BILL ANALYSIS
AB 50
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Date of Hearing: May 18, 2009
ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
Charles M. Calderon, Chair
AB 50 (Nava) - As Amended: April 13, 2009
2/3 vote. Urgency. Fiscal committee.
SUBJECT : Disaster relief
SUMMARY : Adds the wildfires that occurred in Santa Barbara
County in 2008 (2008 Wildfires) to the list of disasters
eligible for full state reimbursement of local property tax
losses, beneficial homeowners' property tax exemption treatment,
and special "carry forward" treatment of excess disaster losses.
Specifically, this bill :
1)Provides a mechanism for reimbursing Santa Barbara County for
property tax losses resulting from the reassessment of
properties damaged by the 2008 Wildfires.
2)Provides that any dwelling that qualified for a homeowners'
property tax exemption before November 13, 2008, that was
damaged or destroyed by the 2008 Wildfires, and that has not
changed ownership since November 13, 2008, shall not be denied
a homeowners' exemption solely because that dwelling was
temporarily damaged or destroyed, or was being reconstructed
by the owner, or was temporarily uninhabited as a result of
restricted access.
3)Provides that any taxpayer's excess disaster loss resulting
from the 2008 Wildfires shall be carried forward to each of
the five taxable years following the taxable year for which
the loss is claimed. However, if there is any excess disaster
loss remaining after this five-year period, then the
applicable percentage of that excess disaster loss shall be
carried forward to each of the next 10 taxable years.
4)Specifies that, if the Commission on State Mandates determines
that this bill contains costs mandated by the state, local
agencies and school districts will be reimbursed for those
costs.
5)Takes effect immediately as an urgency MEASURE.
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6)Makes amendments to the Government Code beyond the purview of
this Committee.
EXISTING LAW :
1)Property Tax Reassessment : Allows each county, by ordinance,
to provide for the reassessment of properties damaged by a
calamity, disaster, or misfortune. Taxpayers owning damaged
property must apply for a reassessment within the time period
specified in the applicable county's ordinance or within 12
months of the misfortune or calamity, whichever is later. The
application for reassessment must show the condition and value
of the property after the damage and the dollar value of the
damage. Once the property is reassessed, the taxpayer is
entitled to a refund of any excess property tax paid on the
property. If the affected property is subsequently repaired,
its value is subject to an upward reassessment by the county.
2)Homeowners' Exemption :
a) Exempts the first $7,000 of the full value of a dwelling
from property tax, when the dwelling is occupied by an
owner as his/her principal residence. However, if a
property is no longer owner-occupied or is vacant on the
lien date (January 1), the property is not eligible for the
exemption for the succeeding tax year.
b) Provides certain disaster-related exceptions to the
general rule that a property must be owner-occupied on the
lien date to receive the homeowners' exemption. Under
these exceptions, properties that were eligible for the
homeowners' exemption immediately before the disaster, do
not change ownership after the disaster, and are vacant
solely because of damage incurred during the disaster,
continue to be eligible for the homeowners' exemption.
3)Income Tax Losses : Allows:
a) Non-business taxpayers with casualty losses that are not
reimbursed by insurance and that exceed $100 plus 10% of
the taxpayer's adjusted gross income (AGI) to claim these
losses as itemized deductions on their tax return.
Taxpayers may carry forward 100% of any remaining losses
for up to 10 years. Corporate taxpayers with casualty
AB 50
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losses that are not reimbursed by insurance are not subject
to the $100 plus 10% of AGI threshold, but are subject to
the same carry forward rules that apply to individual
taxpayers.
b) Both individual and corporate taxpayers who experience
losses as a result of certain named disasters to claim
these losses either in the year in which the loss occurred
or in the preceding year.
FISCAL EFFECT :
1)Property Tax Reassessment : The Board of Equalization (BOE)
estimates that the cost of reimbursing Santa Barbara County's
property tax losses would be roughly $2.3 million.
2)Homeowners' Exemption : BOE estimates that extending the
homeowners' exemption to homes that are uninhabitable on the
lien date will result in revenue losses of less than $21,000.
3)Income Tax Losses : The Franchise Tax Board estimates minimal
revenue losses resulting from the income tax provisions of
this bill.
COMMENTS :
1)The author has introduced this bill to provide financial
relief to those affected by the 2008 Wildfires. In addition,
this bill provides a property tax revenue backfill to Santa
Barbara County.
2)Proponents note, "The bill would reimburse Santa Barbara
County for property tax losses related to the wildfires of
November 2008. The bill further provides that dwellings that
qualified for the homeowner's property tax exemption may not
be denied the exemptions solely due to it being damaged,
destroyed, on uninhabitable by those wildfires."
3)Committee staff notes:
a) This bill was double-referred with the Committee on
Local Government, and passed out of that Committee by a
vote of 7 to 0 on April 1, 2009. As noted above, this bill
makes amendments to the Government Code beyond the purview
of this Committee. For a discussion of these amendments,
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please refer to the analysis prepared by the Committee on
Local Government.
b) This bill is similar to both AB 15 (Fuentes) and AB 79
(Duvall), also introduced in the current Legislative
Session. Should all three bills continue to progress
through the Legislature, double-jointing amendments may
become necessary.
REGISTERED SUPPORT / OPPOSITION :
Support
City of San Diego (sponsor)
California State Association of Counties
County of San Diego
County of Santa Barbara
Regional Council of Rural Counties
Opposition
None on file
Analysis Prepared by : M. David Ruff / REV. & TAX. / (916)
319-2098