AB 1796,
as amended, Linder. begin deleteTax deductions: 529 college savings plans. end deletebegin insertFranchise Tax Board: refunds: direct deposit: taxpayer form instructions.end insert
Existing law requires the Franchise Tax Board to make a refund to a taxpayer of any overpayment of taxes. Existing law requires the Franchise Tax Board to revise returns to allow a taxpayer to designate more than one account for direct deposit of a refund.
end insertbegin insertThe Golden State Scholarshare College Savings Trust, California’s 529 College Savings Plan, is administered by the Scholarshare Investment Board. Existing law authorizes the trust to enter into agreements with participants on behalf of beneficiaries subject to specified terms for higher education expenses.
end insertbegin insertThis bill would require the Franchise Tax Board to revise taxpayer form instructions for tax returns to include information about the ability of a taxpayer to directly deposit a portion of a refund into the Golden State Scholarshare College Savings Trust, as defined. This bill would require the Scholarshare Investment Board to provide the Franchise Tax Board with a description of that trust program before a date specified by the Franchise Tax Board, and that the revisions be completed in the most cost-effective manner.
end insertThe Personal Income Tax Law, in modified conformity with federal income tax laws, allows various deductions in computing the income that is subject to the taxes imposed by that law.
end deleteThis bill, for taxable years beginning on or after January 1, 2014, would allow as a deduction under that law the lesser of (1) the amount contributed by a qualified taxpayer, as defined, to a qualified tuition program, as provided, or (2) $3,000 in the case of a taxpayer who is single or is a married individual filing a separate return, and $6,000 in the case of a taxpayer who is a married individual filing a joint return or an individual filing a head of household return.
end deleteThis bill would take effect immediately as a tax levy.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 19304 is added to the end insertbegin insertRevenue and
2Taxation Codeend insertbegin insert, to read:end insert
(a) The Franchise Tax Board shall revise taxpayer
4form instructions, for returns required to be filed, pursuant to
5Article 1 (commencing with Section 18501) of Chapter 2, to include
6information about the ability of a taxpayer to directly deposit a
7portion of the refund into the Golden State Scholarshare College
8Savings Trust.
9(b) The Scholarshare Investment Board shall provide the
10Franchise Tax Board with a description of the Golden State
11Scholarshare College Savings Trust on or before a specified date
12provided by the Franchise Tax Board. The length of the description
13shall be five lines or less.
14(c) The Franchise Tax Board shall revise the taxpayer form
15instructions in the most
cost-effective manner.
16(d) For purposes of this section, “Golden State Scholarshare
17College Savings Trust” has the meaning set forth in subdivision
18(e) of Section 69980 of the Education Code.
Section 17206.2 is added to the Revenue and
20Taxation Code, to read:
(a) For taxable years beginning on or after January
21, 2014, there shall be allowed as a deduction the lesser of the
3amount contributed by a qualified taxpayer during the taxable year
4to a qualified tuition program under Section 529 of the Internal
5Revenue Code, as modified by Section 17140.3, or the applicable
6amount determined under paragraph (2) of subdivision (b).
7(b) For purposes of this section, all of the following apply:
8(1) Section 67(b) of the Internal Revenue Code, relating to the
9definition of miscellaneous itemized deductions, is modified to
10additionally provide that the deduction allowed under this section
11is an itemized deduction that is
not subject to the 2 percent floor
12on itemized deductions under Section 67(a) of the Internal Revenue
13Code.
14(2) The amount allowed as a deduction under subdivision (a)
15shall not exceed the following:
16(A) In the case of a taxpayer who is single or is a married
17individual filing a separate return, three thousand dollars ($3,000).
18(B) In the case of a taxpayer who is a married individual filing
19a joint return or an individual filing a head of household return,
20six thousand dollars ($6,000).
21(3) “Qualified taxpayer” means an individual who, on behalf
22of a beneficiary, contributes money to a qualified tuition program
23and meets all of the other
applicable requirements of Section 529
24of the Internal Revenue Code, as modified by Section 17140.3.
25(c) The deduction under subdivision (a) shall be taken with
26respect to the taxable year in which the contribution is made and
27shall be limited to the applicable dollar amount determined under
28paragraph (2) of subdivision (b).
This act provides for a tax levy within the meaning of
30Article IV of the Constitution and shall go into immediate effect.
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