Bill Text: CA SB1191 | 2023-2024 | Regular Session | Introduced

California Senate Bill 1191

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Personal Income Tax Law and Corporation Tax Law: exclusions: environmental credits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-16 - May 16 hearing: Held in committee and under submission. [SB1191 Detail]

Download: California-2023-SB1191-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1191

Introduced by Senator Padilla

February 14, 2024

An act to amend Section 17501 of the Revenue and Taxation Code, relating to taxation.

LEGISLATIVE COUNSEL'S DIGEST

SB 1191, as introduced, Padilla. Personal Income Tax Law.

Existing law, the Personal Income Tax Law, conforms to federal law in its treatment of deferred compensation, except as otherwise provided. Existing law limits the maximum amount of elective deferrals, as defined, that may be excluded from gross income for a taxable year for state personal income tax purposes to the amount of elective deferrals that may be excluded from gross income under a certain provision of the Internal Revenue Code in effect on January 1, 2010, as specified. Existing law increases the basis of a person in a plan, account, or annuity by the amount of elective deferrals not excluded as a result of the limitation on the maximum amount of elective deferrals that may be excluded from gross income.

This bill would make a nonsubstantive change to the above-described provision increasing the basis of a person in a plan, account, or annuity.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 17501 of the Revenue and Taxation Code is amended to read:

17501.

(a) Subchapter D of Chapter 1 of Subtitle A of the Internal Revenue Code, relating to deferred compensation, shall apply, except as otherwise provided.

(b) Notwithstanding the specified date contained in paragraph (1) of subdivision (a) of Section 17024.5, Part I of Subchapter D of Chapter 1 of Subtitle A of the Internal Revenue Code, relating to pension, profitsharing, stock bonus plans, etc., and Part III of Subchapter D of Chapter 1 of Subtitle A of the Internal Revenue Code, relating to rules relating to minimum funding standards and benefit limitations, shall apply, except as otherwise provided, without regard to taxable year to the same extent as applicable for federal income tax purposes.

(c) The maximum amount of elective deferrals (as defined in Section 402(g)(3)) for the taxable year that may be excluded from gross income under Section 402(g) of the Internal Revenue Code, as applicable for state purposes, shall not exceed the amount of elective deferrals that may be excluded from gross income under Section 402(g) of the Internal Revenue Code, as in effect on January 1, 2010, including additional elective deferrals under Section 414(v) of the Internal Revenue Code, as in effect on January 1, 2010.

(d) (1) For taxable years beginning on or after January 1, 2002, the basis of ~~any~~ a person in the plan, account, or annuity shall be increased by the amount of elective deferrals not excluded as a result of the application of subdivision (c).

(2) Any basis described in paragraph (1) shall be recovered in the manner specified in Section 17085.

(e) Notwithstanding the limitations provided in subdivision (c), any income attributable to elective deferrals in taxable years beginning on or after January 1, 2002, in conformance with Part I of Subchapter D of Chapter 1 of Subtitle A of the Internal Revenue Code, as applicable for federal and state purposes, shall not be includable in the gross income of the individual for whose benefit the plan or account was established until distributed pursuant to the plan or by operation of law.