Amended IN Senate March 10, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 408Introduced by Senator MinFebruary 12, 2021 An act to amend Section 17028 of the Revenue and Taxation Code, relating to taxation. An act to add and repeal Sections 17059 and 23659 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.LEGISLATIVE COUNSEL'S DIGESTSB 408, as amended, Min. Taxation. Income taxes: credits: restaurants, bars, and hotels.The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. 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, for taxable years beginning on or after January 1, 2021, and before January 1, 2022, would allow a credit against those taxes to a qualified taxpayer in an unspecified amount. The bill would define a qualified taxpayer as a taxpayer that owned and operated, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees. The bill would include additional information required for any bill authorizing a new income tax credit.This bill would take effect immediately as a tax levy.Existing law, the Personal Income Tax Law, states that its provisions, insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17059 is added to the Revenue and Taxation Code, to read:17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___).(b) For purposes of this section, all of the following definitions apply:(1) Bar means any retail establishment that prepares, serves, and vends alcoholic beverages and holds any of the following license types under Section 23320 of the Business and Professions Code: 40, 41, 42, 47, 48, 49, 50, 52, 57, 59, 60, 61, 68, 70, 75, and 80.(2) Hotel means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but not a residential hotel, as defined in Section 50519 of the Health and Safety Code. Hotel shall not include any short-term rentals on residential property.(3) Residential property means improved real property used or occupied, or intended to be used or occupied, for residential purposes, including a single-family home, multifamily home, apartment, or condominium.(4) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(5) Qualified taxpayer means a taxpayer that owns and operates, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees.(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 23659.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.SEC. 2. Section 23659 is added to the Revenue and Taxation Code, to read:23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___).(b) For purposes of this section, all of the following definitions apply:(1) Bar means any retail establishment that prepares, serves, and vends alcoholic beverages and holds any of the following license types under Section 23320 of the Business and Professions Code: 40, 41, 42, 47, 48, 49, 50, 52, 57, 59, 60, 61, 68, 70, 75, and 80.(2) Hotel means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but not a residential hotel, as defined in Section 50519 of the Health and Safety Code. Hotel shall not include any short-term rentals on residential property.(3) Residential property means improved real property used or occupied, or intended to be used or occupied, for residential purposes, including a single-family home, multifamily home, apartment, or condominium.(4) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(5) Qualified taxpayer means a taxpayer that owns and operates, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees.(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 17059.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.SEC. 3. For purposes of complying with Section 41 of the Revenue and Taxation Code, the Legislature declares the following with respect to Sections 17059 and 23659 of the Revenue and Taxation Code, as added by this act, hereafter referred to as the tax credits:(a) The specific goal, purpose, and objective that the tax credits will achieve is to provide necessary economic relief to taxpayers that own and operate businesses that have been heavily impacted by the COVID-19 pandemic.(b) A Detailed performance indicator for the Legislature to use in determining whether the tax credits allowed by this act meet that goal, purpose, and objective is the number of taxpayers claiming the tax credits and the type of businesses claiming the credits.(c) The Legislative Analysts Office shall, by December 1, 2022, collaborate with the Franchise Tax Board to review the effectiveness of the tax credits. The office shall report its findings to the Legislature in compliance with Section 9795 of the Government Code.(1) To assist the Legislature in determining whether the tax credits allowed by this act meet the goal, purpose, and objective specified in subdivision (a), and in carrying out their duties under subdivision (c), the Legislative Analysts Office may request information from the Franchise Tax Board.(2) Notwithstanding Section 19542 of the Revenue and Taxation Code, the Franchise Tax Board shall provide any data requested by the Legislative Analysts Office pursuant to this subdivision.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.SECTION 1.Section 17028 of the Revenue and Taxation Code is amended to read:17028.The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments.
Amended IN Senate March 10, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 408Introduced by Senator MinFebruary 12, 2021 An act to amend Section 17028 of the Revenue and Taxation Code, relating to taxation. An act to add and repeal Sections 17059 and 23659 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.LEGISLATIVE COUNSEL'S DIGESTSB 408, as amended, Min. Taxation. Income taxes: credits: restaurants, bars, and hotels.The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. 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, for taxable years beginning on or after January 1, 2021, and before January 1, 2022, would allow a credit against those taxes to a qualified taxpayer in an unspecified amount. The bill would define a qualified taxpayer as a taxpayer that owned and operated, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees. The bill would include additional information required for any bill authorizing a new income tax credit.This bill would take effect immediately as a tax levy.Existing law, the Personal Income Tax Law, states that its provisions, insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate March 10, 2021
Amended IN Senate March 10, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 408
Introduced by Senator MinFebruary 12, 2021
Introduced by Senator Min
February 12, 2021
An act to amend Section 17028 of the Revenue and Taxation Code, relating to taxation. An act to add and repeal Sections 17059 and 23659 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 408, as amended, Min. Taxation. Income taxes: credits: restaurants, bars, and hotels.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. 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, for taxable years beginning on or after January 1, 2021, and before January 1, 2022, would allow a credit against those taxes to a qualified taxpayer in an unspecified amount. The bill would define a qualified taxpayer as a taxpayer that owned and operated, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees. The bill would include additional information required for any bill authorizing a new income tax credit.This bill would take effect immediately as a tax levy.Existing law, the Personal Income Tax Law, states that its provisions, insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments.This bill would make nonsubstantive changes to that provision.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. 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, for taxable years beginning on or after January 1, 2021, and before January 1, 2022, would allow a credit against those taxes to a qualified taxpayer in an unspecified amount. The bill would define a qualified taxpayer as a taxpayer that owned and operated, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees. The bill would include additional information required for any bill authorizing a new income tax credit.
This bill would take effect immediately as a tax levy.
Existing law, the Personal Income Tax Law, states that its provisions, insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments.
This bill would make nonsubstantive changes to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 17059 is added to the Revenue and Taxation Code, to read:17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___).(b) For purposes of this section, all of the following definitions apply:(1) Bar means any retail establishment that prepares, serves, and vends alcoholic beverages and holds any of the following license types under Section 23320 of the Business and Professions Code: 40, 41, 42, 47, 48, 49, 50, 52, 57, 59, 60, 61, 68, 70, 75, and 80.(2) Hotel means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but not a residential hotel, as defined in Section 50519 of the Health and Safety Code. Hotel shall not include any short-term rentals on residential property.(3) Residential property means improved real property used or occupied, or intended to be used or occupied, for residential purposes, including a single-family home, multifamily home, apartment, or condominium.(4) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(5) Qualified taxpayer means a taxpayer that owns and operates, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees.(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 23659.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.SEC. 2. Section 23659 is added to the Revenue and Taxation Code, to read:23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___).(b) For purposes of this section, all of the following definitions apply:(1) Bar means any retail establishment that prepares, serves, and vends alcoholic beverages and holds any of the following license types under Section 23320 of the Business and Professions Code: 40, 41, 42, 47, 48, 49, 50, 52, 57, 59, 60, 61, 68, 70, 75, and 80.(2) Hotel means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but not a residential hotel, as defined in Section 50519 of the Health and Safety Code. Hotel shall not include any short-term rentals on residential property.(3) Residential property means improved real property used or occupied, or intended to be used or occupied, for residential purposes, including a single-family home, multifamily home, apartment, or condominium.(4) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(5) Qualified taxpayer means a taxpayer that owns and operates, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees.(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 17059.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.SEC. 3. For purposes of complying with Section 41 of the Revenue and Taxation Code, the Legislature declares the following with respect to Sections 17059 and 23659 of the Revenue and Taxation Code, as added by this act, hereafter referred to as the tax credits:(a) The specific goal, purpose, and objective that the tax credits will achieve is to provide necessary economic relief to taxpayers that own and operate businesses that have been heavily impacted by the COVID-19 pandemic.(b) A Detailed performance indicator for the Legislature to use in determining whether the tax credits allowed by this act meet that goal, purpose, and objective is the number of taxpayers claiming the tax credits and the type of businesses claiming the credits.(c) The Legislative Analysts Office shall, by December 1, 2022, collaborate with the Franchise Tax Board to review the effectiveness of the tax credits. The office shall report its findings to the Legislature in compliance with Section 9795 of the Government Code.(1) To assist the Legislature in determining whether the tax credits allowed by this act meet the goal, purpose, and objective specified in subdivision (a), and in carrying out their duties under subdivision (c), the Legislative Analysts Office may request information from the Franchise Tax Board.(2) Notwithstanding Section 19542 of the Revenue and Taxation Code, the Franchise Tax Board shall provide any data requested by the Legislative Analysts Office pursuant to this subdivision.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.SECTION 1.Section 17028 of the Revenue and Taxation Code is amended to read:17028.The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 17059 is added to the Revenue and Taxation Code, to read:17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___).(b) For purposes of this section, all of the following definitions apply:(1) Bar means any retail establishment that prepares, serves, and vends alcoholic beverages and holds any of the following license types under Section 23320 of the Business and Professions Code: 40, 41, 42, 47, 48, 49, 50, 52, 57, 59, 60, 61, 68, 70, 75, and 80.(2) Hotel means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but not a residential hotel, as defined in Section 50519 of the Health and Safety Code. Hotel shall not include any short-term rentals on residential property.(3) Residential property means improved real property used or occupied, or intended to be used or occupied, for residential purposes, including a single-family home, multifamily home, apartment, or condominium.(4) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(5) Qualified taxpayer means a taxpayer that owns and operates, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees.(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 23659.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
SECTION 1. Section 17059 is added to the Revenue and Taxation Code, to read:
### SECTION 1.
17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___).(b) For purposes of this section, all of the following definitions apply:(1) Bar means any retail establishment that prepares, serves, and vends alcoholic beverages and holds any of the following license types under Section 23320 of the Business and Professions Code: 40, 41, 42, 47, 48, 49, 50, 52, 57, 59, 60, 61, 68, 70, 75, and 80.(2) Hotel means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but not a residential hotel, as defined in Section 50519 of the Health and Safety Code. Hotel shall not include any short-term rentals on residential property.(3) Residential property means improved real property used or occupied, or intended to be used or occupied, for residential purposes, including a single-family home, multifamily home, apartment, or condominium.(4) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(5) Qualified taxpayer means a taxpayer that owns and operates, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees.(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 23659.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___).(b) For purposes of this section, all of the following definitions apply:(1) Bar means any retail establishment that prepares, serves, and vends alcoholic beverages and holds any of the following license types under Section 23320 of the Business and Professions Code: 40, 41, 42, 47, 48, 49, 50, 52, 57, 59, 60, 61, 68, 70, 75, and 80.(2) Hotel means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but not a residential hotel, as defined in Section 50519 of the Health and Safety Code. Hotel shall not include any short-term rentals on residential property.(3) Residential property means improved real property used or occupied, or intended to be used or occupied, for residential purposes, including a single-family home, multifamily home, apartment, or condominium.(4) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(5) Qualified taxpayer means a taxpayer that owns and operates, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees.(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 23659.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___).(b) For purposes of this section, all of the following definitions apply:(1) Bar means any retail establishment that prepares, serves, and vends alcoholic beverages and holds any of the following license types under Section 23320 of the Business and Professions Code: 40, 41, 42, 47, 48, 49, 50, 52, 57, 59, 60, 61, 68, 70, 75, and 80.(2) Hotel means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but not a residential hotel, as defined in Section 50519 of the Health and Safety Code. Hotel shall not include any short-term rentals on residential property.(3) Residential property means improved real property used or occupied, or intended to be used or occupied, for residential purposes, including a single-family home, multifamily home, apartment, or condominium.(4) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(5) Qualified taxpayer means a taxpayer that owns and operates, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees.(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 23659.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___).
(b) For purposes of this section, all of the following definitions apply:
(1) Bar means any retail establishment that prepares, serves, and vends alcoholic beverages and holds any of the following license types under Section 23320 of the Business and Professions Code: 40, 41, 42, 47, 48, 49, 50, 52, 57, 59, 60, 61, 68, 70, 75, and 80.
(2) Hotel means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but not a residential hotel, as defined in Section 50519 of the Health and Safety Code. Hotel shall not include any short-term rentals on residential property.
(3) Residential property means improved real property used or occupied, or intended to be used or occupied, for residential purposes, including a single-family home, multifamily home, apartment, or condominium.
(4) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.
(5) Qualified taxpayer means a taxpayer that owns and operates, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees.
(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 23659.
(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
SEC. 2. Section 23659 is added to the Revenue and Taxation Code, to read:23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___).(b) For purposes of this section, all of the following definitions apply:(1) Bar means any retail establishment that prepares, serves, and vends alcoholic beverages and holds any of the following license types under Section 23320 of the Business and Professions Code: 40, 41, 42, 47, 48, 49, 50, 52, 57, 59, 60, 61, 68, 70, 75, and 80.(2) Hotel means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but not a residential hotel, as defined in Section 50519 of the Health and Safety Code. Hotel shall not include any short-term rentals on residential property.(3) Residential property means improved real property used or occupied, or intended to be used or occupied, for residential purposes, including a single-family home, multifamily home, apartment, or condominium.(4) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(5) Qualified taxpayer means a taxpayer that owns and operates, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees.(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 17059.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
SEC. 2. Section 23659 is added to the Revenue and Taxation Code, to read:
### SEC. 2.
23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___).(b) For purposes of this section, all of the following definitions apply:(1) Bar means any retail establishment that prepares, serves, and vends alcoholic beverages and holds any of the following license types under Section 23320 of the Business and Professions Code: 40, 41, 42, 47, 48, 49, 50, 52, 57, 59, 60, 61, 68, 70, 75, and 80.(2) Hotel means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but not a residential hotel, as defined in Section 50519 of the Health and Safety Code. Hotel shall not include any short-term rentals on residential property.(3) Residential property means improved real property used or occupied, or intended to be used or occupied, for residential purposes, including a single-family home, multifamily home, apartment, or condominium.(4) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(5) Qualified taxpayer means a taxpayer that owns and operates, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees.(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 17059.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___).(b) For purposes of this section, all of the following definitions apply:(1) Bar means any retail establishment that prepares, serves, and vends alcoholic beverages and holds any of the following license types under Section 23320 of the Business and Professions Code: 40, 41, 42, 47, 48, 49, 50, 52, 57, 59, 60, 61, 68, 70, 75, and 80.(2) Hotel means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but not a residential hotel, as defined in Section 50519 of the Health and Safety Code. Hotel shall not include any short-term rentals on residential property.(3) Residential property means improved real property used or occupied, or intended to be used or occupied, for residential purposes, including a single-family home, multifamily home, apartment, or condominium.(4) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(5) Qualified taxpayer means a taxpayer that owns and operates, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees.(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 17059.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___).(b) For purposes of this section, all of the following definitions apply:(1) Bar means any retail establishment that prepares, serves, and vends alcoholic beverages and holds any of the following license types under Section 23320 of the Business and Professions Code: 40, 41, 42, 47, 48, 49, 50, 52, 57, 59, 60, 61, 68, 70, 75, and 80.(2) Hotel means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but not a residential hotel, as defined in Section 50519 of the Health and Safety Code. Hotel shall not include any short-term rentals on residential property.(3) Residential property means improved real property used or occupied, or intended to be used or occupied, for residential purposes, including a single-family home, multifamily home, apartment, or condominium.(4) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(5) Qualified taxpayer means a taxpayer that owns and operates, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees.(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 17059.(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___).
(b) For purposes of this section, all of the following definitions apply:
(1) Bar means any retail establishment that prepares, serves, and vends alcoholic beverages and holds any of the following license types under Section 23320 of the Business and Professions Code: 40, 41, 42, 47, 48, 49, 50, 52, 57, 59, 60, 61, 68, 70, 75, and 80.
(2) Hotel means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but not a residential hotel, as defined in Section 50519 of the Health and Safety Code. Hotel shall not include any short-term rentals on residential property.
(3) Residential property means improved real property used or occupied, or intended to be used or occupied, for residential purposes, including a single-family home, multifamily home, apartment, or condominium.
(4) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.
(5) Qualified taxpayer means a taxpayer that owns and operates, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees.
(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 17059.
(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
SEC. 3. For purposes of complying with Section 41 of the Revenue and Taxation Code, the Legislature declares the following with respect to Sections 17059 and 23659 of the Revenue and Taxation Code, as added by this act, hereafter referred to as the tax credits:(a) The specific goal, purpose, and objective that the tax credits will achieve is to provide necessary economic relief to taxpayers that own and operate businesses that have been heavily impacted by the COVID-19 pandemic.(b) A Detailed performance indicator for the Legislature to use in determining whether the tax credits allowed by this act meet that goal, purpose, and objective is the number of taxpayers claiming the tax credits and the type of businesses claiming the credits.(c) The Legislative Analysts Office shall, by December 1, 2022, collaborate with the Franchise Tax Board to review the effectiveness of the tax credits. The office shall report its findings to the Legislature in compliance with Section 9795 of the Government Code.(1) To assist the Legislature in determining whether the tax credits allowed by this act meet the goal, purpose, and objective specified in subdivision (a), and in carrying out their duties under subdivision (c), the Legislative Analysts Office may request information from the Franchise Tax Board.(2) Notwithstanding Section 19542 of the Revenue and Taxation Code, the Franchise Tax Board shall provide any data requested by the Legislative Analysts Office pursuant to this subdivision.
SEC. 3. For purposes of complying with Section 41 of the Revenue and Taxation Code, the Legislature declares the following with respect to Sections 17059 and 23659 of the Revenue and Taxation Code, as added by this act, hereafter referred to as the tax credits:(a) The specific goal, purpose, and objective that the tax credits will achieve is to provide necessary economic relief to taxpayers that own and operate businesses that have been heavily impacted by the COVID-19 pandemic.(b) A Detailed performance indicator for the Legislature to use in determining whether the tax credits allowed by this act meet that goal, purpose, and objective is the number of taxpayers claiming the tax credits and the type of businesses claiming the credits.(c) The Legislative Analysts Office shall, by December 1, 2022, collaborate with the Franchise Tax Board to review the effectiveness of the tax credits. The office shall report its findings to the Legislature in compliance with Section 9795 of the Government Code.(1) To assist the Legislature in determining whether the tax credits allowed by this act meet the goal, purpose, and objective specified in subdivision (a), and in carrying out their duties under subdivision (c), the Legislative Analysts Office may request information from the Franchise Tax Board.(2) Notwithstanding Section 19542 of the Revenue and Taxation Code, the Franchise Tax Board shall provide any data requested by the Legislative Analysts Office pursuant to this subdivision.
SEC. 3. For purposes of complying with Section 41 of the Revenue and Taxation Code, the Legislature declares the following with respect to Sections 17059 and 23659 of the Revenue and Taxation Code, as added by this act, hereafter referred to as the tax credits:
### SEC. 3.
(a) The specific goal, purpose, and objective that the tax credits will achieve is to provide necessary economic relief to taxpayers that own and operate businesses that have been heavily impacted by the COVID-19 pandemic.
(b) A Detailed performance indicator for the Legislature to use in determining whether the tax credits allowed by this act meet that goal, purpose, and objective is the number of taxpayers claiming the tax credits and the type of businesses claiming the credits.
(c) The Legislative Analysts Office shall, by December 1, 2022, collaborate with the Franchise Tax Board to review the effectiveness of the tax credits. The office shall report its findings to the Legislature in compliance with Section 9795 of the Government Code.
(1) To assist the Legislature in determining whether the tax credits allowed by this act meet the goal, purpose, and objective specified in subdivision (a), and in carrying out their duties under subdivision (c), the Legislative Analysts Office may request information from the Franchise Tax Board.
(2) Notwithstanding Section 19542 of the Revenue and Taxation Code, the Franchise Tax Board shall provide any data requested by the Legislative Analysts Office pursuant to this subdivision.
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.
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.
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.
### SEC. 4.
The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments.