California 2017-2018 Regular Session

California Assembly Bill AB3127 Compare Versions

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11 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3127Introduced by Assembly Member AcostaFebruary 16, 2018 An act to add and repeal Sections 17053.75 and 23675 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. LEGISLATIVE COUNSEL'S DIGESTAB 3127, as introduced, Acosta. Income taxes: credit: employees with disabilities.The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws.This bill, for taxable years beginning on and after January 1, 2019, and before January 1, 2024, would allow a credit under those laws to a qualified employer that pays or incurs to a qualified employee a wage equal to or exceeding the minimum wage during the taxable year, as provided. The bill would define a qualified employee as an individual with a disability who may be paid a special minimum wage under existing state or federal law. The credit would be allowed in an amount equal to the difference between the special minimum wage and the minimum wage, multiplied by the hours worked by the qualified employee. The bill would require the Franchise Tax Board to submit a report containing specified data relating to these credits to the Legislature by June 1, 2024.This bill would take effect immediately as a tax levy.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17053.75 is added to the Revenue and Taxation Code, to read:17053.75. (a) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, there shall be allowed a credit against the net tax, as defined by Section 17039, in an amount as set forth in subdivision (b), to a qualified employer that pays a qualified employee a wage during the taxable year that equals or exceeds the minimum wage.(b) The credit shall be in an amount that is equal to the difference between the special minimum wage paid or incurred to the qualified employee and the minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year.(c) For purposes of this section, the following definitions shall apply:(1) Minimum wage means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(2) Qualified employee means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.(3) (A) Qualified employer means a taxpayer that employs a qualified employee in this state.(B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified employer under this section shall be made at the entity level, and any credit under this section or Section 23675 shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with applicable provisions of this part or Part 11 (commencing with Section 23001). For purposes of this section, the term pass-thru entity means any partnership or S Corporation.(d) A qualified employer shall do both of the following:(1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee. (2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board.(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.(f) In the case where any credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following year, and succeeding four years if necessary.(g) Any deduction otherwise allowed under this part for any amount paid or incurred by the qualified employer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(h) On or before June 1, 2024, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following:(1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 23675.(2) The number of employers who used and applied for a credit authorized by this section and Section 23675 each year.(3) The number of employees for whom a credit authorized by this section and Section 23675 was claimed.(i) This section shall remain in effect only until December 1, 2024, and as of that date is repealed.SEC. 2. Section 23675 is added to the Revenue and Taxation Code, to read:23675. (a) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, there shall be allowed a credit against the tax, as defined by Section 23036, in an amount as set forth in subdivision (b), to a qualified employer that pays a qualified employee a wage during the taxable year that equals or exceeds the minimum wage.(b) The credit shall be in an amount that is equal to the difference between the special minimum wage paid or incurred to the qualified employee and the minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year.(c) For purposes of this section, the following definitions shall apply:(1) Minimum wage means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(2) Qualified employee means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.(3) (A) Qualified employer means a taxpayer that employs a qualified employee in this state.(B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified employer under this section shall be made at the entity level, and any credit under this section or Section 17053.75 shall be allowed to the pass-thru entity and passed through to the partners in accordance with applicable provisions of this part or Part 10 (commencing with Section 17001). For purposes of this section, the term pass-thru entity means any partnership.(d) A qualified employer shall do both of the following:(1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee. (2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board.(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.(f) In the case where any credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following year, and succeeding four years if necessary.(g) Any deduction otherwise allowed under this part for any amount paid or incurred by the qualified employer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(h) On or before June 1, 2024, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following:(1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 17053.75.(2) The number of employers who used and applied for a credit authorized by this section and Section 17053.75 each year.(3) The number of employees for whom a credit authorized by this section and Section 17053.75 was claimed.(i) This section shall remain in effect only until December 1, 2024, and as of that date is repealed.SEC. 3. It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code.SEC. 4. 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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33 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3127Introduced by Assembly Member AcostaFebruary 16, 2018 An act to add and repeal Sections 17053.75 and 23675 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. LEGISLATIVE COUNSEL'S DIGESTAB 3127, as introduced, Acosta. Income taxes: credit: employees with disabilities.The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws.This bill, for taxable years beginning on and after January 1, 2019, and before January 1, 2024, would allow a credit under those laws to a qualified employer that pays or incurs to a qualified employee a wage equal to or exceeding the minimum wage during the taxable year, as provided. The bill would define a qualified employee as an individual with a disability who may be paid a special minimum wage under existing state or federal law. The credit would be allowed in an amount equal to the difference between the special minimum wage and the minimum wage, multiplied by the hours worked by the qualified employee. The bill would require the Franchise Tax Board to submit a report containing specified data relating to these credits to the Legislature by June 1, 2024.This bill would take effect immediately as a tax levy.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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99 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
1010
1111 Assembly Bill No. 3127
1212
1313 Introduced by Assembly Member AcostaFebruary 16, 2018
1414
1515 Introduced by Assembly Member Acosta
1616 February 16, 2018
1717
1818 An act to add and repeal Sections 17053.75 and 23675 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.
1919
2020 LEGISLATIVE COUNSEL'S DIGEST
2121
2222 ## LEGISLATIVE COUNSEL'S DIGEST
2323
2424 AB 3127, as introduced, Acosta. Income taxes: credit: employees with disabilities.
2525
2626 The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws.This bill, for taxable years beginning on and after January 1, 2019, and before January 1, 2024, would allow a credit under those laws to a qualified employer that pays or incurs to a qualified employee a wage equal to or exceeding the minimum wage during the taxable year, as provided. The bill would define a qualified employee as an individual with a disability who may be paid a special minimum wage under existing state or federal law. The credit would be allowed in an amount equal to the difference between the special minimum wage and the minimum wage, multiplied by the hours worked by the qualified employee. The bill would require the Franchise Tax Board to submit a report containing specified data relating to these credits to the Legislature by June 1, 2024.This bill would take effect immediately as a tax levy.
2727
2828 The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws.
2929
3030 This bill, for taxable years beginning on and after January 1, 2019, and before January 1, 2024, would allow a credit under those laws to a qualified employer that pays or incurs to a qualified employee a wage equal to or exceeding the minimum wage during the taxable year, as provided. The bill would define a qualified employee as an individual with a disability who may be paid a special minimum wage under existing state or federal law. The credit would be allowed in an amount equal to the difference between the special minimum wage and the minimum wage, multiplied by the hours worked by the qualified employee. The bill would require the Franchise Tax Board to submit a report containing specified data relating to these credits to the Legislature by June 1, 2024.
3131
3232 This bill would take effect immediately as a tax levy.
3333
3434 ## Digest Key
3535
3636 ## Bill Text
3737
3838 The people of the State of California do enact as follows:SECTION 1. Section 17053.75 is added to the Revenue and Taxation Code, to read:17053.75. (a) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, there shall be allowed a credit against the net tax, as defined by Section 17039, in an amount as set forth in subdivision (b), to a qualified employer that pays a qualified employee a wage during the taxable year that equals or exceeds the minimum wage.(b) The credit shall be in an amount that is equal to the difference between the special minimum wage paid or incurred to the qualified employee and the minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year.(c) For purposes of this section, the following definitions shall apply:(1) Minimum wage means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(2) Qualified employee means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.(3) (A) Qualified employer means a taxpayer that employs a qualified employee in this state.(B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified employer under this section shall be made at the entity level, and any credit under this section or Section 23675 shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with applicable provisions of this part or Part 11 (commencing with Section 23001). For purposes of this section, the term pass-thru entity means any partnership or S Corporation.(d) A qualified employer shall do both of the following:(1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee. (2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board.(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.(f) In the case where any credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following year, and succeeding four years if necessary.(g) Any deduction otherwise allowed under this part for any amount paid or incurred by the qualified employer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(h) On or before June 1, 2024, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following:(1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 23675.(2) The number of employers who used and applied for a credit authorized by this section and Section 23675 each year.(3) The number of employees for whom a credit authorized by this section and Section 23675 was claimed.(i) This section shall remain in effect only until December 1, 2024, and as of that date is repealed.SEC. 2. Section 23675 is added to the Revenue and Taxation Code, to read:23675. (a) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, there shall be allowed a credit against the tax, as defined by Section 23036, in an amount as set forth in subdivision (b), to a qualified employer that pays a qualified employee a wage during the taxable year that equals or exceeds the minimum wage.(b) The credit shall be in an amount that is equal to the difference between the special minimum wage paid or incurred to the qualified employee and the minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year.(c) For purposes of this section, the following definitions shall apply:(1) Minimum wage means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(2) Qualified employee means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.(3) (A) Qualified employer means a taxpayer that employs a qualified employee in this state.(B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified employer under this section shall be made at the entity level, and any credit under this section or Section 17053.75 shall be allowed to the pass-thru entity and passed through to the partners in accordance with applicable provisions of this part or Part 10 (commencing with Section 17001). For purposes of this section, the term pass-thru entity means any partnership.(d) A qualified employer shall do both of the following:(1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee. (2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board.(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.(f) In the case where any credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following year, and succeeding four years if necessary.(g) Any deduction otherwise allowed under this part for any amount paid or incurred by the qualified employer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(h) On or before June 1, 2024, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following:(1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 17053.75.(2) The number of employers who used and applied for a credit authorized by this section and Section 17053.75 each year.(3) The number of employees for whom a credit authorized by this section and Section 17053.75 was claimed.(i) This section shall remain in effect only until December 1, 2024, and as of that date is repealed.SEC. 3. It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code.SEC. 4. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
3939
4040 The people of the State of California do enact as follows:
4141
4242 ## The people of the State of California do enact as follows:
4343
4444 SECTION 1. Section 17053.75 is added to the Revenue and Taxation Code, to read:17053.75. (a) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, there shall be allowed a credit against the net tax, as defined by Section 17039, in an amount as set forth in subdivision (b), to a qualified employer that pays a qualified employee a wage during the taxable year that equals or exceeds the minimum wage.(b) The credit shall be in an amount that is equal to the difference between the special minimum wage paid or incurred to the qualified employee and the minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year.(c) For purposes of this section, the following definitions shall apply:(1) Minimum wage means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(2) Qualified employee means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.(3) (A) Qualified employer means a taxpayer that employs a qualified employee in this state.(B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified employer under this section shall be made at the entity level, and any credit under this section or Section 23675 shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with applicable provisions of this part or Part 11 (commencing with Section 23001). For purposes of this section, the term pass-thru entity means any partnership or S Corporation.(d) A qualified employer shall do both of the following:(1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee. (2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board.(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.(f) In the case where any credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following year, and succeeding four years if necessary.(g) Any deduction otherwise allowed under this part for any amount paid or incurred by the qualified employer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(h) On or before June 1, 2024, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following:(1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 23675.(2) The number of employers who used and applied for a credit authorized by this section and Section 23675 each year.(3) The number of employees for whom a credit authorized by this section and Section 23675 was claimed.(i) This section shall remain in effect only until December 1, 2024, and as of that date is repealed.
4545
4646 SECTION 1. Section 17053.75 is added to the Revenue and Taxation Code, to read:
4747
4848 ### SECTION 1.
4949
5050 17053.75. (a) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, there shall be allowed a credit against the net tax, as defined by Section 17039, in an amount as set forth in subdivision (b), to a qualified employer that pays a qualified employee a wage during the taxable year that equals or exceeds the minimum wage.(b) The credit shall be in an amount that is equal to the difference between the special minimum wage paid or incurred to the qualified employee and the minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year.(c) For purposes of this section, the following definitions shall apply:(1) Minimum wage means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(2) Qualified employee means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.(3) (A) Qualified employer means a taxpayer that employs a qualified employee in this state.(B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified employer under this section shall be made at the entity level, and any credit under this section or Section 23675 shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with applicable provisions of this part or Part 11 (commencing with Section 23001). For purposes of this section, the term pass-thru entity means any partnership or S Corporation.(d) A qualified employer shall do both of the following:(1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee. (2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board.(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.(f) In the case where any credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following year, and succeeding four years if necessary.(g) Any deduction otherwise allowed under this part for any amount paid or incurred by the qualified employer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(h) On or before June 1, 2024, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following:(1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 23675.(2) The number of employers who used and applied for a credit authorized by this section and Section 23675 each year.(3) The number of employees for whom a credit authorized by this section and Section 23675 was claimed.(i) This section shall remain in effect only until December 1, 2024, and as of that date is repealed.
5151
5252 17053.75. (a) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, there shall be allowed a credit against the net tax, as defined by Section 17039, in an amount as set forth in subdivision (b), to a qualified employer that pays a qualified employee a wage during the taxable year that equals or exceeds the minimum wage.(b) The credit shall be in an amount that is equal to the difference between the special minimum wage paid or incurred to the qualified employee and the minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year.(c) For purposes of this section, the following definitions shall apply:(1) Minimum wage means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(2) Qualified employee means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.(3) (A) Qualified employer means a taxpayer that employs a qualified employee in this state.(B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified employer under this section shall be made at the entity level, and any credit under this section or Section 23675 shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with applicable provisions of this part or Part 11 (commencing with Section 23001). For purposes of this section, the term pass-thru entity means any partnership or S Corporation.(d) A qualified employer shall do both of the following:(1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee. (2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board.(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.(f) In the case where any credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following year, and succeeding four years if necessary.(g) Any deduction otherwise allowed under this part for any amount paid or incurred by the qualified employer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(h) On or before June 1, 2024, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following:(1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 23675.(2) The number of employers who used and applied for a credit authorized by this section and Section 23675 each year.(3) The number of employees for whom a credit authorized by this section and Section 23675 was claimed.(i) This section shall remain in effect only until December 1, 2024, and as of that date is repealed.
5353
5454 17053.75. (a) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, there shall be allowed a credit against the net tax, as defined by Section 17039, in an amount as set forth in subdivision (b), to a qualified employer that pays a qualified employee a wage during the taxable year that equals or exceeds the minimum wage.(b) The credit shall be in an amount that is equal to the difference between the special minimum wage paid or incurred to the qualified employee and the minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year.(c) For purposes of this section, the following definitions shall apply:(1) Minimum wage means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(2) Qualified employee means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.(3) (A) Qualified employer means a taxpayer that employs a qualified employee in this state.(B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified employer under this section shall be made at the entity level, and any credit under this section or Section 23675 shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with applicable provisions of this part or Part 11 (commencing with Section 23001). For purposes of this section, the term pass-thru entity means any partnership or S Corporation.(d) A qualified employer shall do both of the following:(1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee. (2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board.(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.(f) In the case where any credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following year, and succeeding four years if necessary.(g) Any deduction otherwise allowed under this part for any amount paid or incurred by the qualified employer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(h) On or before June 1, 2024, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following:(1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 23675.(2) The number of employers who used and applied for a credit authorized by this section and Section 23675 each year.(3) The number of employees for whom a credit authorized by this section and Section 23675 was claimed.(i) This section shall remain in effect only until December 1, 2024, and as of that date is repealed.
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5656
5757
5858 17053.75. (a) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, there shall be allowed a credit against the net tax, as defined by Section 17039, in an amount as set forth in subdivision (b), to a qualified employer that pays a qualified employee a wage during the taxable year that equals or exceeds the minimum wage.
5959
6060 (b) The credit shall be in an amount that is equal to the difference between the special minimum wage paid or incurred to the qualified employee and the minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year.
6161
6262 (c) For purposes of this section, the following definitions shall apply:
6363
6464 (1) Minimum wage means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.
6565
6666 (2) Qualified employee means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.
6767
6868 (3) (A) Qualified employer means a taxpayer that employs a qualified employee in this state.
6969
7070 (B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified employer under this section shall be made at the entity level, and any credit under this section or Section 23675 shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with applicable provisions of this part or Part 11 (commencing with Section 23001). For purposes of this section, the term pass-thru entity means any partnership or S Corporation.
7171
7272 (d) A qualified employer shall do both of the following:
7373
7474 (1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee.
7575
7676 (2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board.
7777
7878 (e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.
7979
8080 (f) In the case where any credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following year, and succeeding four years if necessary.
8181
8282 (g) Any deduction otherwise allowed under this part for any amount paid or incurred by the qualified employer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.
8383
8484 (h) On or before June 1, 2024, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following:
8585
8686 (1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 23675.
8787
8888 (2) The number of employers who used and applied for a credit authorized by this section and Section 23675 each year.
8989
9090 (3) The number of employees for whom a credit authorized by this section and Section 23675 was claimed.
9191
9292 (i) This section shall remain in effect only until December 1, 2024, and as of that date is repealed.
9393
9494 SEC. 2. Section 23675 is added to the Revenue and Taxation Code, to read:23675. (a) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, there shall be allowed a credit against the tax, as defined by Section 23036, in an amount as set forth in subdivision (b), to a qualified employer that pays a qualified employee a wage during the taxable year that equals or exceeds the minimum wage.(b) The credit shall be in an amount that is equal to the difference between the special minimum wage paid or incurred to the qualified employee and the minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year.(c) For purposes of this section, the following definitions shall apply:(1) Minimum wage means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(2) Qualified employee means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.(3) (A) Qualified employer means a taxpayer that employs a qualified employee in this state.(B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified employer under this section shall be made at the entity level, and any credit under this section or Section 17053.75 shall be allowed to the pass-thru entity and passed through to the partners in accordance with applicable provisions of this part or Part 10 (commencing with Section 17001). For purposes of this section, the term pass-thru entity means any partnership.(d) A qualified employer shall do both of the following:(1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee. (2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board.(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.(f) In the case where any credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following year, and succeeding four years if necessary.(g) Any deduction otherwise allowed under this part for any amount paid or incurred by the qualified employer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(h) On or before June 1, 2024, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following:(1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 17053.75.(2) The number of employers who used and applied for a credit authorized by this section and Section 17053.75 each year.(3) The number of employees for whom a credit authorized by this section and Section 17053.75 was claimed.(i) This section shall remain in effect only until December 1, 2024, and as of that date is repealed.
9595
9696 SEC. 2. Section 23675 is added to the Revenue and Taxation Code, to read:
9797
9898 ### SEC. 2.
9999
100100 23675. (a) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, there shall be allowed a credit against the tax, as defined by Section 23036, in an amount as set forth in subdivision (b), to a qualified employer that pays a qualified employee a wage during the taxable year that equals or exceeds the minimum wage.(b) The credit shall be in an amount that is equal to the difference between the special minimum wage paid or incurred to the qualified employee and the minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year.(c) For purposes of this section, the following definitions shall apply:(1) Minimum wage means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(2) Qualified employee means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.(3) (A) Qualified employer means a taxpayer that employs a qualified employee in this state.(B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified employer under this section shall be made at the entity level, and any credit under this section or Section 17053.75 shall be allowed to the pass-thru entity and passed through to the partners in accordance with applicable provisions of this part or Part 10 (commencing with Section 17001). For purposes of this section, the term pass-thru entity means any partnership.(d) A qualified employer shall do both of the following:(1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee. (2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board.(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.(f) In the case where any credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following year, and succeeding four years if necessary.(g) Any deduction otherwise allowed under this part for any amount paid or incurred by the qualified employer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(h) On or before June 1, 2024, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following:(1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 17053.75.(2) The number of employers who used and applied for a credit authorized by this section and Section 17053.75 each year.(3) The number of employees for whom a credit authorized by this section and Section 17053.75 was claimed.(i) This section shall remain in effect only until December 1, 2024, and as of that date is repealed.
101101
102102 23675. (a) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, there shall be allowed a credit against the tax, as defined by Section 23036, in an amount as set forth in subdivision (b), to a qualified employer that pays a qualified employee a wage during the taxable year that equals or exceeds the minimum wage.(b) The credit shall be in an amount that is equal to the difference between the special minimum wage paid or incurred to the qualified employee and the minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year.(c) For purposes of this section, the following definitions shall apply:(1) Minimum wage means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(2) Qualified employee means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.(3) (A) Qualified employer means a taxpayer that employs a qualified employee in this state.(B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified employer under this section shall be made at the entity level, and any credit under this section or Section 17053.75 shall be allowed to the pass-thru entity and passed through to the partners in accordance with applicable provisions of this part or Part 10 (commencing with Section 17001). For purposes of this section, the term pass-thru entity means any partnership.(d) A qualified employer shall do both of the following:(1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee. (2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board.(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.(f) In the case where any credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following year, and succeeding four years if necessary.(g) Any deduction otherwise allowed under this part for any amount paid or incurred by the qualified employer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(h) On or before June 1, 2024, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following:(1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 17053.75.(2) The number of employers who used and applied for a credit authorized by this section and Section 17053.75 each year.(3) The number of employees for whom a credit authorized by this section and Section 17053.75 was claimed.(i) This section shall remain in effect only until December 1, 2024, and as of that date is repealed.
103103
104104 23675. (a) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, there shall be allowed a credit against the tax, as defined by Section 23036, in an amount as set forth in subdivision (b), to a qualified employer that pays a qualified employee a wage during the taxable year that equals or exceeds the minimum wage.(b) The credit shall be in an amount that is equal to the difference between the special minimum wage paid or incurred to the qualified employee and the minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year.(c) For purposes of this section, the following definitions shall apply:(1) Minimum wage means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(2) Qualified employee means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.(3) (A) Qualified employer means a taxpayer that employs a qualified employee in this state.(B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified employer under this section shall be made at the entity level, and any credit under this section or Section 17053.75 shall be allowed to the pass-thru entity and passed through to the partners in accordance with applicable provisions of this part or Part 10 (commencing with Section 17001). For purposes of this section, the term pass-thru entity means any partnership.(d) A qualified employer shall do both of the following:(1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee. (2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board.(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.(f) In the case where any credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following year, and succeeding four years if necessary.(g) Any deduction otherwise allowed under this part for any amount paid or incurred by the qualified employer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(h) On or before June 1, 2024, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following:(1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 17053.75.(2) The number of employers who used and applied for a credit authorized by this section and Section 17053.75 each year.(3) The number of employees for whom a credit authorized by this section and Section 17053.75 was claimed.(i) This section shall remain in effect only until December 1, 2024, and as of that date is repealed.
105105
106106
107107
108108 23675. (a) For taxable years beginning on or after January 1, 2019, and before January 1, 2024, there shall be allowed a credit against the tax, as defined by Section 23036, in an amount as set forth in subdivision (b), to a qualified employer that pays a qualified employee a wage during the taxable year that equals or exceeds the minimum wage.
109109
110110 (b) The credit shall be in an amount that is equal to the difference between the special minimum wage paid or incurred to the qualified employee and the minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year.
111111
112112 (c) For purposes of this section, the following definitions shall apply:
113113
114114 (1) Minimum wage means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.
115115
116116 (2) Qualified employee means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.
117117
118118 (3) (A) Qualified employer means a taxpayer that employs a qualified employee in this state.
119119
120120 (B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified employer under this section shall be made at the entity level, and any credit under this section or Section 17053.75 shall be allowed to the pass-thru entity and passed through to the partners in accordance with applicable provisions of this part or Part 10 (commencing with Section 17001). For purposes of this section, the term pass-thru entity means any partnership.
121121
122122 (d) A qualified employer shall do both of the following:
123123
124124 (1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee.
125125
126126 (2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board.
127127
128128 (e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section.
129129
130130 (f) In the case where any credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following year, and succeeding four years if necessary.
131131
132132 (g) Any deduction otherwise allowed under this part for any amount paid or incurred by the qualified employer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.
133133
134134 (h) On or before June 1, 2024, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following:
135135
136136 (1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 17053.75.
137137
138138 (2) The number of employers who used and applied for a credit authorized by this section and Section 17053.75 each year.
139139
140140 (3) The number of employees for whom a credit authorized by this section and Section 17053.75 was claimed.
141141
142142 (i) This section shall remain in effect only until December 1, 2024, and as of that date is repealed.
143143
144144 SEC. 3. It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code.
145145
146146 SEC. 3. It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code.
147147
148148 SEC. 3. It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code.
149149
150150 ### SEC. 3.
151151
152152 SEC. 4. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
153153
154154 SEC. 4. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
155155
156156 SEC. 4. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
157157
158158 ### SEC. 4.