Bill Text: CA SB309 | 2019-2020 | Regular Session | Amended

California Senate Bill 309 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Personal income tax: California Senior Citizen Advocacy Voluntary Tax Contribution Fund.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2019-09-20 - Chaptered by Secretary of State. Chapter 325, Statutes of 2019. [SB309 Detail]

Download: California-2019-SB309-Amended.html

Amended IN Senate April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 309

Introduced by Senator Rubio
(Coauthors: Assembly Members Levine, Nazarian, and Blanca Rubio)

February 15, 2019

An act to amend ~~Section 18730 of, and to repeal~~ Section 18733 ~~of,~~ of the Revenue and Taxation Code, relating to ~~taxation, and making an appropriation therefor.~~ taxation.

LEGISLATIVE COUNSEL'S DIGEST

SB 309, as amended, Rubio. Personal income tax: California Senior Citizen Advocacy Voluntary Tax Contribution Fund.

Existing law authorizes an individual to contribute amounts in excess of the individual’s personal income tax liability for the support of specified funds. Existing law sets forth general administrative provisions applicable to voluntary contributions, which, among other things, provide that a voluntary tax contribution remains in effect only until January 1 of the 7th calendar year following the first appearance of the contribution on the personal income tax return, and require that a minimum contribution of $250,000 must be received for the fund to continue appearing on the tax return, as specified.

Existing law allows a taxpayer to designate an amount in excess of personal income tax liability to be deposited into the California Senior Citizen Advocacy Voluntary Tax Contribution Fund, which is continuously appropriated to the California Senior Legislature for the purpose of funding the activities of the California Senior Legislature. Existing law requires specified minimum contributions to be made in order for the fund to appear on the return for the following year, and repeals these voluntary contribution provisions on January 1, 2025, or, if contributions made on returns are less than a specified minimum amount, by an earlier date as provided.

This bill would ~~require~~ eliminate the requirement that the California Senior Citizen Advocacy Voluntary Tax Contribution Fund ~~to indefinitely~~ meet a minimum contribution amount in order for the fund to appear on the return for the following year, thereby allowing the fund to remain on the personal income tax ~~form. By depositing additional moneys into a continuously appropriated fund, the bill would make an appropriation.~~ form until the provisions repeal, pursuant to existing law, on January 1, 2025.

Vote: MAJORITY Appropriation: ~~YES~~NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 18733 of the Revenue and Taxation Code is amended to read:

18733.

~~(a)Except as otherwise provided in subdivision (b),~~ Notwithstanding subdivision (c) of Section 18873 and Section 18874, this article shall remain in effect only until January 1, 2025, ~~following the first appearance of the California Senior Citizen Advocacy Voluntary Tax Contribution Fund on the personal income tax return,~~ and is repealed as of December 1 of that year.

(b)(1)By September 1 of the second calendar year and each subsequent calendar year that the California Senior Citizen Advocacy Voluntary Tax Contribution Fund appears on the tax return, the Franchise Tax Board shall determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount for the calendar year. The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year.
(2)If the Franchise Tax Board determines that the amount of contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year, and shall be repealed on December 1 of that year.
~~(3)For purposes of this section, the “minimum contribution amount” for a calendar year means two hundred fifty thousand dollars ($250,000).~~

SECTION 1.Section 18730 of the Revenue and Taxation Code is amended to read:
18730.
(a)Any individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the California Senior Citizen Advocacy Voluntary Tax Contribution Fund established by Section 18731 to be used to conduct the sessions of the California Senior Legislature and to support its ongoing activities on behalf of older persons.
~~(b)The contribution shall be in full dollar amounts and may be made individually by each signatory on the joint return.~~
(c)A designation under subdivision (a) shall be made for any taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made.
(d)Notwithstanding subdivision (c) of Section 18873 and Section 18874, the Franchise Tax Board shall revise the form of the return for taxable years beginning on and after January 1, 2017 to include a space labeled “California Senior Citizen Advocacy Voluntary Tax Contribution Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to conduct the sessions of the California Senior Legislature and to support its ongoing activities on behalf of older persons.
~~(e)A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a).~~
SEC. 2.Section 18733 of the Revenue and Taxation Code is repealed.