17139.4.
(a) For taxable years beginning on or after January 1, 2023, and before January 1, 2033, gross income does not include any qualified amount received by a qualified taxpayer.(b) For purposes of this section, the following definitions shall apply:
(1) “Qualified amount” means any amount received from a settlement entity by a qualified taxpayer to replace property damaged or destroyed by a natural disaster that was declared a state of emergency by both the Governor and the President of the United States.
(2) “Qualified taxpayer” means any of the following:
(A) Any taxpayer that owns real property located in an area damaged by a natural disaster who paid or incurred expenses, and received amounts from a settlement entity, arising out of or pursuant to the natural disaster.
(B) Any taxpayer that resides within an area damaged by a natural disaster who paid or incurred expenses, and received amounts from a settlement entity, arising out of or pursuant to the natural disaster.
(C) Any taxpayer that has a place of business within an area damaged by a natural disaster who paid or incurred expenses, and received amounts from a settlement entity, arising out of or pursuant to the natural disaster.
(3) “Settlement entity” means the entity, approved by a class action settlement administrator, making the settlement payment to a qualified taxpayer.
(c) The settlement entity shall provide, upon request by the Franchise Tax Board or the qualified taxpayer, documentation of the settlement payments in the form and manner requested by the Franchise Tax Board or the qualified taxpayer, who may provide the documentation to the Franchise Tax Board upon request.
(d) (1) For the purpose of complying with Section 41 in regards to the exclusion provided by this section and Section 24309.8, the Legislature finds and declares the following:
(A) The specific goal, purpose, and objective of the exclusion is to provide essential relief to individuals who have suffered injury, loss, inconvenience, and expenses resulting from natural disasters.
(B) The performance indicators for the Legislature to use in determining whether the exclusion achieves the stated goal, purpose, and objective shall be the number of taxpayers that excluded qualified amounts from gross income.
(2) (A) On December 1, 2028, and every five years thereafter, the Franchise Tax Board shall deliver to the Legislature a written report that includes, to the extent feasible, the number of taxpayers that excluded qualified amounts from gross income as a result of the exclusion.
(B) The report required by this paragraph shall be delivered to the Legislature in compliance with Section 9795 of the Government Code.
(C) The disclosure provisions of this subdivision shall be treated as an exception to Section 19542.
(e) This section shall remain in effect only until December 1, 2033, and as of that date is repealed.