BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |SB 1103 |Hearing |5/4/16 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Cannella |Tax Levy: |Yes | |----------+---------------------------------+-----------+---------| |Version: |4/27/16 |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Bouaziz | |: | | ----------------------------------------------------------------- Taxation: renters' credit Increases the "renters' credit" from $60 to $100 for single filers, and from $120 to $200 for joint filers. Background California law allows various income tax credits, deductions, and sales and use tax exemptions to provide incentives to compensate taxpayers that incur certain expenses, such as child adoption, or to influence behavior, including business practices and decisions, such as research and development credits. The Legislature typically enacts such tax incentives to encourage taxpayers to do something that but for the tax credit, they would not do. The Department of Finance is required to annually publish a list of tax expenditures. State law allows a nonrefundable credit for qualified renters in the following amounts: $60 for filers that are single, married or registered domestic partners filing separately with an adjusted gross income (AGI) of $38,259 or less, and $120 for filers that are head of household, married or registered domestic partners filing jointly, or a qualified widow(er) with an AGI of $76,518 or less. SB 1103 (Cannella) 4/27/16 Page 2 of ? State law requires the renters' credit AGI limitations to be adjusted annually for inflation. The California Constitution requires the Legislature to provide increases in benefits to qualified renters that are comparable to the average increase in benefits provided to homeowners under the homeowners' property tax exemption. However, if the Legislature increases the renters' credit, no increase in the amount of benefits to homeowners' property tax exemption is required. Proposed Law Senate Bill 1103 increases the "renters' credit" from $60 to $100 for filers that are single or married filing separately with an adjusted gross income (AGI) of $38,259 or less, and from $120 to $200 for filers that are head of household, married filing jointly, or a qualified widow(er) with an AGI of $76,518 or less. SB 1103 applies to taxable years beginning on or after January 1, 2016. State Revenue Impact Pending. Comments 1. Purpose of the bill. According to the author, "California faces a statewide crisis driven by an increasing divide between incomes and rents. According to the California Housing Partnership, median incomes have fallen 8 percent since 2000, while rental prices have soared by 21 percent.. One of the mechanisms the State has used to address this issue is through a renters' tax credit to reduce the income tax liability of California's renters. However, while the renters' tax credit's income eligibility requirements are adjusted for inflation annually, the actual tax credit amounts are not. From 1998 to 2016, the income eligibility requirements have increased by 53.04% in response to inflation, while the credit amounts have had no increase. This diminishes the benefit of the tax credit SB 1103 (Cannella) 4/27/16 Page 3 of ? to California renters. SB 1103 increases the current tax credit from $60 to $100 for individuals (single or married/RDP filing separately) and current tax credit from $120 to $200 for married taxpayers filing joint returns; heads of household and surviving spouses. By adjusting the tax credit amounts up to around where they should be if they had increased with inflation since 1998, as the gross income requirements have, SB 1103 protects the benefits, integrity, and purpose of California's renters' tax credit." 2. The Renters' Credit. The Personal Income Tax (PIT) law allows an eligible individual who rents his or her principal residence to reduce his or her state income tax with a tax credit. The Legislature suspended the renters' credit for the 1993 through 1997 taxable years, but was reinstated beginning with the 1998 taxable year. The credit eligibility is based on the taxpayer's AGI and his or her filing status, which is indexed annually for inflation. For the 2016 tax year, a credit of $120 is allowed for filers that are head of household, married or registered domestic partners filing jointly, or a qualified widow(er) with an AGI of $75,518 or less; and $60 for filers that are single, married or registered domestic partners filing separately with an AGI of $38,259 or less. The renters' credit is nonrefundable. 3. Tax expenditures. Existing law provides various credits, deductions, exclusions, and exemptions for particular taxpayer groups. In the late 1960s, U.S. Treasury officials began arguing that these features of the tax law should be referred to as "expenditures," since they are generally enacted to accomplish some governmental purpose and there is a determinable cost associated with each (in the form of foregone revenues). This bill would increase an existing tax expenditure. The tradeoff for increasing the tax expenditure, resulting in revenue losses, is higher taxes or reductions to other services or programs. 4. How is tax expenditure different from a direct expenditure? As the Department of Finance notes in its annual Tax Expenditure Report, there are several key differences between tax expenditures and direct expenditures. First, tax expenditures are reviewed less frequently than direct expenditures once they are put in place. This can offer taxpayers greater certainty, but it can also result in tax expenditures remaining a part of SB 1103 (Cannella) 4/27/16 Page 4 of ? the tax code without demonstrating any public benefit. Second, there is generally no control over the amount of revenue losses associated with any given tax expenditure. Finally, once enacted, it takes a two-thirds vote to rescind an existing tax expenditure absent a sunset date. This effectively results in a "one-way ratchet" whereby tax expenditures can be conferred by majority vote, but cannot be rescinded, irrespective of their efficacy, without a supermajority vote. Support and Opposition (4/28/16) Support : California Apartment Association. Opposition : Unknown. -- END --