SB 1140

Bill Subjects

Abstract

The Personal Income Tax Law, beginning on or after January 1, 2015, in modified conformity with federal income tax laws, allows an earned income tax credit against personal income tax, and a payment from the Tax Relief and Refund Account for an allowable credit in excess of tax liability, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor, as specified. The Personal Income Tax Law allows a refundable young child tax credit against the taxes imposed under that law, for each taxable year beginning on or after January 1, 2019, in an amount equal to $1,176 multiplied by the earned income tax credit adjustment factor, not to exceed $1,000 per each qualified taxpayer per taxable year and requires amounts of this credit in excess of the qualified taxpayer's tax liability to be paid to the qualified taxpayer from the Tax Relief and Refund Account, a continuously appropriated fund. This bill, under the Personal Income Tax Law, would additionally allow a refundable child poverty tax credit against the taxes imposed under that law, for each taxable year beginning on or after January 1, 2020, in an amount equal to either (1) $2,940 multiplied by the earned income tax credit adjustment factor for qualified taxpayers, as defined, residing in a "Region 1" county on the last day of the taxable year, not to exceed $2,500 per each qualified taxpayer per taxable year, or (2) $2,353 multiplied by the earned income tax credit adjustment factor for qualified taxpayers, as defined, residing in a "Region 2" county on the last day of the taxable year, not to exceed $2,000 per each qualified taxpayer per taxable year, as specified. The bill would require amounts of this credit in excess of the qualified taxpayer's tax liability to be paid to the qualified taxpayer from the Tax Relief and Refund Account, thereby making an appropriation. The bill would specify that the credit is only operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the earned income tax credit.