Bill Text: CA AB52 | 2023-2024 | Regular Session | Amended

California Assembly Bill 52

Bill Title: Income tax credit: sales and use taxes paid: manufacturing equipment: research and development equipment.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB52 Detail]

Download: California-2023-AB52-Amended.html

Amended IN Senate June 15, 2023

Amended IN Assembly April 19, 2023

Amended IN Assembly March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 52

Introduced by Assembly Member Grayson
(Coauthors: Assembly Members Gipson, Pacheco, Petrie-Norris, and Valencia)

December 05, 2022

An act to add and repeal Sections 17053.90 and 23623 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.

LEGISLATIVE COUNSEL'S DIGEST

AB 52, as amended, Grayson. Income tax credit: sales and use taxes paid: manufacturing equipment: research and development equipment.

Existing law, the Bradley-Burns Uniform Local Sales and Use Tax Law, authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are automatically incorporated into the local tax laws.

Existing law, the Sales and Use Tax Law, imposes state taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property, as defined, that is, among other things, purchased by a qualified person for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified, or purchased for use by a qualified person to be used primarily in research and development. Existing law prohibits the exemption described above from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution.

The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws.

This bill would allow, for a taxable year beginning on or after January 1, 2024, and before January 1, 2029, a credit against those taxes to a taxpayer in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution.

This bill would also allow for a taxable year beginning on or after January 1, 2024, and before January 1, 2029, a similar tax credit against those taxes to a taxpayer in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution.

Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals that the tax credit will achieve, detailed performance indicators, and data collection requirements.

~~The~~

This bill would make specified findings detailing the goal of the above-described tax credit, performance indicators for determining whether the credit meets that goal, and data collection requirements.

This bill would take effect immediately as a tax levy.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) Businesses conducting manufacturing or research and development activities are essential to the economic well-being of California and provide high-wage jobs for Californians. In recent years, many of these businesses have chosen to relocate operations to lower cost jurisdictions or expand outside of California.

(b) California has the highest state-level sales tax rate among the 50 states in the United States, and after local rates are accounted for, sales and use tax rates in California can reach up to 10.75 percent.

(c) Thirty-eight states fully exempt manufacturing equipment from sales and use tax. With California’s current partial exemption, taxpayers pay more to buy equipment in California than they would elsewhere, creating a competitive disadvantage for the state.

SEC. 2.

Section 17053.90 is added to the Revenue and Taxation Code, to read:

17053.90.

(a) (1) For each taxable year beginning on or after January 1, 2024, and before January 1, 2029, a taxpayer shall be allowed a credit against the “net tax,” as defined in Section 17039, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.

(2) For each taxable year beginning on or after January 1, 2024, and before January 1, 2029, a taxpayer shall be allowed a credit against the “net tax,” as defined in Section 17039, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.

(b) 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.

(c) If a credit allowed by this section exceeds the “net tax,” the excess may be carried over to reduce the “net tax” in the following taxable year, and succeeding eight years, if necessary, until the credit is exhausted.

(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.
(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.
(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.
~~(d)~~

(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.

~~(e)~~

(h) For the purpose of complying with Section 41, the Legislature finds and declares the following with respect to the tax credits allowed by this section:

(1) The specific goal that the credits will achieve is to encourage new and continued investment in California in the areas of manufacturing and research and development.

(2) Detailed performance indicators for the Legislature to use in determining whether the credits meet that goal are as follows:

(A) The total dollar amount of tax credits allowed pursuant to this section.

(B) The number of taxpayers that were allowed a tax credit pursuant to this section.

(3) (A) (i) The Legislative Analyst’s Office, on or before January 1, 2027, shall review the effectiveness of the credits allowed under this section and post the review on the office’s internet website.

(ii) Notwithstanding Section 19542, the Franchise Tax Board shall provide to the Legislative Analyst’s Office any data in its possession requested by the Legislative Analyst’s ~~office~~ Office for the purpose of complying with clause (i).

(B) The review required by this paragraph shall include, but not be limited to, an analysis of the demand for the credits and the economic impact of the credits.

~~(f)~~

(i) This section shall remain in effect only until December 1, 2029, and as of that date is repealed.

SEC. 3.

Section 23623 is added to the Revenue and Taxation Code, to read:

23623.

(a) (1) For each taxable year beginning on or after January 1, 2024, and before January 1, 2029, a taxpayer shall be allowed a credit against the “tax,” as defined in Section 23036, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.

(2) For each taxable year beginning on or after January 1, 2024, and before January 1, 2029, a taxpayer shall be allowed a credit against the “tax,” as defined in Section 23036, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.

(c) If a credit allowed by this section exceeds the “tax,” the excess may be carried over to reduce the “tax,” in the following taxable year, and succeeding eight years, if necessary, until the credit is exhausted.

(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.

~~(e)~~

(h) For purposes of complying with Section 41, the goal, performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision ~~(e)~~ (h) of Section 17053.90.

~~(f)~~

(i) This section shall remain in effect only until December 1, 2029, and as of that date is repealed.