Bill Text: CA AB394 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Personal income tax: voluntary contributions:

Spectrum: Bipartisan Bill

Status: (Passed) 2013-10-10 - Chaptered by Secretary of State - Chapter 671, Statutes of 2013. [AB394 Detail]

Download: California-2013-AB394-Chaptered.html

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BILL NUMBER: AB 394	CHAPTERED
	BILL TEXT

	CHAPTER  671
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2013
	APPROVED BY GOVERNOR  OCTOBER 9, 2013
	PASSED THE SENATE  AUGUST 26, 2013
	PASSED THE ASSEMBLY  APRIL 22, 2013
	AMENDED IN ASSEMBLY  APRIL 18, 2013

INTRODUCED BY   Assembly Members Yamada and Grove
   (Principal coauthors: Assembly Members Achadjian, Allen, Ammiano,
Bonilla, Buchanan, Chesbro, Beth Gaines, Garcia, Hagman, Harkey,
Nestande, Olsen, Quirk-Silva, Rendon, Ting, Wagner, Wilk, and
Williams)
   (Coauthors: Senators Fuller, Hill, and Knight)

                        FEBRUARY 15, 2013

   An act to amend Section 18766 of the Revenue and Taxation Code,
relating to personal income tax.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 394, Yamada. Personal income tax: voluntary contributions:
Alzheimer's disease.
   The Personal Income Tax Law allows taxpayers, until January 1,
2015, to contribute amounts in excess of their tax liability for the
support of the California Alzheimer's Disease and Related Disorders
Research Fund, unless earlier repealed for failure to meet annual
minimum contribution amounts.
   This bill would instead make these provisions effective for
taxable years beginning before January 1, 2020.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 18766 of the Revenue and Taxation Code is
amended to read:
   18766.  (a) Except as otherwise provided in paragraph (2) of
subdivision (b), this article shall remain in effect only for taxable
years beginning before January 1, 2020, and as of December 1 of that
year is repealed .
   (b) (1) By September 1, 2006, and by September 1 of each
subsequent calendar year that the California Alzheimer's Disease and
Related Disorders Research Fund appears on a tax return, the
Franchise Tax Board shall do all of the following:
   (A) Determine the minimum contribution amount required to be
received during the next calendar year for the fund to appear on the
tax return for the taxable year that includes that next calendar
year.
   (B) Provide written notification to the Secretary of California
Health and Human Services of the amount determined in subparagraph
(A).
   (C) Determine whether the amount of contributions estimated to be
received during the calendar year will equal or exceed the minimum
contributions amount determined by the Franchise Tax Board for the
calendar year pursuant to subparagraph (A). The Franchise Tax Board
shall estimate the amount of contributions to be received by using
the actual amounts received and an estimate of the contributions that
will be received by the end of that calendar year.
   (2) If the Franchise Tax Board determines that the amount of
contributions estimated to be received during a calendar year will
not at least equal the minimum contribution amount for the calendar
year, this article shall be inoperative with respect to taxable years
beginning on or after January 1 of that calendar year and shall be
repealed on December 1 of that year.
   (3) For purposes of this section, the minimum contribution amount
for a calendar year means two hundred fifty thousand dollars
($250,000) for the 2000 calendar year or the minimum contribution
amount as adjusted pursuant to subdivision (c).
   (c) For each calendar year, beginning with calendar year 2001, the
Franchise Tax Board shall adjust, on or before September 1 of that
calendar year, the minimum contribution amount specified in
subdivision (b) as follows:
   (1) The minimum contribution amount for the calendar year shall be
an amount equal to the product of the minimum contribution amount
for the prior calendar year multiplied by the inflation factor
adjustment as specified in paragraph (2) of subdivision (h) of
Section 17041, rounded off to the nearest dollar.
   (2) The inflation factor adjustment used for the calendar year
shall be based on the figures for the percentage change in the
California Consumer Price Index received on or before August 1 of the
calendar year pursuant to paragraph (1) of subdivision (h) of
Section 17041.
   (d) Notwithstanding the repeal of this article, any contribution
amounts designated pursuant to this article prior to its repeal shall
continue to be transferred and disbursed in accordance with this
article as in effect immediately prior to that repeal.