BILL ANALYSIS                                                                                                                                                                                                    Ó





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

          SB 907 (Galgiani) - Personal income taxes:  gross income  
          exclusion:  mortgage debt forgiveness
          
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          |Version: March 28, 2016         |Policy Vote: GOV. & F. 7 - 0    |
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          |Urgency: Yes                    |Mandate: No                     |
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          |Hearing Date: April 11, 2016    |Consultant: Robert Ingenito     |
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          This bill meets the criteria for referral to the Suspense File.





          Bill Summary: SB 907 would extend the state exclusion of  
          mortgage forgiveness debt relief to include taxable years 2014  
          through 2016. 


          Fiscal Impact: The Franchise Tax Board (FTB) estimates that the  
          bill would result in General Fund revenue losses of $95 million  
          in 2015-16, $45 million in 2016-17, and $12 million in 2017-18.  
          FTB would incur minor administration expenses.


          Background: Debt that is forgiven or cancelled by a lender is  








          SB 907 (Galgiani)                                      Page 1 of  
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          generally treated as income on a tax return, and is thus  
          taxable. Current law generally requires a taxpayer to include a  
          cancellation of debt as taxable income in the year in which the  
          "discharge of indebtedness" occurs, with specified exceptions.   
          Existing federal law, the Mortgage Forgiveness Debt Relief Act  
          of 2007 (MFDRA), initially excluded qualified principal  
          residence indebtedness that is discharged from January 1, 2007  
          through December 31, 2009 from federal taxable income. The  
          exclusion was subsequently extended, such that it is currently  
          effective through the end of taxable year 2016. Married  
          taxpayers filing jointly may exclude up to $2 million in  
          qualified principal residence indebtedness that is forgiven by a  
          lender, while married persons filing separate or single  
          taxpayers may exclude up to $1 million. California law has  
          provided a partial exclusion until January 1, 2014, with the  
          following exceptions:


                 Taxpayers may only exclude from their income up to  
               $250,000 (single filers)/$500,000 (joint filers) of  
               cancelled debt.


                 Taxpayers may only exclude indebtedness on loans up to  
               $400,000 (single filers)/$800,000 (joint filers). Taxpayers  
               must first reduce any amount excluded for state tax  
               purposes by any debt forgiven on loan amounts above these  
               thresholds. 





          Proposed Law: This bill would continue the State's modified  
          conformity to MRDFA for discharges of qualified principal  
          residence indebtedness to include taxable years 2014 through  
          2016, thus conforming to current federal law. 














          SB 907 (Galgiani)                                      Page 2 of  
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          Related Legislation: 


                 AB 99 would have extended the state exclusion for  
               mortgage debt forgiven in 2014. The bill was vetoed by the  
               Governor


                 AB 1393 (Perea, Chapter 152, Statutes of 2014),  
               conformed California law to the one-year federal extension  
               of mortgage forgiveness debt relief provided in the  
               American Taxpayer Relief Act of 2012 (i.e., for discharges  
               that occurred in 2013), with prior state-law modifications.


          


          Staff Comments: This bill would provide income tax relief to  
          distressed homeowners by allowing borrowers who have negotiated  
          a cancellation of debt by a lender as a result of restructuring  
          a mortgage loan or a short sale on a principal residence to  
          exclude the amount of forgiven debt from income for state tax  
          purposes. The exclusion applies to the forgiveness of debt  
          incurred to purchase, construct or improve a principal  
          residence, as defined.


          The FTB's estimate of revenue loss employs a "top-down"  
          methodology that begins with the exclusion's estimated revenue  
          loss nationally (prepared by the Joint Committee on Taxation)  
          and then applies "California factors" to determine the amount of  
          the estimated loss that would occur in California.




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