Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

AB-53 Personal income taxes: deduction: homeownership savings accounts.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 05/16/2017 04:00 AM
AB53:v97#DOCUMENT

Amended  IN  Assembly  May 15, 2017
Amended  IN  Assembly  April 06, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 53


Introduced by Assembly Member Steinorth
(Coauthors: Assembly Members Baker, Bigelow, Brough, Chávez, Cunningham, Gallagher, Harper, Lackey, Mathis, Mullin, Patterson, Voepel, and Waldron)
(Coauthors: Senators Anderson, Berryhill, Morrell, and Nielsen)

December 05, 2016


An act to add Sections 17141.5 and 17204.5 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.


LEGISLATIVE COUNSEL'S DIGEST


AB 53, as amended, Steinorth. Personal income taxes: deduction: homeownership savings accounts.
The Personal Income Tax Law, in modified conformity with federal income tax laws, allows various exclusions from gross income, and allows various deductions in computing the income that is subject to the taxes imposed by that law, including miscellaneous itemized deductions that are allowed only to the extent that the aggregate amount of those deductions exceeds 2% of adjusted gross income.
This bill, upon appropriation of specified funds by the Legislature, for taxable years beginning on and after January 1, 2017, and before January 1, 2019, would allow a deduction, not to exceed specified amounts, of the amount a qualified taxpayer, as defined, contributed in any taxable year to a homeownership savings account and would exclude from gross income any income earned on the moneys contributed to a homeownership savings account. The bill would provide that a qualified taxpayer may withdraw amounts from a homeownership savings account to pay for qualified homeownership savings expenses, defined as expenses paid or incurred in connection with the purchase of a principal residence in this state. The bill would provide that any amount withdrawn from that account that is not used for these expenses would be included as income for that taxpayer. The bill would define various terms for its purposes.
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 17141.5 is added to the Revenue and Taxation Code, to read:

17141.5.
 (a) For each taxable year beginning on or after January 1, 2017, and before January 1, 2019, gross income does not include, under the same conditions as provided in Section 408 of the Internal Revenue Code, relating to individual retirement accounts, any income accruing during the taxable year to a homeownership savings account as defined in Section 17204.5.
(b) This section shall become operative on the effective date of any budget measure specifically appropriating funds to the Franchise Tax Board for its costs of administering this section and Section 17204.5.
(c) This section shall remain in effect only until December 1, 2019, and as of that date is repealed.

SEC. 2.

 Section 17204.5 is added to the Revenue and Taxation Code, to read:

17204.5.
 (a) For each taxable year beginning on or after January 1, 2017, and before January 1, 2019, there shall be allowed as a deduction an amount equal to the amount contributed by a qualified taxpayer during the taxable year to a homeownership savings account, not to exceed the amounts specified in subdivision (b).
(b) The deduction allowed under subdivision (a) shall not exceed the following amounts:
(1) Twenty thousand dollars ($20,000) Seven thousand dollars ($7,000) for qualified taxpayers filing a joint, head of household, or surviving spouse, as defined in Section 17046, return.
(2) Ten thousand dollars ($10,000) Three thousand five hundred dollars ($3,500) in the case of a qualified taxpayer filing a return other than as described in paragraph (1).
(c) Any amount withdrawn from a homeownership savings account shall be included in the income of the qualified taxpayer for the taxable year in which the payment or distribution is made, unless the payment or distribution is used to pay for the qualified homeownership savings expenses of a qualified taxpayer who established the account.
(d) For purposes of this section:
(1) “Homeownership savings account” means a trust that meets all of the following requirements:
(A) Is designated as a homeownership savings account by the trustee.
(B) Is established by a qualified taxpayer, or by qualified taxpayers who are spouses, for the exclusive benefit of any qualified taxpayer establishing the account where the written governing instrument creating the account provides for the following:
(i) All contributions to the account are required to be in cash.
(ii) The account is established to pay, pursuant to the requirements and limitations of this section, for the qualified homeownership savings expenses of a qualified taxpayer establishing the account.
(C) Is, except as otherwise required or authorized by this section, subject to the same requirements and limitations as an individual retirement account established under Section 408 of the Internal Revenue Code, relating to individual retirement accounts, and any regulations adopted thereunder.
(D) Is the only homeownership savings account established by the qualified taxpayer.
(2) “Qualified homeownership savings expenses” means expenses, including a downpayment or closing costs, paid or incurred in connection with the purchase of a qualified taxpayer’s principal residence within the meaning of Section 121 of the Internal Revenue Code, relating to exclusion of gain from sale of principal residence, in this state for use by that qualified taxpayer who established the homeownership savings account.
(3) “Qualified taxpayer” means any individual, or individual’s spouse, who has never had an ownership interest in a principal residence within the meaning of Section 121 of the Internal Revenue Code, relating to exclusion of gain from sale of principal residence, and whose gross income for the taxable year in which the account was created and any taxable year in which a contribution is made does not exceed 80 percent of the area median income.
(4) “Trustee” shall have the same meaning as that term has under Section 408 of the Internal Revenue Code, relating to individual retirement accounts, and any regulations adopted thereunder.
(e) This section shall become operative on the effective date of any budget measure specifically appropriating funds to the Franchise Tax Board for its costs of administering this section and Section 17141.5.
(f) This section shall remain in effect only until December 1, 2019, and as of that date is repealed.

SEC. 3.

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