Amended IN Assembly April 13, 2023 Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 926Introduced by Assembly Member PapanFebruary 14, 2023An act to add and repeal Sections 17057.7 and 23610.7 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.LEGISLATIVE COUNSEL'S DIGESTAB 926, as amended, Papan. Income taxes: credits: affordable housing: employer-assisted housing programs. housing.The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2023, and before January 1, 2028, in an amount equal to ____% of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing, as defined, for employees or the investment in an employer-assisted housing program, as defined. Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. 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. Section 17057.7 is added to the Revenue and Taxation Code, to read:17057.7. (a) For each taxable year beginning on or after January 1, 2023, and before January 1, 2028, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount equal to ____ percent of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing for employees or the investment in an employer-assisted housing program. housing.(b) For purposes of this section:(1) Affordable housing means housing developments in which some 25 percent or more of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Code, and to which employees of the taxpayer who are individuals of low income have first priority to purchase or rent.(2)Employer-assisted housing program includes monetary assistance for, or the subsidizing of, rent or mortgage payments for housing insecure employees or employer-funded housing developments for housing insecure employees.(3)Housing insecure means a condition where a person lacks a fixed, regular, and adequate residence, or where a persons primary sleeping accommodation is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for people.(2) Qualified land or property means land or property that is deed restricted to ensure that the affordable housing units, if rented, shall be made available to individuals and families of low income for a period of 55 years or more or if the units are owned and deed restricted to ensure the continued affordability of all affordable ownership units for a period of 45 years.(3) Qualified nonprofit organization means a nonprofit charitable organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code that constructs affordable housing.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year.(d) 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.(e) (1) For the purpose of complying with Section 41, as it relates to the credit allowed pursuant to this section and Section 23610.7, the Legislature finds and declares as follows:(A) The specific goal, purpose, or objective of the credit allowed by this section and Section 23610.7 is to encourage employers to contribute to solving the labor shortage and housing unaffordability problems by providing a tax incentive.(B) The performance indicators for the Legislature to use in determining whether the credit achieves the stated goal shall be the number of taxpayers allowed a credit and the total dollar value of credits allowed.(2) (A) The Franchise Tax Board shall submit a report by November 1, 2024, and annually thereafter, to the Legislature, in compliance with Section 9795 of the Government Code, detailing the number of taxpayers allowed a credit under this section or Section 23610.7 for the most recent taxable year, and the total dollar value of credits allowed.(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542.(f) This section shall remain operative until December 1, 2028, and as of that date is repealed.SEC. 2. Section 23610.7 is added to the Revenue and Taxation Code, to read:23610.7. (a) For each taxable year beginning on or after January 1, 2023, and before January 1, 2028, there shall be allowed as a credit against the tax, as defined in Section 23036, an amount equal to ____ percent of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing for employees or the investment in an employer-assisted housing program. housing.(b) For purposes of this section:(1) Affordable housing means housing developments in which some 25 percent or more of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Code, and to which employees of the taxpayer who are individuals of low income have first priority to purchase or rent.(2)Employer-assisted housing program includes monetary assistance for, or the subsidizing of, rent or mortgage payments for housing insecure employees or employer-funded housing developments for housing insecure employees.(3)Housing insecure means a condition where a person lacks a fixed, regular, and adequate residence, or where a persons primary sleeping accommodation is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for people.(2) Qualified land or property means land or property that is deed restricted to ensure that the affordable housing units, if rented, shall be made available to individuals and families of low income for a period of 55 years or more or if the units are owned and deed restricted to ensure the continued affordability of all affordable ownership units for a period of 45 years.(3) Qualified nonprofit organization means a nonprofit charitable organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code that constructs affordable housing.(c) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year.(d) 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.(e) For the purpose of complying with Section 41, the goal, purpose, objective performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (e) of Section 17057.7.(f) This section shall remain operative until December 1, 2028, and as of that date is repealed.SEC. 3. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
Amended IN Assembly April 13, 2023 Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 926Introduced by Assembly Member PapanFebruary 14, 2023An act to add and repeal Sections 17057.7 and 23610.7 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.LEGISLATIVE COUNSEL'S DIGESTAB 926, as amended, Papan. Income taxes: credits: affordable housing: employer-assisted housing programs. housing.The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2023, and before January 1, 2028, in an amount equal to ____% of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing, as defined, for employees or the investment in an employer-assisted housing program, as defined. Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 13, 2023 Amended IN Assembly March 16, 2023
Amended IN Assembly April 13, 2023
Amended IN Assembly March 16, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 926
Introduced by Assembly Member PapanFebruary 14, 2023
Introduced by Assembly Member Papan
February 14, 2023
An act to add and repeal Sections 17057.7 and 23610.7 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 926, as amended, Papan. Income taxes: credits: affordable housing: employer-assisted housing programs. housing.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2023, and before January 1, 2028, in an amount equal to ____% of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing, as defined, for employees or the investment in an employer-assisted housing program, as defined. Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws.
This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2023, and before January 1, 2028, in an amount equal to ____% of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing, as defined, for employees or the investment in an employer-assisted housing program, as defined.
Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements.
This bill would include additional information required for any bill authorizing a new tax expenditure.
This bill would take effect immediately as a tax levy.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 17057.7 is added to the Revenue and Taxation Code, to read:17057.7. (a) For each taxable year beginning on or after January 1, 2023, and before January 1, 2028, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount equal to ____ percent of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing for employees or the investment in an employer-assisted housing program. housing.(b) For purposes of this section:(1) Affordable housing means housing developments in which some 25 percent or more of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Code, and to which employees of the taxpayer who are individuals of low income have first priority to purchase or rent.(2)Employer-assisted housing program includes monetary assistance for, or the subsidizing of, rent or mortgage payments for housing insecure employees or employer-funded housing developments for housing insecure employees.(3)Housing insecure means a condition where a person lacks a fixed, regular, and adequate residence, or where a persons primary sleeping accommodation is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for people.(2) Qualified land or property means land or property that is deed restricted to ensure that the affordable housing units, if rented, shall be made available to individuals and families of low income for a period of 55 years or more or if the units are owned and deed restricted to ensure the continued affordability of all affordable ownership units for a period of 45 years.(3) Qualified nonprofit organization means a nonprofit charitable organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code that constructs affordable housing.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year.(d) 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.(e) (1) For the purpose of complying with Section 41, as it relates to the credit allowed pursuant to this section and Section 23610.7, the Legislature finds and declares as follows:(A) The specific goal, purpose, or objective of the credit allowed by this section and Section 23610.7 is to encourage employers to contribute to solving the labor shortage and housing unaffordability problems by providing a tax incentive.(B) The performance indicators for the Legislature to use in determining whether the credit achieves the stated goal shall be the number of taxpayers allowed a credit and the total dollar value of credits allowed.(2) (A) The Franchise Tax Board shall submit a report by November 1, 2024, and annually thereafter, to the Legislature, in compliance with Section 9795 of the Government Code, detailing the number of taxpayers allowed a credit under this section or Section 23610.7 for the most recent taxable year, and the total dollar value of credits allowed.(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542.(f) This section shall remain operative until December 1, 2028, and as of that date is repealed.SEC. 2. Section 23610.7 is added to the Revenue and Taxation Code, to read:23610.7. (a) For each taxable year beginning on or after January 1, 2023, and before January 1, 2028, there shall be allowed as a credit against the tax, as defined in Section 23036, an amount equal to ____ percent of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing for employees or the investment in an employer-assisted housing program. housing.(b) For purposes of this section:(1) Affordable housing means housing developments in which some 25 percent or more of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Code, and to which employees of the taxpayer who are individuals of low income have first priority to purchase or rent.(2)Employer-assisted housing program includes monetary assistance for, or the subsidizing of, rent or mortgage payments for housing insecure employees or employer-funded housing developments for housing insecure employees.(3)Housing insecure means a condition where a person lacks a fixed, regular, and adequate residence, or where a persons primary sleeping accommodation is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for people.(2) Qualified land or property means land or property that is deed restricted to ensure that the affordable housing units, if rented, shall be made available to individuals and families of low income for a period of 55 years or more or if the units are owned and deed restricted to ensure the continued affordability of all affordable ownership units for a period of 45 years.(3) Qualified nonprofit organization means a nonprofit charitable organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code that constructs affordable housing.(c) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year.(d) 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.(e) For the purpose of complying with Section 41, the goal, purpose, objective performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (e) of Section 17057.7.(f) This section shall remain operative until December 1, 2028, and as of that date is repealed.SEC. 3. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 17057.7 is added to the Revenue and Taxation Code, to read:17057.7. (a) For each taxable year beginning on or after January 1, 2023, and before January 1, 2028, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount equal to ____ percent of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing for employees or the investment in an employer-assisted housing program. housing.(b) For purposes of this section:(1) Affordable housing means housing developments in which some 25 percent or more of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Code, and to which employees of the taxpayer who are individuals of low income have first priority to purchase or rent.(2)Employer-assisted housing program includes monetary assistance for, or the subsidizing of, rent or mortgage payments for housing insecure employees or employer-funded housing developments for housing insecure employees.(3)Housing insecure means a condition where a person lacks a fixed, regular, and adequate residence, or where a persons primary sleeping accommodation is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for people.(2) Qualified land or property means land or property that is deed restricted to ensure that the affordable housing units, if rented, shall be made available to individuals and families of low income for a period of 55 years or more or if the units are owned and deed restricted to ensure the continued affordability of all affordable ownership units for a period of 45 years.(3) Qualified nonprofit organization means a nonprofit charitable organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code that constructs affordable housing.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year.(d) 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.(e) (1) For the purpose of complying with Section 41, as it relates to the credit allowed pursuant to this section and Section 23610.7, the Legislature finds and declares as follows:(A) The specific goal, purpose, or objective of the credit allowed by this section and Section 23610.7 is to encourage employers to contribute to solving the labor shortage and housing unaffordability problems by providing a tax incentive.(B) The performance indicators for the Legislature to use in determining whether the credit achieves the stated goal shall be the number of taxpayers allowed a credit and the total dollar value of credits allowed.(2) (A) The Franchise Tax Board shall submit a report by November 1, 2024, and annually thereafter, to the Legislature, in compliance with Section 9795 of the Government Code, detailing the number of taxpayers allowed a credit under this section or Section 23610.7 for the most recent taxable year, and the total dollar value of credits allowed.(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542.(f) This section shall remain operative until December 1, 2028, and as of that date is repealed.
SECTION 1. Section 17057.7 is added to the Revenue and Taxation Code, to read:
### SECTION 1.
17057.7. (a) For each taxable year beginning on or after January 1, 2023, and before January 1, 2028, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount equal to ____ percent of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing for employees or the investment in an employer-assisted housing program. housing.(b) For purposes of this section:(1) Affordable housing means housing developments in which some 25 percent or more of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Code, and to which employees of the taxpayer who are individuals of low income have first priority to purchase or rent.(2)Employer-assisted housing program includes monetary assistance for, or the subsidizing of, rent or mortgage payments for housing insecure employees or employer-funded housing developments for housing insecure employees.(3)Housing insecure means a condition where a person lacks a fixed, regular, and adequate residence, or where a persons primary sleeping accommodation is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for people.(2) Qualified land or property means land or property that is deed restricted to ensure that the affordable housing units, if rented, shall be made available to individuals and families of low income for a period of 55 years or more or if the units are owned and deed restricted to ensure the continued affordability of all affordable ownership units for a period of 45 years.(3) Qualified nonprofit organization means a nonprofit charitable organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code that constructs affordable housing.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year.(d) 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.(e) (1) For the purpose of complying with Section 41, as it relates to the credit allowed pursuant to this section and Section 23610.7, the Legislature finds and declares as follows:(A) The specific goal, purpose, or objective of the credit allowed by this section and Section 23610.7 is to encourage employers to contribute to solving the labor shortage and housing unaffordability problems by providing a tax incentive.(B) The performance indicators for the Legislature to use in determining whether the credit achieves the stated goal shall be the number of taxpayers allowed a credit and the total dollar value of credits allowed.(2) (A) The Franchise Tax Board shall submit a report by November 1, 2024, and annually thereafter, to the Legislature, in compliance with Section 9795 of the Government Code, detailing the number of taxpayers allowed a credit under this section or Section 23610.7 for the most recent taxable year, and the total dollar value of credits allowed.(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542.(f) This section shall remain operative until December 1, 2028, and as of that date is repealed.
17057.7. (a) For each taxable year beginning on or after January 1, 2023, and before January 1, 2028, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount equal to ____ percent of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing for employees or the investment in an employer-assisted housing program. housing.(b) For purposes of this section:(1) Affordable housing means housing developments in which some 25 percent or more of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Code, and to which employees of the taxpayer who are individuals of low income have first priority to purchase or rent.(2)Employer-assisted housing program includes monetary assistance for, or the subsidizing of, rent or mortgage payments for housing insecure employees or employer-funded housing developments for housing insecure employees.(3)Housing insecure means a condition where a person lacks a fixed, regular, and adequate residence, or where a persons primary sleeping accommodation is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for people.(2) Qualified land or property means land or property that is deed restricted to ensure that the affordable housing units, if rented, shall be made available to individuals and families of low income for a period of 55 years or more or if the units are owned and deed restricted to ensure the continued affordability of all affordable ownership units for a period of 45 years.(3) Qualified nonprofit organization means a nonprofit charitable organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code that constructs affordable housing.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year.(d) 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.(e) (1) For the purpose of complying with Section 41, as it relates to the credit allowed pursuant to this section and Section 23610.7, the Legislature finds and declares as follows:(A) The specific goal, purpose, or objective of the credit allowed by this section and Section 23610.7 is to encourage employers to contribute to solving the labor shortage and housing unaffordability problems by providing a tax incentive.(B) The performance indicators for the Legislature to use in determining whether the credit achieves the stated goal shall be the number of taxpayers allowed a credit and the total dollar value of credits allowed.(2) (A) The Franchise Tax Board shall submit a report by November 1, 2024, and annually thereafter, to the Legislature, in compliance with Section 9795 of the Government Code, detailing the number of taxpayers allowed a credit under this section or Section 23610.7 for the most recent taxable year, and the total dollar value of credits allowed.(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542.(f) This section shall remain operative until December 1, 2028, and as of that date is repealed.
17057.7. (a) For each taxable year beginning on or after January 1, 2023, and before January 1, 2028, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount equal to ____ percent of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing for employees or the investment in an employer-assisted housing program. housing.(b) For purposes of this section:(1) Affordable housing means housing developments in which some 25 percent or more of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Code, and to which employees of the taxpayer who are individuals of low income have first priority to purchase or rent.(2)Employer-assisted housing program includes monetary assistance for, or the subsidizing of, rent or mortgage payments for housing insecure employees or employer-funded housing developments for housing insecure employees.(3)Housing insecure means a condition where a person lacks a fixed, regular, and adequate residence, or where a persons primary sleeping accommodation is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for people.(2) Qualified land or property means land or property that is deed restricted to ensure that the affordable housing units, if rented, shall be made available to individuals and families of low income for a period of 55 years or more or if the units are owned and deed restricted to ensure the continued affordability of all affordable ownership units for a period of 45 years.(3) Qualified nonprofit organization means a nonprofit charitable organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code that constructs affordable housing.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year.(d) 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.(e) (1) For the purpose of complying with Section 41, as it relates to the credit allowed pursuant to this section and Section 23610.7, the Legislature finds and declares as follows:(A) The specific goal, purpose, or objective of the credit allowed by this section and Section 23610.7 is to encourage employers to contribute to solving the labor shortage and housing unaffordability problems by providing a tax incentive.(B) The performance indicators for the Legislature to use in determining whether the credit achieves the stated goal shall be the number of taxpayers allowed a credit and the total dollar value of credits allowed.(2) (A) The Franchise Tax Board shall submit a report by November 1, 2024, and annually thereafter, to the Legislature, in compliance with Section 9795 of the Government Code, detailing the number of taxpayers allowed a credit under this section or Section 23610.7 for the most recent taxable year, and the total dollar value of credits allowed.(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542.(f) This section shall remain operative until December 1, 2028, and as of that date is repealed.
17057.7. (a) For each taxable year beginning on or after January 1, 2023, and before January 1, 2028, there shall be allowed as a credit against the net tax, as defined in Section 17039, an amount equal to ____ percent of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing for employees or the investment in an employer-assisted housing program. housing.
(b) For purposes of this section:
(1) Affordable housing means housing developments in which some 25 percent or more of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Code, and to which employees of the taxpayer who are individuals of low income have first priority to purchase or rent.
(2)Employer-assisted housing program includes monetary assistance for, or the subsidizing of, rent or mortgage payments for housing insecure employees or employer-funded housing developments for housing insecure employees.
(3)Housing insecure means a condition where a person lacks a fixed, regular, and adequate residence, or where a persons primary sleeping accommodation is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for people.
(2) Qualified land or property means land or property that is deed restricted to ensure that the affordable housing units, if rented, shall be made available to individuals and families of low income for a period of 55 years or more or if the units are owned and deed restricted to ensure the continued affordability of all affordable ownership units for a period of 45 years.
(3) Qualified nonprofit organization means a nonprofit charitable organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code that constructs affordable housing.
(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year.
(d) 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.
(e) (1) For the purpose of complying with Section 41, as it relates to the credit allowed pursuant to this section and Section 23610.7, the Legislature finds and declares as follows:
(A) The specific goal, purpose, or objective of the credit allowed by this section and Section 23610.7 is to encourage employers to contribute to solving the labor shortage and housing unaffordability problems by providing a tax incentive.
(B) The performance indicators for the Legislature to use in determining whether the credit achieves the stated goal shall be the number of taxpayers allowed a credit and the total dollar value of credits allowed.
(2) (A) The Franchise Tax Board shall submit a report by November 1, 2024, and annually thereafter, to the Legislature, in compliance with Section 9795 of the Government Code, detailing the number of taxpayers allowed a credit under this section or Section 23610.7 for the most recent taxable year, and the total dollar value of credits allowed.
(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542.
(f) This section shall remain operative until December 1, 2028, and as of that date is repealed.
SEC. 2. Section 23610.7 is added to the Revenue and Taxation Code, to read:23610.7. (a) For each taxable year beginning on or after January 1, 2023, and before January 1, 2028, there shall be allowed as a credit against the tax, as defined in Section 23036, an amount equal to ____ percent of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing for employees or the investment in an employer-assisted housing program. housing.(b) For purposes of this section:(1) Affordable housing means housing developments in which some 25 percent or more of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Code, and to which employees of the taxpayer who are individuals of low income have first priority to purchase or rent.(2)Employer-assisted housing program includes monetary assistance for, or the subsidizing of, rent or mortgage payments for housing insecure employees or employer-funded housing developments for housing insecure employees.(3)Housing insecure means a condition where a person lacks a fixed, regular, and adequate residence, or where a persons primary sleeping accommodation is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for people.(2) Qualified land or property means land or property that is deed restricted to ensure that the affordable housing units, if rented, shall be made available to individuals and families of low income for a period of 55 years or more or if the units are owned and deed restricted to ensure the continued affordability of all affordable ownership units for a period of 45 years.(3) Qualified nonprofit organization means a nonprofit charitable organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code that constructs affordable housing.(c) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year.(d) 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.(e) For the purpose of complying with Section 41, the goal, purpose, objective performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (e) of Section 17057.7.(f) This section shall remain operative until December 1, 2028, and as of that date is repealed.
SEC. 2. Section 23610.7 is added to the Revenue and Taxation Code, to read:
### SEC. 2.
23610.7. (a) For each taxable year beginning on or after January 1, 2023, and before January 1, 2028, there shall be allowed as a credit against the tax, as defined in Section 23036, an amount equal to ____ percent of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing for employees or the investment in an employer-assisted housing program. housing.(b) For purposes of this section:(1) Affordable housing means housing developments in which some 25 percent or more of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Code, and to which employees of the taxpayer who are individuals of low income have first priority to purchase or rent.(2)Employer-assisted housing program includes monetary assistance for, or the subsidizing of, rent or mortgage payments for housing insecure employees or employer-funded housing developments for housing insecure employees.(3)Housing insecure means a condition where a person lacks a fixed, regular, and adequate residence, or where a persons primary sleeping accommodation is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for people.(2) Qualified land or property means land or property that is deed restricted to ensure that the affordable housing units, if rented, shall be made available to individuals and families of low income for a period of 55 years or more or if the units are owned and deed restricted to ensure the continued affordability of all affordable ownership units for a period of 45 years.(3) Qualified nonprofit organization means a nonprofit charitable organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code that constructs affordable housing.(c) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year.(d) 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.(e) For the purpose of complying with Section 41, the goal, purpose, objective performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (e) of Section 17057.7.(f) This section shall remain operative until December 1, 2028, and as of that date is repealed.
23610.7. (a) For each taxable year beginning on or after January 1, 2023, and before January 1, 2028, there shall be allowed as a credit against the tax, as defined in Section 23036, an amount equal to ____ percent of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing for employees or the investment in an employer-assisted housing program. housing.(b) For purposes of this section:(1) Affordable housing means housing developments in which some 25 percent or more of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Code, and to which employees of the taxpayer who are individuals of low income have first priority to purchase or rent.(2)Employer-assisted housing program includes monetary assistance for, or the subsidizing of, rent or mortgage payments for housing insecure employees or employer-funded housing developments for housing insecure employees.(3)Housing insecure means a condition where a person lacks a fixed, regular, and adequate residence, or where a persons primary sleeping accommodation is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for people.(2) Qualified land or property means land or property that is deed restricted to ensure that the affordable housing units, if rented, shall be made available to individuals and families of low income for a period of 55 years or more or if the units are owned and deed restricted to ensure the continued affordability of all affordable ownership units for a period of 45 years.(3) Qualified nonprofit organization means a nonprofit charitable organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code that constructs affordable housing.(c) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year.(d) 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.(e) For the purpose of complying with Section 41, the goal, purpose, objective performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (e) of Section 17057.7.(f) This section shall remain operative until December 1, 2028, and as of that date is repealed.
23610.7. (a) For each taxable year beginning on or after January 1, 2023, and before January 1, 2028, there shall be allowed as a credit against the tax, as defined in Section 23036, an amount equal to ____ percent of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing for employees or the investment in an employer-assisted housing program. housing.(b) For purposes of this section:(1) Affordable housing means housing developments in which some 25 percent or more of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Code, and to which employees of the taxpayer who are individuals of low income have first priority to purchase or rent.(2)Employer-assisted housing program includes monetary assistance for, or the subsidizing of, rent or mortgage payments for housing insecure employees or employer-funded housing developments for housing insecure employees.(3)Housing insecure means a condition where a person lacks a fixed, regular, and adequate residence, or where a persons primary sleeping accommodation is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for people.(2) Qualified land or property means land or property that is deed restricted to ensure that the affordable housing units, if rented, shall be made available to individuals and families of low income for a period of 55 years or more or if the units are owned and deed restricted to ensure the continued affordability of all affordable ownership units for a period of 45 years.(3) Qualified nonprofit organization means a nonprofit charitable organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code that constructs affordable housing.(c) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year.(d) 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.(e) For the purpose of complying with Section 41, the goal, purpose, objective performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (e) of Section 17057.7.(f) This section shall remain operative until December 1, 2028, and as of that date is repealed.
23610.7. (a) For each taxable year beginning on or after January 1, 2023, and before January 1, 2028, there shall be allowed as a credit against the tax, as defined in Section 23036, an amount equal to ____ percent of the costs paid or incurred, or the equivalent value of land or property donated, value of qualified land or property donated to a qualified nonprofit organization by an employer during the taxable year for the construction of affordable housing for employees or the investment in an employer-assisted housing program. housing.
(b) For purposes of this section:
(1) Affordable housing means housing developments in which some 25 percent or more of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Code, and to which employees of the taxpayer who are individuals of low income have first priority to purchase or rent.
(2)Employer-assisted housing program includes monetary assistance for, or the subsidizing of, rent or mortgage payments for housing insecure employees or employer-funded housing developments for housing insecure employees.
(3)Housing insecure means a condition where a person lacks a fixed, regular, and adequate residence, or where a persons primary sleeping accommodation is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for people.
(2) Qualified land or property means land or property that is deed restricted to ensure that the affordable housing units, if rented, shall be made available to individuals and families of low income for a period of 55 years or more or if the units are owned and deed restricted to ensure the continued affordability of all affordable ownership units for a period of 45 years.
(3) Qualified nonprofit organization means a nonprofit charitable organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code that constructs affordable housing.
(c) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year.
(d) 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.
(e) For the purpose of complying with Section 41, the goal, purpose, objective performance indicators, and data collection requirements for the credit allowed by this section shall be as specified in subdivision (e) of Section 17057.7.
(f) This section shall remain operative until December 1, 2028, and as of that date is repealed.
SEC. 3. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
SEC. 3. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
SEC. 3. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
### SEC. 3.