Today's Law As Amended

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AB-895 Personal income tax: credit: physicians: emergency medical services.(2011-2012)

As Amends the Law Today


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

 (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 25 percent of the value of emergency medical services personally provided by a physician and surgeon who is licensed by the Medical Board of California or the Osteopathic Medical Board of California, and who is eligible to receive reimbursement for those emergency medical services under Article 2.5 (commencing with Section 1797.98a) of the Health and Safety Code, but has not received reimbursement for those services for the taxable year.
(b) The amount of credit allowed to a physician and surgeon by this section shall not exceed five thousand dollars ($5,000) per taxable year.
(c) (1) The value of medical services provided shall be determined according to the usual, reasonable, and customary rate as described in Section 1300.71(a)(3)(B) of Title 28 of the California Code of Regulations.
(2) The amount of the tax credit shall be based on a reasonable physician fee, as defined in Section 1300.71(a)(3)(B) of Title 28 of the California Code of Regulations.
(d) No other credit or deduction shall be allowed by this part for any amount for which a credit is claimed under this section.
(e) The facility in which the services were rendered, as described in subdivision (f) of Section 1797.98e of the Health and Safety Code, shall provide documentation to the physician and surgeon regarding the value of services provided, as prescribed by this section.
(f) To receive a tax credit, a physician and surgeon shall submit his or her claim for emergency medical services provided to a patient, who did not make a payment for services and for whom a responsible third party did not make a payment.
(g) If the credit allowed by this section exceeds the “net tax” for the taxable year, the excess may be carried over to reduce the “net tax” for the succeeding eight taxable years, or until the credit has been exhausted, whichever occurs first.
(h) This section shall remain in effect only until December 1, 2017, and as of that date is repealed. However, any unused credit may continue to be carried forward, as provided in subdivision (g).
SEC. 2.
 This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.