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AB-2952 Personal income tax: exemption: spouse of a member of the Armed Forces.(2003-2004)

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Amended  IN  Assembly  May 24, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 2952

Introduced  by  Assembly Member Mountjoy
 (Coauthor(s): Assembly Member Dutton, Harman, La Malfa, Runner)
 (Coauthor(s): Senator Knight, Morrow)

February 20, 2004

An act to add Section 17132.4 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.


LEGISLATIVE COUNSEL'S DIGEST


AB 2952, as amended, Mountjoy. Personal income tax: exemption: spouse of a member of the Armed Forces.
The Personal Income Tax Law imposes a tax on individual taxpayers measured by the amount of the taxpayer’s taxable income for the taxable year, but exempts certain items of income from that tax.
This bill would, for taxable years beginning on or after January 1, 2004, exempt the first $50,000 of income of a qualified surviving spouse of a member of the Armed Forces of the United States from the personal income tax for the taxable year in which that member, while in active service, dies as a result of a military, combat, or terrorist action, and for each of the 3 following taxable years.
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.

 Section 17132.4 is added to the Revenue and Taxation Code, to read:

17132.4.
 (a) For taxable years a qualified taxable year beginning on or after January 1, 2004, any tax imposed by this part does not apply to any the first fifty thousand dollars ($50,000) of income of a qualified surviving spouse of a member of the Armed Forces.
(b) For purposes of this section, a “qualified surviving spouse of a member of the Armed Forces” means a taxpayer who satisfies all of the following:
(1) The taxpayer’s spouse was a member of the Armed Forces of the United States.
(2) The taxpayer’s spouse, while in active service, died under the circumstances described in Section 692 of the Internal Revenue Code during a taxable year of the taxpayer or during any of the taxpayer’s three taxable years immediately preceding the taxable year. taxpayer.
(3) The taxpayer has not remarried at any time before the close of the taxable year.
(c) For purposes of this section, “qualified taxable year” means the taxable year of a qualified surviving spouse of a member of the Armed Forces in which the taxpayer’s spouse died as described in paragraph (2) of subdivision (b).

SEC. 2.

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