Bill Text: CA AB6 | 2013-2014 | Regular Session | Amended
Bill Title: Income tax credits: prewiring for alternative energy sources.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB6 Detail]
Download: California-2013-AB6-Amended.html
BILL NUMBER: AB 6 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Gorell
DECEMBER 3, 2012
An act to add and repeal Sections 17053.88 and 23689
17052.9 and 23605 of the Revenue and Taxation
Code, relating to taxation, to take effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
AB 6, as amended, Gorell. Income tax credits: emergency
standby generators. prewiring for alternative energy
sources.
The Personal Income Tax Law and the Corporation Tax Law
authorize allow various credits against the
taxes imposed by those laws.
This bill would authorize allow a
credit against those taxes for each taxable year beginning on or
after January 1, 2012, 2014, and before
January 1, 2017 2019 , in an amount
equal to 50% of the amount paid or incurred during the taxable year,
up to $2,500, for the purchase and installation of
an emergency standby generator, prewiring,
as defined, at a service station, as defined, located in this
state.
This bill would take effect immediately as a tax levy.
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. It is the intent of this act to provide an incentive
for a taxpayer that operates a service station to purchase
and install an emergency standby generator install
appropriate wiring, including, but not limited to, a transfer switch
that would enable the use of an alternative energy source to operate
fuel pumps, dispensing equipment, payment acceptance equipment, and
safety systems including, but not limited to, emergency fuel shut
off systems and fire alarms, at a service station
located in this state in order for the service station to be able to
continue to maintain electrical power to provide services to the
public during power outages.
SEC. 2 . Section 17052.9 is added to
the Revenue and Taxation Code , to read:
17052.9. (a) For each taxable year beginning on or after January
1, 2014, and before January 1, 2019, there shall be allowed as a
credit against the "net tax," as defined in Section 17039, an amount
equal to 50 percent of the amount paid or incurred during the taxable
year for the installation of prewiring at a service station located
in this state, not to exceed two thousand five hundred dollars
($2,500).
(b) For the purposes of this section:
(1) "Prewiring" means wiring, including, but not limited to, a
transfer switch that would enable the use of an alternative energy
source to operate fuel pumps, dispensing equipment, payment
acceptance equipment, and safety systems, including, but not limited
to, emergency fuel shutoff systems and fire alarms, that allows a
service station to continue to maintain electrical power to provide
services to the public during a power outage.
(2) "Service station" means an establishment that sells to the
public gasoline or other fuel that powers motor vehicles and that is
located on a county-designated evacuation route.
(c) 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 the seven succeeding years if necessary,
until the credit is exhausted.
(d) This section shall remain in effect only until December 1,
2019, and as of that date is repealed.
SEC. 3. Section 23605 is added to the
Revenue and Taxation Code , to read:
23605. (a) For each taxable year beginning on or after January 1,
2014, and before January 1, 2019, there shall be allowed as a credit
against the "tax," as defined in Section 23036, an amount equal to
50 percent of the amount paid or incurred during the taxable year for
the installation of prewiring at a service station located in this
state, not to exceed two thousand five hundred dollars ($2,500).
(b) For the purposes of this section:
(1) "Prewiring" means wiring, including, but not limited to, a
transfer switch that would enable the use of an alternative energy
source to operate fuel pumps, dispensing equipment, payment
acceptance equipment, and safety systems, including, but not limited
to, emergency fuel shutoff systems and fire alarms, that allows a
service station to continue to maintain electrical power to provide
services to the public during a power outage.
(2) "Service station" means an establishment that sells to the
public gasoline or other fuel that powers motor vehicles and that is
located on a county-designated evacuation route.
(c) In the case where the credit allowed by this section exceeds
the "tax," the excess may be carried over to reduce the "tax" in the
following year, and the seven succeeding years if necessary, until
the credit is exhausted.
(d) This section shall remain in effect only until December 1,
2019, and as of that date is repealed.
SEC. 2. Section 17053.88 is added to the
Revenue and Taxation Code, to read:
17053.88. (a) For each taxable year beginning on or after January
1, 2012, and before January 1, 2017, there shall be allowed as a
credit against the "net tax," as defined in Section 17039, an amount
equal to 50 percent of the amount paid or incurred during the taxable
year for the purchase and installation of an emergency standby
generator at a service station located in this state, not to exceed
two thousand five hundred dollars ($2,500) per emergency standby
generator.
(b) For purposes of this section:
(1) "Emergency standby generator" means an electrical generator
that is rated by the manufacturer to generate at least 30 kilowatts
of electricity and whose sole function is to automatically provide
electric power when electric power from a utility service is
interrupted.
(2)
"Gross receipts" shall have the same meaning as set forth in
Section 25120.
(3)
"Service station" means an establishment that offers for sale or
sells to the public, gasoline or other fuel to power motor vehicles
and is owned by a taxpayer with worldwide gross receipts of less than
one million dollars ($1,000,000) for any taxable year for which the
credit authorized by this section is claimed. The gross receipts of
any trades or businesses that are treated as related under Section
267, 318, or 707 of the Internal Revenue Code shall be aggregated for
purposes of determining worldwide gross receipts under this
paragraph.
(c) The depreciable basis of any emergency standby generator shall
be reduced by the amount of any credit allowable under this section.
(d) If an emergency standby generator for which a credit is
allowed pursuant to this section is thereafter sold, returned to the
vendor, or otherwise removed from service by the taxpayer within one
year from the date the emergency standby generator was placed in
service, the amount of credit allowed by this section for the
purchase and installation of that emergency standby generator shall
be recaptured by adding that credit amount to the net tax of the
taxpayer for the taxable year in which the emergency standby
generator is sold or removed.
(e)
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 the seven succeeding years if necessary,
until the credit is exhausted.
(f)
This section shall remain in effect only until December 1, 2017,
and as of that date is repealed.
SEC. 3. Section 23689 is added to the Revenue
and Taxation Code, to read:
23689. (a) For each taxable year beginning on or after January 1,
2012, and before January 1, 2017, there shall be allowed as a credit
against the "tax," as defined in Section 23036, an amount equal to
50 percent of the amount paid or incurred during the taxable year for
the purchase and installation of an emergency standby generator at a
service station located in this state, not to exceed two thousand
five hundred dollars ($2,500) per emergency standby generator.
(b) For purposes of this section:
(1) "Emergency standby generator" means an electrical generator
that is rated by the manufacturer to generate at least 30 kilowatts
of electricity and whose sole function is to automatically provide
electric power when electric power from a utility service is
interrupted.
(2)
"Gross receipts" shall have the same meaning as set forth in
Section 25120.
(3)
"Service station" means an establishment that offers for sale or
sells to the public, gasoline or other fuel to power motor vehicles
and is owned by a taxpayer with worldwide gross receipts of less than
one million dollars ($1,000,000) for any taxable year for which the
credit authorized by this section is claimed. The gross receipts of
any trades or businesses that are treated as related under Section
267, 318, or 707 of the Internal Revenue Code shall be aggregated for
purposes of determining worldwide gross receipts under this
paragraph.
(c) The depreciable basis of any emergency standby generator shall
be reduced by the amount of any credit allowable under this section.
(d) If an emergency standby generator for which a credit is
allowed pursuant to this section is thereafter sold, returned to the
vendor, or otherwise removed from service by the taxpayer within one
year from the date the emergency standby generator was placed in
service, the amount of credit allowed by this section for the
purchase and installation of that emergency standby generator shall
be recaptured by adding that credit amount to the tax of the taxpayer
for the taxable year in which the emergency standby generator is
sold or removed.
(e)
In the case where the credit allowed by this section exceeds the
"tax," the excess may be carried over to reduce the "tax" in the
following year, and the seven succeeding years if necessary, until
the credit is exhausted.
(f)
This section shall remain in effect only until December 1, 2017,
and as of that date is repealed.
SEC. 4. This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.
