SB 691

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. For taxable years beginning on and after January 1, 2020, this tax credit is available to any eligible individuals using an individual taxpayer identification number. This bill would, for taxable years beginning on or after January 1, 2021, increase the earned income tax credit available to eligible individuals using a federal individual taxpayer identification number. The Personal Income Tax Law allows, for each taxable year beginning on or after January 1, 2019, a young child tax credit against the taxes imposed under that law and a payment from the Tax Relief and Refund Account for an allowable credit in excess of tax liability to a qualified taxpayer in a specified amount multiplied by the earned income tax credit adjustment factor, as provided. Existing law defines "qualified taxpayer" for this purpose to include an eligible individual who has a qualified child, as defined, and is allowed an earned income tax credit, as specified. This bill would expand the definition of "qualified taxpayer" to also include an eligible individual who has a qualified child and would have received an earned income tax credit but for the fact that the individual has no earned income, as defined, for the taxable year. Existing law establishes the continuously appropriated Tax Relief and Refund Account and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including any amount to be paid as an earned income tax credit or a young child tax credit in excess of any tax liabilities. By increasing the amounts to be paid with funds from the Tax Relief and Refund Account, and thus, authorizing new payments from that account for additional amounts in excess of personal income tax liabilities, this bill would make an appropriation. Existing law requires any bill authorizing a new tax expenditure, as defined to include tax credits, to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would state the intent of the Legislature to comply with the additional information requirement for any bill authorizing a new income tax expenditure.