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AB-978 Personal income taxes: credit for taxes paid.(2019-2020)

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Date Published: 04/22/2019 09:00 PM
AB978:v98#DOCUMENT

Amended  IN  Assembly  April 22, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 978


Introduced by Assembly Member Petrie-Norris

February 21, 2019


An act to amend Section 18001 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.


LEGISLATIVE COUNSEL'S DIGEST


AB 978, as amended, Petrie-Norris. Personal income taxes: credit for taxes paid.
The Personal Income Tax Law allows a credit against the net tax imposed by that law to residents for net income taxes paid to another state on income derived from sources within that state.
This bill bill, for taxable years beginning on or after January 1, 2020, and before January 1, 2025, would provide that the determination of whether taxes paid to another state are net income taxes shall be determined by reference to the actual method used used, as defined, to calculate the taxes paid by the taxpayer and without regard to the method used by other taxpayers. other methods allowed by the other state. The bill would require the Franchise Tax Board to provide the Legislature with a biannual report regarding the credit, as provided.
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 18001 of the Revenue and Taxation Code is amended to read:

18001.
 (a) Subject to the following conditions, residents shall be allowed a credit against the “net tax” (as defined by Section 17039) for net income taxes imposed by and paid to another state (not including any preference, alternative, or minimum tax comparable to the tax imposed by Section 17062) on income taxable under this part:
(1) The credit shall be allowed only for taxes paid to the other state (not including any preference, alternative, or minimum tax comparable to the tax imposed by Section 17062) on income derived from sources within that state which is taxable under its laws irrespective of the residence or domicile of the recipient.
This paragraph shall not apply to residents to whom subdivision (b) of Section 17014 applies.
(2) The credit shall not be allowed if the other state allows residents of this state a credit against the taxes imposed by that state (not including any preference, alternative, or minimum tax comparable to the tax imposed by Section 17062) for “net tax” (as defined by Section 17039) paid or payable under this part.
(3) The credit shall not exceed the proportion of the “net tax” (as defined by Section 17039) payable under this part as the income subject to tax in the other state (not including any preference, alternative, or minimum tax comparable to the tax imposed by Section 17062) and also taxable under this part bears to the taxpayer’s entire income upon which the “net tax” (as defined by Section 17039) is imposed by this part.
(4) No credit shall be allowed under this section for any tax imposed by Section 17062.
(b) For purposes of this section:
(1) The amount of “net income taxes” paid to another state shall include the taxpayer’s pro rata share of any taxes on, or according to, or measured by, income or profits paid or accrued, which were paid by an S corporation, as provided by Section 18006.
(2) (A) Whether taxes paid to another state are net income taxes shall be determined by reference to the actual method used to calculate the taxes paid by the taxpayer and without regard to the method used by other taxpayers. other methods allowed by the other state.
(B) For purposes of this paragraph, “actual method used” shall mean the method used by the taxpayer to determine the amount of tax paid to the other state for the taxable year, provided the method is consistent with the laws of the other state.
(C) This paragraph shall be operative for taxable years beginning on or after January 1, 2020, and before January 1, 2025.
(c) For purposes of this section, “income derived from sources within that state” shall be determined by applying the nonresident sourcing rules for determining income from sources within this state, as specified in Chapter 11 (commencing with Section 17951), and the regulations thereunder.
(d) In accordance with Section 41, the credit allowed by this section is provided to alleviate the instances of double taxation on residents. The Franchise Tax Board shall provide a report to the Legislature with the amount of credit claimed for each state by taxable year pursuant to this section for 2009 to 2015, inclusive, for 2016 to 2019, inclusive, and biannually thereafter from 2020 and beyond. The report required by this subdivision shall be submitted pursuant to Section 9795 of the Government Code.

SEC. 2.

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