BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 526  


                                                                    Page  1





          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 526  
          (Fuller) - As Amended January 13, 2016


           ----------------------------------------------------------------- 
          |Policy       |Revenue and Taxation           |Vote:|8 - 0        |
          |Committee:   |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
           ----------------------------------------------------------------- 


          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill modifies the Administration Franchise and Income Tax  
          Law (AFITL) to allow a court, in a proceeding for the  
          dissolution of marriage, to modify the amount an individual is  
          responsible for on a tax liability. Specifically, this bill:





          1)Authorizes a court to relieve a spouse of joint and several  
            liability for the tax on income earned by, or subject to the  
            exclusive management and control of, the spouse, in certain  








                                                                     SB 526  


                                                                    Page  2





            conditions. 



          2)Increases the amount of gross income and the amount of tax  
            liability to which a court order can apply without a tax  
            revision clearance certificate from the Franchise Tax Board  
            (FTB). Specifically, the amount of gross income is increased  
            from $150,000 to $200,000, and the amount of tax relief is  
            increased from $7,000 to $10,000. These two thresholds will be  
            adjusted for inflation starting on January 1, 2018. 



          FISCAL EFFECT:


          The fiscal effects of this bill are unknown and impossible to  
          calculate. While this bill does not change the amount of tax  
          liability owed to the state, it could reduce collections by  
          concentrating tax liability among one spouse rather than  
          proportionally. For every $1 million granted in tax relief, an  
          estimated $60,000 in GF revenue would be lost.  


          COMMENTS:


          1)Background. Under both federal and state law, spouses who file  
            a joint tax return are individually responsible for the  
            return's accuracy and for the full tax liability for that tax  
            year.  This concept, referred to as "joint and several  
            liability," can inequitably impact one spouse in particular  
            circumstances. Because spouses can occasionally misrepresent  
            tax information on a joint return without the knowledge of the  
            other spouse, federal law allows an innocent spouse to qualify  
            for relief under specified circumstances, to which California  
            generally conforms.  









                                                                     SB 526  


                                                                    Page  3






          2)Purpose. According to supporters, SB 526 will help state tax  
            agencies honor a divorce agreement that assigns tax liability  
            as part of the process of dividing assets and liabilities.  
            Supporters point out that the Board of Equalization (BOE)  
            regularly hears income tax case appeals where a spouse has  
            requested that the BOE enforce the terms of a divorce decree  
            and assign a tax liability to the spouse who has agreed to pay  
            it. In these cases, the FTB assigned a tax liability to both  
            spouses despite an agreement in the divorce proceedings to  
            allocate payment of the tax liability differently. 


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