BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 35| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 35 Author: Wolk (D), et al. Amended: 6/16/15 Vote: 21 SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 2/25/15 AYES: Hertzberg, Nguyen, Bates, Beall, Hernandez, Pavley NO VOTE RECORDED: Lara SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SENATE FLOOR: 38-0, 4/9/15 AYES: Allen, Anderson, Bates, Beall, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Berryhill ASSEMBLY FLOOR: 79-0, 7/16/15 (Consent) - See last page for vote SUBJECT: Income and corporation taxes: deductions: disaster relief SOURCE: Author DIGEST: This bill enacts disaster loss treatment, and extends the deadline for taxpayers affected by recent earthquakes to carry back disaster losses to the 2013 tax year. Assembly Amendments insert a ten-year sunset provision, thereby repealing the measure on December 1, 2024, and add legislative SB 35 Page 2 findings and declarations. ANALYSIS: Existing federal and state law: 1)Allows taxpayers to apply losses, including disaster losses, to reduce taxable income from other sources. Disaster losses are the amounts not compensated by insurance or other means that result from fires, storms, floods or other natural events. Disaster losses must exceed $100 per taxpayer and 10% of their adjusted gross income for the year. These limits don't apply to business or income-producing property. 2)Provides that when the President declares a disaster, as he did for the earthquake that affected Napa and Solano Counties in August, 2014, the declaration triggers disaster loss treatment automatically for federal and state purposes for taxpayers in areas subject to the declarations. When the Governor declares, but the President does not, the Legislature must affirmatively enact disaster loss treatment, as it did most recently for fires in San Diego County in May, 2014 (AB 922, Maienschein, Chapter 352, Statutes of 2014). 3)Allows taxpayers to apply losses to income gained in the future, called a "carry forward," or against past income, called a "carry back." To apply the loss in the previous taxable year, state and federal law require the taxpayer to amend their return by the next year's filing deadline, which is generally April 15th. This bill: 1)Amends California's Personal Income Tax Law and Corporation Tax Law to enact disaster loss treatment whenever taxpayers incur losses in a city, county, or city and county, subject to the Governor's declaration of emergency, commencing in the 2014 taxable year. 2)Extends the deadline for taxpayers affected by such disasters to apply disaster losses to the taxable year immediately preceding the taxable year in which the disaster occurred from SB 35 Page 3 April 15th of the immediately following taxable year to the extended due date for the immediately following taxable year, again commencing in the 2014 taxable year. 3)Provides that any other suspension, deferral, reduction, or other diminishment of net operating losses generally shall not affect SB 35's treatment of disaster losses. 4)Sunsets its provisions on December 1, 2024. 5)States legislative intent that the measure fulfills a statewide public purpose, which is necessary to apply SB 35's changes to the 2014 taxable year, which has already ended for most taxpayers. 6)Makes legislative findings and declarations relating to relating to the South Napa Earthquake in August, 2014, and the measure's consistency with previous tax relief for taxpayers affected by disasters. Background In August, 2014, a significant earthquake occurred southwest of the City of Napa, causing significant damage to taxpayers in Napa, Solano, and Sonoma Counties. Because many taxpayers have not yet determined the amount of uninsured losses the earthquake created, the Legislature must extend the state deadline to allow taxpayers more time to claim disaster losses on their 2013 tax returns. As introduced, the measure only applied to those counties; however, when the measure was heard in the Committee on Governance and Finance, the measure was amended to enact disaster loss treatment and the extended deadline both for the Napa earthquake and any future disaster declared by the Governor. Doing so negates the need for future disaster-specific legislation. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (Verified8/11/15) SB 35 Page 4 California Professional Firefighters California Taxpayers Association City of Napa Counties of Napa, Solano, and Sonoma Family Winemakers of California Napa Valley Vintners OPPOSITION: (Verified8/11/15) None received ARGUMENTS IN SUPPORT: According to the author, "Many taxpayers that recently suffered from the August, 2014 Napa earthquake would like to apply losses to their tax returns filed the previous year, resulting in a tax refund which can immediately be used to rebuild and recover from the earthquake. The Legislature has enacted identical treatment for almost every significant disaster that has occurred in California for the last 25 years. Additionally, the measure now applies these provisions to future disasters, so affected taxpayers don't have to wait for the Legislature to enact a bill to ensure they'll be afforded the same disaster loss treatment and extended deadline." ASSEMBLY FLOOR: 79-0, 7/16/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Gordon SB 35 Page 5 Prepared by:Colin Grinnell / GOV. & F. / (916) 651-4119 8/13/15 13:04:16 **** END ****