BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |SB 150 |Hearing |6/24/15 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Nguyen |Tax Levy: |Yes | |----------+---------------------------------+-----------+---------| |Version: |6/4/15 |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Bouaziz | |: | | ----------------------------------------------------------------- PERSONAL INCOME TAX LAW: EXCLUSION: STUDENT LOAN DEBT FORGIVENESS Excludes from gross income loan amounts discharged from a for-profit college when the borrower is unable to complete a program of study. Background and Existing Law When a lender cancels a borrower's debt, federal and state law generally treats the amount of debt cancelled as income taxable to the borrower. Taxpayers do not include borrowed funds in income in the year he or she receives loan proceeds because of the obligation to repay the loan; the taxpayer is financially no better off because the loan must be repaid. When lenders reduce the repayable amount, the taxpayer realizes a gain in his or her financial situation because a portion of the loan proceeds already received and not previously taxed need not be repaid, thereby increasing the taxpayer's net worth. The taxpayer's income has increased by the amount forgiven plus interest. Specifically, in the case of student loan forgiveness, the amount forgiven generally represents taxable income for income tax purposes in the year it is cancelled with some exceptions. Generally, student loan forgiveness is excluded from income if the forgiveness is contingent upon the student working for a specific number of years in certain professions. SB 150 (Nguyen) 6/4/15 Page 2 of ? When the student participates in public service loan forgiveness, teacher loan forgiveness, law school loan repayment assistance programs and the National Health Service Corps Loan Repayment Program, cancelled debt is excluded from income. However, loan discharges for closed schools, false certification, unpaid refunds, and death and disability is taxable income. The forgiveness of the remaining balance under the federal income based repayment program (IBR) after 25 years, or 20 years for students borrowing on or after January 1, 2014, is considered taxable income under federal law. However, as of last year, state law excludes from gross income loan amounts repaid or forgiven under the federal 25 or 20 year income based repayment plan (SB 1271, Evans). Proposed Law Senate Bill 150 excludes from gross income loan amounts discharged when the borrower is unable to complete a program of study. Specifically, SB 150 applies to individuals granted discharge under any of the following circumstances: The individual attended a Corinthian College on or before May 1, 2015, and is granted a discharge of any student loan made in connection with attending that school. The individual is granted a discharge of any student loan pursuant to the discharge agreement, which is an agreement between ECMC Group, Inc., Zenith Education Group, and the Consumer Financial Protection Bureau concerning the purchase of certain assets of Corinthian Colleges, Inc., dated February 2, 2015. The individual could not complete a program of study because the school closed. The individual successfully asserts that the school did something wrong or failed to do something that it should have done. As a tax levy, SB 150 goes into effect immediately, and applies SB 150 (Nguyen) 6/4/15 Page 3 of ? to discharges of indebtedness occurring on or after January 1, 2015. State Revenue Impact The Franchise Tax Board estimates that this bill will reduce General Fund revenue by $34 million in fiscal year 2015-16, $100,000 in 2016-17, and $100,000 in 2017-18. Comments 1. Purpose of the bill. According to the author, "Following the closure of 107 Corinthian College campuses, many former students are now seeking a partial or full discharge of their student loan debt. Unfortunately, if their debt is cancelled, discharged, or forgiven, that debt may be subject to state (and federal) income tax. To aid these students, Senate Bill 150 removes tax liability on forgiven federal loan debt for students who choose to forgo the credits that they earned. Nearly 13,000 California students are unable to complete their degrees but are still being held responsible for the student loan debt they incurred. These students have devoted time, energy, and resources in an effort to improve both their education and overall lives. Already victimized by the closure of the college, they should not be forced to forgo the credits they earned while also being subjected to tax debt. SB 150 helps students whose educational career is in limbo through no fault of their own to continue their education without being penalized financially." 2. How did we get here? Founded in 1995, Corinthian's for-profit colleges once included over 100 campuses across the country, where over 100,000 students were enrolled. A bachelor's degree from a Corinthian college could cost as much as $75,000. The vast majority of the school's revenue came from federal student loans, but federal loans are unable to cover all of the tuition, so students often had to take out private loans. The Consumer Financial Protection Bureau alleges that Corinthian kept tuition high in order to force students to borrow from the college at higher rates. The Corinthian loans came with origination fees of 6% and interest rates of around 15%, as of 2011, much higher than the 3% and 7% interest on federal student SB 150 (Nguyen) 6/4/15 Page 4 of ? loans. Corinthian was a longtime target for federal and state regulators, with a host of investigations and lawsuits charging falsified placement rates, deceptive marketing, and predatory recruiting, targeting the most vulnerable low-income students. Since last July, the Department of Education has forced the company to close or sell off its locations over concerns about its high interest loans and misleading employment statistics. In February of this year, Corinthian announced that students would get $480 million in loan forgiveness under an agreement with federal regulators. Under the agreement, Corinthian would sell the majority of their campuses to the nonprofit ECMC Group, and students who attended ECMC Group campuses saw an immediate 40% reduction in the amount they owed on their private loans provided by Corinthian. The Department of Education also fined Corinthian $30 million for 947 representations of placement rates, findings that Corinthian disputed. Corinthian did not sell its Heald College campuses, located mostly in California, and they remained open until April 25, when they closed on a day's notice, leaving 16,000 students unable to complete their degree. Under federal law, students have a right to debt relief if they were enrolled at the time their college closed, or up to 120 days before the shutdown. The Department of Education extended that eligibility window for Heald students, allowing them to have their debts discharged if they withdrew any time after June 2014, when the department and Corinthian agreed to the sell the colleges. The Department of Education estimates that about 40,000 Heald students would be eligible for $544 million in debt relief if every student sought relief. In the past, only 6 percent of students whose colleges closed asked for their debt to be discharged. The Department of Education also estimates that if all 350,000 former Corinthian students over the last five years applied for and received the debt relief, that cost alone could be as much as $3.5 billion. 3. Reverse conformity . 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 SB 150 (Nguyen) 6/4/15 Page 5 of ? differences between the two codes, thereby easing the tax preparation burden on taxpayers, tax preparers, and the Franchise Tax Board. Currently, loans forgiven prior to the completion of a loan repayment program are included as taxable income under state law. If SB 150 becomes law, taxpayers would exclude from income the forgiven loan for state tax purposes, but include it for federal tax purposes, bringing California further out of compliance with federal law. Support and Opposition (6/25/15) Support : California Community Colleges Chancellor's Office; State Board of Equalization Vice Chair, George Runner. Opposition : Unknown. -- END --