BILL ANALYSIS                                                                                                                                                                                                    Ó



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

                              
          
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          |Bill No:  |SB 1149                          |Hearing    |4/27/16  |
          |          |                                 |Date:      |         |
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          |Author:   |Stone                            |Tax Levy:  |Yes      |
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          |Version:  |2/18/16                          |Fiscal:    |Yes      |
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          |Consultant|Grinnell                                              |
          |:         |                                                      |
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             Personal income taxes:  deduction:  individual home ownership  
                                  savings accounts



          Creates "individual homeownership savings accounts," and allows  
          two tax benefits for taxpayers who create them.


           Background 

           The Internal Revenue Code creates several forms of tax-preferred  
          individual accounts, such as Health Savings Accounts, Qualified  
          Tuition Programs, and Individual Retirement Accounts (IRAs).   
          While California law does not automatically conform to changes  
          to federal tax law, it does automatically conform to changes  
          made to Subchapter D - Deferred Compensation, etc., which  
          includes retirement accounts such as traditional and Roth IRAs.   
          For everything else, the Legislature must affirmatively conform  
          to federal changes.  Conformity legislation is introduced either  
          as stand-alone legislation to conform to specific federal  
          changes, like the Regulated Investment Company Modernization Act  
          (AB 1423, Perea, 2011), or as one omnibus bill that provides  
          that state law conforms to federal law as of a specified date,  
          currently January 1, 2015 (AB 154, Ting, 2015).  

          California conforms to two types of IRAs: traditional, and Roth.  
           Other than rollovers, taxpayers can generally deduct  
          contributions to traditional IRAs in the year they make them,  
          but must include distributions in taxable income in the year  








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          received in most cases.  Federal law limits the amounts a  
          taxpayer can contribute to a traditional IRA to $5,500 per year;  
          however, limits for other plans, such as a 401(k), are  
          considerably higher.  Taxpayers cannot deduct contributions to  
          Roth IRAs; however, taxpayers need not include distributions in  
          taxable income in most cases.  Taxpayers younger than age 59  ,  
          or as a result of death or disability, who receive traditional  
          IRA distributions for nonqualified purposes must include the  
          income for tax purposes, and pay an additional federal (10%),  
          and state (2.5%) penalty.  However, federal law contains several  
          exceptions to the penalty, including a one-time distribution of  
          $10,000 for first-time homebuyers for the qualified acquisition  
          cost of a residence.   

          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 must annually publish a  
          list of tax expenditures; according its most recent report, the  
          Department estimates tax expenditures result in $57 billion in  
          foregone revenue in 2015-16.

          California allows taxpayers to deduct expenses incurred for  
          certain activities or purchases up to a certain amount in one of  
          two ways.  First, taxpayers can claim deductions from total  
          gross income, known as "above-the-line" deductions, for  
          specified expenses, such as student loan interest, IRA  
          contributions, or alimony paid, among others, to calculate  
          adjusted gross income.  After that, state law gives taxpayers a  
          choice to either claim the standard deduction, or itemized  
          deductions for other expenses, such as business expenses, higher  
          education expenses, mortgage interest, and other miscellaneous  
          deductions that exceed 2% of adjusted gross income, among  
          others, to determine taxable income.  Taxpayers will usually  
          itemize when these itemized deductions exceed the standard  
          deduction ($4,044 single/$8,088 joint in 2015).  

          Seeking to assist individuals who want to save money to purchase  
          a home, the author wants to create new tax-preferred accounts to  
          help first-time homebuyers purchase residences.   









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           Proposed Law

           Senate Bill 1149 creates "individual homeownership savings  
          accounts," and allows taxpayers two tax benefits similar to  
          traditional IRAs commencing in the 2017 taxable year.  The bill  
          defines individual homeownership savings accounts as a trust  
          that is:

                 Designated by the trustee as such an account, 

                 Established for the exclusive benefit of any qualified  
               taxpayer establishing the account where the written  
               governing instrument creating the account provides that all  
               contributions must be made in cash, and that the account is  
               established to pay for the qualified home ownership  
               expenses of a qualified taxpayer, 

                 Is subject to the same requirements and limitations set  
               by Section 408 of the Internal Revenue Code, or any  
               regulations, for individual retirement accounts, and

                 Is the only individual homeownership savings account  
               established by the qualified taxpayer.

          SB 1149 excludes from gross income any income accruing during  
          the taxable year to the account, as defined, under the same  
          conditions as Section 408 of the Internal Revenue Code imposes  
          on traditional IRAs.  The measure also allows an itemized  
          miscellaneous deduction equal to the amount a taxpayer  
          contributes to the account, limited to $30,000 per taxable year  
          (joint, head of household, surviving spouses)/$15,000 (all  
          others), so long as the deduction exceeds 2% of the taxpayer's  
          adjusted gross income.  To be eligible, a taxpayer or their  
          spouse must not hold a present ownership interest in a principal  
          residence during the preceding three-year period ending on the  
          date of the purchase of the residence, and have annual income of  
          less than $100,000 (joint, head of household, surviving  
          spouses)/$50,000 (all others).  The Franchise Tax Board (FTB)  
          must adjust these amounts annually for inflation as measured by  
          the California Consumer Price Index.    

          The bill also provides that withdrawals must be included in  









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          income in the taxable year in which the payment or distribution  
          is made, unless it is made to pay for the taxpayer's individual  
          home ownership savings expenses, which the measure defines as  
          expenses, including a down payment or mortgage payment paid or  
          incurred in connection with the purchase of the qualified  
          taxpayer's principal residence in California for use by the  
          taxpayer creating the account.




           State Revenue Impact

           According to FTB, SB 1149 results in revenue losses of $80  
          million in 2017-18, and $160 million in 2018-19, increasing by  
          $80 million per year indefinitely.  


           Comments

           1.  Purpose of the bill  .  According to the author, "the housing  
          crisis in California is in full bloom, and low-to-middle income  
          individuals across the state are being affected by the lack of  
          affordable housing.  More than 90% of California families  
          earning less than $35,000 per year spend more than 30% of their  
          income just on housing. As a result more and more people find  
          themselves renting a home, instead of chasing the American  
          Dream.  SB 1149 was devised as a way to help people accumulate  
          savings towards a down payment on a house - which is crucial as  
          home ownership is a key way for a family to develop and transfer  
          wealth between generations. Currently, the only option for  
          renters available to them from a tax perspective is the renters'  
          tax credit - $60 for individuals and $120 for the head of a  
          household or married filing jointly.  SB 1149 establishes  
          individual home ownership savings accounts.  This bill will  
          allow for qualified deductions of up to $30,000 for those filing  
          jointly and $15,000 for those filing individually.  By allowing  
          people a special account to put away pre-tax money towards a  
          home, SB 1149 will enable middle and low income individuals an  
          opportunity to build savings towards a home."

          2.   Will it work  ?  Tax benefits intended to subsidize specific  
          purchases do two things:  First, they may reward behavior that  
          would have occurred without the subsidy, so-called "deadweight  









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          loss."  Some taxpayers will save funds to purchase a house  
          without any additional incentive, so the bill will give these  
          taxpayers a windfall benefit equal to taxes not paid, providing  
          no marginal benefit.  Second, the bill may alter decisions at  
          the margin; the exclusion and deduction may spur individuals to  
          create and contribute to an account, and subsequently purchase a  
          residence, thereby increasing benefits from community ownership  
          statewide.  A successful tax incentive creates more economic  
          activity at the margin than its deadweight loss, but no tax  
          benefit has yet conclusively demonstrated that its benefits  
          outweigh its costs.  Another possible outcome for the measure's  
          tax subsidy is to increase house prices because taxpayers would  
          have less income subject to tax as a result of the measure's tax  
          benefits, which the Legislative Analyst's Office found could be  
          a result of the state's mortgage interest deduction.  The  
          Committee may wish to consider whether the bill's benefits will  
          outweigh its deadweight loss.

          3.   Double benefit  .  Both traditional and Roth IRAs offer tax  
          advantages; however, taxpayers can choose to enjoy one tax  
          benefit, but not two, either by allowing deductions for  
          contributions (traditional) or an exclusion from income for  
          withdrawals  (Roth).  However, SB 1149 provides both a deduction  
          and exclusion, so long as withdrawn funds are used to help the  
          taxpayer buy a home, providing a double benefit.  The measure's  
          exclusion from tax on both the front and back ends would set a  
          precedent in state tax law only for home ownership savings.  The  
          Committee may wish to consider whether both benefits are  
          necessary for the measure to accomplish its goal.

          4.   New tax expenditure  .  Enacting a new tax exemption results  
          in foregone revenue, which requires cuts in spending or higher  
          taxes, all else equal.  Tax credits do not pay for themselves:  
          the state's last effort of "dynamic revenue analysis" indicates  
          that while dynamic effects are definitely present and visible,  
          their effects are generally relatively modest.<1>   
           The Committee may wish to consider whether the benefits  
          resulting from this incentive are worth the tradeoff of cuts in  
          spending or taxes on other activities.

          5.   Reverse nonconformity  .  Generally, when the federal  

          ---------------------------

          <1> "Whatever Happened to Dynamic Revenue Analysis in  
          California?"  John David Vasche, prepared for the Federation of  
          Tax Administrators, September, 2006. 







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          government changes its tax laws, California catches up by  
          enacting its own legislation the following year to reduce  
          differences between the two codes, thereby easing the tax  
          preparation burden on taxpayers, tax preparers, and the  
          Franchise Tax Board.  SB 1149 would enact an income exclusion  
          and deduction for contributions to individual homeownership  
          savings accounts which wouldn't have similar treatment, which  
          would increase the difference between state and federal, and  
          potentially confuse affected taxpayers.  The Committee may wish  
          to consider whether the measure's savings incentives are worth  
          the lack of conformity it creates.

          6.   Current subsidies  . SB 1149 would add an additional tax  
          benefit to subsidize home ownership above and beyond those found  
          in existing law.  In the United States, federal and state  
          governments offer substantial tax subsidies for owning or  
          selling a home, such as:

                 Mortgage Loan Interest: Taxpayers may deduct interest  
               payments on up to $500,000 single/$1 million joint of  
               indebtedness used to purchase a first and second home.   
               Taxpayers may also deduct interest payments on up to  
               $100,000 in home improvement loans.  

                 Capital Gains Exclusion:  Taxpayers may exclude up to  
               $250,000 single/$500,000 joint in income resulting from the  
               sale of their principal residence.

                 Deductibility of Property Taxes:  Taxpayers may deduct  
               property taxes and some other real estate taxes from  
               federal income, although California's low property tax  
               rates limit the benefit for Californians compared to  
               residents of other states.

                 Excluded Imputed Rent.  Unlike returns from other  
               investments, the return on homeownership-called "imputed  
               rent"-is excluded from taxable income.  In contrast,  
               landlords must count as income the rent they receive, and  
               renters may not deduct the rent they pay.  

                 Property tax.  The California Constitution limits taxes  
               to 1% of assessed value, which is generally the purchase  
               price plus annual inflation, capped at 2%, and precludes  
               assessors from revaluing property unless it's newly  









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               constructed or changes ownership.  The Constitution also  
               allows a homeowners' exemption that subtracts $7,000 per  
               year in taxable value.

          7.   Suggested amendments  .  FTB and Committee Staff recommend  
          amendments to:

                 Use "qualified individual home ownership development  
               expenses" and "individual homeownership savings expenses"  
               consistently, utilizing the definition for the former.  

                  Specifying the individual paragraphs of Internal Revenue  
               Code 408 which should apply to homeownership savings  
               accounts,  

                  Refine the definition of "qualified taxpayer" to  
               preclude each spouse from opening an account and take  
               advantage of the tax benefits.  

                  Add "claw back" provisions if the taxpayers sells or  
               ceases to occupy the property,  

                  Delete the term "a qualified taxpayer who is married  
               filing a joint return," and instead use "qualified  
               taxpayers filing a joint return"  

                  Add "within the meaning of Section 121 of the Internal  
               Revenue Code" after the term "principal residence."  

                  Delay the inflation adjustment until the taxable year  
               following the first taxable year after the measure is  
               effective.   


          Support and  
          Opposition   (4/21/16)


           Support  :  California Association of Realtors, California  
          Building Industry Association.  


           Opposition  :  Unknown.










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