BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |SB 1103                          |Hearing    |5/4/16   |
          |          |                                 |Date:      |         |
          |----------+---------------------------------+-----------+---------|
          |Author:   |Cannella                         |Tax Levy:  |Yes      |
          |----------+---------------------------------+-----------+---------|
          |Version:  |4/27/16                          |Fiscal:    |Yes      |
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          |Consultant|Bouaziz                                               |
          |:         |                                                      |
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                              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.







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          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  








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          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  








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          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.



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