AB 1569, as amended, Rodriguez. Income taxes: credits: apprenticeships.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. Existing law provides for the establishment of apprenticeship programs in various trades, to be approved by the Chief of the Division ofbegin delete Industrial Relationsend deletebegin insert Apprenticeship Standardsend insert in any trade in the state or in a city or trade area whenever the apprentice training needs justify the establishment.
This bill, for taxable years beginning on or after January 1, 2016, and before January 1, 2020, would allow a credit against the taxes imposed under those tax laws in an amount equal to $2,000 for each registered apprentice, as defined, trained by the taxpayer in the taxable year.begin insert This bill would require the Division of Apprenticeship Standards in the Department of Industrial Relations, among other things, to establish a procedure for taxpayers, in the form and manner jointly prescribed by the Division of Apprenticeship Standards and the Franchise Tax Board, to apply and receive a certificate for purposes of the credit. This bill would also require the Division of Apprenticeship Standards to prepare reports for each of the 5 calendar years beginning on January 1, 2017, and before January 1, 2022, containing specified information relating to the credits, to be submitted to the Assembly and Senate Appropriations Committees, the Assembly Revenue and Taxation Committee, and the Senate Governance and Finance Committee on or before March 1 of the following calendar year, commencing March 1, 2018.end insert
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:
begin insertSection 3073.7 is added to the end insertbegin insertLabor Codeend insertbegin insert, to
2read:end insert
(a) The Division of Apprenticeship Standards shall
4prepare reports on the apprenticeship income tax credits allowed
5under Sections 17053.10 and 23667 of the Revenue and Taxation
6Code. The reports shall be for each of the five calendar years
7beginning on January 1, 2017, and before January 1, 2022, and
8shall include, but not be limited to, the following information:
9(1) The number of companies or businesses taking advantage
10of the apprenticeship income tax credit.
11(2) The number of apprentices participating in the
12apprenticeship programs and the number of apprentices who
13completed an apprenticeship program which was the basis of the
14apprenticeship income tax credits allowed
under Sections 17053.10
15and 23667 of the Revenue and Taxation Code.
16(3) The number of apprentices that were hired by the taxpayer
17after the apprenticeship training was completed for which the
18taxpayer was allowed a credit under Sections 17053.10 and 23667
19of the Revenue and Taxation Code for training that apprentice.
20(4) Information on the employment status of individuals who
21have completed an apprenticeship to the extent the information is
22available.
23(5) The fiscal impact of the apprenticeship income tax credits.
24(b) This report shall be submitted to the Assembly and Senate
25Appropriations Committees, the Assembly Revenue and Taxation
26Committee, and the Senate Governance and Finance Committee
P3 1on or before March 1 of the following calendar year,
commencing
2March 1, 2018.
3(c) This section shall be repealed on January 1, 2023.
Section 17053.10 is added to the Revenue and Taxation
6Code, to read:
(a) For each taxable year beginning on or after
8January 1, 2016, and before January 1, 2020, there shall be allowed
9as a credit against the “net tax,” as defined in Section 17039, in
10an amount equal to two thousand dollars ($2,000) for each
11registered apprentice trained by the taxpayer in the taxable year.
12(b) For purposes of this section, “registered apprentice” means
13begin delete a personend deletebegin insert an individualend insert who meets all of the following requirements:
14(1) Is 16 years of age or olderbegin delete, but under 25 years of ageend deletebegin insert
at the
15time of application into the programend insert.
16(2) Has not obtained a high school diploma, and is enrolled in
17high school or a General Education Development test preparation
18programbegin insert, or is currently enrolled for the duration of the program
19and remains enrolled and completes the program while
20participating in the apprenticeshipend insert.
21(3) Is trained by the taxpayer through an apprenticeship program
22that meets all of the following requirements:
23(A) The apprenticeship program is approved by the Chief of
24the Division of Apprenticeship Standards pursuant to Chapter 4
25(commencing with Section 3070) of Division 3 of the
Labor Code
26begin insert
and is also registered with the Office of Apprenticeship at the
27United States Department of Laborend insert.
28(B) The program is provided pursuant to an apprenticeship
29agreement as described in Section 3077 of the Labor Code.
30(C) The minimum term in hours for the program is 4,000 hours.
31(c) Upon request of the Franchise Tax Board, the taxpayer shall
32provide a copy of the apprenticeship agreement to the Franchise
33Tax Board.
34(c) (1) (A) A credit shall only be allowed under this section
35for the taxable year if the taxpayer has received the certificate
36described in subparagraph (B) from the Division of Apprenticeship
37Standards in the Department of Industrial Relations. A certificate
38is required for each taxable year. The taxpayer shall provide a
39copy of the certificate to the Franchise Tax Board upon request.
P4 1(B) The Division of Apprenticeship Standards shall do all of
2the following:
3(i) Establish a procedure for taxpayers, in the form and manner
4jointly prescribed by the Division of Apprenticeship Standards
5and the Franchise Tax Board, to apply and receive a certificate
6for purposes of this section.
7(ii) Verify that the taxpayer is training during the taxable year
8an individual that meets the requirements to be a registered
9apprentice as described in subdivision (b).
10(iii) Provide the taxpayer with a certificate
for the registered
11apprentice. The certificate shall contain the name of the taxpayer
12and the name of the apprentice, a brief description of the
13apprenticeship, the primary location of the apprenticeship, and
14any other information the Division of Apprenticeship Standards
15or the Franchise Tax Board deems relevant.
16(iv) Annually provide the Franchise Tax Board with a list of the
17names of the taxpayers that received certificates and the names of
18the registered apprentices of the taxpayer. The list may also contain
19any other information from the certificates.
20(v) Inform the Franchise Tax Board if the Division of
21Apprenticeship Standards has knowledge that the training of a
22registered apprentice is terminated prior to the completion of the
23apprenticeship program after the taxpayer has received a
24certificate.
25(2) The Division of Apprenticeship Standards may adopt rules
26and regulations as reasonably
necessary to effectuate this
27subdivision, but shall consult with the Franchise Tax Board.
28(d) In the case where the credit allowed by this section exceeds
29the “net tax,” the excess may be carried over to reduce the “net
30tax” in the following year, and succeeding four years, if necessary,
31until the credit is exhausted.
32(e) The Franchise Tax Board may prescribe rules, guidelines,
33or procedures necessary or appropriate to carry out the purposes
34of this sectionbegin insert, except as otherwise specified in subdivision (c)end insert.
35(f) (1) Except as provided in paragraph (2), if the
training of
36a registered apprentice is terminated prior to the completion of
37the apprenticeship program, any unused carryover of the credit
38shall be canceled and any previously claimed credit that reduced
39net tax shall be recaptured by increasing the tax imposed by this
40part for the taxable year in which the training is terminated.
P5 1(2) Paragraph (1) shall not apply if the training of a registered
2apprentice was terminated due to any of the following:
3(A) The registered apprentice voluntarily leaves the
4apprenticeship program.
5(B) The registered apprentice, before the end of the completion
6of the apprenticeship program described in paragraph (3) of
7subdivision (b), becomes disabled and unable to perform the
8services of that program, unless that disability is removed before
9the close of the period of that program and the taxpayer fails to
10offer reinstatement to the program for that apprentice.
11(C) The training of a registered apprentice was terminated due
12to the misconduct, as defined in Sections 1256-30 to 1256-43,
13inclusive, of Title 22 of the California Code of Regulations, of that
14apprentice.
15(D) The training of a registered apprentice was terminated due
16to a substantial reduction in the trade or business operations of
17the taxpayer.
18(f)
end delete
19begin insert(g)end insert This section shall remain in effect only until December 1,
202020, and as of that date is repealed.
begin insertSection 19560.3 is added to the end insertbegin insertRevenue and Taxation
22Codeend insertbegin insert, to read:end insert
The Franchise Tax Board shall provide the Division
24of Apprenticeship Standards in the Department of Industrial
25Relations with any information necessary to prepare the report
26required pursuant to Section 3073.7 of the Labor Code.
Section 23667 is added to the Revenue and Taxation
29Code, to read:
(a) For each taxable year beginning on or after January
311, 2016, and before January 1, 2020, there shall be allowed as a
32credit against the “tax,” as defined in Section 23036, in an amount
33equal to two thousand dollars ($2,000) for each registered
34apprentice trained by the taxpayer in the taxable year.
35(b) For purposes of this section, “registered apprentice” means
36begin delete a personend deletebegin insert an individualend insert who meets all of the following requirements:
37(1) Is 16 years of age or olderbegin delete, but under 25 years of ageend deletebegin insert at the
38time of application into the programend insert.
39(2) Has not obtained a high school diploma, and is enrolled in
40high school or a General Education Development test preparation
P6 1programbegin insert, or is currently enrolled for the duration of the program
2and remains enrolled and completes the program while
3participating in the apprenticeshipend insert.
4(3) Is trained by the taxpayer through an apprenticeship program
5that meets all of the following requirements:
6(A) The apprenticeship program is approved by the Chief of
7the Division of Apprenticeship Standards pursuant to Chapter 4
8(commencing with Section 3070) of Division 3 of the Labor Code
9begin insert and is also registered with the Office of Apprenticeship at the
10United States Department of Laborend insert.
11(B) The program is provided pursuant to an apprenticeship
12agreement as described in Section 3077 of the Labor Code.
13(C) The minimum term in hours for the program is 4,000 hours.
14(c) Upon request of the Franchise Tax Board, the taxpayer shall
15provide a copy of the apprenticeship agreement to the Franchise
16Tax Board.
17(c) (1) (A) A credit shall only be allowed under this section
18for the taxable year if the taxpayer has received the certificate
19described in subparagraph (B) from the Division of Apprenticeship
20Standards in the Department of Industrial Relations. A certificate
21is required for each taxable year. The taxpayer shall provide a
22copy of the certificate to the Franchise Tax Board upon request.
23(B) The Division of Apprenticeship Standards shall do all of
24the following:
25(i) Establish a procedure for taxpayers, in the form and manner
26jointly prescribed by the Division of Apprenticeship Standards
27and the Franchise Tax Board, to apply and receive a certificate
28for purposes of this section.
29(ii) Verify that the taxpayer is
training during the taxable year
30an individual that meets the requirements to be a registered
31apprentice as described in subdivision (b).
32(iii) Provide the taxpayer with a certificate for the registered
33apprentice. The certificate shall contain the name of the taxpayer
34and the name of the apprentice, a brief description of the
35apprenticeship, the primary location of the apprenticeship, and
36any other information the Division of Apprenticeship Standards
37or the Franchise Tax Board deems relevant.
38(iv) Annually provide the Franchise Tax Board with a list of the
39names of the taxpayers that received certificates and the names of
P7 1the registered apprentices of the taxpayer. The list may also contain
2any other information from the certificates.
3(v) Inform the Franchise Tax Board if the Division of
4Apprenticeship Standards has
knowledge that the training of a
5registered apprentice is terminated prior to the completion of the
6apprenticeship program after the taxpayer has received a
7certificate.
8(2) The Division of Apprenticeship Standards may adopt rules
9and regulations as reasonably necessary to effectuate this
10subdivision, but shall consult with the Franchise Tax Board.
11(d) In the case where the credit allowed by this section exceeds
12the “tax,” the excess may be carried over to reduce the “net tax”
13in the following year, and succeeding four years, if necessary, until
14the credit is exhausted.
15(e) The Franchise Tax Board may prescribe rules, guidelines,
16or procedures necessary or appropriate to carry out the purposes
17of this sectionbegin insert,
except as otherwise specified in subdivision (c)end insert.
18(f) (1) Except as provided in paragraph (2), if the training of
19a registered apprentice is terminated prior to the completion of
20the apprenticeship program, any unused carryover of the credit
21shall be canceled and any previously claimed credit that reduced
22tax shall be recaptured by increasing the tax imposed by this part
23for the taxable year in which the training is terminated.
24(2) Paragraph (1) shall not apply if the training of a registered
25apprentice was terminated due to any of the following:
26(A) The registered apprentice voluntarily leaves the
27apprenticeship program.
28(B) The registered apprentice, before the end of the completion
29of the apprenticeship program described in paragraph (3) of
30subdivision (b), becomes disabled and unable to perform the
31services of that program, unless that disability is removed before
32the close of the period of that program and the taxpayer fails to
33offer reinstatement to the program for that apprentice.
34(C) The training of a registered apprentice was terminated due
35to the misconduct, as defined in Sections 1256-30 to 1256-43,
36inclusive, of Title 22 of the California Code of Regulations, of that
37apprentice.
38(D) The training of a registered apprentice was terminated due
39to a substantial reduction in the trade or business operations of
40the taxpayer.
P8 1(f)
end delete
2begin insert(g)end insert This section shall remain in effect only until December 1,
32020, and as of that date is repealed.
This act provides for a tax levy within the meaning of
6Article IV of the Constitution and shall go into immediate effect.
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