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SB-93 Personal income tax: credit: virtual learning costs: dependent of the taxpayer.(2023-2024)

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Date Published: 03/16/2023 09:00 PM
SB93:v98#DOCUMENT

Amended  IN  Senate  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 93

Introduced by Senator Nguyen

January 18, 2023

An act relating to taxation. An act to add Section 17055.1 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.


LEGISLATIVE COUNSEL'S DIGEST


SB 93, as amended, Nguyen. Taxation. Personal income tax: credit: virtual learning costs: dependent of the taxpayer.
The Personal Income Tax Law allows various credits against the taxes imposed by that law.
This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2023, and before January 1, 2028, in an amount equal to 50% of the amount paid or incurred by a qualified taxpayer, as defined, during the taxable year for qualified costs, as defined, related to virtual learning for a qualified dependent, as defined, not to exceed $2,250 per qualified dependent for any taxable year.
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 would also state the intent of the Legislature to comply with the additional information requirement for any bill authorizing a new income tax expenditure.
This bill would take effect immediately as a tax levy.

Existing law provides for the imposition, calculation, and administration of various taxes, including, among others, the sales and use tax, the personal income tax, and the corporation income tax.

This bill would state the intent of the Legislature to enact legislation relating to taxation.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 17055.1 is added to the Revenue and Taxation Code, to read:

17055.1.
 (a) For each taxable year beginning on or after January 1, 2023, and before January 1, 2028, there shall be allowed as a credit against the “net tax,” as defined in Section 17039, an amount equal to 50 percent of the amount paid or incurred by a qualified taxpayer during the taxable year for qualified costs related to virtual learning for a qualified dependent. The credit shall not exceed two thousand two hundred fifty dollars ($2,250) per qualified dependent for any taxable year.
(b) For purposes of this section, all of the following shall apply:
(1) “Qualified costs” means costs directly related to the virtual learning for a qualified dependent, including all of the following:
(A) Tutoring services.
(B) Special needs services.
(C) Books and supplies.
(D) Computer equipment, including related software, internet services, and other equipment.
(2) “Qualified dependent” means a dependent of the qualified taxpayer who is an elementary or secondary school student.
(3) “Qualified taxpayer” means an individual whose adjusted gross income is either of the following:
(A) In the case of spouses filing a joint return, heads of household, and surviving spouses, as defined in Section 17046, one hundred fifty thousand dollars ($150,000) or less for that taxable year.
(B) For all other individuals, seventy-five thousand dollars ($75,000) or less for that taxable year.
(c) In the case where the credit allowed by this section exceeds the “net tax,” the excess may be carried over to reduce the “net tax” in the following taxable year, and succeeding six years if necessary, until the credit is exhausted.

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.
SECTION 1.

It is the intent of the Legislature to enact legislation relating to taxation.