BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          SB 874 (Gaines) - Personal Income Tax Law:  exemption credit:   
          dependents
          
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          |Version: May 4, 2016            |Policy Vote: GOV. & F. 6 - 0    |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: May 16, 2016      |Consultant: Robert Ingenito     |
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          This bill meets the criteria for referral to the Suspense File.


          


          Bill  
          Summary: SB 874 would increase the dependent exemption credit by  
          10 percent, from $337 to $371.


          Fiscal  
          Impact: The Franchise Tax Board (FTB) estimates that the bill  
          would result in a General Fund revenue loss of $140 million in  
          2016-17, $150 million in 2017-18, and $150 million in 2018-19.  
          FTB's implementation costs have yet to be determined, but are  
          likely minor. 


          Background: Federal law provides an exemption for each claimed dependent on  
          an income tax return. Each exemption is worth an identical  
          amount, $4,000 in taxable year 2015. Taxpayers multiply the  
          total number of exemptions by the current-year exemption amount.  







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          This product is then subtracted from adjusted gross income  
          (AGI), consequently reducing a taxpayer's taxable income. The  
          dependent exemption is phased out for high income taxpayers, and  
          is indexed annually for inflation.  Each dependent's taxpayer  
          identification number (TIN) must be provided on the federal tax  
          return or the dependent exemption will be disallowed. 
          State law provides for a dependent exemption credit. Unlike  
          federal law, the exemption amount is not deducted from AGI, but  
          is instead a credit against tax due (a dollar-for-dollar  
          reduction in tax liability). The exemption credit amounts are  
          indexed annually for inflation.  The exemption credits are not  
          refundable and may not be carried over to future years.   
          Exemption credits begin to phase out at federal AGI above for  
          2015 as follows:


                 $178,706 for filers that are single, married, or  
               registered domestic partner filing separately.


                 $268,063 for filers that are the head of household.


                 $357,417 for filers that are married or registered  
               domestic partners filling jointly or a surviving spouse.





          The dependent exemption credit amount is reduced by $6 for every  
          $2,500 ($1,250 for married taxpayers filing a separate return)  
          that the taxpayer's federal AGI exceeds the above threshold  
          amounts, not to exceed the full amount of the credit. Taxpayers  
          who file a joint return or who file as a surviving spouse must  
          reduce their credit by $12 for every $2,500.


          For taxable years beginning on or after January 1, 2015, the  
          dependent's TIN must be provided on the California tax return or  
          the dependent exemption credit will be disallowed. The state  
          dependent exemption credit amount for taxable year 2015 is $337.










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          Proposed Law:  
          This bill would, beginning in taxable year 2016, increase the  
          dependent exemption credit from $337 to $371, indexed annually  
          for inflation.


          Related  
          Legislation: SB 31 (Gaines, 2015) would have increased the  
          dependent exemption credit to $652 per dependent. The bill was  
          never set for a hearing in the Senate Governance and Finance  
          Committee.


          Staff  
          Comments: The average cost of raising a child born in 2013 for a  
          middle-income family in the U.S. was approximately $245,340 (or  
          $304,480, adjusted for projected inflation), according to the  
          latest annual "Cost of Raising A Child" report from the U.S.  
          Department of Agriculture.  The dependent exemption can help  
          offset the high cost of caring for children and other  
          dependents.
          FTB's estimated revenue impact of increasing the dependent  
          exemption credit was computed using a two-step analysis. First,  
          the $337 dependent exemption credit from taxable year 2015 was  
          grown using the California Consumer Price Index (CPI) for 2016,  
          resulting in an estimated dependent exemption credit of $343.  
          This amount and the indexed amounts for each year thereafter  
          were run through FTB's simulation model to calculate the tax  
          impact of the credit under current law. Next, the proposed $371  
          credit amount and the indexed amounts for the credit were run  
          through the PIT simulation model to calculate the tax impact of  
          the proposed credit. The current law amounts were subtracted  
          from the proposed law amounts resulting in the taxable year 2016  
          estimated tax impact of $140 million.




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