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AB-54 Personal income taxes: deductions: security fence: security alarm system: security surveillance system. (2017-2018)

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Date Published: 04/03/2017 09:00 PM
AB54:v98#DOCUMENT

Amended  IN  Assembly  April 03, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 54


Introduced by Assembly Member Steinorth

December 05, 2016


An act to add and repeal Section 17210 to of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.


LEGISLATIVE COUNSEL'S DIGEST


AB 54, as amended, Steinorth. Personal income taxes: deductions: security fence: security alarm system: security surveillance system.
The Personal Income Tax Law, in modified conformity with federal income tax laws, allows various deductions in computing the income that is subject to the taxes imposed by that law, including miscellaneous itemized deductions that are allowed only to the extent that the aggregate amount of those deductions exceeds 2% of adjusted gross income.
This bill, upon appropriation of specified funds by the Legislature, on and after January 1, 2017, and before January 1, 2022, would allow as a deduction under that law for the amount paid or incurred by a taxpayer during the taxable year, not to exceed $500, for any security fence, security alarm system, and security surveillance system that is purchased and installed at a qualified residence located in this state, as specified.
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 17210 is added to the Revenue and Taxation Code, to read:

17210.
 (a) On and after January 1, 2017, and before January 1, 2022, there shall be allowed as a deduction the amount paid or incurred by a taxpayer during the taxable year, not to exceed five hundred dollars ($500), for any of the following that is purchased and installed at a qualified residence located in this state:
(1) A security fence.
(2) A security alarm system.
(3) A security surveillance system.
(b) For purposes of this section, all of the following definitions shall apply:
(1) “Qualified residence” has the same meaning as set forth in Section 163(h)(4)(A) of the Internal Revenue Code, relating to qualified residence.
(2) “Security alarm system” means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond that is installed, maintained, altered, sold on premises, monitored, serviced, or responded to by an alarm company operator licensed under the Alarm Company Act (Chapter 11.6 (commencing with Section 7590) of Division 3 of the Business and Professions Code) or an alarm agent registered under the Alarm Company Act (Chapter 11.6 (commencing with Section 7590) of Division 3 of the Business and Professions Code).
(3) “Security fence” means a barrier, railing, or other upright structure, made of any material, enclosing an area of ground to control or prevent unauthorized access to the front of the qualified residence. “Security fence” does not include a barrier, railing, or other upright structure enclosing an area of ground to control or prevent unauthorized access to the back of the qualified residence or to mark boundaries.
(4) “Security surveillance system” means an assembly of any combination of video, audio, or photographic recording devices installed for the purposes of surveillance or recording of activity occurring at the qualified residence.
(c) 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.
(d) This section shall remain in effect only until December 1, 2022, 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.