BILL NUMBER: AB 1597	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 20, 2012

INTRODUCED BY   Assembly Member Cook
    (   Coauthors:   Assembly Members 
 Jeffries   and Silva   ) 
    (   Coauthors:   Senators   Dutton
  and Harman   ) 

                        FEBRUARY 6, 2012

   An act to add Section 17054.6 to the Revenue and Taxation Code,
relating to taxation, to take effect immediately, tax levy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1597, as amended, Cook. Personal income tax: credit: loss of
income.
   The Personal Income Tax Law  authorizes  
allows  various credits against the taxes imposed by that law.
   This bill would  authorize a refundable  
allow a  credit against those taxes for each taxable year
beginning on or after January 1, 2012, in an amount equal to 10% of
the loss of income, as defined, not to exceed $300 if single and $600
if married, subject to certain limitations.  The bill, upon
appropriation by the Legislature, would require the refunds to be
paid from the Tax Relief and Refund Account.   This bill
would   allow the credit   only if the loss of
income is not the result of a dismissal or termination for cause or
the result of a finding of guilt in a criminal proceeding or a
pending criminal investigation. 
   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 17054.6 is added to the Revenue and Taxation
Code, to read:
   17054.6.  (a)  For each taxable year beginning on or after January
1, 2012, there shall be allowed as a credit against the "net tax,"
as defined in Section 17039, an amount equal to 10 percent of the
loss of income of a taxpayer.
   (b) The credit under this section shall not exceed three hundred
dollars ($300) per taxable year for a single individual or a married
individual filing a separate return, and six hundred dollars ($600)
per taxable year for a married couple filing a joint return.
   (c) For purposes of this section, "loss of income" means a
reduction in adjusted gross income in the current taxable year from
the preceding taxable year of 10 percent or more.
   (d) The credit under this section shall be allowed only if
adjusted gross income for the taxable year is less than:
   (1) Eighty thousand dollars ($80,000), if single.
   (2) One hundred sixty thousand dollars ($160,000), if married.

   (e) If the amount allowable as a credit under this section exceeds
the tax liability computed under this part, the excess shall be
credited against other amounts due, if any, and the balance, if any,
shall, upon appropriation by the Legislature, be paid from the Tax
Relief and Refund Account and refunded to the taxpayer. 

   (e) In the case where the credit allowed by this section exceeds
the "net tax," the excess may be carried over to reduce the "net tax"
in the following year, and succeeding nine years if necessary, until
the credit is exhausted.  
   (f) (1) A credit under this section shall be allowed only if the
loss of income is not the result of a dismissal or termination for
cause or the result of a finding of guilt in a criminal proceeding or
a pending criminal investigation.  
   (2) By signing a tax return in which this credit is claimed, the
taxpayer shall affirmatively acknowledge the loss of income is not
the result of a dismissal or termination for cause or a result of a
finding of guilt in a criminal proceeding or a pending criminal
investigation.  
   (f) 
    (g)  The Franchise Tax Board may prescribe those
regulations as may be necessary to administer and carry out the
purposes of this section.
  SEC. 2.  This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.