BILL NUMBER: SB 206	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 1, 2009
	AMENDED IN SENATE  JUNE 9, 2009
	AMENDED IN SENATE  MAY 26, 2009
	AMENDED IN SENATE  APRIL 28, 2009

INTRODUCED BY   Senator Dutton

                        FEBRUARY 23, 2009

   An act to add and repeal Section 17059.5 of the Revenue and
Taxation Code, relating to taxation, to take effect immediately, tax
levy.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 206, as amended, Dutton. Income tax credit: principal
residence.
   The Personal Income Tax Law authorizes various credits against the
taxes imposed by that law.
   This bill would allow a credit to a  qualified  taxpayer
who purchases a qualified principal residence, as defined, during a
specified period. The credit would be an amount equal to 10% of the
purchase price, not to exceed $8,000, as provided.
   This bill would take effect immediately as a tax levy.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17059.5 is added to the Revenue and Taxation
Code, to read:
   17059.5.  (a) (1) In the case of a  qualified  taxpayer
who purchases a qualified principal residence on or after the date
that the act adding this section takes effect and before the date
that is the same day of the 12th month that follows the effective
date of this section, there shall be allowed as a credit against the
"net tax," as defined in Section 17039, an amount equal to 10 percent
of the purchase price of the qualified principal residence, not to
exceed eight thousand dollars ($8,000). The credit shall be allowed
for the taxable year in which the qualified principal residence is
purchased.
   (2) The credit under this section shall be allowed for the
purchase of only one qualified principal residence with respect to
any  qualified  taxpayer.
   (b) (1) For the purposes of this section, "qualified principal
residence" means a single-family residence, whether detached or
attached, that has been foreclosed upon,  where the residence has
gone through the foreclosure process and is now in the possession of
the lender,  and that is purchased to be the principal
residence of the  qualified  taxpayer for a minimum of three
years and is eligible for the homeowner's exemption under Section
218. 
   (2) For the purposes of this section "qualified taxpayer" means
the buyer does not have adjusted gross income over ninety-five
thousand dollars ($95,000) or one hundred seventy thousand dollars
($170,000) for joint filers.  
   (2)
    (3)  If the  qualified  taxpayer does not
occupy the qualified principal residence as his or her principal
residence for at least three years immediately following the
purchase, the credit shall be disallowed, and the  qualified
 taxpayer shall be liable for any underpayments attributable to
the disallowance of the credit.
   (c) The  qualified  taxpayer shall claim the credit on a
timely filed original return.
   (d) The Franchise Tax Board may prescribe rules, guidelines, or
procedures necessary or appropriate to carry out the purposes of this
section. Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code shall not apply to any
rule, guideline, or procedure prescribed by the Franchise Tax Board
pursuant to this section.
   (e) The credit allowed by this section is not a business credit
within the meaning of Section 17039.2.
   (f) This section shall remain in effect only until December 1,
2012, and as of that date is repealed.
  SEC. 2.  This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.