BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1244 (Walters)
Hearing Date: 5/10/2010 Amended: 5/4/2010
Consultant: Bob Franzoia Policy Vote: L&IR 6-0
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BILL SUMMARY: SB 1244 would do the following:
- Include within the definition of employee for the purposes of
employment taxes, any member of a limited liability company
(LLC) that is treated as a corporation for federal tax purposes.
- Specify that the definition of employee does not include any
member of a LLC that is treated as a partnership for federal
income tax purposes.
- Provide that wages include compensation paid to a member of a
LLC who files a federal income tax return.
By expanding the base of wages subject to unemployment insurance
taxes, this bill would deposit additional moneys into the
Unemployment Fund, a continuously appropriated fund, thereby
making an appropriation.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
Unemployment Insurance Negligible increase in revenue
annuallySpecial*
Code clarification
* Unemployment Fund
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STAFF COMMENTS: A LLC can elect how it is to be taxed by the
Internal Revenue Service (IRS) depending on the ownership
structure in place. One of these possible elections is as a
corporation. With both corporations and LLCs, the IRS requires
that a reasonable compensation be paid to all shareholders.
The IRS and the Franchise Tax Board (FTB) treat LLCs as a sole
proprietorship, partnership, or corporation depending on the
circumstances. The Unemployment Insurance Code requires the
Employment Development Department (EDD) to treat the LLC as a
unique entity type, instead of using the IRS/FTB methodology.
Because EDD is unable to treat LLCs as a corporation, LLCs are
not employers in the traditional sense, they do not have
employees and they do not pay unemployment insurance taxes. The
purpose of this bill is to conform the Unemployment Insurance
Code to federal regulations on LLCs so they may offset federal
unemployment insurance tax costs.
Generally, this bill will result in a minor increase in the
number of persons subject to employer taxes paid into the
Unemployment Fund. It would have no impact on any employees of
LLCs, only LLC members who are managing and non managing
members.