Bill Text: CA AB43 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sales and use taxes: claim for refund: customer refunds.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB43 Detail]
Download: California-2013-AB43-Amended.html
Bill Title: Sales and use taxes: claim for refund: customer refunds.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB43 Detail]
Download: California-2013-AB43-Amended.html
BILL NUMBER: AB 43 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 29, 2013 AMENDED IN ASSEMBLY MARCH 19, 2013 INTRODUCED BY Assembly Member Bocanegra DECEMBER 14, 2012 An act toadd Section 5143.5 toamend Section 17052.25 of the Revenue and Taxation Code, relating to taxation , to take effect immediately, tax levy . LEGISLATIVE COUNSEL'S DIGEST AB 43, as amended, Bocanegra.Property taxation: refund actions.Income taxes: credits: adoption costs. The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit in an amount equal to 50% of specified adoption costs, not to exceed $2,500 per minor child. This bill would increase the maximum amount of the above credit to $3,000, commencing January 1, 2014. This bill would take effect immediately as a tax levy.Existing law authorizes a taxpayer to bring an action in the superior court against a county or a city to recover a tax that the board of supervisors of the county or the city council of the city has refused to refund, as specified.This bill would provide that in all actions or proceedings for judicial review of a county board's decision, including those initiated by an assessor, if remand is required for any reason, the court shall issue a written statement of decision or order that explains the factual and legal basis for the court's decision as to each of the material controversial issues and includes instructions for remand to the county board.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 17052.25 of the Revenue and Taxation Code is amended to read: 17052.25. (a) For each taxable year beginning on or after January 1, 1994, there shall be allowed as a credit against the "net tax," as defined in Section 17039, an amount equal to 50 percent of the costs paid or incurred by a taxpayer for the adoption of any minor child who is a citizen or legal resident of the United States and was in the custody of a public agency of either this state or a political subdivision of this state.The credit shall not exceed two thousand five hundred dollars ($2,500) per minor child.(1) For each taxable year beginning on or after January 1, 1994, and before January 1, 2014, the credit shall not exceed two thousand five hundred dollars ($2,500) per minor child. (2) For each taxable year beginning on or after January 1, 2014, the credit shall not exceed three thousand dollars ($3,000) per minor child. (b) "Costs" eligible for the credit pursuant to subdivision (a) shall include the following: (1) Fees for required services of either the Department of Social Services or a licensed adoption agency. (2) Travel and related expenses for the adoptive family that are directly related to the adoption process. (3) Medical fees and expenses that are not reimbursed by insurance and are directly related to the adoption process. (c) The credit authorized by this section shall be claimed for the taxable year in which the decree or order of adoption is entered pursuant to Section 8612 of the Family Code. However, the allowable credit claimed may include any costs of that adoption paid or incurred in any prior taxable year. (d) In the case where the credit allowed by this section exceeds the "net tax," the excess may be carried over to reduce the "net tax" in the following year, and succeeding years if necessary, until the total credit of two thousand five hundred dollars ($2,500) , or commencing January 1, 2014, three thousand dollars ($3,000), per minor child is exhausted. (e) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section. SEC. 2. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.SECTION 1.Section 5143.5 is added to the Revenue and Taxation Code, to read: 5143.5. In all actions or proceedings for judicial review of a county board's decision, including those initiated by an assessor, if remand is required for any reason, the court shall issue a written statement of decision or order that explains the factual and legal basis for the court's decision as to each of the material controversial issues and includes instructions for remand to the county board.