser of 20% of monetary contributions  
            made to one or more ScholarShare accounts or $500. 


          2)Limits the credit to taxpayers based on income limits and tax  








                                                                    AB 2726


                                                                    Page  2





            filing status. Qualified taxpayers are those with adjusted  
            gross incomes of either: 


             a)   $75,000 or less if they are single or married and filing  
               separately filing. 


             b)   $150,000 or less if they file a head of household,  
               surviving spouse, or married filing jointly. 


          1)Establishes performance metrics and data collection and  
            reporting requirements. 


           FISCAL EFFECT:


          Annual GF revenue loss of $23 million, $18 million, and $20  
          million in FY 2016-17, FY 2017-18, and FY 2018-19, respectively.  



          COMMENTS:


          1)Purpose. According to supporters, this bill will provide a tax  
            incentive for families who save for college. The author argues  
            that incentivizing families to establish college savings  
            accounts will ensure obtaining a higher education degree is an  
            achievable goal without burdening students with tremendous  
            amounts of debt. 


          2)ScholarShare 529 College Savings Plans: ScholarShare serves as  
            California's state-sponsored IRC Section 529 qualified tuition  
            program. The savings accounts enabled by ScholarShare provide  
            families with a valuable tool that offers a diverse set of  








                                                                    AB 2726


                                                                    Page  3





            investment options, tax-deferred growth, and withdrawals free  
            from state and federal taxes when used for qualified higher  
            education expenses such as tuition and fees, books, certain  
            room and board costs, computer equipment, and other required  
            supplies.  


          3)Who uses 529 plans? According to the Federal Reserve,  
            high-income households are most likely to use a 529 college  
            savings plan. In 2013, 16% of households above the 95th  
            percentile of the income distribution had a 529 savings  
            account compared to just 0.3% of households below the 50th  
            percentile of the income distribution. Because the proposed  
            tax credit is nonrefundable and is only available to  
            households with income tax liability, it may not reach  
            lower-income households who would most benefit.


          4)Incentivizing behavior or rewarding past behavior?  Under AB  
            2726, the tax credit would be provided for ScholarShare  
            contributions made after January 1, 2016, which means that  
            households that are already contributing to ScholarShare  
            accounts will receive a credit. Since the intent of the bill  
            is to incentive households to save for college, the Committee  
            may wish to consider making the credit operative beginning on  
            January 1, 2017. 


          5)Prior legislation. AB 17 (Bonilla), in 2015, would have  
            created a credit for contributions to a ScholarShare account.  
            AB 17 was held in this committee's Suspense file. 


          Analysis Prepared by:Luke Reidenbach / APPR. / (916)  
          319-2081












                                                                    AB 2726


                                                                    Page  4