California 2021-2022 Regular Session

California Assembly Bill AB259 Compare Versions

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1-Amended IN Assembly March 08, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 259Introduced by Assembly Member DaviesJanuary 15, 2021 An act to add and repeal Section Sections 17054.32 and 23632 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. LEGISLATIVE COUNSEL'S DIGESTAB 259, as amended, Davies. Protecting Our Restaurants Tax Credit.The Personal Income Tax Law and the Corporation Tax Law allows allow various credits against the tax imposed by that law. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements.This bill would allow a credit under the Personal Income Tax Law for taxable years beginning on or after January 1, 2020, and before January 1, 2021, to a qualified taxpayer, as defined, in an amount equal to 50% of the annual fee paid or incurred by the qualified taxpayer for an alcohol license for a qualified establishment during that taxable year. The bill would also allow a credit under the Corporation Tax Law for taxable years beginning on or after January 1, 2020, but and before January 1, 2022, 2021, to a qualified taxpayer, as defined, in an amount equal to 50% of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license, as defined, during that taxable year. The bill would include additional information required for any bill authorizing a new income tax credit. The bill would also make related findings and declarations.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. This act shall be known, and may be cited, as the Protecting Our Restaurants Tax Credit.SEC. 2. The Legislature finds and declares both of the following:(a) Restaurants have faced a significant financial burden as a result of local ordinances closing businesses due to the COVID-19 pandemic.(b) Financial assistance must be provided to reduce the number of restaurants that must permanently close because of a lack of profit and wages earned as a result of fewer customers.SEC. 3. Section 17054.32 is added to the Revenue and Taxation Code, to read:17054.32. (a) For taxable years beginning on or after January 1, 2020, and before January 1, 2021, there shall be allowed a credit against the net tax, as defined by Section 17039, an amount equal to 50 percent of the annual fee paid or incurred by a qualified taxpayer for an alcohol license for a qualified establishment during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified establishment means an establishment that has received an alcohol license.(3) Qualified taxpayer means a taxpayer that owns or operates a qualified establishment.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.SEC. 3.SEC. 4. Section 23632 is added to the Revenue and Taxation Code, to read:23632. (a) For taxable years beginning on or after January 1, 2020, but and before January 1, 2022, 2021, there shall be allowed a credit against the tax, as defined by Section 23036, an amount equal to 50 percent of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified taxpayer means an establishment that has received an alcohol license.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.SEC. 4.SEC. 5. For purposes of complying with Section 41 of the Revenue and Taxation Code, with respect to Sections 17054.32 and 23632 of the Revenue and Taxation Code as added and repealed by this act (hereafter the credit), credits), the Legislature finds and declares as follows:(a) The specific goals, purposes, and objectives that the credit credits will achieve are as follows:(1) To relieve part of the significant financial burden that restaurants have faced as a result of local ordinances closing businesses due to the COVID-19 pandemic.(2) To reduce the number of restaurants that must permanently close because of a lack of profit and wages earned due to fewer customers.(b) Detailed performance indicators for the Legislature to use in determining whether the credit meets credits meet those goals, purposes, and objectives shall be the number of taxpayers receiving the credit. credits.(c) The Legislative Analyst shall collaborate with the Franchise Tax Board to review the effectiveness of the credit and shall publish its findings by December 1, 2023. 2022. The review shall include, but is not limited to, an analysis of the demand for the credit credits and the economic impact of the credit.(d) The data collection requirements for determining whether the credit is credits are meeting, failing to meet, or exceeding those specific goals, purposes, and objectives are as follows:(1) To assist the Legislature in determining whether the credit meets credits meet the goals, purposes, and objectives specified in subdivision (a), and in carrying out their duties under subdivision (c), the Legislative Analyst may request information from the Franchise Tax Board.(2) (A) The Franchise Tax Board shall provide any data requested by the Legislative Analyst pursuant to this subdivision.(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542 under Article 2 (commencing with 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.SEC. 5.SEC. 6. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
1+CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 259Introduced by Assembly Member DaviesJanuary 15, 2021 An act to add and repeal Section 23632 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. LEGISLATIVE COUNSEL'S DIGESTAB 259, as introduced, Davies. Protecting Our Restaurants Tax Credit.The Corporation Tax Law allows various credits against the tax imposed by that law. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements.This bill would allow a credit under the Corporation Tax Law for taxable years beginning on or after January 1, 2020, but before January 1, 2022, to a qualified taxpayer, as defined, in an amount equal to 50% of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license, as defined, during that taxable year. The bill would include additional information required for any bill authorizing a new income tax credit. The bill would also make related findings and declarations.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. This act shall be known, and may be cited, as the Protecting Our Restaurants Tax Credit.SEC. 2. The Legislature finds and declares both of the following:(a) Restaurants have faced a significant financial burden as a result of local ordinances closing businesses due to the COVID-19 pandemic.(b) Financial assistance must be provided to reduce the number of restaurants that must permanently close because of a lack of profit and wages earned as a result of fewer customers.SEC. 3. Section 23632 is added to the Revenue and Taxation Code, to read:23632. (a) For taxable years beginning on or after January 1, 2020, but before January 1, 2022, there shall be allowed a credit against the tax, as defined by Section 23036, an amount equal to 50 percent of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified taxpayer means an establishment that has received an alcohol license.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.SEC. 4. For purposes of complying with Section 41 of the Revenue and Taxation Code, with respect to 23632 of the Revenue and Taxation Code as added and repealed by this act (hereafter the credit), the Legislature finds and declares as follows:(a) The specific goals, purposes, and objectives that the credit will achieve are as follows:(1) To relieve part of the significant financial burden that restaurants have faced as a result of local ordinances closing businesses due to the COVID-19 pandemic.(2) To reduce the number of restaurants that must permanently close because of a lack of profit and wages earned due to fewer customers.(b) Detailed performance indicators for the Legislature to use in determining whether the credit meets those goals, purposes, and objectives shall be the number of taxpayers receiving the credit.(c) The Legislative Analyst shall collaborate with the Franchise Tax Board to review the effectiveness of the credit and shall publish its findings by December 1, 2023. The review shall include, but is not limited to, an analysis of the demand for the credit and the economic impact of the credit.(d) The data collection requirements for determining whether the credit is meeting, failing to meet, or exceeding those specific goals, purposes, and objectives are as follows:(1) To assist the Legislature in determining whether the credit meets the goals, purposes, and objectives specified in subdivision (a), and in carrying out their duties under subdivision (c), the Legislative Analyst may request information from the Franchise Tax Board.(2) (A) The Franchise Tax Board shall provide any data requested by the Legislative Analyst pursuant to this subdivision.(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542 under Article 2 (commencing with 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.SEC. 5. 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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3- Amended IN Assembly March 08, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 259Introduced by Assembly Member DaviesJanuary 15, 2021 An act to add and repeal Section Sections 17054.32 and 23632 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. LEGISLATIVE COUNSEL'S DIGESTAB 259, as amended, Davies. Protecting Our Restaurants Tax Credit.The Personal Income Tax Law and the Corporation Tax Law allows allow various credits against the tax imposed by that law. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements.This bill would allow a credit under the Personal Income Tax Law for taxable years beginning on or after January 1, 2020, and before January 1, 2021, to a qualified taxpayer, as defined, in an amount equal to 50% of the annual fee paid or incurred by the qualified taxpayer for an alcohol license for a qualified establishment during that taxable year. The bill would also allow a credit under the Corporation Tax Law for taxable years beginning on or after January 1, 2020, but and before January 1, 2022, 2021, to a qualified taxpayer, as defined, in an amount equal to 50% of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license, as defined, during that taxable year. The bill would include additional information required for any bill authorizing a new income tax credit. The bill would also make related findings and declarations.This bill would take effect immediately as a tax levy.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 259Introduced by Assembly Member DaviesJanuary 15, 2021 An act to add and repeal Section 23632 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. LEGISLATIVE COUNSEL'S DIGESTAB 259, as introduced, Davies. Protecting Our Restaurants Tax Credit.The Corporation Tax Law allows various credits against the tax imposed by that law. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements.This bill would allow a credit under the Corporation Tax Law for taxable years beginning on or after January 1, 2020, but before January 1, 2022, to a qualified taxpayer, as defined, in an amount equal to 50% of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license, as defined, during that taxable year. The bill would include additional information required for any bill authorizing a new income tax credit. The bill would also make related findings and declarations.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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5- Amended IN Assembly March 08, 2021
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7-Amended IN Assembly March 08, 2021
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99 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
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1111 Assembly Bill
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1313 No. 259
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1515 Introduced by Assembly Member DaviesJanuary 15, 2021
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1717 Introduced by Assembly Member Davies
1818 January 15, 2021
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20- An act to add and repeal Section Sections 17054.32 and 23632 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.
20+ An act to add and repeal Section 23632 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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26-AB 259, as amended, Davies. Protecting Our Restaurants Tax Credit.
26+AB 259, as introduced, Davies. Protecting Our Restaurants Tax Credit.
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28-The Personal Income Tax Law and the Corporation Tax Law allows allow various credits against the tax imposed by that law. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements.This bill would allow a credit under the Personal Income Tax Law for taxable years beginning on or after January 1, 2020, and before January 1, 2021, to a qualified taxpayer, as defined, in an amount equal to 50% of the annual fee paid or incurred by the qualified taxpayer for an alcohol license for a qualified establishment during that taxable year. The bill would also allow a credit under the Corporation Tax Law for taxable years beginning on or after January 1, 2020, but and before January 1, 2022, 2021, to a qualified taxpayer, as defined, in an amount equal to 50% of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license, as defined, during that taxable year. The bill would include additional information required for any bill authorizing a new income tax credit. The bill would also make related findings and declarations.This bill would take effect immediately as a tax levy.
28+The Corporation Tax Law allows various credits against the tax imposed by that law. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements.This bill would allow a credit under the Corporation Tax Law for taxable years beginning on or after January 1, 2020, but before January 1, 2022, to a qualified taxpayer, as defined, in an amount equal to 50% of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license, as defined, during that taxable year. The bill would include additional information required for any bill authorizing a new income tax credit. The bill would also make related findings and declarations.This bill would take effect immediately as a tax levy.
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30-The Personal Income Tax Law and the Corporation Tax Law allows allow various credits against the tax imposed by that law. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements.
30+The Corporation Tax Law allows various credits against the tax imposed by that law. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements.
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32-This bill would allow a credit under the Personal Income Tax Law for taxable years beginning on or after January 1, 2020, and before January 1, 2021, to a qualified taxpayer, as defined, in an amount equal to 50% of the annual fee paid or incurred by the qualified taxpayer for an alcohol license for a qualified establishment during that taxable year. The bill would also allow a credit under the Corporation Tax Law for taxable years beginning on or after January 1, 2020, but and before January 1, 2022, 2021, to a qualified taxpayer, as defined, in an amount equal to 50% of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license, as defined, during that taxable year. The bill would include additional information required for any bill authorizing a new income tax credit. The bill would also make related findings and declarations.
32+This bill would allow a credit under the Corporation Tax Law for taxable years beginning on or after January 1, 2020, but before January 1, 2022, to a qualified taxpayer, as defined, in an amount equal to 50% of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license, as defined, during that taxable year. The bill would include additional information required for any bill authorizing a new income tax credit. The bill would also make related findings and declarations.
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3434 This bill would take effect immediately as a tax levy.
3535
3636 ## Digest Key
3737
3838 ## Bill Text
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40-The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Protecting Our Restaurants Tax Credit.SEC. 2. The Legislature finds and declares both of the following:(a) Restaurants have faced a significant financial burden as a result of local ordinances closing businesses due to the COVID-19 pandemic.(b) Financial assistance must be provided to reduce the number of restaurants that must permanently close because of a lack of profit and wages earned as a result of fewer customers.SEC. 3. Section 17054.32 is added to the Revenue and Taxation Code, to read:17054.32. (a) For taxable years beginning on or after January 1, 2020, and before January 1, 2021, there shall be allowed a credit against the net tax, as defined by Section 17039, an amount equal to 50 percent of the annual fee paid or incurred by a qualified taxpayer for an alcohol license for a qualified establishment during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified establishment means an establishment that has received an alcohol license.(3) Qualified taxpayer means a taxpayer that owns or operates a qualified establishment.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.SEC. 3.SEC. 4. Section 23632 is added to the Revenue and Taxation Code, to read:23632. (a) For taxable years beginning on or after January 1, 2020, but and before January 1, 2022, 2021, there shall be allowed a credit against the tax, as defined by Section 23036, an amount equal to 50 percent of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified taxpayer means an establishment that has received an alcohol license.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.SEC. 4.SEC. 5. For purposes of complying with Section 41 of the Revenue and Taxation Code, with respect to Sections 17054.32 and 23632 of the Revenue and Taxation Code as added and repealed by this act (hereafter the credit), credits), the Legislature finds and declares as follows:(a) The specific goals, purposes, and objectives that the credit credits will achieve are as follows:(1) To relieve part of the significant financial burden that restaurants have faced as a result of local ordinances closing businesses due to the COVID-19 pandemic.(2) To reduce the number of restaurants that must permanently close because of a lack of profit and wages earned due to fewer customers.(b) Detailed performance indicators for the Legislature to use in determining whether the credit meets credits meet those goals, purposes, and objectives shall be the number of taxpayers receiving the credit. credits.(c) The Legislative Analyst shall collaborate with the Franchise Tax Board to review the effectiveness of the credit and shall publish its findings by December 1, 2023. 2022. The review shall include, but is not limited to, an analysis of the demand for the credit credits and the economic impact of the credit.(d) The data collection requirements for determining whether the credit is credits are meeting, failing to meet, or exceeding those specific goals, purposes, and objectives are as follows:(1) To assist the Legislature in determining whether the credit meets credits meet the goals, purposes, and objectives specified in subdivision (a), and in carrying out their duties under subdivision (c), the Legislative Analyst may request information from the Franchise Tax Board.(2) (A) The Franchise Tax Board shall provide any data requested by the Legislative Analyst pursuant to this subdivision.(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542 under Article 2 (commencing with 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.SEC. 5.SEC. 6. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
40+The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Protecting Our Restaurants Tax Credit.SEC. 2. The Legislature finds and declares both of the following:(a) Restaurants have faced a significant financial burden as a result of local ordinances closing businesses due to the COVID-19 pandemic.(b) Financial assistance must be provided to reduce the number of restaurants that must permanently close because of a lack of profit and wages earned as a result of fewer customers.SEC. 3. Section 23632 is added to the Revenue and Taxation Code, to read:23632. (a) For taxable years beginning on or after January 1, 2020, but before January 1, 2022, there shall be allowed a credit against the tax, as defined by Section 23036, an amount equal to 50 percent of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified taxpayer means an establishment that has received an alcohol license.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.SEC. 4. For purposes of complying with Section 41 of the Revenue and Taxation Code, with respect to 23632 of the Revenue and Taxation Code as added and repealed by this act (hereafter the credit), the Legislature finds and declares as follows:(a) The specific goals, purposes, and objectives that the credit will achieve are as follows:(1) To relieve part of the significant financial burden that restaurants have faced as a result of local ordinances closing businesses due to the COVID-19 pandemic.(2) To reduce the number of restaurants that must permanently close because of a lack of profit and wages earned due to fewer customers.(b) Detailed performance indicators for the Legislature to use in determining whether the credit meets those goals, purposes, and objectives shall be the number of taxpayers receiving the credit.(c) The Legislative Analyst shall collaborate with the Franchise Tax Board to review the effectiveness of the credit and shall publish its findings by December 1, 2023. The review shall include, but is not limited to, an analysis of the demand for the credit and the economic impact of the credit.(d) The data collection requirements for determining whether the credit is meeting, failing to meet, or exceeding those specific goals, purposes, and objectives are as follows:(1) To assist the Legislature in determining whether the credit meets the goals, purposes, and objectives specified in subdivision (a), and in carrying out their duties under subdivision (c), the Legislative Analyst may request information from the Franchise Tax Board.(2) (A) The Franchise Tax Board shall provide any data requested by the Legislative Analyst pursuant to this subdivision.(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542 under Article 2 (commencing with 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.SEC. 5. 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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4242 The people of the State of California do enact as follows:
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4444 ## The people of the State of California do enact as follows:
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4646 SECTION 1. This act shall be known, and may be cited, as the Protecting Our Restaurants Tax Credit.
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4848 SECTION 1. This act shall be known, and may be cited, as the Protecting Our Restaurants Tax Credit.
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5050 SECTION 1. This act shall be known, and may be cited, as the Protecting Our Restaurants Tax Credit.
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5252 ### SECTION 1.
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5454 SEC. 2. The Legislature finds and declares both of the following:(a) Restaurants have faced a significant financial burden as a result of local ordinances closing businesses due to the COVID-19 pandemic.(b) Financial assistance must be provided to reduce the number of restaurants that must permanently close because of a lack of profit and wages earned as a result of fewer customers.
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5656 SEC. 2. The Legislature finds and declares both of the following:(a) Restaurants have faced a significant financial burden as a result of local ordinances closing businesses due to the COVID-19 pandemic.(b) Financial assistance must be provided to reduce the number of restaurants that must permanently close because of a lack of profit and wages earned as a result of fewer customers.
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5858 SEC. 2. The Legislature finds and declares both of the following:
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6060 ### SEC. 2.
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6262 (a) Restaurants have faced a significant financial burden as a result of local ordinances closing businesses due to the COVID-19 pandemic.
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6464 (b) Financial assistance must be provided to reduce the number of restaurants that must permanently close because of a lack of profit and wages earned as a result of fewer customers.
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66-SEC. 3. Section 17054.32 is added to the Revenue and Taxation Code, to read:17054.32. (a) For taxable years beginning on or after January 1, 2020, and before January 1, 2021, there shall be allowed a credit against the net tax, as defined by Section 17039, an amount equal to 50 percent of the annual fee paid or incurred by a qualified taxpayer for an alcohol license for a qualified establishment during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified establishment means an establishment that has received an alcohol license.(3) Qualified taxpayer means a taxpayer that owns or operates a qualified establishment.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
66+SEC. 3. Section 23632 is added to the Revenue and Taxation Code, to read:23632. (a) For taxable years beginning on or after January 1, 2020, but before January 1, 2022, there shall be allowed a credit against the tax, as defined by Section 23036, an amount equal to 50 percent of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified taxpayer means an establishment that has received an alcohol license.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
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68-SEC. 3. Section 17054.32 is added to the Revenue and Taxation Code, to read:
68+SEC. 3. Section 23632 is added to the Revenue and Taxation Code, to read:
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7070 ### SEC. 3.
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72-17054.32. (a) For taxable years beginning on or after January 1, 2020, and before January 1, 2021, there shall be allowed a credit against the net tax, as defined by Section 17039, an amount equal to 50 percent of the annual fee paid or incurred by a qualified taxpayer for an alcohol license for a qualified establishment during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified establishment means an establishment that has received an alcohol license.(3) Qualified taxpayer means a taxpayer that owns or operates a qualified establishment.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
72+23632. (a) For taxable years beginning on or after January 1, 2020, but before January 1, 2022, there shall be allowed a credit against the tax, as defined by Section 23036, an amount equal to 50 percent of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified taxpayer means an establishment that has received an alcohol license.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
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74-17054.32. (a) For taxable years beginning on or after January 1, 2020, and before January 1, 2021, there shall be allowed a credit against the net tax, as defined by Section 17039, an amount equal to 50 percent of the annual fee paid or incurred by a qualified taxpayer for an alcohol license for a qualified establishment during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified establishment means an establishment that has received an alcohol license.(3) Qualified taxpayer means a taxpayer that owns or operates a qualified establishment.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
74+23632. (a) For taxable years beginning on or after January 1, 2020, but before January 1, 2022, there shall be allowed a credit against the tax, as defined by Section 23036, an amount equal to 50 percent of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified taxpayer means an establishment that has received an alcohol license.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
7575
76-17054.32. (a) For taxable years beginning on or after January 1, 2020, and before January 1, 2021, there shall be allowed a credit against the net tax, as defined by Section 17039, an amount equal to 50 percent of the annual fee paid or incurred by a qualified taxpayer for an alcohol license for a qualified establishment during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified establishment means an establishment that has received an alcohol license.(3) Qualified taxpayer means a taxpayer that owns or operates a qualified establishment.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
76+23632. (a) For taxable years beginning on or after January 1, 2020, but before January 1, 2022, there shall be allowed a credit against the tax, as defined by Section 23036, an amount equal to 50 percent of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified taxpayer means an establishment that has received an alcohol license.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
7777
7878
7979
80-17054.32. (a) For taxable years beginning on or after January 1, 2020, and before January 1, 2021, there shall be allowed a credit against the net tax, as defined by Section 17039, an amount equal to 50 percent of the annual fee paid or incurred by a qualified taxpayer for an alcohol license for a qualified establishment during that taxable year.
81-
82-(b) For purposes of this section, both of the following definitions apply:
83-
84-(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.
85-
86-(2) Qualified establishment means an establishment that has received an alcohol license.
87-
88-(3) Qualified taxpayer means a taxpayer that owns or operates a qualified establishment.
89-
90-(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.
91-
92-(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
93-
94-SEC. 3.SEC. 4. Section 23632 is added to the Revenue and Taxation Code, to read:23632. (a) For taxable years beginning on or after January 1, 2020, but and before January 1, 2022, 2021, there shall be allowed a credit against the tax, as defined by Section 23036, an amount equal to 50 percent of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified taxpayer means an establishment that has received an alcohol license.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
95-
96-SEC. 3.SEC. 4. Section 23632 is added to the Revenue and Taxation Code, to read:
97-
98-### SEC. 3.SEC. 4.
99-
100-23632. (a) For taxable years beginning on or after January 1, 2020, but and before January 1, 2022, 2021, there shall be allowed a credit against the tax, as defined by Section 23036, an amount equal to 50 percent of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified taxpayer means an establishment that has received an alcohol license.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
101-
102-23632. (a) For taxable years beginning on or after January 1, 2020, but and before January 1, 2022, 2021, there shall be allowed a credit against the tax, as defined by Section 23036, an amount equal to 50 percent of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified taxpayer means an establishment that has received an alcohol license.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
103-
104-23632. (a) For taxable years beginning on or after January 1, 2020, but and before January 1, 2022, 2021, there shall be allowed a credit against the tax, as defined by Section 23036, an amount equal to 50 percent of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license during that taxable year.(b) For purposes of this section, both of the following definitions apply:(1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.(2) Qualified taxpayer means an establishment that has received an alcohol license.(c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
105-
106-
107-
108-23632. (a) For taxable years beginning on or after January 1, 2020, but and before January 1, 2022, 2021, there shall be allowed a credit against the tax, as defined by Section 23036, an amount equal to 50 percent of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license during that taxable year.
80+23632. (a) For taxable years beginning on or after January 1, 2020, but before January 1, 2022, there shall be allowed a credit against the tax, as defined by Section 23036, an amount equal to 50 percent of the annual fee paid or incurred by an owner or operator of the qualified taxpayer for an alcohol license during that taxable year.
10981
11082 (b) For purposes of this section, both of the following definitions apply:
11183
11284 (1) Alcohol license means a Type 41 or Type 47 license, as described in paragraphs (31) and (37), respectively, of subdivision (b) of Section 23320 of the Business and Professions Code.
11385
11486 (2) Qualified taxpayer means an establishment that has received an alcohol license.
11587
11688 (c) This credit shall be in lieu of any other deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to the costs paid or incurred by a taxpayer for an alcohol license or permit fee.
11789
11890 (d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
11991
120-SEC. 4.SEC. 5. For purposes of complying with Section 41 of the Revenue and Taxation Code, with respect to Sections 17054.32 and 23632 of the Revenue and Taxation Code as added and repealed by this act (hereafter the credit), credits), the Legislature finds and declares as follows:(a) The specific goals, purposes, and objectives that the credit credits will achieve are as follows:(1) To relieve part of the significant financial burden that restaurants have faced as a result of local ordinances closing businesses due to the COVID-19 pandemic.(2) To reduce the number of restaurants that must permanently close because of a lack of profit and wages earned due to fewer customers.(b) Detailed performance indicators for the Legislature to use in determining whether the credit meets credits meet those goals, purposes, and objectives shall be the number of taxpayers receiving the credit. credits.(c) The Legislative Analyst shall collaborate with the Franchise Tax Board to review the effectiveness of the credit and shall publish its findings by December 1, 2023. 2022. The review shall include, but is not limited to, an analysis of the demand for the credit credits and the economic impact of the credit.(d) The data collection requirements for determining whether the credit is credits are meeting, failing to meet, or exceeding those specific goals, purposes, and objectives are as follows:(1) To assist the Legislature in determining whether the credit meets credits meet the goals, purposes, and objectives specified in subdivision (a), and in carrying out their duties under subdivision (c), the Legislative Analyst may request information from the Franchise Tax Board.(2) (A) The Franchise Tax Board shall provide any data requested by the Legislative Analyst pursuant to this subdivision.(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542 under Article 2 (commencing with 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
92+SEC. 4. For purposes of complying with Section 41 of the Revenue and Taxation Code, with respect to 23632 of the Revenue and Taxation Code as added and repealed by this act (hereafter the credit), the Legislature finds and declares as follows:(a) The specific goals, purposes, and objectives that the credit will achieve are as follows:(1) To relieve part of the significant financial burden that restaurants have faced as a result of local ordinances closing businesses due to the COVID-19 pandemic.(2) To reduce the number of restaurants that must permanently close because of a lack of profit and wages earned due to fewer customers.(b) Detailed performance indicators for the Legislature to use in determining whether the credit meets those goals, purposes, and objectives shall be the number of taxpayers receiving the credit.(c) The Legislative Analyst shall collaborate with the Franchise Tax Board to review the effectiveness of the credit and shall publish its findings by December 1, 2023. The review shall include, but is not limited to, an analysis of the demand for the credit and the economic impact of the credit.(d) The data collection requirements for determining whether the credit is meeting, failing to meet, or exceeding those specific goals, purposes, and objectives are as follows:(1) To assist the Legislature in determining whether the credit meets the goals, purposes, and objectives specified in subdivision (a), and in carrying out their duties under subdivision (c), the Legislative Analyst may request information from the Franchise Tax Board.(2) (A) The Franchise Tax Board shall provide any data requested by the Legislative Analyst pursuant to this subdivision.(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542 under Article 2 (commencing with 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
12193
122-SEC. 4.SEC. 5. For purposes of complying with Section 41 of the Revenue and Taxation Code, with respect to Sections 17054.32 and 23632 of the Revenue and Taxation Code as added and repealed by this act (hereafter the credit), credits), the Legislature finds and declares as follows:(a) The specific goals, purposes, and objectives that the credit credits will achieve are as follows:(1) To relieve part of the significant financial burden that restaurants have faced as a result of local ordinances closing businesses due to the COVID-19 pandemic.(2) To reduce the number of restaurants that must permanently close because of a lack of profit and wages earned due to fewer customers.(b) Detailed performance indicators for the Legislature to use in determining whether the credit meets credits meet those goals, purposes, and objectives shall be the number of taxpayers receiving the credit. credits.(c) The Legislative Analyst shall collaborate with the Franchise Tax Board to review the effectiveness of the credit and shall publish its findings by December 1, 2023. 2022. The review shall include, but is not limited to, an analysis of the demand for the credit credits and the economic impact of the credit.(d) The data collection requirements for determining whether the credit is credits are meeting, failing to meet, or exceeding those specific goals, purposes, and objectives are as follows:(1) To assist the Legislature in determining whether the credit meets credits meet the goals, purposes, and objectives specified in subdivision (a), and in carrying out their duties under subdivision (c), the Legislative Analyst may request information from the Franchise Tax Board.(2) (A) The Franchise Tax Board shall provide any data requested by the Legislative Analyst pursuant to this subdivision.(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542 under Article 2 (commencing with 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
94+SEC. 4. For purposes of complying with Section 41 of the Revenue and Taxation Code, with respect to 23632 of the Revenue and Taxation Code as added and repealed by this act (hereafter the credit), the Legislature finds and declares as follows:(a) The specific goals, purposes, and objectives that the credit will achieve are as follows:(1) To relieve part of the significant financial burden that restaurants have faced as a result of local ordinances closing businesses due to the COVID-19 pandemic.(2) To reduce the number of restaurants that must permanently close because of a lack of profit and wages earned due to fewer customers.(b) Detailed performance indicators for the Legislature to use in determining whether the credit meets those goals, purposes, and objectives shall be the number of taxpayers receiving the credit.(c) The Legislative Analyst shall collaborate with the Franchise Tax Board to review the effectiveness of the credit and shall publish its findings by December 1, 2023. The review shall include, but is not limited to, an analysis of the demand for the credit and the economic impact of the credit.(d) The data collection requirements for determining whether the credit is meeting, failing to meet, or exceeding those specific goals, purposes, and objectives are as follows:(1) To assist the Legislature in determining whether the credit meets the goals, purposes, and objectives specified in subdivision (a), and in carrying out their duties under subdivision (c), the Legislative Analyst may request information from the Franchise Tax Board.(2) (A) The Franchise Tax Board shall provide any data requested by the Legislative Analyst pursuant to this subdivision.(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542 under Article 2 (commencing with 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
12395
124-SEC. 4.SEC. 5. For purposes of complying with Section 41 of the Revenue and Taxation Code, with respect to Sections 17054.32 and 23632 of the Revenue and Taxation Code as added and repealed by this act (hereafter the credit), credits), the Legislature finds and declares as follows:
96+SEC. 4. For purposes of complying with Section 41 of the Revenue and Taxation Code, with respect to 23632 of the Revenue and Taxation Code as added and repealed by this act (hereafter the credit), the Legislature finds and declares as follows:
12597
126-### SEC. 4.SEC. 5.
98+### SEC. 4.
12799
128-(a) The specific goals, purposes, and objectives that the credit credits will achieve are as follows:
100+(a) The specific goals, purposes, and objectives that the credit will achieve are as follows:
129101
130102 (1) To relieve part of the significant financial burden that restaurants have faced as a result of local ordinances closing businesses due to the COVID-19 pandemic.
131103
132104 (2) To reduce the number of restaurants that must permanently close because of a lack of profit and wages earned due to fewer customers.
133105
134-(b) Detailed performance indicators for the Legislature to use in determining whether the credit meets credits meet those goals, purposes, and objectives shall be the number of taxpayers receiving the credit. credits.
106+(b) Detailed performance indicators for the Legislature to use in determining whether the credit meets those goals, purposes, and objectives shall be the number of taxpayers receiving the credit.
135107
136-(c) The Legislative Analyst shall collaborate with the Franchise Tax Board to review the effectiveness of the credit and shall publish its findings by December 1, 2023. 2022. The review shall include, but is not limited to, an analysis of the demand for the credit credits and the economic impact of the credit.
108+(c) The Legislative Analyst shall collaborate with the Franchise Tax Board to review the effectiveness of the credit and shall publish its findings by December 1, 2023. The review shall include, but is not limited to, an analysis of the demand for the credit and the economic impact of the credit.
137109
138-(d) The data collection requirements for determining whether the credit is credits are meeting, failing to meet, or exceeding those specific goals, purposes, and objectives are as follows:
110+(d) The data collection requirements for determining whether the credit is meeting, failing to meet, or exceeding those specific goals, purposes, and objectives are as follows:
139111
140-(1) To assist the Legislature in determining whether the credit meets credits meet the goals, purposes, and objectives specified in subdivision (a), and in carrying out their duties under subdivision (c), the Legislative Analyst may request information from the Franchise Tax Board.
112+(1) To assist the Legislature in determining whether the credit meets the goals, purposes, and objectives specified in subdivision (a), and in carrying out their duties under subdivision (c), the Legislative Analyst may request information from the Franchise Tax Board.
141113
142114 (2) (A) The Franchise Tax Board shall provide any data requested by the Legislative Analyst pursuant to this subdivision.
143115
144116 (B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542 under Article 2 (commencing with 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
145117
146-SEC. 5.SEC. 6. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
118+SEC. 5. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
147119
148-SEC. 5.SEC. 6. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
120+SEC. 5. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
149121
150-SEC. 5.SEC. 6. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
122+SEC. 5. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
151123
152-### SEC. 5.SEC. 6.
124+### SEC. 5.