BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 670 (Jackson) - Income taxes:  credit:  dependent care:   
          child care
          
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          |Version: May 13, 2015           |Policy Vote: GOV. & F. 6 - 0    |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: May 26, 2015      |Consultant: Robert Ingenito     |
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          SUSPENSE FILE. AS AMENDED.




          


          Bill  
          Summary:  SB 670 would (1) reestablish two employer tax credits  
          related to providing childcare, and (2) increase the percentages  
          for the Child & Dependent Care Expenses Credit.


          Fiscal Impact (as approved on May 28,  
          2015): The Franchise Tax Board (FTB) estimates that the bill's  
          three changes to tax law would result in an aggregate General  
          Fund revenue loss of $0.5 million in 2015-16, $4.3 million in  
          2016-17, and $4.8 million in 2017-18. FTB indicates that the  
          bill's impact on department operations would be minor.









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          Background: Prior to 2012, state law allowed two tax credit programs for  
          employers providing child care for employees. Both credits could  
          be carried over until they were exhausted:
                 30 percent of startup costs of establishing a child care  
               program or constructing a child care facility in California  
               primarily used by (1) the children of the taxpayer's  
               employees, (2) tenants leasing commercial or office space  
               in the taxpayer's building, or (3) for contributions to  
               California child care information and referral services.  
               The credit was capped at $50,000 per taxable year.


                 30 percent of the costs paid for contributions to a  
               qualified care plan made on behalf of any qualified  
               dependent, not to exceed $360 for each qualified dependent.  
                Contributions must be direct payments to child care  
               providers, and not pursuant to a salary reduction  
               agreement.  





          The federal Child and Dependent Care Credit is a nonrefundable  
          credit (a dollar for dollar reduction in tax liability), equal  
          to a portion of qualifying child or dependent care expenses paid  
          for the purpose of allowing the taxpayer either to be gainfully  
          employed or seek employment. The taxpayer must incur  
          employment-related expenses to provide care for a dependent  
          under the age of 13. The maximum amount of employment-related  
          expenses to which the credit may be applied is $3,000 (for one  
          qualifying individual) or $6,000 (for two or more qualifying  
          individuals). The credit amount is equal to the applicable  
          percentage (20 to 35 percent, depending on the taxpayer's AGI),  
          multiplied by the qualified employment expenses paid.  The  
          applicable percentage varies inversely with AGI; the higher the  
          AGI, the lower the percentage. Taxpayers with an AGI of $15,000  
          or less use the highest permissible percentage of 35 percent.  


          Current California law provides a tax credit similar to the  
          federal version. State law conforms to the federal expenses cap,  
          and applies the federal credit percentage to calculate the  
          credit amount. However, state law limits expenses to care  








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          provided in California, and income earned from California  
          sources. The state credit is computed by first applying the  
          federal credit percentage (20 to 35 percent) to the smallest of  
          three amounts: the expense cap, California expenses, or  
          California earned income.  The state credit percentage is then  
          applied. The state credit percentage varies based on the  
          taxpayer's AGI, and is limited to taxpayers with AGI of $100,000  
          or less.


           If AGI is:                           Credit Percentage:  


          $40,000 or less                    50%


          Over $40,000 but not over $70,000 43%


          Over $70,000 but not over $100,000 34%


          Over $100,000                 0%




          



          Proposed Law:  
          This bill would reestablish the aforementioned two employer tax  
          credits for providing childcare to employees. Any credits in  
          excess of tax liability may be carried over for use in  
          succeeding years, though the amount of the credit that may be  
          claimed by any taxpayer in any one year cannot exceed $50,000.  
          Additionally, the bill would increase the credit percentages for  
          the Child and Dependent Care Credit as follows:


           If AGI is:                           Credit Percentage:  










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          $40,000 or less                     63%


          Over $40,000 but not over $70,000   53%


          Over $70,000 but not over $100,000  42%


          Over $100,000                         0%




          



          Related  
          Legislation: SB 268 (Nguyen) would increase the maximum adjusted  
          gross income and the maximum amount of employment-related  
          expenses to which the credit may be applied.  The bill is  
          current on this Committee's Suspense File. 


          Staff  
          Comments: With respect to each of the three individual tax law  
          changes proposed by the bill, FTB estimates the following  
          revenue impacts:
                 The Employer Child Care Program Credit would result in  
               General Fund revenue losses of $0.1 million in 2015-16,  
               $0.6 million in 2016-17, and $0.7 million in 2017-18.


                 The Employer Child Care Contribution Credit would result  
               in General Fund revenue losses of $0.4 million in 2015-16,  
               $3.7 million in 2016-17 and $4.1 million in 2017-18.


                 The Child and Dependent Care Credit would result in  
               General Fund revenue losses of $3.6 million in both 2016-17  
               and 2017-18.










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          Author's Amendments (as adopted May 28, 2015): Amendments would  
          remove the increases in the Child and Dependent Care Credit  
          percentages.







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