Bill Text


PDF |Add To My Favorites |Track Bill | print page

AB-952 Income taxes: passive activities: forest management costs.(2021-2022)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/17/2021 09:00 PM
AB952:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 952


Introduced by Assembly Member Mathis

February 17, 2021


An act to amend Section 17561 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.


LEGISLATIVE COUNSEL'S DIGEST


AB 952, as introduced, Mathis. Income taxes: passive activities: forest management costs.
The Personal Income Tax Law, in modified conformity with federal law, generally disallows passive activity loss and passive activity credits for any taxable year in computing taxable income. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements.
This bill, for taxable years beginning on or after January 1, 2021, would provide that the limitations on passive activity losses and credits do not apply to forest management costs, as defined, of up to $25,000, as provided. The bill would also state the intent of the Legislature to comply with the additional information requirement for any bill authorizing a new tax expenditure.
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 17561 of the Revenue and Taxation Code is amended to read:

17561.
 (a) Section 469(c)(7) of the Internal Revenue Code, relating to special rules for taxpayers in real property business, shall not apply.
(b) Section 469(d)(2) of the Internal Revenue Code, relating to passive activity credits, is modified to refer to the following credits:
(1) The credit for research expenses allowed by Section 17052.12.
(2) The credit for certain wages paid (targeted jobs) allowed by Section 17053.7.
(3) The credit allowed by former Section 17057 (relating to clinical testing expenses).
(4) The credit for low-income housing allowed by Section 17058.
(c) Section 469(g)(1)(A) of the Internal Revenue Code is modified to provide that if all gain or loss realized on the disposition of the taxpayer’s entire interest in any passive activity (or former passive activity) is recognized, the excess of—
(1) The sum of—
(A) Any loss from that activity for that taxable year (determined after application of Section 469(b) of the Internal Revenue Code), plus
(B) Any loss realized on that disposition, over
(2) Net income or gain for the taxable year from all passive activities (determined without regard to losses described in paragraph (1)),
shall be treated as a loss which is not from a passive activity.
(d) (1) For purposes of applying the provisions of Section 469(i) of the Internal Revenue Code, relating to the twenty-five thousand dollars ($25,000) offset for rental real estate activities, the dollar limitation specified in Section 469(i)(2) of the Internal Revenue Code, relating to dollar limitation, for the credit allowed under Section 17058, relating to low-income housing, shall not apply.
(2) The amendments made to this subdivision by the act adding this paragraph shall apply to each taxable year beginning on or after January 1, 2020.
(e) Section 502 of the Tax Reform Act of 1986 (P.L. 99-514) shall apply.
(f) For taxable years beginning on or after January 1, 1987, the provisions of Section 10212 of Public Law 100-203, relating to treatment of publicly traded partnerships under Section 469 of the Internal Revenue Code, shall be applicable.
(g) (1) For taxable years beginning on or after January 1, 2021, Section 469(a) of the Internal Revenue Code, relating to limitations on passive activity losses and credits, shall not apply to forest management costs of up to twenty-five thousand dollars ($25,000) per taxable year.
(2) For purposes of this subdivision, all of the following definitions shall apply:
(A) “Forest management costs” means cost paid or incurred by a qualified taxpayer during the taxable year for the preparation of a forest management plan in conjunction with a qualified forest management project.
(B) “Qualified forest management project” means a forest management project that satisfies all of the following:
(i) Is approved by CAL FIRE.
(ii) Is at least five acres in size, except within a wildland-urban interface area.
(iii) Is any of the following:
(I) Site preparation, reforestation, and followup treatment of competing vegetation for up to 36 months following tree planting.
(II) Treatment of competing vegetation, including, but not limited to, hardwoods and brush, to reduce fire hazard in areas classified as high-hazard zones on CAL FIRE maps.
(III) Thinning of hardwoods and conifer trees to increase forest stand carbon sequestration or to reduce fire hazard, or both.
(IV) Followup vegetation treatment within 10 years of an initial project to maintain previously completed qualified projects.
(V) Improvements to enhance wildlife habitat or to repair adverse legacy road conditions subject to approval and concurrence by CAL FIRE, the Department of Fish and Wildlife, or a regional water quality control board, depending upon the nature of the project.
(VI) Costs associated with wildlife or botanical surveys, or both, for a timber harvesting plan, nonindustrial timber management plan, or a working forest management plan required to protect candidate or listed species.
(C) “Qualified taxpayer” means a taxpayer that owns 5,000 acres or less of nonindustrial forest land.
(3) In the case of a qualified taxpayer, the twenty-five-thousand dollar ($25,000) amount specified in paragraph (1) shall be reduced, but not below zero, by 50 percent of the amount by which the adjusted gross income of the qualified taxpayer for the taxable year exceeds two hundred thousand dollars ($200,000).

SEC. 2.

 It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code.

SEC. 3.

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