Today's Law As Amended


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AB-1865 Personal income taxes: exclusion: homeownership savings accounts.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 17141.7 is added to the Revenue and Taxation Code, to read:

17141.7.
 (a) For each taxable year beginning on or after January 1, 2025, and before January 1, 2030, gross income does not include the following:
(1) Any amount accruing to a first-time homeownership savings account whose beneficiary is a qualified taxpayer.
(2) Any amount withdrawn from a first-time homeownership savings account that is used to pay for the qualified homeownership savings expenses of a qualified taxpayer who established the account.
(b) For purposes of this section, the following definitions shall apply:
(1) “First-time homeownership savings account” means an account with a financial institution that meets all of the following requirements:
(A) Is designated as a first-time homeownership savings account by the accountholder.
(B) Is established by a qualified taxpayer, or by qualified taxpayers who are spouses, for the exclusive benefit of a qualified taxpayer establishing the account.
(C) 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.
(D) Is the only first-time homeownership savings account established by the qualified taxpayer.
(2) “Principal residence” has the same meaning as that term is used in Section 121 of the Internal Revenue Code.
(3) “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 first-time homeownership savings account.
(4) “Qualified taxpayer” means an individual, or individual’s spouse, who had no present ownership interest in a principal residence during the preceding three-year period ending either on the date of the individual’s, or individual’s spouse’s, contribution to a first-time homeownership savings account or on the date of the individual’s, or individual’s spouse’s, purchase of the principal residence for which any amount is withdrawn from the first-time homeownership savings account.
(c) Any amount withdrawn from a first-time 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) (1) For purposes of complying with Section 41, as it applies to the exclusion provided by this section, the Legislature finds and declares as follows:
(A) The specific goal, purpose, and objective of the exclusion is to provide assistance to those seeking to save to buy a home. Home ownership is the key to a strong and healthy California but there is little state and federal assistance for first-time home buyers.
(B) The performance indicators for the Legislature to use in determining whether the exclusion achieves its stated goal shall be the following:
(i) The number of taxpayers excluding income pursuant to this section.
(ii) The average amount of the income excluded.
(2) (A) By May 1, 2027, and annually thereafter, the Franchise Tax Board shall submit a written report, in compliance with Section 9795 of the Government Code, to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Revenue and Taxation, and the Assembly Committee on Revenue and Taxation. The report shall detail, to the extent the information is available, the number of taxpayers excluding income pursuant to this section and the average amount of income excluded.
(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542.
(e) This section shall remain in effect only until December 1, 2030, and as of that date is repealed.
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.