Bill Text: CA AB2171 | 2009-2010 | Regular Session | Amended

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Bill Title: Tax benefits.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-05-28 - In committee: Hearing postponed by committee. [AB2171 Detail]

Download: California-2009-AB2171-Amended.html

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BILL NUMBER: AB 2171	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 27, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly  Member   Charles
Calderon   Members   Charles Calderon 
 and Portantino 

                        FEBRUARY 18, 2010

   An act to add Section 39 to the Revenue and Taxation Code,
relating to taxation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2171, as amended, Charles Calderon. Tax benefits.
   Existing law imposes various taxes and allows specified credits,
deductions, exclusions, and exemptions in computing those taxes.
   This bill would condition the allowance of a tax benefit
established in a statute that takes effect on or after January 1,
2011, on the allowable amount of that tax benefit being determined in
a separate statute, as provided,  and the tax benefit shall
be paid pursuant to an annual appropriation by the Legislature for
that purpose   would require the Legislature to annually
establish the maximum amount to be allowed for a tax benefit, as
provided  .
   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 39 is added to the Revenue and Taxation Code,
to read:
    39.    (a) For a tax benefit that takes effect on or
after January 1, 2011, the Legislature shall establish in an act,
for the taxable year for which any tax benefit allowed under Chapter
10 (commencing with Section 17001) or Chapter 11 (commencing with
Section 23001), and for any one or more reporting periods established
under any other provision of this code, the total amount that is
authorized or allowed for that tax benefit for that taxable year or
reporting period, as applicable.  
   39.  (a) 
    (b)    The allowance of any tax benefit
established in a statute that takes effect on or after January 1,
2011, is subject to both of the following:
   (1) For each  calendar   taxable  year
or any portion thereof to which it pertains, the tax benefit shall be
allowed to  each eligible taxpayer   a person
 only in that amount, equal to or less than the amount of that
benefit as established in statute, that is annually determined in a
separate statute to be consistent with the ability of state
government to meet its expenditure obligations under law.  A

    (2)     A  tax benefit established in
a statute that takes effect on or after January 1, 2011, is not
allowed for any  year   taxable year or
reporting period, as applicable, until the allowable amount of
that tax benefit is determined in a separate statute in accordance
with this  subdivision   section  .

   (2) In the amount determined to be allowable in accordance with
subdivision (a), a tax benefit established in a statute that takes
effect on or after January 1, 2011, shall be paid to each taxpayer
pursuant to an annual appropriation made by the Legislature for that
purpose.  
   (b) 
    (c)  For purposes of this section, "tax benefit" means a
credit, deduction, exclusion, exemption, or other tax advantage to a
person that has the effect of reducing the person's tax liability to
the state.