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AB-688 Enforcement of money judgments: exemptions. (2017-2018)

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Date Published: 03/24/2017 04:00 AM
AB688:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 688


Introduced by Assembly Member Calderon

February 15, 2017


An act to amend Section 6010.5 of the Revenue and Taxation Code, relating to taxation. add Section 704.205 to the Code of Civil Procedure, relating to civil actions.


LEGISLATIVE COUNSEL'S DIGEST


AB 688, as amended, Calderon. Sales and use tax: place of sale. Enforcement of money judgments: exemptions.
Under existing law, certain property is exempted from enforcement of money judgments, including benefits from a disability or health insurance policy or program.
Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), encourages and assists individuals and families to save private funds in a tax-advantaged savings account for the purpose of supporting persons with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a beneficiary of a qualified ABLE program established and maintained by a state, as specified. Existing law establishes the Qualified ABLE Program, administered by the California ABLE Act Board, in this state for purposes of implementing the federal ABLE Act.
This bill would also exempt all amounts held in an ABLE account from enforcement of money judgments.

Existing state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state of, or on the storage, use, or other consumption in this state of, tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Existing law, for the purposes of sales and use taxes, provides that the place of the sale or purchase of tangible personal property is the place where the property is physically located at the time the act constituting the sale or purchase, as defined, takes place.

This bill would make a nonsubstantive change to this provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 704.205 is added to the Code of Civil Procedure, to read:

704.205.
 All amounts held in an ABLE account, established pursuant to Chapter 15 (commencing with Section 4875) of Division 4.5 of the Welfare and Institutions Code, are exempt without making a claim.

SECTION 1.Section 6010.5 of the Revenue and Taxation Code is amended to read:
6010.5.

For the purposes of this part, the place of the sale or purchase of tangible personal property is the place where the property is physically located when the act constituting the sale or purchase, as defined in this part, takes place.