BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 526|
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                                   THIRD READING 


          Bill No:  SB 526
          Author:   Fuller (R) and Runner (R)
          AmendedAmended:5/18/15  
          Vote:     21  

           SENATE GOVERNANCE & FIN. COMMITTEE:  6-0, 4/29/15
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Pavley
           NO VOTE RECORDED:  Moorlach

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Personal income taxes:  joint returns:  relief from  
                     liability


          SOURCE:    Author


          DIGEST:  This bill directs Franchise Tax Board (FTB) to consider  
          the terms of a divorce settlement when determining whether to  
          grant equitable relief on a taxpayer's own income.


          ANALYSIS:   


          Existing law:


          1)Requires spouses and registered domestic partners (RDPs)  
            filing as "married filing jointly" to be individually  
            responsible for the return's accuracy and the tax liability,  
            regardless of the amount of income each spouse generates,  
            often called "joint and several" liability. 








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          2)Empowers courts to revise liabilities in a proceeding for the  
            dissolution of the marriage, but does not allow a court to  
            relieve a spouse of tax liability on income that he or she  
            earns or has exclusive management and control over.


          3)Allows, mostly in conformity with federal law, an innocent  
            spouse to qualify for three different forms of tax relief  
            under specified circumstances: innocent spouse relief, relief  
            from separate allocation of tax liability, and equitable  
            relief, which is only available to requesting spouses who  
            don't qualify for innocent spouse or separate allocation.


          4)Charges FTB with the responsibility to determine that it's  
            inequitable to hold the innocent spouse liable, taking into  
            account all facts and circumstances when considering whether  
            to grant equitable relief.


          5)Allows taxpayers to appeal innocent spouse relief requests  
            denied by FTB to the Board of Equalization (BOE).  


          This bill:


          1)Provides that the fact that an individual's liability for  
            unpaid taxes for any taxable year where a joint return was  
            filed has been revised under a judgment of dissolution of  
            marriage may be a factor weighing in favor of the requesting  
            taxpayer obtaining equitable relief on income earned by the  
            requesting spouse or under his or her exclusive management and  
            control,


          2)Applies its provisions to FTB when considering a request, or  
            BOE when considering an appeal of an FTB denial, for requests  
            received on or after January 1, 2016.









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          3)States that its provisions apply notwithstanding any other  
            law.


          Comments


          Innocent spouse relief exists for tax agencies to provide relief  
          from joint tax liabilities for taxpayers who signed joint  
          returns with their spouses, but were kept in the dark about the  
          other spouse's income, business interests, or financial  
          activities.  Internal Revenue Service (IRS) for federal taxes,  
          and FTB for state taxes, grant relief to these taxpayers because  
          they have no legitimate reason to know that they have a tax  
          obligation arising from items about which they had no knowledge.  
           


          While not part of the law, FTB states that it considers the  
          following factors when determining whether to grant equitable  
          relief, and thereby relieve individuals of liability of unpaid  
          taxes or any deficiency:


           The taxpayer's current marital/registered domestic partner  
            status.


           Documented proof of abuse from spouse/RDP during marriage or  
            registered domestic partnership.


           Proof that when the taxpayer signed the tax return, he or she  
            expected to satisfy the tax liability.


           In the case of tax resulting from an audit, the taxpayer  
            wasn't aware of the tax liability understatement.


           The taxpayer's current financial situation and ability to pay  








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            the tax liability.


           Whether a divorce decree, termination of a registered domestic  
            partnership, or the legally binding agreement identifies one  
            taxpayer as legally liable to pay the tax liability.


           Whether the taxpayer received a significant benefit from the  
            unpaid income tax liability or tax deficiency.


           Taxpayer compliance with income tax laws in later tax years.


          Additionally, IRS Revenue Procedures set forth the requirements  
          for equitable relief at the federal level, including that the  
          taxpayer requesting relief did not know or have reason to know  
          that there was an understatement or deficiency on the joint  
          return.  Because federal and state statutes are very similar,  
          FTB usually applies IRS revenue procedures when deciding whether  
          to grant requests for innocent spouse relief for California tax  
          purposes.  


          Only in a few, limited circumstances has IRS granted relief for  
          unpaid liability on income earned by the requesting spouse,  
          because that spouse should know that tax generally applies  
          whenever he or she earns income.  IRS recently expanded its  
          equitable relief provisions to provide to allow relief on the  
          requesting spouse's own income when funds intended to pay taxes  
          were misappropriated by the nonrequesting spouse, or in the case  
          of abuse, which resulted in the requesting spouse not  
          challenging anything on the joint return for fear of the  
          nonrequesting spouse's retaliation.  SB 526 allows FTB, or BOE  
          as part of an appeal of FTB's denial, to grant relief on the  
          requesting spouse's own income in any case where the requesting  
          spouse has a divorce agreement obligating the non-requesting  
          spouse to pay any outstanding taxes, regardless of whether  
          misappropriation of funds or abuse occurred.  As such, this bill  
          sets a significant precedent, and puts the state out of  
          conformity with federal treatment.








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          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee, this bill will  
          result in an unknown reduction to General Fund revenues;  
          however, it estimates that for every $1 million dollars of  
          relief granted, General Fund revenues would be reduced by  
          $60,000.  


          SUPPORT:   (Verified5/28/15)


          Fiona Ma, Board of Equalization Member
          George Runner, Board of Equalization Member


          OPPOSITION:   (Verified5/28/15)


          None received


          ARGUMENTS IN SUPPORT:      According to members of the Board of  
          Equalization, the BOE has adjudicated a number of appeals from  
          the FTB that have involved taxpayers who believed they had  
          successfully divided assets and debts, including tax  
          liabilities, in a divorce agreement.  Existing law does not  
          allow the FTB, and by extension the BOE in its quasi-judicial  
          function, to rely on a marital settlement agreement to relieve a  
          spouse of a joint income tax liability unless the agreement  
          meets a number of technical conditions contained in Revenue and  
          Taxation Code Section 19006(b).  SB 526 grants the FTB the  
          authority to consider a divorce agreement as a factor weighing  
          in favor of granting relief when a taxpayer requests that the  
          agency assign outstanding tax liabilities to the spouse who  
          agreed to pay them, rather than holding both parties jointly  
          liable.  The existing law forces the spouse requesting relief to  
          return to court in order to have the marital settlement  
          agreement enforced.  After negotiating a fair division of assets  








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          and debts, taxpayers are surprised when they learn that their  
          agreement will not be honored by the state government.  By  
          providing the FTB the ability to abide by the agreement that was  
          negotiated between spouses, this will limit additional needless  
          litigation in both the courts of California as well as appeals  
          to the BOE.


          Prepared by:Colin Grinnell / GOV. & F. / (916) 651-4119
          5/30/15 16:30:24


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