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| 1 | + | Amended IN Assembly May 29, 2018 Amended IN Assembly May 25, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2023Introduced by Assembly Member Caballero(Coauthors: Assembly Members Burke, Chiu, Gonzalez Fletcher, Rubio, and Steinorth)(Coauthor: Senator Galgiani)February 05, 2018 An act to amend Section 17052.6 of the Revenue and Taxation Code, relating to taxation, and making an appropriation therefor. taxation.LEGISLATIVE COUNSEL'S DIGESTAB 2023, as amended, Caballero. Personal income taxes: working families child care tax credit.The Personal Income Tax Law, in modified conformity to federal income tax law, authorizes a credit for household and dependent care expenses necessary for gainful employment, as provided. This bill would require, for taxable years beginning on or after January 1, 2019, and before January 1, 2024, for a taxpayer with an allowable credit in excess of tax liability, a payment from the Tax Relief and Refund Account, a continuously appropriated account, to the taxpayer equal to the amount of the allowable credit that is in excess of tax liability, as provided, not to exceed a specified amount. By authorizing additional payments from this account, the bill would make an appropriation.This bill, for taxable years beginning on or after January 1, 2019, for a taxpayer with an allowable credit in excess of tax liability, would allow a payment to the taxpayer in excess of that credit amount, not to exceed a specified amount, upon appropriation by the Legislature. Digest Key Vote: TWO_THIRDSMAJORITY Appropriation: YESNO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17052.6 of the Revenue and Taxation Code is amended to read:17052.6. (a) For each taxable year beginning on or after January 1, 2000, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount determined in accordance with Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, except that the amount of the credit shall be a percentage, as provided in subdivision (b) of the allowable federal credit without taking into account whether there is a federal tax liability.(b) For the purposes of subdivision (a), the percentage of the allowable federal credit shall be determined as follows:(1) For taxable years beginning before January 1, 2003: If the adjusted gross income is: The percentage ofcredit is:$40,000 or less ........................ 63%Over $40,000 but not over $70,000 ........................ 53%Over $70,000 but not over $100,000 ........................ 42%Over $100,000 ........................ 0%(2) For taxable years beginning on or after January 1, 2003:If the adjusted gross income is: The percentage ofcredit is: $40,000 or less ........................ 50%Over $40,000 but not over $70,000 ........................ 43%Over $70,000 but not over $100,000 ........................ 34%Over $100,000 ........................ 0%(c) For purposes of this section, adjusted gross income means adjusted gross income as computed for purposes of paragraph (2) of subdivision (h) of Section 17024.5.(d) The credit authorized by this section shall be limited, as follows:(1) Employment-related expenses, within the meaning of Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, shall be limited to expenses for household services and care provided in this state.(2) Earned income, within the meaning of Section 21(d) of the Internal Revenue Code, relating to earned income limitation, shall be limited to earned income subject to tax under this part. For purposes of this paragraph, compensation received by a member of the armed forces for active services as a member of the armed forces, other than pensions or retired pay, shall be considered earned income subject to tax under this part, whether or not the member is domiciled in this state.(e) For purposes of this section, Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, is modified to additionally provide that a child, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, shall be treated, for purposes of Section 152 of the Internal Revenue Code, relating to dependent defined, as applicable for purposes of this section, as receiving over one-half of his or her support during the calendar year from the parent having custody for a greater portion of the calendar year, that parent shall be treated as a custodial parent, within the meaning of Section 152(e) of the Internal Revenue Code, relating to special rule for divorced parents, etc., as applicable for purposes of this section, and the child shall be treated as a qualifying individual under Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, as applicable for purposes of this section, if both of the following apply:(1) The child receives over one-half of his or her support during the calendar year from his or her parents who never married each other and who lived apart at all times during the last six months of the calendar year.(2) The child is in the custody of one or both of his or her parents for more than one-half of the calendar year.(f) (1) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, if the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, subject to paragraph (2), and shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. and the balance, if any, subject to paragraph (2), shall, upon appropriation by the Legislature, be paid to the taxpayer.(2) The amount paid to the taxpayer pursuant to this subdivision shall not exceed:(A) Two hundred fifty dollars ($250) for one qualifying individual.(B) Five hundred dollars ($500) for two or more qualifying individuals.(g) The amendments to this section made by Section 1.5 of Chapter 824 of the Statutes of 2002 apply only to taxable years beginning on or after January 1, 2002.(h) The amendments made to this section by Chapter 14 of the Statutes of 2011 apply to taxable years beginning on or after January 1, 2011. | |
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| 3 | + | Amended IN Assembly May 29, 2018 Amended IN Assembly May 25, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2023Introduced by Assembly Member Caballero(Coauthors: Assembly Members Burke, Chiu, Gonzalez Fletcher, Rubio, and Steinorth)(Coauthor: Senator Galgiani)February 05, 2018 An act to amend Section 17052.6 of the Revenue and Taxation Code, relating to taxation, and making an appropriation therefor. taxation.LEGISLATIVE COUNSEL'S DIGESTAB 2023, as amended, Caballero. Personal income taxes: working families child care tax credit.The Personal Income Tax Law, in modified conformity to federal income tax law, authorizes a credit for household and dependent care expenses necessary for gainful employment, as provided. This bill would require, for taxable years beginning on or after January 1, 2019, and before January 1, 2024, for a taxpayer with an allowable credit in excess of tax liability, a payment from the Tax Relief and Refund Account, a continuously appropriated account, to the taxpayer equal to the amount of the allowable credit that is in excess of tax liability, as provided, not to exceed a specified amount. By authorizing additional payments from this account, the bill would make an appropriation.This bill, for taxable years beginning on or after January 1, 2019, for a taxpayer with an allowable credit in excess of tax liability, would allow a payment to the taxpayer in excess of that credit amount, not to exceed a specified amount, upon appropriation by the Legislature. Digest Key Vote: TWO_THIRDSMAJORITY Appropriation: YESNO Fiscal Committee: YES Local Program: NO | |
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| 5 | + | Amended IN Assembly May 29, 2018 Amended IN Assembly May 25, 2018 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate July 02, 2018 | |
| 8 | 7 | Amended IN Assembly May 29, 2018 | |
| 9 | 8 | Amended IN Assembly May 25, 2018 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Assembly Bill No. 2023 | |
| 14 | 13 | ||
| 15 | 14 | Introduced by Assembly Member Caballero(Coauthors: Assembly Members Burke, Chiu, Gonzalez Fletcher, Rubio, and Steinorth)(Coauthor: Senator Galgiani)February 05, 2018 | |
| 16 | 15 | ||
| 17 | 16 | Introduced by Assembly Member Caballero(Coauthors: Assembly Members Burke, Chiu, Gonzalez Fletcher, Rubio, and Steinorth)(Coauthor: Senator Galgiani) | |
| 18 | 17 | February 05, 2018 | |
| 19 | 18 | ||
| 20 | - | An act to amend Section 17052.6 of the Revenue and Taxation Code, relating to taxation. | |
| 19 | + | An act to amend Section 17052.6 of the Revenue and Taxation Code, relating to taxation, and making an appropriation therefor. taxation. | |
| 21 | 20 | ||
| 22 | 21 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 22 | ||
| 24 | 23 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | AB 2023, as amended, Caballero. Personal income taxes: working families child care tax credit. | |
| 27 | 26 | ||
| 28 | - | The Personal Income Tax Law, in modified conformity to federal income tax law, authorizes a credit for household and dependent care expenses necessary for gainful employment, as provided. This bill, for taxable years beginning on or after January 1, 2019, and before January 1, 2024, for a taxpayer with an allowable credit in excess of tax liability, would allow a payment to the taxpayer in excess of that credit amount, not to exceed a specified amount, upon appropriation by the Legislature. | |
| 27 | + | The Personal Income Tax Law, in modified conformity to federal income tax law, authorizes a credit for household and dependent care expenses necessary for gainful employment, as provided. This bill would require, for taxable years beginning on or after January 1, 2019, and before January 1, 2024, for a taxpayer with an allowable credit in excess of tax liability, a payment from the Tax Relief and Refund Account, a continuously appropriated account, to the taxpayer equal to the amount of the allowable credit that is in excess of tax liability, as provided, not to exceed a specified amount. By authorizing additional payments from this account, the bill would make an appropriation.This bill, for taxable years beginning on or after January 1, 2019, for a taxpayer with an allowable credit in excess of tax liability, would allow a payment to the taxpayer in excess of that credit amount, not to exceed a specified amount, upon appropriation by the Legislature. | |
| 29 | 28 | ||
| 30 | 29 | The Personal Income Tax Law, in modified conformity to federal income tax law, authorizes a credit for household and dependent care expenses necessary for gainful employment, as provided. | |
| 31 | 30 | ||
| 32 | - | This bill, for taxable years beginning on or after January 1, 2019, and before January 1, 2024, for a taxpayer with an allowable credit in excess of tax liability, would allow a payment to the taxpayer in excess of that credit amount, not to exceed a specified amount, upon appropriation by the Legislature. subject to the annual Budget Act or a bill providing for appropriations related to the Budget Act, as provided, not to exceed a specified amount. | |
| 31 | + | This bill would require, for taxable years beginning on or after January 1, 2019, and before January 1, 2024, for a taxpayer with an allowable credit in excess of tax liability, a payment from the Tax Relief and Refund Account, a continuously appropriated account, to the taxpayer equal to the amount of the allowable credit that is in excess of tax liability, as provided, not to exceed a specified amount. By authorizing additional payments from this account, the bill would make an appropriation. | |
| 32 | + | ||
| 33 | + | ||
| 34 | + | ||
| 35 | + | This bill, for taxable years beginning on or after January 1, 2019, for a taxpayer with an allowable credit in excess of tax liability, would allow a payment to the taxpayer in excess of that credit amount, not to exceed a specified amount, upon appropriation by the Legislature. | |
| 33 | 36 | ||
| 34 | 37 | ## Digest Key | |
| 35 | 38 | ||
| 36 | 39 | ## Bill Text | |
| 37 | 40 | ||
| 38 | - | The people of the State of California do enact as follows:SECTION 1. Section 17052.6 of the Revenue and Taxation Code is amended to read:17052.6. (a) For each taxable year beginning on or after January 1, 2000, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount determined in accordance with Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, except that the amount of the credit shall be a percentage, as provided in subdivision (b) of the allowable federal credit without taking into account whether there is a federal tax liability.(b) For the purposes of subdivision (a), the percentage of the allowable federal credit shall be determined as follows:(1) For taxable years beginning before January 1, 2003: If the adjusted gross income is: The percentage ofcredit is:$40,000 or less ........................ 63%Over $40,000 but not over $70,000 ........................ 53%Over $70,000 but not over $100,000 ........................ 42%Over $100,000 ........................ 0%(2) For taxable years beginning on or after January 1, 2003:If the adjusted gross income is: The percentage ofcredit is: $40,000 or less ........................ 50%Over $40,000 but not over $70,000 ........................ 43%Over $70,000 but not over $100,000 ........................ 34%Over $100,000 ........................ 0%(c) For purposes of this section, adjusted gross income means adjusted gross income as computed for purposes of paragraph (2) of subdivision (h) of Section 17024.5.(d) The credit authorized by this section shall be limited, as follows:(1) Employment-related expenses, within the meaning of Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, shall be limited to expenses for household services and care provided in this state.(2) Earned income, within the meaning of Section 21(d) of the Internal Revenue Code, relating to earned income limitation, shall be limited to earned income subject to tax under this part. For purposes of this paragraph, compensation received by a member of the armed forces for active services as a member of the armed forces, other than pensions or retired pay, shall be considered earned income subject to tax under this part, whether or not the member is domiciled in this state.(e) For purposes of this section, Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, is modified to additionally provide that a child, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, shall be treated, for purposes of Section 152 of the Internal Revenue Code, relating to dependent defined, as applicable for purposes of this section, as receiving over one-half of his or her support during the calendar year from the parent having custody for a greater portion of the calendar year, that parent shall be treated as a custodial parent, within the meaning of Section 152(e) of the Internal Revenue Code, relating to special rule for divorced parents, etc., as applicable for purposes of this section, and the child shall be treated as a qualifying individual under Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, as applicable for purposes of this section, if both of the following apply:(1) The child receives over one-half of his or her support during the calendar year from his or her parents who never married each other and who lived apart at all times during the last six months of the calendar year.(2) The child is in the custody of one or both of his or her parents for more than one-half of the calendar year.(f) (1) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, if the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, subject to paragraph (2), shall, upon appropriation by the Legislature, | |
| 41 | + | The people of the State of California do enact as follows:SECTION 1. Section 17052.6 of the Revenue and Taxation Code is amended to read:17052.6. (a) For each taxable year beginning on or after January 1, 2000, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount determined in accordance with Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, except that the amount of the credit shall be a percentage, as provided in subdivision (b) of the allowable federal credit without taking into account whether there is a federal tax liability.(b) For the purposes of subdivision (a), the percentage of the allowable federal credit shall be determined as follows:(1) For taxable years beginning before January 1, 2003: If the adjusted gross income is: The percentage ofcredit is:$40,000 or less ........................ 63%Over $40,000 but not over $70,000 ........................ 53%Over $70,000 but not over $100,000 ........................ 42%Over $100,000 ........................ 0%(2) For taxable years beginning on or after January 1, 2003:If the adjusted gross income is: The percentage ofcredit is: $40,000 or less ........................ 50%Over $40,000 but not over $70,000 ........................ 43%Over $70,000 but not over $100,000 ........................ 34%Over $100,000 ........................ 0%(c) For purposes of this section, adjusted gross income means adjusted gross income as computed for purposes of paragraph (2) of subdivision (h) of Section 17024.5.(d) The credit authorized by this section shall be limited, as follows:(1) Employment-related expenses, within the meaning of Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, shall be limited to expenses for household services and care provided in this state.(2) Earned income, within the meaning of Section 21(d) of the Internal Revenue Code, relating to earned income limitation, shall be limited to earned income subject to tax under this part. For purposes of this paragraph, compensation received by a member of the armed forces for active services as a member of the armed forces, other than pensions or retired pay, shall be considered earned income subject to tax under this part, whether or not the member is domiciled in this state.(e) For purposes of this section, Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, is modified to additionally provide that a child, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, shall be treated, for purposes of Section 152 of the Internal Revenue Code, relating to dependent defined, as applicable for purposes of this section, as receiving over one-half of his or her support during the calendar year from the parent having custody for a greater portion of the calendar year, that parent shall be treated as a custodial parent, within the meaning of Section 152(e) of the Internal Revenue Code, relating to special rule for divorced parents, etc., as applicable for purposes of this section, and the child shall be treated as a qualifying individual under Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, as applicable for purposes of this section, if both of the following apply:(1) The child receives over one-half of his or her support during the calendar year from his or her parents who never married each other and who lived apart at all times during the last six months of the calendar year.(2) The child is in the custody of one or both of his or her parents for more than one-half of the calendar year.(f) (1) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, if the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, subject to paragraph (2), and shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. and the balance, if any, subject to paragraph (2), shall, upon appropriation by the Legislature, be paid to the taxpayer.(2) The amount paid to the taxpayer pursuant to this subdivision shall not exceed:(A) Two hundred fifty dollars ($250) for one qualifying individual.(B) Five hundred dollars ($500) for two or more qualifying individuals.(g) The amendments to this section made by Section 1.5 of Chapter 824 of the Statutes of 2002 apply only to taxable years beginning on or after January 1, 2002.(h) The amendments made to this section by Chapter 14 of the Statutes of 2011 apply to taxable years beginning on or after January 1, 2011. | |
| 39 | 42 | ||
| 40 | 43 | The people of the State of California do enact as follows: | |
| 41 | 44 | ||
| 42 | 45 | ## The people of the State of California do enact as follows: | |
| 43 | 46 | ||
| 44 | - | SECTION 1. Section 17052.6 of the Revenue and Taxation Code is amended to read:17052.6. (a) For each taxable year beginning on or after January 1, 2000, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount determined in accordance with Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, except that the amount of the credit shall be a percentage, as provided in subdivision (b) of the allowable federal credit without taking into account whether there is a federal tax liability.(b) For the purposes of subdivision (a), the percentage of the allowable federal credit shall be determined as follows:(1) For taxable years beginning before January 1, 2003: If the adjusted gross income is: The percentage ofcredit is:$40,000 or less ........................ 63%Over $40,000 but not over $70,000 ........................ 53%Over $70,000 but not over $100,000 ........................ 42%Over $100,000 ........................ 0%(2) For taxable years beginning on or after January 1, 2003:If the adjusted gross income is: The percentage ofcredit is: $40,000 or less ........................ 50%Over $40,000 but not over $70,000 ........................ 43%Over $70,000 but not over $100,000 ........................ 34%Over $100,000 ........................ 0%(c) For purposes of this section, adjusted gross income means adjusted gross income as computed for purposes of paragraph (2) of subdivision (h) of Section 17024.5.(d) The credit authorized by this section shall be limited, as follows:(1) Employment-related expenses, within the meaning of Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, shall be limited to expenses for household services and care provided in this state.(2) Earned income, within the meaning of Section 21(d) of the Internal Revenue Code, relating to earned income limitation, shall be limited to earned income subject to tax under this part. For purposes of this paragraph, compensation received by a member of the armed forces for active services as a member of the armed forces, other than pensions or retired pay, shall be considered earned income subject to tax under this part, whether or not the member is domiciled in this state.(e) For purposes of this section, Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, is modified to additionally provide that a child, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, shall be treated, for purposes of Section 152 of the Internal Revenue Code, relating to dependent defined, as applicable for purposes of this section, as receiving over one-half of his or her support during the calendar year from the parent having custody for a greater portion of the calendar year, that parent shall be treated as a custodial parent, within the meaning of Section 152(e) of the Internal Revenue Code, relating to special rule for divorced parents, etc., as applicable for purposes of this section, and the child shall be treated as a qualifying individual under Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, as applicable for purposes of this section, if both of the following apply:(1) The child receives over one-half of his or her support during the calendar year from his or her parents who never married each other and who lived apart at all times during the last six months of the calendar year.(2) The child is in the custody of one or both of his or her parents for more than one-half of the calendar year.(f) (1) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, if the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, subject to paragraph (2), shall, upon appropriation by the Legislature, | |
| 47 | + | SECTION 1. Section 17052.6 of the Revenue and Taxation Code is amended to read:17052.6. (a) For each taxable year beginning on or after January 1, 2000, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount determined in accordance with Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, except that the amount of the credit shall be a percentage, as provided in subdivision (b) of the allowable federal credit without taking into account whether there is a federal tax liability.(b) For the purposes of subdivision (a), the percentage of the allowable federal credit shall be determined as follows:(1) For taxable years beginning before January 1, 2003: If the adjusted gross income is: The percentage ofcredit is:$40,000 or less ........................ 63%Over $40,000 but not over $70,000 ........................ 53%Over $70,000 but not over $100,000 ........................ 42%Over $100,000 ........................ 0%(2) For taxable years beginning on or after January 1, 2003:If the adjusted gross income is: The percentage ofcredit is: $40,000 or less ........................ 50%Over $40,000 but not over $70,000 ........................ 43%Over $70,000 but not over $100,000 ........................ 34%Over $100,000 ........................ 0%(c) For purposes of this section, adjusted gross income means adjusted gross income as computed for purposes of paragraph (2) of subdivision (h) of Section 17024.5.(d) The credit authorized by this section shall be limited, as follows:(1) Employment-related expenses, within the meaning of Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, shall be limited to expenses for household services and care provided in this state.(2) Earned income, within the meaning of Section 21(d) of the Internal Revenue Code, relating to earned income limitation, shall be limited to earned income subject to tax under this part. For purposes of this paragraph, compensation received by a member of the armed forces for active services as a member of the armed forces, other than pensions or retired pay, shall be considered earned income subject to tax under this part, whether or not the member is domiciled in this state.(e) For purposes of this section, Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, is modified to additionally provide that a child, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, shall be treated, for purposes of Section 152 of the Internal Revenue Code, relating to dependent defined, as applicable for purposes of this section, as receiving over one-half of his or her support during the calendar year from the parent having custody for a greater portion of the calendar year, that parent shall be treated as a custodial parent, within the meaning of Section 152(e) of the Internal Revenue Code, relating to special rule for divorced parents, etc., as applicable for purposes of this section, and the child shall be treated as a qualifying individual under Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, as applicable for purposes of this section, if both of the following apply:(1) The child receives over one-half of his or her support during the calendar year from his or her parents who never married each other and who lived apart at all times during the last six months of the calendar year.(2) The child is in the custody of one or both of his or her parents for more than one-half of the calendar year.(f) (1) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, if the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, subject to paragraph (2), and shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. and the balance, if any, subject to paragraph (2), shall, upon appropriation by the Legislature, be paid to the taxpayer.(2) The amount paid to the taxpayer pursuant to this subdivision shall not exceed:(A) Two hundred fifty dollars ($250) for one qualifying individual.(B) Five hundred dollars ($500) for two or more qualifying individuals.(g) The amendments to this section made by Section 1.5 of Chapter 824 of the Statutes of 2002 apply only to taxable years beginning on or after January 1, 2002.(h) The amendments made to this section by Chapter 14 of the Statutes of 2011 apply to taxable years beginning on or after January 1, 2011. | |
| 45 | 48 | ||
| 46 | 49 | SECTION 1. Section 17052.6 of the Revenue and Taxation Code is amended to read: | |
| 47 | 50 | ||
| 48 | 51 | ### SECTION 1. | |
| 49 | 52 | ||
| 50 | - | 17052.6. (a) For each taxable year beginning on or after January 1, 2000, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount determined in accordance with Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, except that the amount of the credit shall be a percentage, as provided in subdivision (b) of the allowable federal credit without taking into account whether there is a federal tax liability.(b) For the purposes of subdivision (a), the percentage of the allowable federal credit shall be determined as follows:(1) For taxable years beginning before January 1, 2003: If the adjusted gross income is: The percentage ofcredit is:$40,000 or less ........................ 63%Over $40,000 but not over $70,000 ........................ 53%Over $70,000 but not over $100,000 ........................ 42%Over $100,000 ........................ 0%(2) For taxable years beginning on or after January 1, 2003:If the adjusted gross income is: The percentage ofcredit is: $40,000 or less ........................ 50%Over $40,000 but not over $70,000 ........................ 43%Over $70,000 but not over $100,000 ........................ 34%Over $100,000 ........................ 0%(c) For purposes of this section, adjusted gross income means adjusted gross income as computed for purposes of paragraph (2) of subdivision (h) of Section 17024.5.(d) The credit authorized by this section shall be limited, as follows:(1) Employment-related expenses, within the meaning of Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, shall be limited to expenses for household services and care provided in this state.(2) Earned income, within the meaning of Section 21(d) of the Internal Revenue Code, relating to earned income limitation, shall be limited to earned income subject to tax under this part. For purposes of this paragraph, compensation received by a member of the armed forces for active services as a member of the armed forces, other than pensions or retired pay, shall be considered earned income subject to tax under this part, whether or not the member is domiciled in this state.(e) For purposes of this section, Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, is modified to additionally provide that a child, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, shall be treated, for purposes of Section 152 of the Internal Revenue Code, relating to dependent defined, as applicable for purposes of this section, as receiving over one-half of his or her support during the calendar year from the parent having custody for a greater portion of the calendar year, that parent shall be treated as a custodial parent, within the meaning of Section 152(e) of the Internal Revenue Code, relating to special rule for divorced parents, etc., as applicable for purposes of this section, and the child shall be treated as a qualifying individual under Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, as applicable for purposes of this section, if both of the following apply:(1) The child receives over one-half of his or her support during the calendar year from his or her parents who never married each other and who lived apart at all times during the last six months of the calendar year.(2) The child is in the custody of one or both of his or her parents for more than one-half of the calendar year.(f) (1) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, if the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, subject to paragraph (2), shall, upon appropriation by the Legislature, | |
| 53 | + | 17052.6. (a) For each taxable year beginning on or after January 1, 2000, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount determined in accordance with Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, except that the amount of the credit shall be a percentage, as provided in subdivision (b) of the allowable federal credit without taking into account whether there is a federal tax liability.(b) For the purposes of subdivision (a), the percentage of the allowable federal credit shall be determined as follows:(1) For taxable years beginning before January 1, 2003: If the adjusted gross income is: The percentage ofcredit is:$40,000 or less ........................ 63%Over $40,000 but not over $70,000 ........................ 53%Over $70,000 but not over $100,000 ........................ 42%Over $100,000 ........................ 0%(2) For taxable years beginning on or after January 1, 2003:If the adjusted gross income is: The percentage ofcredit is: $40,000 or less ........................ 50%Over $40,000 but not over $70,000 ........................ 43%Over $70,000 but not over $100,000 ........................ 34%Over $100,000 ........................ 0%(c) For purposes of this section, adjusted gross income means adjusted gross income as computed for purposes of paragraph (2) of subdivision (h) of Section 17024.5.(d) The credit authorized by this section shall be limited, as follows:(1) Employment-related expenses, within the meaning of Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, shall be limited to expenses for household services and care provided in this state.(2) Earned income, within the meaning of Section 21(d) of the Internal Revenue Code, relating to earned income limitation, shall be limited to earned income subject to tax under this part. For purposes of this paragraph, compensation received by a member of the armed forces for active services as a member of the armed forces, other than pensions or retired pay, shall be considered earned income subject to tax under this part, whether or not the member is domiciled in this state.(e) For purposes of this section, Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, is modified to additionally provide that a child, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, shall be treated, for purposes of Section 152 of the Internal Revenue Code, relating to dependent defined, as applicable for purposes of this section, as receiving over one-half of his or her support during the calendar year from the parent having custody for a greater portion of the calendar year, that parent shall be treated as a custodial parent, within the meaning of Section 152(e) of the Internal Revenue Code, relating to special rule for divorced parents, etc., as applicable for purposes of this section, and the child shall be treated as a qualifying individual under Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, as applicable for purposes of this section, if both of the following apply:(1) The child receives over one-half of his or her support during the calendar year from his or her parents who never married each other and who lived apart at all times during the last six months of the calendar year.(2) The child is in the custody of one or both of his or her parents for more than one-half of the calendar year.(f) (1) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, if the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, subject to paragraph (2), and shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. and the balance, if any, subject to paragraph (2), shall, upon appropriation by the Legislature, be paid to the taxpayer.(2) The amount paid to the taxpayer pursuant to this subdivision shall not exceed:(A) Two hundred fifty dollars ($250) for one qualifying individual.(B) Five hundred dollars ($500) for two or more qualifying individuals.(g) The amendments to this section made by Section 1.5 of Chapter 824 of the Statutes of 2002 apply only to taxable years beginning on or after January 1, 2002.(h) The amendments made to this section by Chapter 14 of the Statutes of 2011 apply to taxable years beginning on or after January 1, 2011. | |
| 51 | 54 | ||
| 52 | - | 17052.6. (a) For each taxable year beginning on or after January 1, 2000, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount determined in accordance with Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, except that the amount of the credit shall be a percentage, as provided in subdivision (b) of the allowable federal credit without taking into account whether there is a federal tax liability.(b) For the purposes of subdivision (a), the percentage of the allowable federal credit shall be determined as follows:(1) For taxable years beginning before January 1, 2003: If the adjusted gross income is: The percentage ofcredit is:$40,000 or less ........................ 63%Over $40,000 but not over $70,000 ........................ 53%Over $70,000 but not over $100,000 ........................ 42%Over $100,000 ........................ 0%(2) For taxable years beginning on or after January 1, 2003:If the adjusted gross income is: The percentage ofcredit is: $40,000 or less ........................ 50%Over $40,000 but not over $70,000 ........................ 43%Over $70,000 but not over $100,000 ........................ 34%Over $100,000 ........................ 0%(c) For purposes of this section, adjusted gross income means adjusted gross income as computed for purposes of paragraph (2) of subdivision (h) of Section 17024.5.(d) The credit authorized by this section shall be limited, as follows:(1) Employment-related expenses, within the meaning of Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, shall be limited to expenses for household services and care provided in this state.(2) Earned income, within the meaning of Section 21(d) of the Internal Revenue Code, relating to earned income limitation, shall be limited to earned income subject to tax under this part. For purposes of this paragraph, compensation received by a member of the armed forces for active services as a member of the armed forces, other than pensions or retired pay, shall be considered earned income subject to tax under this part, whether or not the member is domiciled in this state.(e) For purposes of this section, Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, is modified to additionally provide that a child, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, shall be treated, for purposes of Section 152 of the Internal Revenue Code, relating to dependent defined, as applicable for purposes of this section, as receiving over one-half of his or her support during the calendar year from the parent having custody for a greater portion of the calendar year, that parent shall be treated as a custodial parent, within the meaning of Section 152(e) of the Internal Revenue Code, relating to special rule for divorced parents, etc., as applicable for purposes of this section, and the child shall be treated as a qualifying individual under Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, as applicable for purposes of this section, if both of the following apply:(1) The child receives over one-half of his or her support during the calendar year from his or her parents who never married each other and who lived apart at all times during the last six months of the calendar year.(2) The child is in the custody of one or both of his or her parents for more than one-half of the calendar year.(f) (1) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, if the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, subject to paragraph (2), shall, upon appropriation by the Legislature, | |
| 55 | + | 17052.6. (a) For each taxable year beginning on or after January 1, 2000, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount determined in accordance with Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, except that the amount of the credit shall be a percentage, as provided in subdivision (b) of the allowable federal credit without taking into account whether there is a federal tax liability.(b) For the purposes of subdivision (a), the percentage of the allowable federal credit shall be determined as follows:(1) For taxable years beginning before January 1, 2003: If the adjusted gross income is: The percentage ofcredit is:$40,000 or less ........................ 63%Over $40,000 but not over $70,000 ........................ 53%Over $70,000 but not over $100,000 ........................ 42%Over $100,000 ........................ 0%(2) For taxable years beginning on or after January 1, 2003:If the adjusted gross income is: The percentage ofcredit is: $40,000 or less ........................ 50%Over $40,000 but not over $70,000 ........................ 43%Over $70,000 but not over $100,000 ........................ 34%Over $100,000 ........................ 0%(c) For purposes of this section, adjusted gross income means adjusted gross income as computed for purposes of paragraph (2) of subdivision (h) of Section 17024.5.(d) The credit authorized by this section shall be limited, as follows:(1) Employment-related expenses, within the meaning of Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, shall be limited to expenses for household services and care provided in this state.(2) Earned income, within the meaning of Section 21(d) of the Internal Revenue Code, relating to earned income limitation, shall be limited to earned income subject to tax under this part. For purposes of this paragraph, compensation received by a member of the armed forces for active services as a member of the armed forces, other than pensions or retired pay, shall be considered earned income subject to tax under this part, whether or not the member is domiciled in this state.(e) For purposes of this section, Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, is modified to additionally provide that a child, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, shall be treated, for purposes of Section 152 of the Internal Revenue Code, relating to dependent defined, as applicable for purposes of this section, as receiving over one-half of his or her support during the calendar year from the parent having custody for a greater portion of the calendar year, that parent shall be treated as a custodial parent, within the meaning of Section 152(e) of the Internal Revenue Code, relating to special rule for divorced parents, etc., as applicable for purposes of this section, and the child shall be treated as a qualifying individual under Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, as applicable for purposes of this section, if both of the following apply:(1) The child receives over one-half of his or her support during the calendar year from his or her parents who never married each other and who lived apart at all times during the last six months of the calendar year.(2) The child is in the custody of one or both of his or her parents for more than one-half of the calendar year.(f) (1) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, if the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, subject to paragraph (2), and shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. and the balance, if any, subject to paragraph (2), shall, upon appropriation by the Legislature, be paid to the taxpayer.(2) The amount paid to the taxpayer pursuant to this subdivision shall not exceed:(A) Two hundred fifty dollars ($250) for one qualifying individual.(B) Five hundred dollars ($500) for two or more qualifying individuals.(g) The amendments to this section made by Section 1.5 of Chapter 824 of the Statutes of 2002 apply only to taxable years beginning on or after January 1, 2002.(h) The amendments made to this section by Chapter 14 of the Statutes of 2011 apply to taxable years beginning on or after January 1, 2011. | |
| 53 | 56 | ||
| 54 | - | 17052.6. (a) For each taxable year beginning on or after January 1, 2000, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount determined in accordance with Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, except that the amount of the credit shall be a percentage, as provided in subdivision (b) of the allowable federal credit without taking into account whether there is a federal tax liability.(b) For the purposes of subdivision (a), the percentage of the allowable federal credit shall be determined as follows:(1) For taxable years beginning before January 1, 2003: If the adjusted gross income is: The percentage ofcredit is:$40,000 or less ........................ 63%Over $40,000 but not over $70,000 ........................ 53%Over $70,000 but not over $100,000 ........................ 42%Over $100,000 ........................ 0%(2) For taxable years beginning on or after January 1, 2003:If the adjusted gross income is: The percentage ofcredit is: $40,000 or less ........................ 50%Over $40,000 but not over $70,000 ........................ 43%Over $70,000 but not over $100,000 ........................ 34%Over $100,000 ........................ 0%(c) For purposes of this section, adjusted gross income means adjusted gross income as computed for purposes of paragraph (2) of subdivision (h) of Section 17024.5.(d) The credit authorized by this section shall be limited, as follows:(1) Employment-related expenses, within the meaning of Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, shall be limited to expenses for household services and care provided in this state.(2) Earned income, within the meaning of Section 21(d) of the Internal Revenue Code, relating to earned income limitation, shall be limited to earned income subject to tax under this part. For purposes of this paragraph, compensation received by a member of the armed forces for active services as a member of the armed forces, other than pensions or retired pay, shall be considered earned income subject to tax under this part, whether or not the member is domiciled in this state.(e) For purposes of this section, Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, is modified to additionally provide that a child, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, shall be treated, for purposes of Section 152 of the Internal Revenue Code, relating to dependent defined, as applicable for purposes of this section, as receiving over one-half of his or her support during the calendar year from the parent having custody for a greater portion of the calendar year, that parent shall be treated as a custodial parent, within the meaning of Section 152(e) of the Internal Revenue Code, relating to special rule for divorced parents, etc., as applicable for purposes of this section, and the child shall be treated as a qualifying individual under Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, as applicable for purposes of this section, if both of the following apply:(1) The child receives over one-half of his or her support during the calendar year from his or her parents who never married each other and who lived apart at all times during the last six months of the calendar year.(2) The child is in the custody of one or both of his or her parents for more than one-half of the calendar year.(f) (1) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, if the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, subject to paragraph (2), shall, upon appropriation by the Legislature, | |
| 57 | + | 17052.6. (a) For each taxable year beginning on or after January 1, 2000, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount determined in accordance with Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, except that the amount of the credit shall be a percentage, as provided in subdivision (b) of the allowable federal credit without taking into account whether there is a federal tax liability.(b) For the purposes of subdivision (a), the percentage of the allowable federal credit shall be determined as follows:(1) For taxable years beginning before January 1, 2003: If the adjusted gross income is: The percentage ofcredit is:$40,000 or less ........................ 63%Over $40,000 but not over $70,000 ........................ 53%Over $70,000 but not over $100,000 ........................ 42%Over $100,000 ........................ 0%(2) For taxable years beginning on or after January 1, 2003:If the adjusted gross income is: The percentage ofcredit is: $40,000 or less ........................ 50%Over $40,000 but not over $70,000 ........................ 43%Over $70,000 but not over $100,000 ........................ 34%Over $100,000 ........................ 0%(c) For purposes of this section, adjusted gross income means adjusted gross income as computed for purposes of paragraph (2) of subdivision (h) of Section 17024.5.(d) The credit authorized by this section shall be limited, as follows:(1) Employment-related expenses, within the meaning of Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, shall be limited to expenses for household services and care provided in this state.(2) Earned income, within the meaning of Section 21(d) of the Internal Revenue Code, relating to earned income limitation, shall be limited to earned income subject to tax under this part. For purposes of this paragraph, compensation received by a member of the armed forces for active services as a member of the armed forces, other than pensions or retired pay, shall be considered earned income subject to tax under this part, whether or not the member is domiciled in this state.(e) For purposes of this section, Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, is modified to additionally provide that a child, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, shall be treated, for purposes of Section 152 of the Internal Revenue Code, relating to dependent defined, as applicable for purposes of this section, as receiving over one-half of his or her support during the calendar year from the parent having custody for a greater portion of the calendar year, that parent shall be treated as a custodial parent, within the meaning of Section 152(e) of the Internal Revenue Code, relating to special rule for divorced parents, etc., as applicable for purposes of this section, and the child shall be treated as a qualifying individual under Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, as applicable for purposes of this section, if both of the following apply:(1) The child receives over one-half of his or her support during the calendar year from his or her parents who never married each other and who lived apart at all times during the last six months of the calendar year.(2) The child is in the custody of one or both of his or her parents for more than one-half of the calendar year.(f) (1) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, if the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, subject to paragraph (2), and shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. and the balance, if any, subject to paragraph (2), shall, upon appropriation by the Legislature, be paid to the taxpayer.(2) The amount paid to the taxpayer pursuant to this subdivision shall not exceed:(A) Two hundred fifty dollars ($250) for one qualifying individual.(B) Five hundred dollars ($500) for two or more qualifying individuals.(g) The amendments to this section made by Section 1.5 of Chapter 824 of the Statutes of 2002 apply only to taxable years beginning on or after January 1, 2002.(h) The amendments made to this section by Chapter 14 of the Statutes of 2011 apply to taxable years beginning on or after January 1, 2011. | |
| 55 | 58 | ||
| 56 | 59 | ||
| 57 | 60 | ||
| 58 | 61 | 17052.6. (a) For each taxable year beginning on or after January 1, 2000, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount determined in accordance with Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, except that the amount of the credit shall be a percentage, as provided in subdivision (b) of the allowable federal credit without taking into account whether there is a federal tax liability. | |
| 59 | 62 | ||
| 60 | 63 | (b) For the purposes of subdivision (a), the percentage of the allowable federal credit shall be determined as follows: | |
| 61 | 64 | ||
| 62 | 65 | (1) For taxable years beginning before January 1, 2003: | |
| 63 | 66 | ||
| 64 | 67 | ||
| 65 | 68 | $40,000 or less ........................ 63% | |
| 66 | 69 | Over $40,000 but not over $70,000 ........................ 53% | |
| 67 | 70 | Over $70,000 but not over $100,000 ........................ 42% | |
| 68 | 71 | Over $100,000 ........................ 0% | |
| 69 | 72 | ||
| 70 | 73 | If the adjusted gross income is: | |
| 71 | 74 | ||
| 72 | 75 | The percentage ofcredit is: | |
| 73 | 76 | ||
| 74 | 77 | $40,000 or less ........................ | |
| 75 | 78 | ||
| 76 | 79 | 63% | |
| 77 | 80 | ||
| 78 | 81 | Over $40,000 but not over $70,000 ........................ | |
| 79 | 82 | ||
| 80 | 83 | 53% | |
| 81 | 84 | ||
| 82 | 85 | Over $70,000 but not over $100,000 ........................ | |
| 83 | 86 | ||
| 84 | 87 | 42% | |
| 85 | 88 | ||
| 86 | 89 | Over $100,000 ........................ | |
| 87 | 90 | ||
| 88 | 91 | 0% | |
| 89 | 92 | ||
| 90 | 93 | (2) For taxable years beginning on or after January 1, 2003: | |
| 91 | 94 | ||
| 92 | 95 | ||
| 93 | 96 | $40,000 or less ........................ 50% | |
| 94 | 97 | Over $40,000 but not over $70,000 ........................ 43% | |
| 95 | 98 | Over $70,000 but not over $100,000 ........................ 34% | |
| 96 | 99 | Over $100,000 ........................ 0% | |
| 97 | 100 | ||
| 98 | 101 | If the adjusted gross income is: | |
| 99 | 102 | ||
| 100 | 103 | The percentage ofcredit is: | |
| 101 | 104 | ||
| 102 | 105 | $40,000 or less ........................ | |
| 103 | 106 | ||
| 104 | 107 | 50% | |
| 105 | 108 | ||
| 106 | 109 | Over $40,000 but not over $70,000 ........................ | |
| 107 | 110 | ||
| 108 | 111 | 43% | |
| 109 | 112 | ||
| 110 | 113 | Over $70,000 but not over $100,000 ........................ | |
| 111 | 114 | ||
| 112 | 115 | 34% | |
| 113 | 116 | ||
| 114 | 117 | Over $100,000 ........................ | |
| 115 | 118 | ||
| 116 | 119 | 0% | |
| 117 | 120 | ||
| 118 | 121 | (c) For purposes of this section, adjusted gross income means adjusted gross income as computed for purposes of paragraph (2) of subdivision (h) of Section 17024.5. | |
| 119 | 122 | ||
| 120 | 123 | (d) The credit authorized by this section shall be limited, as follows: | |
| 121 | 124 | ||
| 122 | 125 | (1) Employment-related expenses, within the meaning of Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, shall be limited to expenses for household services and care provided in this state. | |
| 123 | 126 | ||
| 124 | 127 | (2) Earned income, within the meaning of Section 21(d) of the Internal Revenue Code, relating to earned income limitation, shall be limited to earned income subject to tax under this part. For purposes of this paragraph, compensation received by a member of the armed forces for active services as a member of the armed forces, other than pensions or retired pay, shall be considered earned income subject to tax under this part, whether or not the member is domiciled in this state. | |
| 125 | 128 | ||
| 126 | 129 | (e) For purposes of this section, Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, is modified to additionally provide that a child, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, shall be treated, for purposes of Section 152 of the Internal Revenue Code, relating to dependent defined, as applicable for purposes of this section, as receiving over one-half of his or her support during the calendar year from the parent having custody for a greater portion of the calendar year, that parent shall be treated as a custodial parent, within the meaning of Section 152(e) of the Internal Revenue Code, relating to special rule for divorced parents, etc., as applicable for purposes of this section, and the child shall be treated as a qualifying individual under Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, as applicable for purposes of this section, if both of the following apply: | |
| 127 | 130 | ||
| 128 | 131 | (1) The child receives over one-half of his or her support during the calendar year from his or her parents who never married each other and who lived apart at all times during the last six months of the calendar year. | |
| 129 | 132 | ||
| 130 | 133 | (2) The child is in the custody of one or both of his or her parents for more than one-half of the calendar year. | |
| 131 | 134 | ||
| 132 | - | (f) (1) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, if the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, subject to paragraph (2), shall, upon appropriation by the Legislature, | |
| 135 | + | (f) (1) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, if the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, subject to paragraph (2), and shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. and the balance, if any, subject to paragraph (2), shall, upon appropriation by the Legislature, be paid to the taxpayer. | |
| 133 | 136 | ||
| 134 | - | (2) Unless otherwise specified in the annual Budget Act or in any bill provided for appropriations related to the Budget Act, the amount paid to the taxpayer pursuant to this subdivision is zero dollars ($0). | |
| 135 | - | ||
| 136 | - | (2) | |
| 137 | - | ||
| 138 | - | ||
| 139 | - | ||
| 140 | - | (3) The amount paid to the taxpayer pursuant to this subdivision shall not exceed: | |
| 137 | + | (2) The amount paid to the taxpayer pursuant to this subdivision shall not exceed: | |
| 141 | 138 | ||
| 142 | 139 | (A) Two hundred fifty dollars ($250) for one qualifying individual. | |
| 143 | 140 | ||
| 144 | 141 | (B) Five hundred dollars ($500) for two or more qualifying individuals. | |
| 145 | 142 | ||
| 146 | 143 | (g) The amendments to this section made by Section 1.5 of Chapter 824 of the Statutes of 2002 apply only to taxable years beginning on or after January 1, 2002. | |
| 147 | 144 | ||
| 148 | 145 | (h) The amendments made to this section by Chapter 14 of the Statutes of 2011 apply to taxable years beginning on or after January 1, 2011. |