17053.44.
(a) (1) For taxable years beginning on or after January 1, 2014 2015, and before January 1, 2019 2020, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined by Section 17039, in an amount as determined by paragraph (2), of the qualified taxpayer’s student loans.(2)The
amount of the credit allowed by this section shall be the lesser of the following:
(A)One-third of the balance due on the qualified taxpayer’s student loans as of January 1 of the taxable year in which the credit is allowed.
(B)The total balance due on the qualified taxpayer’s student loans as of January 1 of the taxable year in which the credit is allowed minus the total amount of credit allowed in previous taxable years pursuant to this section.
(2) The amount of the student loan
payments made by the qualified taxpayer during the taxable year, not to exceed one-third of the remaining balance of the qualified taxpayer’s student loan as of January 1 of the taxable year in which the credit is allowed.
(3) A credit may be allowed pursuant to this section for five consecutive taxable years.
(b) For purposes of this section:
(1) “Full-time” “Full time” means at least 20 hours per week on average for 180 days for the first taxable year in which a credit is allowed pursuant to this section, and at least 20 hours per week on average for
at least 10 months in subsequent taxable years.
(2) “Qualified taxpayer” means an individual who meets all of the following conditions:
(A) Is a dentist, physician, physician assistant, or advanced practice nurse who is licensed or certified to practice within California.
(B) Resides and practices full-time in a rural health care professional shortage area and has committed to residing and practicing in that area for at least three years and up to five years pursuant to an agreement between him or her and the State Department of Health Care Services.
(C) Is a borrower on student loans under a recognized loan program used by him or her for higher education
opportunities resulting in a
graduate or professional degree that enables him or her to be licensed or certified as a health care professional in this state.
(3) “Rural health “Health care professional shortage area” means any area of the state that is not a metropolitan statistical area as described in the publication “State and Metropolitan Area Data Book,” 2010, published by the United States Census Bureau and
that is located 30 or more miles from the nearest hospital containing 30 or more licensed beds or is a medically underserved area, as defined in Section 128552 of the Health and Safety Code.
(4) “Student loan” means a student obligation note or other debt evidencing a loan to any individual for higher education purposes or for the purpose of consolidating or refinancing a loan for higher education purposes, which is either a guaranteed student loan, an educational loan, or a loan eligible for consolidation or refinancing under Part B of Title IV of the Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.).
(c) A credit shall be allowed pursuant to this section only for those
taxable years in which:
(1) The qualified taxpayer is not delinquent on his or her student loan payments.
(2) The qualified taxpayer resides and practices in a rural health care professional shortage area pursuant to an agreement with the State Department of Health Care Services.
(3) The qualified taxpayer’s student loan has an outstanding balance for at least a part of the taxable year.
(d)If the qualified taxpayer does not reside and practice within a rural health care professional shortage area during the period in which he or she was committed to reside and practice in that area or pays his or her student loan in full by means of any other loan repayment program, any remaining unapplied credit shall be canceled and any previously applied credit for the taxable year in which the move occurred, in which the practice ended, or in which the loan was paid in full shall be recaptured, and the qualified taxpayer shall be liable for any increase in tax attributable to the recapture of any credit previously allowed under this section.
(d) If the qualified taxpayer ceases to reside and practice in the health care professional shortage area, or his or her student loan is paid in full by means of any other loan repayment program, the tax imposed by this part for the taxable year in which that cessation occurs shall be increased by an amount equal to the credit allowed under this section that was applied to reduce tax otherwise payable under this part by the qualified taxpayer. Additionally, any unused credit carried over by the qualified taxpayer shall be forfeited.
(e) (1) In the case where the credit allowed under this section exceeds the
“tax,” the excess credit may be carried over to reduce the “tax” in the following taxable year, and succeeding five taxable years, if necessary, until the credit has been exhausted.
(2) The credit allowed by this section is in lieu of any other deduction or credit which the qualified taxpayer may otherwise claim pursuant to this part with respect to the same item of expense.
(f) The State Department of Health Care Services and the Franchise Tax Board shall promulgate rules and regulations as necessary or appropriate to implement this section.
(g) This section shall remain in effect only until December 1, 2019
2020, and as of that date is repealed.