California 2021-2022 Regular Session

California Senate Bill SB408 Compare Versions

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1-Amended IN Senate April 29, 2021 Amended IN Senate March 10, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 408Introduced by Senator MinFebruary 12, 2021An 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. Income and corporation 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, 2027, would allow a credit against those taxes to a qualified taxpayer in an unspecified amount. the amount of $10,000. The bill would define a qualified taxpayer as a taxpayer that owned and operated, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, owns and operates a bar, hotel, or restaurant that employs 50 or fewer employees. The that meets specified requirements, including that the taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order, as defined. The bill would require a qualified taxpayer claiming the credit to declare, under penalty of perjury, that they complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board. By expanding the crime of perjury, the bill would impose a state-mandated local program. This bill would include additional information required for any bill authorizing a new income tax credit.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.This bill would take effect immediately as a tax levy.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17059 is added to the Revenue and Taxation Code, to read:17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, 2027, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___). ten thousand dollars ($10,000).(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) Emergency order means any order issued by the Governor pursuant to the Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), by any state agency, or by any local government that requires the closure of businesses in response to a state of emergency.(2)(3) 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)(4) 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)(5) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(6) State of emergency means a state of emergency proclaimed by the Governor pursuant to Article 13 (commencing with Section 8625) of Chapter 7 of Division 1 of Title 2 of the Government Code.(5)(7) 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, operates a bar, hotel, or restaurant that employs 50 or fewer employees. for which all of the following apply:(A) The operation of the bar, hotel, or restaurant requires substantial in-person contact to conduct its business operations.(B) The taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order.(C) The taxpayer had gross receipts of five million dollars ($5,000,000) or less during the taxable year that it temporarily ceased business operations, as described in subparagraph (B).(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 23659.(d) A qualified taxpayer claiming a credit allowed by this section shall declare, under penalty of perjury, that the qualified taxpayer has complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board.(e) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and the succeeding six years if necessary, until the credit is exhausted.(d)(f) This section shall remain in effect only until December 1, 2022, 2027, and as of that date is repealed. However, any unused credit may continue to be carried forward, as provided in subdivision (e), until the credit is exhausted.SEC. 2. Section 23659 is added to the Revenue and Taxation Code, to read:23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, 2027, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___). ten thousand dollars ($10,000).(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) Emergency order means any order issued by the Governor pursuant to the Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), by any state agency, or by any local government that requires the closure of businesses in response to a state of emergency.(2)(3) 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)(4) 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)(5) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(6) State of emergency means a state of emergency proclaimed by the Governor pursuant to Article 13 (commencing with Section 8625) of Chapter 7 of Division 1 of Title 2 of the Government Code.(5)(7) 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, operates a bar, hotel, or restaurant that employs 50 or fewer employees. for which all of the following apply:(A) The operation of the bar, hotel, or restaurant requires substantial in-person contact to conduct its business operations.(B) The taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order.(C) The taxpayer had gross receipts of five million dollars ($5,000,000) or less during the taxable year that it temporarily ceased business operations, as described in subparagraph (B).(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 17059.(d) A qualified taxpayer claiming a credit allowed by this section shall declare, under penalty of perjury, that the qualified taxpayer has complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board.(e) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year, and the succeeding six years if necessary, until the credit is exhausted.(d)(f) This section shall remain in effect only until December 1, 2022, 2027, and as of that date is repealed. However, any unused credit may continue to be carried forward, as provided in subdivision (e), until the credit is exhausted.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 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. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 4.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.
1+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.
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3- Amended IN Senate April 29, 2021 Amended IN Senate March 10, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 408Introduced by Senator MinFebruary 12, 2021An 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. Income and corporation 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, 2027, would allow a credit against those taxes to a qualified taxpayer in an unspecified amount. the amount of $10,000. 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, owns and operates a bar, hotel, or restaurant that employs 50 or fewer employees. The that meets specified requirements, including that the taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order, as defined. The bill would require a qualified taxpayer claiming the credit to declare, under penalty of perjury, that they complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board. By expanding the crime of perjury, the bill would impose a state-mandated local program. This bill would include additional information required for any bill authorizing a new income tax credit.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.This bill would take effect immediately as a tax levy.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES
3+ 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
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5- Amended IN Senate April 29, 2021 Amended IN Senate March 10, 2021
5+ Amended IN Senate March 10, 2021
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7-Amended IN Senate April 29, 2021
87 Amended IN Senate March 10, 2021
98
109 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
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1211 Senate Bill
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1413 No. 408
1514
1615 Introduced by Senator MinFebruary 12, 2021
1716
1817 Introduced by Senator Min
1918 February 12, 2021
2019
21-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.
20+ 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.
2221
2322 LEGISLATIVE COUNSEL'S DIGEST
2423
2524 ## LEGISLATIVE COUNSEL'S DIGEST
2625
27-SB 408, as amended, Min. Income and corporation taxes: credits: restaurants, bars, and hotels.
26+SB 408, as amended, Min. Taxation. Income taxes: credits: restaurants, bars, and hotels.
2827
29-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, 2027, would allow a credit against those taxes to a qualified taxpayer in an unspecified amount. the amount of $10,000. 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, owns and operates a bar, hotel, or restaurant that employs 50 or fewer employees. The that meets specified requirements, including that the taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order, as defined. The bill would require a qualified taxpayer claiming the credit to declare, under penalty of perjury, that they complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board. By expanding the crime of perjury, the bill would impose a state-mandated local program. This bill would include additional information required for any bill authorizing a new income tax credit.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.This bill would take effect immediately as a tax levy.
28+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.
3029
3130 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.
3231
33-This bill, for taxable years beginning on or after January 1, 2021, and before January 1, 2022, 2027, would allow a credit against those taxes to a qualified taxpayer in an unspecified amount. the amount of $10,000. 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, owns and operates a bar, hotel, or restaurant that employs 50 or fewer employees. The that meets specified requirements, including that the taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order, as defined. The bill would require a qualified taxpayer claiming the credit to declare, under penalty of perjury, that they complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board. By expanding the crime of perjury, the bill would impose a state-mandated local program.
34-
35- This bill would include additional information required for any bill authorizing a new income tax credit.
36-
37-The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
38-
39-This bill would provide that no reimbursement is required by this act for a specified reason.
32+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.
4033
4134 This bill would take effect immediately as a tax levy.
35+
36+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.
37+
38+
39+
40+This bill would make nonsubstantive changes to that provision.
41+
42+
4243
4344 ## Digest Key
4445
4546 ## Bill Text
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47-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, 2027, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___). ten thousand dollars ($10,000).(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) Emergency order means any order issued by the Governor pursuant to the Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), by any state agency, or by any local government that requires the closure of businesses in response to a state of emergency.(2)(3) 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)(4) 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)(5) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(6) State of emergency means a state of emergency proclaimed by the Governor pursuant to Article 13 (commencing with Section 8625) of Chapter 7 of Division 1 of Title 2 of the Government Code.(5)(7) 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, operates a bar, hotel, or restaurant that employs 50 or fewer employees. for which all of the following apply:(A) The operation of the bar, hotel, or restaurant requires substantial in-person contact to conduct its business operations.(B) The taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order.(C) The taxpayer had gross receipts of five million dollars ($5,000,000) or less during the taxable year that it temporarily ceased business operations, as described in subparagraph (B).(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 23659.(d) A qualified taxpayer claiming a credit allowed by this section shall declare, under penalty of perjury, that the qualified taxpayer has complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board.(e) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and the succeeding six years if necessary, until the credit is exhausted.(d)(f) This section shall remain in effect only until December 1, 2022, 2027, and as of that date is repealed. However, any unused credit may continue to be carried forward, as provided in subdivision (e), until the credit is exhausted.SEC. 2. Section 23659 is added to the Revenue and Taxation Code, to read:23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, 2027, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___). ten thousand dollars ($10,000).(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) Emergency order means any order issued by the Governor pursuant to the Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), by any state agency, or by any local government that requires the closure of businesses in response to a state of emergency.(2)(3) 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)(4) 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)(5) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(6) State of emergency means a state of emergency proclaimed by the Governor pursuant to Article 13 (commencing with Section 8625) of Chapter 7 of Division 1 of Title 2 of the Government Code.(5)(7) 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, operates a bar, hotel, or restaurant that employs 50 or fewer employees. for which all of the following apply:(A) The operation of the bar, hotel, or restaurant requires substantial in-person contact to conduct its business operations.(B) The taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order.(C) The taxpayer had gross receipts of five million dollars ($5,000,000) or less during the taxable year that it temporarily ceased business operations, as described in subparagraph (B).(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 17059.(d) A qualified taxpayer claiming a credit allowed by this section shall declare, under penalty of perjury, that the qualified taxpayer has complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board.(e) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year, and the succeeding six years if necessary, until the credit is exhausted.(d)(f) This section shall remain in effect only until December 1, 2022, 2027, and as of that date is repealed. However, any unused credit may continue to be carried forward, as provided in subdivision (e), until the credit is exhausted.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 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. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 4.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.
48+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.
4849
4950 The people of the State of California do enact as follows:
5051
5152 ## The people of the State of California do enact as follows:
5253
53-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, 2027, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___). ten thousand dollars ($10,000).(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) Emergency order means any order issued by the Governor pursuant to the Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), by any state agency, or by any local government that requires the closure of businesses in response to a state of emergency.(2)(3) 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)(4) 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)(5) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(6) State of emergency means a state of emergency proclaimed by the Governor pursuant to Article 13 (commencing with Section 8625) of Chapter 7 of Division 1 of Title 2 of the Government Code.(5)(7) 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, operates a bar, hotel, or restaurant that employs 50 or fewer employees. for which all of the following apply:(A) The operation of the bar, hotel, or restaurant requires substantial in-person contact to conduct its business operations.(B) The taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order.(C) The taxpayer had gross receipts of five million dollars ($5,000,000) or less during the taxable year that it temporarily ceased business operations, as described in subparagraph (B).(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 23659.(d) A qualified taxpayer claiming a credit allowed by this section shall declare, under penalty of perjury, that the qualified taxpayer has complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board.(e) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and the succeeding six years if necessary, until the credit is exhausted.(d)(f) This section shall remain in effect only until December 1, 2022, 2027, and as of that date is repealed. However, any unused credit may continue to be carried forward, as provided in subdivision (e), until the credit is exhausted.
54+SECTION 1. Section 17059 is added to the Revenue and Taxation Code, to read:17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___).(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.
5455
5556 SECTION 1. Section 17059 is added to the Revenue and Taxation Code, to read:
5657
5758 ### SECTION 1.
5859
59-17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, 2027, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___). ten thousand dollars ($10,000).(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) Emergency order means any order issued by the Governor pursuant to the Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), by any state agency, or by any local government that requires the closure of businesses in response to a state of emergency.(2)(3) 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)(4) 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)(5) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(6) State of emergency means a state of emergency proclaimed by the Governor pursuant to Article 13 (commencing with Section 8625) of Chapter 7 of Division 1 of Title 2 of the Government Code.(5)(7) 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, operates a bar, hotel, or restaurant that employs 50 or fewer employees. for which all of the following apply:(A) The operation of the bar, hotel, or restaurant requires substantial in-person contact to conduct its business operations.(B) The taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order.(C) The taxpayer had gross receipts of five million dollars ($5,000,000) or less during the taxable year that it temporarily ceased business operations, as described in subparagraph (B).(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 23659.(d) A qualified taxpayer claiming a credit allowed by this section shall declare, under penalty of perjury, that the qualified taxpayer has complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board.(e) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and the succeeding six years if necessary, until the credit is exhausted.(d)(f) This section shall remain in effect only until December 1, 2022, 2027, and as of that date is repealed. However, any unused credit may continue to be carried forward, as provided in subdivision (e), until the credit is exhausted.
60+17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___).(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.
6061
61-17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, 2027, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___). ten thousand dollars ($10,000).(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) Emergency order means any order issued by the Governor pursuant to the Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), by any state agency, or by any local government that requires the closure of businesses in response to a state of emergency.(2)(3) 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)(4) 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)(5) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(6) State of emergency means a state of emergency proclaimed by the Governor pursuant to Article 13 (commencing with Section 8625) of Chapter 7 of Division 1 of Title 2 of the Government Code.(5)(7) 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, operates a bar, hotel, or restaurant that employs 50 or fewer employees. for which all of the following apply:(A) The operation of the bar, hotel, or restaurant requires substantial in-person contact to conduct its business operations.(B) The taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order.(C) The taxpayer had gross receipts of five million dollars ($5,000,000) or less during the taxable year that it temporarily ceased business operations, as described in subparagraph (B).(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 23659.(d) A qualified taxpayer claiming a credit allowed by this section shall declare, under penalty of perjury, that the qualified taxpayer has complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board.(e) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and the succeeding six years if necessary, until the credit is exhausted.(d)(f) This section shall remain in effect only until December 1, 2022, 2027, and as of that date is repealed. However, any unused credit may continue to be carried forward, as provided in subdivision (e), until the credit is exhausted.
62+17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___).(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.
6263
63-17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, 2027, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___). ten thousand dollars ($10,000).(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) Emergency order means any order issued by the Governor pursuant to the Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), by any state agency, or by any local government that requires the closure of businesses in response to a state of emergency.(2)(3) 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)(4) 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)(5) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(6) State of emergency means a state of emergency proclaimed by the Governor pursuant to Article 13 (commencing with Section 8625) of Chapter 7 of Division 1 of Title 2 of the Government Code.(5)(7) 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, operates a bar, hotel, or restaurant that employs 50 or fewer employees. for which all of the following apply:(A) The operation of the bar, hotel, or restaurant requires substantial in-person contact to conduct its business operations.(B) The taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order.(C) The taxpayer had gross receipts of five million dollars ($5,000,000) or less during the taxable year that it temporarily ceased business operations, as described in subparagraph (B).(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 23659.(d) A qualified taxpayer claiming a credit allowed by this section shall declare, under penalty of perjury, that the qualified taxpayer has complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board.(e) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and the succeeding six years if necessary, until the credit is exhausted.(d)(f) This section shall remain in effect only until December 1, 2022, 2027, and as of that date is repealed. However, any unused credit may continue to be carried forward, as provided in subdivision (e), until the credit is exhausted.
64+17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___).(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.
6465
6566
6667
67-17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, 2027, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___). ten thousand dollars ($10,000).
68+17059. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the net tax, as defined in Section 17039, to a qualified taxpayer in the amount of ___ ($___).
6869
6970 (b) For purposes of this section, all of the following definitions apply:
7071
7172 (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.
7273
73-(2) Emergency order means any order issued by the Governor pursuant to the Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), by any state agency, or by any local government that requires the closure of businesses in response to a state of emergency.
74+(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.
7475
75-(2)
76+(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.
7677
78+(4) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.
7779
78-
79-(3) 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.
80-
81-(3)
82-
83-
84-
85-(4) 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.
86-
87-(4)
88-
89-
90-
91-(5) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.
92-
93-(6) State of emergency means a state of emergency proclaimed by the Governor pursuant to Article 13 (commencing with Section 8625) of Chapter 7 of Division 1 of Title 2 of the Government Code.
94-
95-(5)
96-
97-
98-
99-(7) 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, operates a bar, hotel, or restaurant that employs 50 or fewer employees. for which all of the following apply:
100-
101-(A) The operation of the bar, hotel, or restaurant requires substantial in-person contact to conduct its business operations.
102-
103-(B) The taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order.
104-
105-(C) The taxpayer had gross receipts of five million dollars ($5,000,000) or less during the taxable year that it temporarily ceased business operations, as described in subparagraph (B).
80+(5) Qualified taxpayer means a taxpayer that owns and operates, in any taxable year beginning on or after January 1, 2021, and before January 1, 2022, a bar, hotel, or restaurant that employs 50 or fewer employees.
10681
10782 (c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 23659.
10883
109-(d) A qualified taxpayer claiming a credit allowed by this section shall declare, under penalty of perjury, that the qualified taxpayer has complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board.
84+(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
11085
111-(e) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and the succeeding six years if necessary, until the credit is exhausted.
112-
113-(d)
114-
115-
116-
117-(f) This section shall remain in effect only until December 1, 2022, 2027, and as of that date is repealed. However, any unused credit may continue to be carried forward, as provided in subdivision (e), until the credit is exhausted.
118-
119-SEC. 2. Section 23659 is added to the Revenue and Taxation Code, to read:23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, 2027, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___). ten thousand dollars ($10,000).(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) Emergency order means any order issued by the Governor pursuant to the Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), by any state agency, or by any local government that requires the closure of businesses in response to a state of emergency.(2)(3) 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)(4) 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)(5) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(6) State of emergency means a state of emergency proclaimed by the Governor pursuant to Article 13 (commencing with Section 8625) of Chapter 7 of Division 1 of Title 2 of the Government Code.(5)(7) 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, operates a bar, hotel, or restaurant that employs 50 or fewer employees. for which all of the following apply:(A) The operation of the bar, hotel, or restaurant requires substantial in-person contact to conduct its business operations.(B) The taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order.(C) The taxpayer had gross receipts of five million dollars ($5,000,000) or less during the taxable year that it temporarily ceased business operations, as described in subparagraph (B).(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 17059.(d) A qualified taxpayer claiming a credit allowed by this section shall declare, under penalty of perjury, that the qualified taxpayer has complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board.(e) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year, and the succeeding six years if necessary, until the credit is exhausted.(d)(f) This section shall remain in effect only until December 1, 2022, 2027, and as of that date is repealed. However, any unused credit may continue to be carried forward, as provided in subdivision (e), until the credit is exhausted.
86+SEC. 2. Section 23659 is added to the Revenue and Taxation Code, to read:23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___).(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.
12087
12188 SEC. 2. Section 23659 is added to the Revenue and Taxation Code, to read:
12289
12390 ### SEC. 2.
12491
125-23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, 2027, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___). ten thousand dollars ($10,000).(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) Emergency order means any order issued by the Governor pursuant to the Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), by any state agency, or by any local government that requires the closure of businesses in response to a state of emergency.(2)(3) 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)(4) 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)(5) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(6) State of emergency means a state of emergency proclaimed by the Governor pursuant to Article 13 (commencing with Section 8625) of Chapter 7 of Division 1 of Title 2 of the Government Code.(5)(7) 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, operates a bar, hotel, or restaurant that employs 50 or fewer employees. for which all of the following apply:(A) The operation of the bar, hotel, or restaurant requires substantial in-person contact to conduct its business operations.(B) The taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order.(C) The taxpayer had gross receipts of five million dollars ($5,000,000) or less during the taxable year that it temporarily ceased business operations, as described in subparagraph (B).(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 17059.(d) A qualified taxpayer claiming a credit allowed by this section shall declare, under penalty of perjury, that the qualified taxpayer has complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board.(e) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year, and the succeeding six years if necessary, until the credit is exhausted.(d)(f) This section shall remain in effect only until December 1, 2022, 2027, and as of that date is repealed. However, any unused credit may continue to be carried forward, as provided in subdivision (e), until the credit is exhausted.
92+23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___).(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.
12693
127-23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, 2027, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___). ten thousand dollars ($10,000).(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) Emergency order means any order issued by the Governor pursuant to the Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), by any state agency, or by any local government that requires the closure of businesses in response to a state of emergency.(2)(3) 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)(4) 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)(5) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(6) State of emergency means a state of emergency proclaimed by the Governor pursuant to Article 13 (commencing with Section 8625) of Chapter 7 of Division 1 of Title 2 of the Government Code.(5)(7) 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, operates a bar, hotel, or restaurant that employs 50 or fewer employees. for which all of the following apply:(A) The operation of the bar, hotel, or restaurant requires substantial in-person contact to conduct its business operations.(B) The taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order.(C) The taxpayer had gross receipts of five million dollars ($5,000,000) or less during the taxable year that it temporarily ceased business operations, as described in subparagraph (B).(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 17059.(d) A qualified taxpayer claiming a credit allowed by this section shall declare, under penalty of perjury, that the qualified taxpayer has complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board.(e) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year, and the succeeding six years if necessary, until the credit is exhausted.(d)(f) This section shall remain in effect only until December 1, 2022, 2027, and as of that date is repealed. However, any unused credit may continue to be carried forward, as provided in subdivision (e), until the credit is exhausted.
94+23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___).(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.
12895
129-23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, 2027, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___). ten thousand dollars ($10,000).(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) Emergency order means any order issued by the Governor pursuant to the Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), by any state agency, or by any local government that requires the closure of businesses in response to a state of emergency.(2)(3) 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)(4) 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)(5) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.(6) State of emergency means a state of emergency proclaimed by the Governor pursuant to Article 13 (commencing with Section 8625) of Chapter 7 of Division 1 of Title 2 of the Government Code.(5)(7) 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, operates a bar, hotel, or restaurant that employs 50 or fewer employees. for which all of the following apply:(A) The operation of the bar, hotel, or restaurant requires substantial in-person contact to conduct its business operations.(B) The taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order.(C) The taxpayer had gross receipts of five million dollars ($5,000,000) or less during the taxable year that it temporarily ceased business operations, as described in subparagraph (B).(c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 17059.(d) A qualified taxpayer claiming a credit allowed by this section shall declare, under penalty of perjury, that the qualified taxpayer has complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board.(e) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year, and the succeeding six years if necessary, until the credit is exhausted.(d)(f) This section shall remain in effect only until December 1, 2022, 2027, and as of that date is repealed. However, any unused credit may continue to be carried forward, as provided in subdivision (e), until the credit is exhausted.
96+23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___).(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.
13097
13198
13299
133-23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, 2027, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___). ten thousand dollars ($10,000).
100+23659. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, there shall be allowed as a credit against the tax, as defined in Section 23036, to a qualified taxpayer in the amount of ___ ($___).
134101
135102 (b) For purposes of this section, all of the following definitions apply:
136103
137104 (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.
138105
139-(2) Emergency order means any order issued by the Governor pursuant to the Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), by any state agency, or by any local government that requires the closure of businesses in response to a state of emergency.
106+(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.
140107
141-(2)
108+(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.
142109
110+(4) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.
143111
144-
145-(3) 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.
146-
147-(3)
148-
149-
150-
151-(4) 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.
152-
153-(4)
154-
155-
156-
157-(5) Restaurant means a retail food establishment that prepares, serves, and vends food directly to the consumer.
158-
159-(6) State of emergency means a state of emergency proclaimed by the Governor pursuant to Article 13 (commencing with Section 8625) of Chapter 7 of Division 1 of Title 2 of the Government Code.
160-
161-(5)
162-
163-
164-
165-(7) 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, operates a bar, hotel, or restaurant that employs 50 or fewer employees. for which all of the following apply:
166-
167-(A) The operation of the bar, hotel, or restaurant requires substantial in-person contact to conduct its business operations.
168-
169-(B) The taxpayer temporarily ceased business operations for the bar, hotel, or restaurant for at least 30 consecutive days during the 2020 or 2021 taxable year in response to an emergency order.
170-
171-(C) The taxpayer had gross receipts of five million dollars ($5,000,000) or less during the taxable year that it temporarily ceased business operations, as described in subparagraph (B).
112+(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.
172113
173114 (c) A qualified taxpayer claiming a credit pursuant to this section shall not be eligible for the credit under Section 17059.
174115
175-(d) A qualified taxpayer claiming a credit allowed by this section shall declare, under penalty of perjury, that the qualified taxpayer has complied with all applicable emergency orders, in the form and manner prescribed by the Franchise Tax Board.
116+(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.
176117
177-(e) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year, and the succeeding six years if necessary, until the credit is exhausted.
118+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.
178119
179-(d)
180-
181-
182-
183-(f) This section shall remain in effect only until December 1, 2022, 2027, and as of that date is repealed. However, any unused credit may continue to be carried forward, as provided in subdivision (e), until the credit is exhausted.
184-
185-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 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.
186-
187-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 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.
120+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.
188121
189122 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:
190123
191124 ### SEC. 3.
192125
193126 (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.
194127
195-(b) A Detailed 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.
128+(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.
196129
197130 (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.
198131
199132 (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.
200133
201134 (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.
202135
203-SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
136+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.
204137
205-SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
138+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.
206139
207-SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
140+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.
208141
209142 ### SEC. 4.
210143
211-SEC. 4.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.
212144
213-SEC. 4.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.
214145
215-SEC. 4.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.
216146
217-### SEC. 4.SEC. 5.
147+
148+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.