BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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                                 THIRD READING


          Bill No:  SCR 12
          Author:   Liu (D)
          Amended:  4/25/11
          Vote:     21

           
           SENATE GOVERNANCE & FINANCE COMMITTEE  :  6-3, 04/27/11
          AYES:  Wolk, DeSaulnier, Hancock, Hernandez, Kehoe, Liu
          NOES:  Huff, Fuller, La Malfa


           SUBJECT  :    Taxation

           SOURCE  :     Author


           DIGEST  :   This resolution encourages state and local 
          governments and community organizations to utilize federal 
          outreach tools to improve educational awareness of the 
          federal Earned Income Tax Credit (EITC), and other tax 
          credits, among Californians.

           ANALYSIS  :    In 1975, Congress enacted the EITC to help 
          alleviate the burden of Social Security taxes and to 
          encourage work among low- and moderate-income taxpayers.  
          The EITC is a federal income tax credit that gives 
          low-income individuals a credit equal to a percent of their 
          earned income.  The EITC is targeted to low- to moderate- 
          income households.  The federal government refunds the 
          credit when the EITC exceeds the amount of taxes owed for 
          those who claim and qualify for the credit. 

          To attract filers, existing federal and state laws require 
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          that employers notify eligible employees of the EITC.  The 
          notification must be given in one of the following ways:

                 On the W-2 tax form.
                 A substitute W-2 form with the same EITC 
               information.
                 Provide "Notice 797."
                 An employer's written statement as "Notice 797."

          California employers must also visibly post a statement 
          about the EITC in the workplace.

          This resolution makes the following legislative findings:

          1.The EITC is available to taxpayers who work, but do not 
            earn high incomes and may often struggle to make ends 
            meet. These taxpayers could be missing an opportunity to 
            pay less federal income tax, pay no federal income tax, 
            or receive a refund.

          2.Working California individuals may be missing out on a 
            federal refund of up to five thousand six hundred 
            sixty-six dollars because they are not aware of the EITC. 
             They may also not be aware of additional working family 
            tax credits, such as the Child Tax Credit, the Child and 
            Dependent Care Credit, and the Making Work Pay Credit.

          3.According the Internal Revenue Service, up to 25 percent 
            of eligible taxpayers nationwide may fail to claim the 
            EITC because they are not aware of the credit or of free 
            assistance to claim the credit.

          4.New parents, grandparents raising grandchildren, and 
            foster parents may not realize they qualify for the EITC. 
             Some families, such as those in the military and those 
            raising children with disabilities may not realize that 
            there are special rules that may help them quality for 
            the EITC.

          5.The Internal Revenue Service and other organizations 
            collaborate with local agencies to offer Volunteer Income 
            Tax Assistance to raise awareness of the EITC and provide 
            tools to local agencies to link financial education and 
            other asset-building efforts, such as individual 

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            development accounts.

          6.Employers can help increase the take-home pay of their 
            employees by making employees aware of the EITC.

          7.The federal EITC increases California's revenue and 
            stimulates the local and state economy.

          8.Every year an estimated one billion dollars are lost to 
            hardworking families and the California economy because 
            of failure to claim the EITC.

          This resolution urges state and local governments and 
          community organizations to promote education and awareness 
          of the federal EITC and other tax credits that help working 
          families persevere through difficult economic times.

          Comments
           
          In 2010, over 800,000 of eligible Californians failed to 
          claim the EITC because they were unaware of their 
          eligibility or were unaware of the program altogether.  In 
          an economic climate with slow wage growth, the EITC 
          provides low- to moderate-income households a much-needed 
          income boost.  SCR 12 seeks to complement the federal 
          outreach with additional state mobilization, like community 
          events, public service announcements, and collaborations 
          with local banking institutions to increase claims among 
          eligible Californians.  

           Related Legislation
           
          AB 509 (Skinner) requires state departments and agencies, 
          which serve low-income individuals or families, to notify 
          service recipients that they may be eligible for the EITC.  


           Prior Legislation
           
          AB 650 (Lieu and Jones) 2007, requires any employer that is 
          required to provide unemployment insurance to employees to 
          notify them of their possible eligibility for the EITC.  AB 
          2813 (Nunez, 2004) and AB 1370 (Wesson, 1999) would have 
          required employers to notify eligible employees about the 

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          EITC program and its benefits.  Governor Davis vetoed AB 
          1370 (Wesson, 1999) stating, "it is the responsibility of 
          the federal government to educate taxpayers on its 
          availability."  Governor Schwarzenegger vetoed AB 2813 
          (Nunez, 2004) because "it is duplicative of federal 
          efforts." 

          FISCAL EFFECT  :    Fiscal Com.:  No

           SUPPORT  :   (Verified  4/27/11)

          California Tax Reform Association


          AGB:nl  4/27/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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