AB 52 California Assembly · 2023-2024 Regular Session

Income tax credit: sales and use taxes paid: manufacturing equipment: research and development equipment.

Summary
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.
Bill status vetoed 4 of 5 stages cleared
Introduction
Dec 2022
Committee Review
Sep 2023
Assembly Passage
May 2023
Senate Passage
Aug 2024
Vetoed
Sep 2024
Introduced Dec 5, 2022 Vetoed Sep 20, 2024
Floor votes · Senate Aug 28, 2024 · Assembly May 22, 2023

How they voted

390
Passed · 1 other
Total votes 40
Aug 28, 2024
D Democratic31
31 Yea
100% Yea
R Republican9
8 Yea 1
88% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
10
Committee
12
Amendments
8
Sep 20, 2024
Vetoed
Vetoed by Governor.
lower
Aug 29, 2024
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.).
lower
Aug 28, 2024
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.
lower
Aug 28, 2024
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).
upper
Aug 15, 2024
Upper · Passed
Read second time and amended. Ordered returned to second reading.
upper
Aug 15, 2024
Introduced
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 15).
upper
Sep 1, 2023
Upper · Passed
In committee: Held under submission.
upper
Jun 26, 2023
Committee
In committee: Referred to APPR. suspense file.
upper
Jun 15, 2023
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Jun 14, 2023
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 14).
upper
May 31, 2023
Committee
Referred to Com. on GOV. & F.
upper
May 22, 2023
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1705.)
lower
May 18, 2023
Lower · Passed
From committee: Do pass. (Ayes 15. Noes 0.) (May 18).
lower
May 17, 2023
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
May 2, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (May 1). Re-referred to Com. on APPR.
lower
Apr 20, 2023
Committee
Re-referred to Com. on REV. & TAX.
lower
Apr 19, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
lower
Apr 18, 2023
Committee
In committee: Set, second hearing. Referred to REV. & TAX. suspense file.
lower
Apr 11, 2023
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Mar 20, 2023
Committee
Re-referred to Com. on REV. & TAX.
lower
Mar 16, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
lower
Mar 16, 2023
Committee
Referred to Com. on REV. & TAX.
lower
Dec 6, 2022
Lower · Passed
From printer. May be heard in committee January 5.
lower
1 primary · 4 co-sponsors

Sponsors