| Old | New | Differences | |
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| 1 | + | Amended IN Senate August 15, 2024 Amended IN Senate June 15, 2023 Amended IN Assembly April 19, 2023 Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 52Introduced by Assembly Member Grayson(Coauthors: Assembly Members Gipson, Pacheco, Petrie-Norris, and Valencia)December 05, 2022An act to add and repeal Sections 17053.90 and 23623 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.LEGISLATIVE COUNSEL'S DIGESTAB 52, as amended, Grayson. Income tax credit: sales and use taxes paid: manufacturing equipment: research and development equipment.Existing law, the Bradley-Burns Uniform Local Sales and Use Tax Law, authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are automatically incorporated into the local tax laws.Existing law, the Sales and Use Tax Law, imposes state taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property, as defined, that is, among other things, purchased by a qualified person for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified, or purchased for use by a qualified person to be used primarily in research and development. Existing law prohibits the exemption described above from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution.The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws.This bill would allow, for a taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a credit against those taxes to a taxpayer in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution.This bill would also allow for a taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a similar tax credit against those taxes to a taxpayer in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution.This bill would require, on or before May 14, 2025, and annually thereafter, the Department of Finance to provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits described above were allowed for that taxable year and would provide that those credits are allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of those credits.Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would make specified findings detailing the goal of the above-described tax credit, performance indicators for determining whether the credit meets that goal, and data collection requirements.This bill would take effect immediately as a tax levy.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Businesses conducting manufacturing or research and development activities are essential to the economic well-being of California and provide high-wage jobs for Californians. In recent years, many of these businesses have chosen to relocate operations to lower cost jurisdictions or expand outside of California.(b) California has the highest state-level sales tax rate among the 50 states in the United States, and after local rates are accounted for, sales and use tax rates in California can reach up to 10.75 percent.(c) Thirty-eight states fully exempt manufacturing equipment from sales and use tax. With Californias current partial exemption, taxpayers pay more to buy equipment in California than they would elsewhere, creating a competitive disadvantage for the state.SEC. 2. Section 17053.90 is added to the Revenue and Taxation Code, to read:17053.90. (a) (1) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a 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 succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For the purpose of complying with Section 41, the Legislature finds and declares the following with respect to the tax credits allowed by this section:(1) The specific goal that the credits will achieve is to encourage new and continued investment in California in the areas of manufacturing and research and development.(2) Detailed performance indicators for the Legislature to use in determining whether the credits meet that goal are as follows:(A) The total dollar amount of tax credits allowed pursuant to this section.(B) The number of taxpayers that were allowed a tax credit pursuant to this section.(3) (A) (i) The Legislative Analysts Office, on or before January 1, 2027, shall review the effectiveness of the credits allowed under this section and post the review on the offices internet website.(ii) Notwithstanding Section 19542, the Franchise Tax Board shall provide to the Legislative Analysts Office any data in its possession requested by the Legislative Analysts Office for the purpose of complying with clause (i).(B) The review required by this paragraph shall include, but not be limited to, an analysis of the demand for the credits and the economic impact of the credits.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(i)(2) This section shall remain in effect only until December 1, 2029, 2030, and as of that date is repealed.SEC. 3. Section 23623 is added to the Revenue and Taxation Code, to read:23623. (a) (1) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax, in the following taxable year, and succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For purposes of complying with Section 41, the goal, performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (h) of Section 17053.90.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(i)(2) This section shall remain in effect only until December 1, 2029, 2030, and as of that date is repealed.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. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate August 15, 2024 Amended IN Senate June 15, 2023 Amended IN Assembly April 19, 2023 Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 52Introduced by Assembly Member Grayson(Coauthors: Assembly Members Gipson, Pacheco, Petrie-Norris, and Valencia)December 05, 2022An act to add and repeal Sections 17053.90 and 23623 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.LEGISLATIVE COUNSEL'S DIGESTAB 52, as amended, Grayson. Income tax credit: sales and use taxes paid: manufacturing equipment: research and development equipment.Existing law, the Bradley-Burns Uniform Local Sales and Use Tax Law, authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are automatically incorporated into the local tax laws.Existing law, the Sales and Use Tax Law, imposes state taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property, as defined, that is, among other things, purchased by a qualified person for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified, or purchased for use by a qualified person to be used primarily in research and development. Existing law prohibits the exemption described above from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution.The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws.This bill would allow, for a taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a credit against those taxes to a taxpayer in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution.This bill would also allow for a taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a similar tax credit against those taxes to a taxpayer in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution.This bill would require, on or before May 14, 2025, and annually thereafter, the Department of Finance to provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits described above were allowed for that taxable year and would provide that those credits are allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of those credits.Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would make specified findings detailing the goal of the above-described tax credit, performance indicators for determining whether the credit meets that goal, and data collection requirements.This bill would take effect immediately as a tax levy.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate August 15, 2024 Amended IN Senate June 15, 2023 Amended IN Assembly April 19, 2023 Amended IN Assembly March 16, 2023 | |
| 6 | 6 | ||
| 7 | - | Enrolled September 03, 2024 | |
| 8 | - | Passed IN Senate August 28, 2024 | |
| 9 | - | Passed IN Assembly August 29, 2024 | |
| 10 | 7 | Amended IN Senate August 15, 2024 | |
| 11 | 8 | Amended IN Senate June 15, 2023 | |
| 12 | 9 | Amended IN Assembly April 19, 2023 | |
| 13 | 10 | Amended IN Assembly March 16, 2023 | |
| 14 | 11 | ||
| 15 | 12 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 16 | 13 | ||
| 17 | 14 | Assembly Bill | |
| 18 | 15 | ||
| 19 | 16 | No. 52 | |
| 20 | 17 | ||
| 21 | 18 | Introduced by Assembly Member Grayson(Coauthors: Assembly Members Gipson, Pacheco, Petrie-Norris, and Valencia)December 05, 2022 | |
| 22 | 19 | ||
| 23 | 20 | Introduced by Assembly Member Grayson(Coauthors: Assembly Members Gipson, Pacheco, Petrie-Norris, and Valencia) | |
| 24 | 21 | December 05, 2022 | |
| 25 | 22 | ||
| 26 | 23 | An act to add and repeal Sections 17053.90 and 23623 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. | |
| 27 | 24 | ||
| 28 | 25 | LEGISLATIVE COUNSEL'S DIGEST | |
| 29 | 26 | ||
| 30 | 27 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 31 | 28 | ||
| 32 | - | AB 52, Grayson. Income tax credit: sales and use taxes paid: manufacturing equipment: research and development equipment. | |
| 29 | + | AB 52, as amended, Grayson. Income tax credit: sales and use taxes paid: manufacturing equipment: research and development equipment. | |
| 33 | 30 | ||
| 34 | - | Existing law, the Bradley-Burns Uniform Local Sales and Use Tax Law, authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are automatically incorporated into the local tax laws.Existing law, the Sales and Use Tax Law, imposes state taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property, as defined, that is, among other things, purchased by a qualified person for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified, or purchased for use by a qualified person to be used primarily in research and development. Existing law prohibits the exemption described above from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution.The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws.This bill would allow, for a taxable year beginning on or after January 1, 2025, and before January 1, 2030, a credit against those taxes to a taxpayer in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution.This bill would also allow for a taxable year beginning on or after January 1, 2025, and before January 1, 2030, a similar tax credit against those taxes to a taxpayer in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution.This bill would require, on or before May 14, 2025, and annually thereafter, the Department of Finance to provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits described above were allowed for that taxable year and would provide that those credits are allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of those credits.Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would make specified findings detailing the goal of the above-described tax credit, performance indicators for determining whether the credit meets that goal, and data collection requirements.This bill would take effect immediately as a tax levy. | |
| 31 | + | Existing law, the Bradley-Burns Uniform Local Sales and Use Tax Law, authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are automatically incorporated into the local tax laws.Existing law, the Sales and Use Tax Law, imposes state taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property, as defined, that is, among other things, purchased by a qualified person for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified, or purchased for use by a qualified person to be used primarily in research and development. Existing law prohibits the exemption described above from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution.The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws.This bill would allow, for a taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a credit against those taxes to a taxpayer in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution.This bill would also allow for a taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a similar tax credit against those taxes to a taxpayer in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution.This bill would require, on or before May 14, 2025, and annually thereafter, the Department of Finance to provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits described above were allowed for that taxable year and would provide that those credits are allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of those credits.Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would make specified findings detailing the goal of the above-described tax credit, performance indicators for determining whether the credit meets that goal, and data collection requirements.This bill would take effect immediately as a tax levy. | |
| 35 | 32 | ||
| 36 | 33 | Existing law, the Bradley-Burns Uniform Local Sales and Use Tax Law, authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are automatically incorporated into the local tax laws. | |
| 37 | 34 | ||
| 38 | 35 | Existing law, the Sales and Use Tax Law, imposes state taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property, as defined, that is, among other things, purchased by a qualified person for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified, or purchased for use by a qualified person to be used primarily in research and development. Existing law prohibits the exemption described above from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution. | |
| 39 | 36 | ||
| 40 | 37 | The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. | |
| 41 | 38 | ||
| 42 | - | This bill would allow, for a taxable year beginning on or after January 1, 2025, and before January 1, 2030, a credit against those taxes to a taxpayer in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution. | |
| 39 | + | This bill would allow, for a taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a credit against those taxes to a taxpayer in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution. | |
| 43 | 40 | ||
| 44 | - | This bill would also allow for a taxable year beginning on or after January 1, 2025, and before January 1, 2030, a similar tax credit against those taxes to a taxpayer in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution. | |
| 41 | + | This bill would also allow for a taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a similar tax credit against those taxes to a taxpayer in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution. | |
| 45 | 42 | ||
| 46 | 43 | This bill would require, on or before May 14, 2025, and annually thereafter, the Department of Finance to provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits described above were allowed for that taxable year and would provide that those credits are allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of those credits. | |
| 47 | 44 | ||
| 48 | 45 | Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals that the tax credit will achieve, detailed performance indicators, and data collection requirements. | |
| 49 | 46 | ||
| 50 | 47 | This bill would make specified findings detailing the goal of the above-described tax credit, performance indicators for determining whether the credit meets that goal, and data collection requirements. | |
| 51 | 48 | ||
| 52 | 49 | This bill would take effect immediately as a tax levy. | |
| 53 | 50 | ||
| 54 | 51 | ## Digest Key | |
| 55 | 52 | ||
| 56 | 53 | ## Bill Text | |
| 57 | 54 | ||
| 58 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Businesses conducting manufacturing or research and development activities are essential to the economic well-being of California and provide high-wage jobs for Californians. In recent years, many of these businesses have chosen to relocate operations to lower cost jurisdictions or expand outside of California.(b) California has the highest state-level sales tax rate among the 50 states in the United States, and after local rates are accounted for, sales and use tax rates in California can reach up to 10.75 percent.(c) Thirty-eight states fully exempt manufacturing equipment from sales and use tax. With Californias current partial exemption, taxpayers pay more to buy equipment in California than they would elsewhere, creating a competitive disadvantage for the state.SEC. 2. Section 17053.90 is added to the Revenue and Taxation Code, to read:17053.90. (a) (1) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a 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 succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For the purpose of complying with Section 41, the Legislature finds and declares the following with respect to the tax credits allowed by this section:(1) The specific goal that the credits will achieve is to encourage new and continued investment in California in the areas of manufacturing and research and development.(2) Detailed performance indicators for the Legislature to use in determining whether the credits meet that goal are as follows:(A) The total dollar amount of tax credits allowed pursuant to this section.(B) The number of taxpayers that were allowed a tax credit pursuant to this section.(3) (A) (i) The Legislative Analysts Office, on or before January 1, 2027, shall review the effectiveness of the credits allowed under this section and post the review on the offices internet website.(ii) Notwithstanding Section 19542, the Franchise Tax Board shall provide to the Legislative Analysts Office any data in its possession requested by the Legislative Analysts Office for the purpose of complying with clause (i).(B) The review required by this paragraph shall include, but not be limited to, an analysis of the demand for the credits and the economic impact of the credits.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(2) This section shall remain in effect only until December 1, 2030, and as of that date is repealed.SEC. 3. Section 23623 is added to the Revenue and Taxation Code, to read:23623. (a) (1) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax, in the following taxable year, and succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For purposes of complying with Section 41, the goal, performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (h) of Section 17053.90.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(2) This section shall remain in effect only until December 1, 2030, and as of that date is repealed.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. | |
| 55 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Businesses conducting manufacturing or research and development activities are essential to the economic well-being of California and provide high-wage jobs for Californians. In recent years, many of these businesses have chosen to relocate operations to lower cost jurisdictions or expand outside of California.(b) California has the highest state-level sales tax rate among the 50 states in the United States, and after local rates are accounted for, sales and use tax rates in California can reach up to 10.75 percent.(c) Thirty-eight states fully exempt manufacturing equipment from sales and use tax. With Californias current partial exemption, taxpayers pay more to buy equipment in California than they would elsewhere, creating a competitive disadvantage for the state.SEC. 2. Section 17053.90 is added to the Revenue and Taxation Code, to read:17053.90. (a) (1) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a 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 succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For the purpose of complying with Section 41, the Legislature finds and declares the following with respect to the tax credits allowed by this section:(1) The specific goal that the credits will achieve is to encourage new and continued investment in California in the areas of manufacturing and research and development.(2) Detailed performance indicators for the Legislature to use in determining whether the credits meet that goal are as follows:(A) The total dollar amount of tax credits allowed pursuant to this section.(B) The number of taxpayers that were allowed a tax credit pursuant to this section.(3) (A) (i) The Legislative Analysts Office, on or before January 1, 2027, shall review the effectiveness of the credits allowed under this section and post the review on the offices internet website.(ii) Notwithstanding Section 19542, the Franchise Tax Board shall provide to the Legislative Analysts Office any data in its possession requested by the Legislative Analysts Office for the purpose of complying with clause (i).(B) The review required by this paragraph shall include, but not be limited to, an analysis of the demand for the credits and the economic impact of the credits.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(i)(2) This section shall remain in effect only until December 1, 2029, 2030, and as of that date is repealed.SEC. 3. Section 23623 is added to the Revenue and Taxation Code, to read:23623. (a) (1) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax, in the following taxable year, and succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For purposes of complying with Section 41, the goal, performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (h) of Section 17053.90.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(i)(2) This section shall remain in effect only until December 1, 2029, 2030, and as of that date is repealed.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. | |
| 59 | 56 | ||
| 60 | 57 | The people of the State of California do enact as follows: | |
| 61 | 58 | ||
| 62 | 59 | ## The people of the State of California do enact as follows: | |
| 63 | 60 | ||
| 64 | 61 | SECTION 1. The Legislature finds and declares all of the following:(a) Businesses conducting manufacturing or research and development activities are essential to the economic well-being of California and provide high-wage jobs for Californians. In recent years, many of these businesses have chosen to relocate operations to lower cost jurisdictions or expand outside of California.(b) California has the highest state-level sales tax rate among the 50 states in the United States, and after local rates are accounted for, sales and use tax rates in California can reach up to 10.75 percent.(c) Thirty-eight states fully exempt manufacturing equipment from sales and use tax. With Californias current partial exemption, taxpayers pay more to buy equipment in California than they would elsewhere, creating a competitive disadvantage for the state. | |
| 65 | 62 | ||
| 66 | 63 | SECTION 1. The Legislature finds and declares all of the following:(a) Businesses conducting manufacturing or research and development activities are essential to the economic well-being of California and provide high-wage jobs for Californians. In recent years, many of these businesses have chosen to relocate operations to lower cost jurisdictions or expand outside of California.(b) California has the highest state-level sales tax rate among the 50 states in the United States, and after local rates are accounted for, sales and use tax rates in California can reach up to 10.75 percent.(c) Thirty-eight states fully exempt manufacturing equipment from sales and use tax. With Californias current partial exemption, taxpayers pay more to buy equipment in California than they would elsewhere, creating a competitive disadvantage for the state. | |
| 67 | 64 | ||
| 68 | 65 | SECTION 1. The Legislature finds and declares all of the following: | |
| 69 | 66 | ||
| 70 | 67 | ### SECTION 1. | |
| 71 | 68 | ||
| 72 | 69 | (a) Businesses conducting manufacturing or research and development activities are essential to the economic well-being of California and provide high-wage jobs for Californians. In recent years, many of these businesses have chosen to relocate operations to lower cost jurisdictions or expand outside of California. | |
| 73 | 70 | ||
| 74 | 71 | (b) California has the highest state-level sales tax rate among the 50 states in the United States, and after local rates are accounted for, sales and use tax rates in California can reach up to 10.75 percent. | |
| 75 | 72 | ||
| 76 | 73 | (c) Thirty-eight states fully exempt manufacturing equipment from sales and use tax. With Californias current partial exemption, taxpayers pay more to buy equipment in California than they would elsewhere, creating a competitive disadvantage for the state. | |
| 77 | 74 | ||
| 78 | - | SEC. 2. Section 17053.90 is added to the Revenue and Taxation Code, to read:17053.90. (a) (1) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a 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 succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For the purpose of complying with Section 41, the Legislature finds and declares the following with respect to the tax credits allowed by this section:(1) The specific goal that the credits will achieve is to encourage new and continued investment in California in the areas of manufacturing and research and development.(2) Detailed performance indicators for the Legislature to use in determining whether the credits meet that goal are as follows:(A) The total dollar amount of tax credits allowed pursuant to this section.(B) The number of taxpayers that were allowed a tax credit pursuant to this section.(3) (A) (i) The Legislative Analysts Office, on or before January 1, 2027, shall review the effectiveness of the credits allowed under this section and post the review on the offices internet website.(ii) Notwithstanding Section 19542, the Franchise Tax Board shall provide to the Legislative Analysts Office any data in its possession requested by the Legislative Analysts Office for the purpose of complying with clause (i).(B) The review required by this paragraph shall include, but not be limited to, an analysis of the demand for the credits and the economic impact of the credits.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(2) This section shall remain in effect only until December 1, 2030, and as of that date is repealed. | |
| 75 | + | SEC. 2. Section 17053.90 is added to the Revenue and Taxation Code, to read:17053.90. (a) (1) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a 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 succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For the purpose of complying with Section 41, the Legislature finds and declares the following with respect to the tax credits allowed by this section:(1) The specific goal that the credits will achieve is to encourage new and continued investment in California in the areas of manufacturing and research and development.(2) Detailed performance indicators for the Legislature to use in determining whether the credits meet that goal are as follows:(A) The total dollar amount of tax credits allowed pursuant to this section.(B) The number of taxpayers that were allowed a tax credit pursuant to this section.(3) (A) (i) The Legislative Analysts Office, on or before January 1, 2027, shall review the effectiveness of the credits allowed under this section and post the review on the offices internet website.(ii) Notwithstanding Section 19542, the Franchise Tax Board shall provide to the Legislative Analysts Office any data in its possession requested by the Legislative Analysts Office for the purpose of complying with clause (i).(B) The review required by this paragraph shall include, but not be limited to, an analysis of the demand for the credits and the economic impact of the credits.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(i)(2) This section shall remain in effect only until December 1, 2029, 2030, and as of that date is repealed. | |
| 79 | 76 | ||
| 80 | 77 | SEC. 2. Section 17053.90 is added to the Revenue and Taxation Code, to read: | |
| 81 | 78 | ||
| 82 | 79 | ### SEC. 2. | |
| 83 | 80 | ||
| 84 | - | 17053.90. (a) (1) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a 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 succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For the purpose of complying with Section 41, the Legislature finds and declares the following with respect to the tax credits allowed by this section:(1) The specific goal that the credits will achieve is to encourage new and continued investment in California in the areas of manufacturing and research and development.(2) Detailed performance indicators for the Legislature to use in determining whether the credits meet that goal are as follows:(A) The total dollar amount of tax credits allowed pursuant to this section.(B) The number of taxpayers that were allowed a tax credit pursuant to this section.(3) (A) (i) The Legislative Analysts Office, on or before January 1, 2027, shall review the effectiveness of the credits allowed under this section and post the review on the offices internet website.(ii) Notwithstanding Section 19542, the Franchise Tax Board shall provide to the Legislative Analysts Office any data in its possession requested by the Legislative Analysts Office for the purpose of complying with clause (i).(B) The review required by this paragraph shall include, but not be limited to, an analysis of the demand for the credits and the economic impact of the credits.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(2) This section shall remain in effect only until December 1, 2030, and as of that date is repealed. | |
| 81 | + | 17053.90. (a) (1) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a 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 succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For the purpose of complying with Section 41, the Legislature finds and declares the following with respect to the tax credits allowed by this section:(1) The specific goal that the credits will achieve is to encourage new and continued investment in California in the areas of manufacturing and research and development.(2) Detailed performance indicators for the Legislature to use in determining whether the credits meet that goal are as follows:(A) The total dollar amount of tax credits allowed pursuant to this section.(B) The number of taxpayers that were allowed a tax credit pursuant to this section.(3) (A) (i) The Legislative Analysts Office, on or before January 1, 2027, shall review the effectiveness of the credits allowed under this section and post the review on the offices internet website.(ii) Notwithstanding Section 19542, the Franchise Tax Board shall provide to the Legislative Analysts Office any data in its possession requested by the Legislative Analysts Office for the purpose of complying with clause (i).(B) The review required by this paragraph shall include, but not be limited to, an analysis of the demand for the credits and the economic impact of the credits.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(i)(2) This section shall remain in effect only until December 1, 2029, 2030, and as of that date is repealed. | |
| 85 | 82 | ||
| 86 | - | 17053.90. (a) (1) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a 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 succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For the purpose of complying with Section 41, the Legislature finds and declares the following with respect to the tax credits allowed by this section:(1) The specific goal that the credits will achieve is to encourage new and continued investment in California in the areas of manufacturing and research and development.(2) Detailed performance indicators for the Legislature to use in determining whether the credits meet that goal are as follows:(A) The total dollar amount of tax credits allowed pursuant to this section.(B) The number of taxpayers that were allowed a tax credit pursuant to this section.(3) (A) (i) The Legislative Analysts Office, on or before January 1, 2027, shall review the effectiveness of the credits allowed under this section and post the review on the offices internet website.(ii) Notwithstanding Section 19542, the Franchise Tax Board shall provide to the Legislative Analysts Office any data in its possession requested by the Legislative Analysts Office for the purpose of complying with clause (i).(B) The review required by this paragraph shall include, but not be limited to, an analysis of the demand for the credits and the economic impact of the credits.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(2) This section shall remain in effect only until December 1, 2030, and as of that date is repealed. | |
| 83 | + | 17053.90. (a) (1) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a 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 succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For the purpose of complying with Section 41, the Legislature finds and declares the following with respect to the tax credits allowed by this section:(1) The specific goal that the credits will achieve is to encourage new and continued investment in California in the areas of manufacturing and research and development.(2) Detailed performance indicators for the Legislature to use in determining whether the credits meet that goal are as follows:(A) The total dollar amount of tax credits allowed pursuant to this section.(B) The number of taxpayers that were allowed a tax credit pursuant to this section.(3) (A) (i) The Legislative Analysts Office, on or before January 1, 2027, shall review the effectiveness of the credits allowed under this section and post the review on the offices internet website.(ii) Notwithstanding Section 19542, the Franchise Tax Board shall provide to the Legislative Analysts Office any data in its possession requested by the Legislative Analysts Office for the purpose of complying with clause (i).(B) The review required by this paragraph shall include, but not be limited to, an analysis of the demand for the credits and the economic impact of the credits.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(i)(2) This section shall remain in effect only until December 1, 2029, 2030, and as of that date is repealed. | |
| 87 | 84 | ||
| 88 | - | 17053.90. (a) (1) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a 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 succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For the purpose of complying with Section 41, the Legislature finds and declares the following with respect to the tax credits allowed by this section:(1) The specific goal that the credits will achieve is to encourage new and continued investment in California in the areas of manufacturing and research and development.(2) Detailed performance indicators for the Legislature to use in determining whether the credits meet that goal are as follows:(A) The total dollar amount of tax credits allowed pursuant to this section.(B) The number of taxpayers that were allowed a tax credit pursuant to this section.(3) (A) (i) The Legislative Analysts Office, on or before January 1, 2027, shall review the effectiveness of the credits allowed under this section and post the review on the offices internet website.(ii) Notwithstanding Section 19542, the Franchise Tax Board shall provide to the Legislative Analysts Office any data in its possession requested by the Legislative Analysts Office for the purpose of complying with clause (i).(B) The review required by this paragraph shall include, but not be limited to, an analysis of the demand for the credits and the economic impact of the credits.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(2) This section shall remain in effect only until December 1, 2030, and as of that date is repealed. | |
| 85 | + | 17053.90. (a) (1) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a 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 succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For the purpose of complying with Section 41, the Legislature finds and declares the following with respect to the tax credits allowed by this section:(1) The specific goal that the credits will achieve is to encourage new and continued investment in California in the areas of manufacturing and research and development.(2) Detailed performance indicators for the Legislature to use in determining whether the credits meet that goal are as follows:(A) The total dollar amount of tax credits allowed pursuant to this section.(B) The number of taxpayers that were allowed a tax credit pursuant to this section.(3) (A) (i) The Legislative Analysts Office, on or before January 1, 2027, shall review the effectiveness of the credits allowed under this section and post the review on the offices internet website.(ii) Notwithstanding Section 19542, the Franchise Tax Board shall provide to the Legislative Analysts Office any data in its possession requested by the Legislative Analysts Office for the purpose of complying with clause (i).(B) The review required by this paragraph shall include, but not be limited to, an analysis of the demand for the credits and the economic impact of the credits.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(i)(2) This section shall remain in effect only until December 1, 2029, 2030, and as of that date is repealed. | |
| 89 | 86 | ||
| 90 | 87 | ||
| 91 | 88 | ||
| 92 | - | 17053.90. (a) (1) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1. | |
| 89 | + | 17053.90. (a) (1) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1. | |
| 93 | 90 | ||
| 94 | - | (2) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1. | |
| 91 | + | (2) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the net tax, as defined in Section 17039, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1. | |
| 95 | 92 | ||
| 96 | 93 | (b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section. | |
| 97 | 94 | ||
| 98 | 95 | (c) If a 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 succeeding eight years, if necessary, until the credit is exhausted. | |
| 99 | 96 | ||
| 100 | 97 | (d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer. | |
| 101 | 98 | ||
| 102 | 99 | (e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption. | |
| 103 | 100 | ||
| 104 | 101 | (f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1. | |
| 105 | 102 | ||
| 106 | 103 | (g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section. | |
| 107 | 104 | ||
| 108 | 105 | (h) For the purpose of complying with Section 41, the Legislature finds and declares the following with respect to the tax credits allowed by this section: | |
| 109 | 106 | ||
| 110 | 107 | (1) The specific goal that the credits will achieve is to encourage new and continued investment in California in the areas of manufacturing and research and development. | |
| 111 | 108 | ||
| 112 | 109 | (2) Detailed performance indicators for the Legislature to use in determining whether the credits meet that goal are as follows: | |
| 113 | 110 | ||
| 114 | 111 | (A) The total dollar amount of tax credits allowed pursuant to this section. | |
| 115 | 112 | ||
| 116 | 113 | (B) The number of taxpayers that were allowed a tax credit pursuant to this section. | |
| 117 | 114 | ||
| 118 | 115 | (3) (A) (i) The Legislative Analysts Office, on or before January 1, 2027, shall review the effectiveness of the credits allowed under this section and post the review on the offices internet website. | |
| 119 | 116 | ||
| 120 | 117 | (ii) Notwithstanding Section 19542, the Franchise Tax Board shall provide to the Legislative Analysts Office any data in its possession requested by the Legislative Analysts Office for the purpose of complying with clause (i). | |
| 121 | 118 | ||
| 122 | 119 | (B) The review required by this paragraph shall include, but not be limited to, an analysis of the demand for the credits and the economic impact of the credits. | |
| 123 | 120 | ||
| 124 | 121 | (i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year. | |
| 125 | 122 | ||
| 126 | 123 | (B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section. | |
| 127 | 124 | ||
| 128 | - | ( | |
| 125 | + | (i) | |
| 129 | 126 | ||
| 130 | - | SEC. 3. Section 23623 is added to the Revenue and Taxation Code, to read:23623. (a) (1) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax, in the following taxable year, and succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For purposes of complying with Section 41, the goal, performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (h) of Section 17053.90.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(2) This section shall remain in effect only until December 1, 2030, and as of that date is repealed. | |
| 127 | + | ||
| 128 | + | ||
| 129 | + | (2) This section shall remain in effect only until December 1, 2029, 2030, and as of that date is repealed. | |
| 130 | + | ||
| 131 | + | SEC. 3. Section 23623 is added to the Revenue and Taxation Code, to read:23623. (a) (1) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax, in the following taxable year, and succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For purposes of complying with Section 41, the goal, performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (h) of Section 17053.90.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(i)(2) This section shall remain in effect only until December 1, 2029, 2030, and as of that date is repealed. | |
| 131 | 132 | ||
| 132 | 133 | SEC. 3. Section 23623 is added to the Revenue and Taxation Code, to read: | |
| 133 | 134 | ||
| 134 | 135 | ### SEC. 3. | |
| 135 | 136 | ||
| 136 | - | 23623. (a) (1) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax, in the following taxable year, and succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For purposes of complying with Section 41, the goal, performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (h) of Section 17053.90.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(2) This section shall remain in effect only until December 1, 2030, and as of that date is repealed. | |
| 137 | + | 23623. (a) (1) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax, in the following taxable year, and succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For purposes of complying with Section 41, the goal, performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (h) of Section 17053.90.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(i)(2) This section shall remain in effect only until December 1, 2029, 2030, and as of that date is repealed. | |
| 137 | 138 | ||
| 138 | - | 23623. (a) (1) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax, in the following taxable year, and succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For purposes of complying with Section 41, the goal, performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (h) of Section 17053.90.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(2) This section shall remain in effect only until December 1, 2030, and as of that date is repealed. | |
| 139 | + | 23623. (a) (1) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax, in the following taxable year, and succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For purposes of complying with Section 41, the goal, performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (h) of Section 17053.90.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(i)(2) This section shall remain in effect only until December 1, 2029, 2030, and as of that date is repealed. | |
| 139 | 140 | ||
| 140 | - | 23623. (a) (1) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax, in the following taxable year, and succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For purposes of complying with Section 41, the goal, performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (h) of Section 17053.90.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(2) This section shall remain in effect only until December 1, 2030, and as of that date is repealed. | |
| 141 | + | 23623. (a) (1) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(2) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1.(b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section.(c) If a credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax, in the following taxable year, and succeeding eight years, if necessary, until the credit is exhausted.(d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer.(e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.(f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1.(g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section.(h) For purposes of complying with Section 41, the goal, performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (h) of Section 17053.90.(i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year.(B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section.(i)(2) This section shall remain in effect only until December 1, 2029, 2030, and as of that date is repealed. | |
| 141 | 142 | ||
| 142 | 143 | ||
| 143 | 144 | ||
| 144 | - | 23623. (a) (1) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1. | |
| 145 | + | 23623. (a) (1) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1. | |
| 145 | 146 | ||
| 146 | - | (2) Subject to subdivision (i), for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1. | |
| 147 | + | (2) For Subject to subdivision (i), for each taxable year beginning on or after January 1, 2024, 2025, and before January 1, 2029, 2030, a taxpayer shall be allowed a credit against the tax, as defined in Section 23036, in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)) pursuant to Section 6377.1 but for subdivision (d) of Section 6377.1. | |
| 147 | 148 | ||
| 148 | 149 | (b) Any deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed under this section. | |
| 149 | 150 | ||
| 150 | 151 | (c) If a credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax, in the following taxable year, and succeeding eight years, if necessary, until the credit is exhausted. | |
| 151 | 152 | ||
| 152 | 153 | (d) The credit allowed by this section may be claimed only on a timely filed original return of a taxpayer. | |
| 153 | 154 | ||
| 154 | 155 | (e) A credit, a credit in a subsequent year, or a credit carryover shall not be allowed with respect to qualified tangible property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) of Section 6377.1 to some other use not qualifying for exemption, or used in a manner not qualifying for exemption. | |
| 155 | 156 | ||
| 156 | 157 | (f) Notwithstanding Section 7056, the California Department of Tax and Fee Administration may provide information to the Franchise Tax Board, in a form and manner agreed upon by the department and the Franchise Tax Board, regarding the exemption claimed by a person pursuant to Section 6377.1. | |
| 157 | 158 | ||
| 158 | 159 | (g) The Franchise Tax Board may adopt regulations necessary or appropriate to carry out the purposes of this section. | |
| 159 | 160 | ||
| 160 | 161 | (h) For purposes of complying with Section 41, the goal, performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (h) of Section 17053.90. | |
| 161 | 162 | ||
| 162 | 163 | (i) (1) (A) On or before May 14, 2025, and annually thereafter, the Department of Finance shall provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits established under this section were allowed for that taxable year. | |
| 163 | 164 | ||
| 164 | 165 | (B) The credits established by this section shall be allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of the credits established by this section. | |
| 165 | 166 | ||
| 166 | - | (2) This section shall remain in effect only until December 1, 2030, and as of that date is repealed. | |
| 167 | + | (i) | |
| 168 | + | ||
| 169 | + | ||
| 170 | + | ||
| 171 | + | (2) This section shall remain in effect only until December 1, 2029, 2030, and as of that date is repealed. | |
| 167 | 172 | ||
| 168 | 173 | 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. | |
| 169 | 174 | ||
| 170 | 175 | 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. | |
| 171 | 176 | ||
| 172 | 177 | 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. | |
| 173 | 178 | ||
| 174 | 179 | ### SEC. 4. |