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AB-121 Property taxation: postponement income limit.(2001-2002)



Current Version: 09/24/01 - Enrolled

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AB121:v97#DOCUMENT

Passed  IN  Assembly  June 07, 2001
Passed  IN  Senate  September 10, 2001
Corrected  September 24, 2001

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 121

Introduced  by  Assembly Member Leslie
 (Coauthor(s): Assembly Member Aanestad, Aroner, Bates, Bill Campbell, Cogdill, Cox, Florez, Hollingsworth, Koretz, Leach, Robert Pacheco, Pescetti, Richman, Runner, Simitian, Wyman)
 (Coauthor(s): Senator Alarcon, Costa, Dunn, Johannessen, Kuehl, McPherson, Morrow, Oller, Ortiz, Torlakson, Vasconcellos)

January 22, 2001

An act to amend Section 20585 of the Revenue and Taxation Code, relating to taxation.


LEGISLATIVE COUNSEL'S DIGEST


AB 121, Leslie. Property taxation: postponement income limit.
The Senior Citizens and Disabled Citizens Property Tax Postponement Law allows senior citizens and disabled persons to postpone their payment of ad valorem property taxes, special assessments, and fees and other charges, where household income, as defined, does not exceed either $34,000 or $24,000, as applicable.
This bill would, for the 2002 calendar year and each subsequent calendar year, and for approved fiscal years commencing within any of those calendar years, allow senior citizens and disabled persons to postpone the payment of ad valorem property taxes, special assessments, and fees and other charges, where household income, as defined, does not exceed $39,000. This bill would also provide for the annual adjustment of that household income amount for inflation, commencing with the 2003 calendar year and fiscal years commencing within that calendar year.

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


SECTION 1.

 Section 20585 of the Revenue and Taxation Code is amended to read:

20585.
 Postponement may not be allowed under this chapter or Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640) if household income exceeds the applicable of either of the following amounts:
(a) For the 1976 calendar year or for any approved fiscal year commencing within that calendar year, household income shall not exceed twenty thousand dollars ($20,000).
(b) For all subsequent calendar years and approved fiscal years, postponement may not be allowed under this chapter, Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640) if household income exceeds an amount determined as follows:
(1) On or before March 1 of each year, the California Department of Industrial Relations shall transmit to the Controller the percentages of increase in the California Consumer Price Index for all Urban Consumers and in the California Consumer Price Index for Urban Wage Earners and Clerical Workers of December of the prior calendar year over December of the preceding calendar year.
(2) The Controller shall compute an inflation adjustment factor by adding 100 percent to the larger of the California Consumer Price Index percentage increases furnished pursuant to paragraph (1).
(3) In 1978, the Franchise Tax Board shall multiply twenty thousand dollars ($20,000) by the inflation adjustment factor to determine the maximum allowable gross household income for the 1977 calendar year and for approved fiscal years commencing within that calendar year. In 1979 and subsequent calendar years through and including 1983, the Controller shall multiply the maximum allowable household income determined for the preceding calendar year by the inflation adjustment factor to determine the maximum allowable household income for the applicable calendar year and approved fiscal years commencing within that calendar year. In determining the maximum allowable household income pursuant to this section, the Controller shall round that amount to the nearest hundred dollar amount.
(c) For calendar year 1984 and subsequent calendar years and for approved fiscal years commencing within those calendar years, postponement shall not be allowed under this chapter, Chapter 3 (commencing with Section 20626), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640), if household income exceeds an amount determined as follows:
(1) For claimants who filed and qualified in the calendar year 1983, thirty-four thousand dollars ($34,000).
(2) For all other claimants, twenty-four thousand dollars ($24,000).
(d) For calendar year 2002 and subsequent calendar years and for approved fiscal years commencing within any of those calendar years, postponement may not be allowed under this chapter, Chapter 3 (commencing with Section 20626), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640), if household income exceeds thirty-nine thousand dollars ($39,000).
(e) For the 2003 calendar year and each subsequent calendar year, and for approved fiscal years commencing within any of those calendar years, the household income amount specified in subdivision (d) shall be adjusted for inflation, in accordance with an inflation factor determined pursuant to paragraphs (1) and (2) of subdivision (b).