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AB-2932 Corporation Tax Law: credit: employment.(2017-2018)

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Date Published: 05/14/2018 09:00 PM
AB2932:v97#DOCUMENT

Amended  IN  Assembly  May 14, 2018
Amended  IN  Assembly  March 20, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2932


Introduced by Assembly Member Choi

February 16, 2018


An act to add and repeal Section 23648 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.


LEGISLATIVE COUNSEL'S DIGEST


AB 2932, as amended, Choi. Corporation Tax Law: credit: employment.
The Corporation Tax Law allows various credits against the taxes imposed by that law. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements.
This bill, upon appropriation of specified funds by the Legislature, for each taxable year beginning on and after January 1, 2019, and before January 1, 2026, 2024, unless the annual budget act lacks a specific appropriation of funds to reimburse the Franchise Tax Board for administrative costs, would allow a credit against the taxes imposed under that law to a qualified taxpayer, as defined to mean a taxpayer that increases its workforce by 20 annual full-time equivalent qualified employees, as compared to the taxpayer’s base year, in an amount equal to 17.5% of qualified wages paid or incurred during the taxable year to a qualified employee, not to exceed $5,000,000 per qualified taxpayer per taxable year. The bill would limit the credit to the first 5 consecutive, taxable years after a qualified taxpayer first qualifies to receive the credit, subject to specified requirements. The bill would limit the aggregate amount of credits to be allocated in each calendar year to up to $50,000,000 plus the unused allocation credit amount, if any, for the preceding calendar year. The bill would require the Franchise Tax Board to allocate and certify credits to taxpayers on a first-come-first-served basis. The bill also would include that additional information required for any bill authorizing a new income tax credit.
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 23648 is added to the Revenue and Taxation Code, to read:

23648.
 (a) For each taxable year beginning on or after January 1, 2019, and before January 1, 2026, 2024, there shall be allowed as a credit against the “tax,” as defined in Section 23036, to a qualified taxpayer, an amount equal to 17.5 percent of qualified wages paid or incurred during the taxable year to a qualified employee, not to exceed five million dollars ($5,000,000) per qualified taxpayer per taxable year.
(b) For purposes of this section:
(1) “Annual full-time equivalent” means either of the following:
(A) In the case of a qualified employee paid hourly qualified wages, “annual full-time equivalent” means the total number of hours worked for the qualified taxpayer by the qualified employee, not to exceed 2,000 hours per employee, divided by 2,000.
(B) In the case of a salaried qualified employee, “annual full-time equivalent” means the total number of weeks worked for the qualified taxpayer by the qualified employee divided by 52.
(2) “Base year” means the 2019 taxable year in the case of a qualified taxpayer engaged in business in this state before January 1, 2019, or, in the case of a qualified taxpayer that first engages in business in this state on or after January 1, 2019, the first taxable year in which they engage in business in this state.
(3) “Qualified employee” means an employee who was not previously employed by the qualified taxpayer.
(4) (A) “Qualified taxpayer” means a taxpayer that meets both of the following requirements:
(i) The taxpayer employs over 20 employees during the taxpayer’s base year.
(ii) The taxpayer increases the workforce of the trade or business engaged in by the taxpayer by 20 annual full-time equivalent qualified employees during the taxable year as compared to the number of employees employed by the taxpayer as of the last day of the taxpayer’s base year.
(B) A qualified taxpayer shall not include a sexually oriented business, as described in clause (v) of subparagraph (C) of paragraph (11) of subdivision (b) of Section 17053.73.
(5) “Qualified wages” means wages subject to withholding under Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.
(c) (1) This credit shall only be allowed to a qualified taxpayer for five consecutive taxable years, beginning with the first taxable year that the qualified taxpayer increases the workforce of the trade or business engaged in by the qualified taxpayer by 20 annual full-time equivalent qualified employees as compared to the number of employees employed by the qualified taxpayer in the taxpayer’s base year, as tallied at the end tallied as of the last day of the taxpayer’s taxable year.
(2) The credit shall not be allowed in any taxable year occurring within the five consecutive taxable years in which the employee increase, as compared to the number of employees employed by the qualified taxpayer in the qualified taxpayer’s base year, is not maintained.
(d) (1) For purposes of this section:
(A) All employees of the trades or businesses that are treated as related under Section 267, 318, or 707 of the Internal Revenue Code shall be treated as employed by a single qualified taxpayer.
(B) All employees of all corporations that are members of the same controlled group of corporations shall be treated as employed by a single qualified taxpayer.
(C) The credit, if any, allowable by this section to each member shall be determined by reference to its proportionate share of the expense of the qualified wages giving rise to the credit, and shall be allocated in that manner.
(D) If a qualified taxpayer acquires the major portion of a trade or business of another taxpayer, hereinafter in this paragraph referred to as the predecessor, or the major portion of a separate unit of a trade or business of a predecessor, then, for purposes of applying this section for any taxable year ending after that acquisition, the employment relationship between an annual full-time equivalent qualified employee and a qualified taxpayer shall not be treated as terminated if the employee continues to be employed in that trade or business.
(2) For purposes of this subdivision, “controlled group of corporations” means a controlled group of corporations as defined in Section 1563(a) of the Internal Revenue Code, except that:
(A) “More than 50 percent” shall be substituted for “at least 80 percent” each place it appears in Section 1563(a)(1) of the Internal Revenue Code.
(B) The determination shall be made without regard to subsections (a)(4) and (e)(3)(C) of Section 1563 of the Internal Revenue Code.
(e) The aggregate amount of credits that may be allocated pursuant to this section shall be an amount equal to the sum of the following:
(1) Fifty million dollars ($50,000,000) in credits for each calendar year.
(2) The unused allocation credit amount, if any, for the preceding calendar year.
(f) For the purposes of this section, the Franchise Tax Board shall do both of the following:
(1) On or after January 1, 2019, and before January 1, 2026, 2024, allocate and certify tax credits to qualified taxpayers on a first-come-first-served basis by determining and designating applicants who meet the requirements of this section.
(2) Once the credits allocated exceed the limit established in subdivision (d), (e), the Franchise Tax Board shall cease to allocate and certify tax credits to qualified taxpayers.
(g) In the case where the credit allowed by this section exceeds the “tax,” the credit may be carried over to reduce the “tax” in the following taxable year, and the succeeding six years if necessary, until the credit is exhausted.
(h) A deduction or credit otherwise allowed under this part for any amount paid or incurred by the qualified taxpayer upon which the credit is based shall not be reduced by the amount of the credit allowed by this section.
(i) A credit allowed by this section shall be claimed on a timely filed original return.
(j) (1) The Franchise Tax Board may adopt regulations as necessary or appropriate to carry out the purposes of this section, including any regulations necessary to clarify whether a taxpayer meets the requirements for being properly treated as a qualified taxpayer under this section.
(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.

(k)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.

(k) Notwithstanding subdivision (a), this section shall not apply for taxable years where the annual budget act lacks a specific appropriation of funds to reimburse the Franchise Tax Board for its costs of administering this section with respect to that taxable year.
(l)  This section shall remain in effect only until December 1, 2026, 2024, and as of that date is repealed.

SEC. 2.

 For the purposes of complying with Section 41 of the Revenue and Taxation Code, the Legislature finds and declares as follows:
(a) Specific goals, purposes, and objectives:
(1) Increase the number of businesses located in California.
(2) Increase state revenue.
(3) Increase the number of jobs available for Californians.
(4) Decrease statewide unemployment.
(b) Performance indicators:
(1) The number of businesses that locate to California and receive the credit.
(2) A decrease in the unemployment rate.
(3) The number of jobs created by businesses that receive the credit.
(c) Data collection requirements and baseline measurements:
(1) The baseline measures include:
(A) State level of unemployment at the time the credits become available.
(B) The average number of business that located to California in the five years prior to the credit being available.
(2) Data to collect includes:
(A) The number of businesses that qualify for the credit.
(B) How many jobs qualified taxpayers create.
(C) The total amount of salaries paid that qualify for the credit.
(D) How long a qualified taxpayer remains in California.
(E) The total amount of qualified wages paid and the income generated to the state from those wages.

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.