California 2019-2020 Regular Session

California Assembly Bill AB3208

Introduced
2/21/20  
Introduced
2/21/20  
Refer
4/24/20  
Refer
4/24/20  
Report Pass
5/4/20  
Report Pass
5/4/20  
Refer
5/5/20  
Refer
5/5/20  
Report Pass
5/5/20  
Refer
5/6/20  

Caption

Income tax: gross income: loan forgiveness.

Impact

Additionally, AB 3208 introduces a tax credit mechanism for charitable contributions made to qualified organizations. Effective from the taxable years beginning on or after January 1, 2021, and before January 1, 2026, taxpayers would be eligible for a credit worth 50% of their donations to qualified charities that focus on services for the homeless or mentally ill. The total aggregate tax credits allowed per taxable year would be capped at $500 million, which indicates a significant commitment by the state to incentivize charitable giving during this challenging period.

Summary

Assembly Bill 3208 seeks to make significant amendments to California's Revenue and Taxation Code, particularly addressing income tax implications tied to loan forgiveness and charitable contributions. The bill proposes to exclude from gross income any amounts forgiven under the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) for state income tax purposes. This provision is designed to ensure that taxpayers are not penalized by being taxed on forgiven loans during the COVID-19 pandemic, thereby providing immediate relief to affected individuals and businesses.

Sentiment

Overall, the sentiment towards AB 3208 has been largely positive among advocacy groups focusing on mental health and homelessness. Supporters argue that incentivizing charitable contributions will help organizations that provide critical services to vulnerable populations, particularly during a time when additional support is necessary. However, some concerns have been raised regarding the implementation details and the first-come-first-served nature of tax credits, which could inadvertently favor wealthier taxpayers or larger donations over smaller contributions from individual donors.

Contention

Notably, there may be points of contention regarding the qualifications for organizations to receive tax credit contributions, as they must meet strict criteria set forth in the bill. Organizations are required to demonstrate that a significant portion of their budget is directed toward services for the homeless or mentally ill while also undergoing a certification process through the Franchise Tax Board. This aspect may face scrutiny from various groups, questioning the effectiveness and fairness of such qualifications.

Companion Bills

No companion bills found.

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