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AB-2980 Income taxes: alimony deduction.(2001-2002)

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AB2980:v98#DOCUMENT

Amended  IN  Assembly  April 29, 2002

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 2980


Introduced  by Committee on Revenue and Taxation  (Chavez (Chair), Wyland (Vice Chair), Alquist, Aroner, Harman, and Matthews)
(Coauthor(s): Assembly Member Corbett, Koretz)

February 27, 2002


An act to amend Section 18001 of, and to repeal and add Section 17302 of, the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.


LEGISLATIVE COUNSEL'S DIGEST


AB 2980, as amended, Committee on Revenue and Taxation. Income taxes: alimony deduction.
The Personal Income Tax Law provides a credit against the taxes imposed by that law to residents for specified taxes paid to another state on income derived from sources within that state.
This bill would provide that income derived from sources within that state shall be determined by applying specified nonresident sourcing rules.
The Personal Income Tax Law provides that the deduction relating to alimony payments shall not be subtracted from California gross income by a nonresident or part-year resident for the portion of the year during which they were a nonresident.
This bill would specify that the deduction shall be allowed in computing taxable income in accordance with a specified ratio.
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 Section 17302 of the Revenue and Taxation Code is repealed.

SEC. 2.

 Section 17302 is added to the Revenue and Taxation Code, to read:

17302.
 In the case of a nonresident or part-year resident, the deduction provided by Section 215 of the Internal Revenue Code, relating to alimony payments, shall be allowed in computing “taxable income of a nonresident or part-year resident” in the ratio, not to exceed 1.00, that California adjusted gross income (as defined in Section 17301.3), computed without regard to the alimony deduction, bears to total adjusted gross income (as defined in Section 17301.4), computed without regard to the alimony deduction.

SEC. 3.

 Section 18001 of the Revenue and Taxation Code is amended to read:

18001.
 (a) Subject to the following conditions, residents shall be allowed a credit against the “net tax” (as defined by Section 17039) for net income taxes imposed by and paid to another state (not including any preference, alternative, or minimum tax comparable to the tax imposed by Section 17062) on income taxable under this part:
(1) The credit shall be allowed only for taxes paid to the other state (not including any preference, alternative, or minimum tax comparable to the tax imposed by Section 17062) on income derived from sources within that state which is taxable under its laws irrespective of the residence or domicile of the recipient.
This paragraph shall not apply to residents to whom subdivision (b) of Section 17014 applies.
(2) The credit shall not be allowed if the other state allows residents of this state a credit against the taxes imposed by that state (not including any preference, alternative, or minimum tax comparable to the tax imposed by Section 17062) for “net tax” (as defined by Section 17039) paid or payable under this part.
(3) The credit shall not exceed such the proportion of the “net tax” (as defined by Section 17039) payable under this part as the income subject to tax in the other state (not including any preference, alternative, or minimum tax comparable to the tax imposed by Section 17062) and also taxable under this part bears to the taxpayer’s entire income upon which the “net tax” (as defined by Section 17039) is imposed by this part.
(4) No credit shall be allowed under this section for any tax imposed by Section 17062.
(b) For purposes of this section, the amount of “net income taxes” paid to another state shall include the taxpayer’s pro rata share of any taxes on, or according to, or measured by, income or profits paid or accrued, which were paid by an S corporation, as provided by Section 18006.
(c) For purposes of this section, “income derived from sources within that state” shall be determined by applying the nonresident sourcing rules for determining income from sources within this state, as specified in Chapter 11 (commencing with Section 17951), and the regulations thereunder.

SEC. 4.

 This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.