Amended  IN  Assembly  May 15, 2017
Amended  IN  Assembly  May 01, 2017
Amended  IN  Assembly  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 806

Introduced by Assembly Member Kalra

February 15, 2017

An act to add and repeal Section 17056.1 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.


LEGISLATIVE COUNSEL'S DIGEST


AB 806, as amended, Kalra. Personal income taxes: credit: family caregiver.
The Personal Income Tax Law allows various credits against the taxes imposed by that law.
This bill, for each taxable year beginning and or after January 1, 2018, and before January 1, 2023, would allow a credit against those taxes in an amount equal to 50% of the amount paid or incurred by a family caregiver during the taxable year for eligible expenses, as defined, not to exceed $1,000. The bill would limit the aggregate amount of these credits to be allocated in each calendar year to $50,000,000. The bill would require the Franchise Tax Board to allocate and certify these tax credits to taxpayers on a first-come-first-served basis. The bill would make these provisions operative on the effective date of any budget measure specifically appropriating funds to the Franchise Tax Board for its costs to administer these provisions.
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) At any given time, an estimated 4.4 million Californians provide varying degrees of unreimbursed care to adults with limitations in daily activities. The total value of the unpaid care provided to individuals in need of long-term services and supports amounts to an estimated $57 billion every year, based on 2013 data. While most caregivers are asked to assist an individual with basic activities of daily living, including mobility, eating, and dressing, many are expected to perform complex tasks on a daily basis, including administering multiple medications, providing wound care, and operating medical equipment.
(b) Caregivers are increasingly contributing more time, more energy, and more money to support their loved ones. The rising costs of health care, the limitations to Medicare and other insurance coverage, the increased number of years that caregivers are providing care, and improved longevity have all put pressure on caregivers to dip into their own finances to help pay for various elements of care.
(c) For many caregivers, these out-of-pocket expenses can add up. A recent AARP study, “Family Caregiving and Out-of-Pocket Costs: 2016 Report,” showed that caregivers, on average, contribute $6,954 to their loved one’s care. For caregivers earning at or below the average median income level, those contributions have a significant impact.
(d) Numerous studies have found that caregivers feel stressed by the financial burden of caregiving. Two in five caregivers have noted that this stress is moderate to high. Furthermore, this strain is exacerbated the longer that someone provides care, the more intense the care burden, whether the care recipient has a mental health condition, and whether other help is involved.
(e) In order to successfully address the challenges of a surging population of older adults and others living with chronic conditions, who have significant needs for long-term services and support, the state must develop methods to enable caregivers to continue to support their loved ones at home and in the community, and avoid unnecessary costs to the state’s health care system.

SEC. 2.

 It is the intent of the Legislature to create a tax credit for certain expenses incurred by a family caregiver for the care and support of a qualifying family member.

SEC. 3.

 Section 17056.1 is added to the Revenue and Taxation Code, to read:

17056.1.
 (a)  For each taxable year beginning on or after January 1, 2018, and before January 1, 2023, 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 by a family caregiver during the taxable year for eligible expenses, not to exceed one thousand dollars ($1,000) regardless of the type of return filed.
(b) For the purposes of this section:
(1) (A) “Eligible family member” means, with respect to any taxable year, any individual who has been certified, before the due date for filing the return of tax for the taxable year (without extensions), by a physician (as defined in Section 1861(r) of the Social Security Act) as being an individual with long-term care needs described in subparagraph (C) for a period that meets both of the following requirements:
(i) Is at least 180 consecutive days.
(ii) A portion of that period occurs within the taxable year.
(B) “Eligible family member” shall not include any individual otherwise meeting the requirements of subparagraph (A) unless within the 391/2-month period ending on that due date (or another period the Franchise Tax Board prescribes) a physician as defined in subparagraph (A) has certified that the individual meets those requirements.
(C) An individual is described in this paragraph to have long-term care needs if that individual meets any of the following requirements:
(i) The individual is at least six years of age and meets either of the following requirements:
(I) The individual is unable to perform (without substantial assistance from another individual) at least three activities of daily living, as defined in Section 7702B(c)(2)(B) of the Internal Revenue Code, relating to activities of daily living, due to a loss of functional capacity.
(II) The individual requires substantial supervision to protect that individual from threats to health and safety due to severe cognitive impairment and is unable to perform at least one activity of daily living, as defined in Section 7702B(c)(2)(B) of the Internal Revenue Code, relating to activities of daily living, or to the extent provided by the Franchise Tax Board (in consultation with the Secretary of California Health and Human Services) is unable to engage in age-appropriate activities.
(ii) The individual is at least two years of age but less than six years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least two of the following activities: eating, transferring, or mobility.
(iii) The individual is under two years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual’s condition to be available if the individual’s parents or guardians are absent.
(2) (A) “Family caregiver” means an individual who meets all of the following:
(i) Has a federal adjusted gross income of less than seventy-five thousand dollars ($75,000) for an individual and or one hundred fifty thousand dollars ($150,000) for a joint return.
(ii) Incurs uncompensated expenses directly related to the care of an eligible family member.
(iii) Provides care to one or more eligible family members during the taxable year.
(B) In the case of a joint return, “family caregiver” includes the individual and the individual’s spouse.
(3) “Eligible expenses” includes the following that are directly related to assisting a family caregiver in providing care for an eligible family member in the state.
(A) The total amount expended by the family caregiver to retrofit an existing residence, provided that the new residence or the retrofitting of the existing residences is designed to improve accessibility, or to provide universal visitability.
(B) Purchases or leases of equipment that is necessary to assist an eligible family member in carrying out one or more activities of daily living.
(C) Goods, services, or support that assists the family caregiver in providing care to an eligible family member, including, but not limited to, expenditures related to hiring a home care aide or personal care attendant, respite care, adult day care, transportation, legal and financial services, and for assistive technology to care for the eligible family member.
(c) Only one family caregiver may be allowed this credit in a taxable year for a specific eligible family member.
(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 taxable year, and succeeding two years if necessary, until the credit is exhausted.
(e) (1) No credit shall be allowed under this section to a taxpayer with respect to any eligible family member unless the taxpayer includes the name and taxpayer identification number of that individual, and the identification number of the physician certifying that individual, on the return of tax for the taxable year.
(2) The denial of any credit under paragraph (1) may be made pursuant to Section 19051.
(f) The taxpayer shall retain the physician certification required by paragraph (1) of subdivision (b) and shall make that certification available to the Franchise Tax Board upon request.
(g) (1) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.
(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board.
(h) 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.
(i) The aggregate amount of credits that may be allocated pursuant to this section shall be an amount equal to the sum of the following:
(1) Fifty million dollars ($50,000,000) in credits for each calendar year.
(2) The unused allocation credit amount, if any, for the preceding calendar year.
(j) For the purposes of this section, the Franchise Tax Board shall do both of the following:
(1) On or after January 1, 2018, and before January 1, 2023, allocate and certify tax credits to taxpayers on a first-come-first-served basis by determining and designating applicants who meet the requirements of this section.
(2) Once the credits allocated exceed the limit established in subdivision (i), the Franchise Tax Board shall cease to allocate and certify tax credits to taxpayers.
(k) This section shall become operative on the effective date of any budget measure specifically appropriating funds to the Franchise Tax Board for its costs to administer this section.

(i)

(l) This section is repealed on December 1, 2023.

SEC. 4.

 This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.