BILL NUMBER: AB 2439	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 2, 2012
	AMENDED IN ASSEMBLY  APRIL 11, 2012

INTRODUCED BY   Assembly Member Eng
   (Coauthor: Assembly Member Skinner)

                        FEBRUARY 24, 2012

   An act to add Section 19573 to the Revenue and Taxation Code,
relating to taxation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2439, as amended, Eng. Corporation taxes:  payments:
 disclosure.
   The Personal Income Tax Law and the Corporation Tax Law impose
taxes on, or measured by, income. Existing law requires the Franchise
Tax Board to make available as a matter of public record each
calendar year a list of the 250 largest tax delinquencies in excess
of $100,000, and requires the list to include specified information
with respect to each delinquency.
   This bill would require the Controller, upon receipt of specified
 income  tax  payment   liability and
income apportionment  information that the bill would require to
be disclosed by specified corporations, to both publish that
 payment  information and make that information a
matter of public record, as provided.  This bill would also
require the Franchise Tax Board to provide the Controller with
specified information.  This bill would also make findings and
declarations regarding  this provision   the
intent of the Legislature  .
   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.  The Legislature finds and declares all of the
following:
   (a) Publicly traded corporations are required to disclose their
federal and state corporation  tax payments  
taxes  to the federal Securities and Exchange Commission through
the Form 10-K. State  tax payments  
corporation taxes  , however, are aggregated without regard to
state, so the information available at the federal level does not
specify  corporation taxes of  particular states.
   (b) Recent changes in the state's Corporation Tax Law  , 
which provide for the elective use of single-sales factor
apportionment, combined with other provisions in this area of tax
law, have had little analysis and scrutiny with regard to their
impact on taxpayers and California.
   (c) Therefore, it is the intent of the Legislature, in adding
Section 19573 to the Revenue and Taxation Code, to supplement federal
tax reporting requirements for those corporations filing a Form 10-K
by adding a single data point that  is   would
be  reported to the Controller and made publicly available. This
single data point  discloses   would disclose
 the amount of specified tax  payments made to the state
by  liability of  those corporations  that are
 already required to disclose their federal and  aggregate
 state  tax payments   corporation taxes
 .
  SEC. 2.  Section 19573 is added to the Revenue and Taxation Code,
to read:
   19573.  (a) (1) Each corporation that is required to file an
annual Form 10-K with the federal Securities and Exchange Commission
shall annually disclose  the payments made pursuant to
  its amount of tax liability with respect to the taxes
imposed by  Part 11 (commencing with 23001) for the previous
taxable year  and whether the corporation made an election to
apportion its income in accordance with Section 25128.5 for the
previous taxable year  to the Controller within three months of
the corporation's  filing  deadline  for filing
its annual Form 10-K with the federal Securities and Exchange
Commission, in a form and manner as prescribed by the Controller
 .
   (2) On or before April 1, 2013, each corporation that is required
to file an annual Form 10-K with the federal Securities and Exchange
Commission shall disclose  the payments made pursuant to
  its amount of tax liability with respect to the taxes
imposed by  Part 11 (commencing with 23001) for the 2010 and
2011 taxable years  and whether the corporation made an election
to apportion its income in accordance with Section 25128.5 for the
2011 taxable year  to the Controller  in a form and manner
as prescribed by the Controller  .
   (b) (1) Notwithstanding any other provision of law, the Controller
shall publish the  payment  information disclosed
pursuant to subdivision (a) on  its   the
Controller's  Internet Web site and shall maintain a record,
available to the public, of that information.
   (2) If the  payment   tax liability 
amount is contested or otherwise under dispute, by either the
taxpayer subject to the taxes imposed pursuant to Part 11 (commencing
with Section 23001) or the Franchise Tax Board, the Controller shall
include that information on the Controller's Internet Web site and
in  its   the Controller's  records. 
The Franchise Tax Board shall provide the Controller with the
information needed to comply with this paragraph.  
   (3) The Controller shall publish the information disclosed
pursuant to subdivision (a) two years after the date the information
is required to be submitted.  
   (c) For purposes of this section, "tax liability" means the amount
of tax owed after the application of any credits and excluding
overpayments, estimated tax payments, withholding, or amounts paid
with an extension of time to file tax return.