Bill Text: CA AB1258 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Personal income taxes: exclusion: servicemembers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1258 Detail]

Download: California-2019-AB1258-Amended.html

Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1258


Introduced by Assembly Member Salas

February 21, 2019


An act to add Section 17140.7 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.


LEGISLATIVE COUNSEL'S DIGEST


AB 1258, as amended, Salas. Personal income taxes: exclusion: servicemembers.
The Personal Income Tax Law, in modified conformity with federal income tax laws, allows various exclusions from gross income, including an exclusion for military compensation of a servicemember not domiciled in this state for services performed or from sources with within this state.
This bill, for taxable years beginning on or after January 1, 2020, would exclude from gross income all income from any source received by active duty servicemembers while on active duty in this state and all income for an applicable time period, as defined, after being honorably discharged.
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 17140.7 is added to the Revenue and Taxation Code, to read:

17140.7.
 (a) For taxable years beginning on or after January 1, 2020, gross income does not include any income from any source received by a servicemember servicemember, while on active duty in this state, in the United States Armed Forces, in the reserve components of the United States Armed Forces, or in the National Guard while on active duty in this state. Guard.
(b) For taxable years beginning on or after January 1, 2020, gross income does not include, for the applicable time period, any income from any source received by a servicemember separated who has been honorably discharged from the United States Armed Forces, the reserve components of the United States Armed Forces, or the National Guard who has been honorably discharged. Guard.
(c) For purposes of this section, “applicable time period” means the period of time beginning on the date a servicemember in the United States Armed Forces, in the reserve components of the United States Armed Forces, or in the National Guard is honorably discharged and ends after a period of time equal to that of the servicemember’s cumulative days of active duty service prior to the honorable discharge. The applicable time period shall be confirmed by the Secretary of Veterans Affairs.
(d) The Department of Veterans Affairs may adopt rules and regulations for the purpose of confirming the applicable time period pursuant to subdivision (c).

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.
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