AB 122 California Assembly · 2025-2026 Regular Session

Taxation.

AB 122 is a procedural resolution that expresses the Legislature's intent to enact statutory changes related to the Budget Act of 2025. It does not specify concrete policy changes or affect any particular group; instead, it formally states the Legislature's future direction for budget-related statutes. The bill serves as a preliminary step, signaling that substantive budget legislation will follow but not outlining its content. As a resolution of intent, it has no immediate effect on current budget processes or beneficiaries. Actual policy details would be defined in subsequent, separate legislative proposals.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Jun 2026
Assembly Passage
Mar 2025
Senate Passage
Governor
Introduced Jan 8, 2025 Last action Aug 6, 2026
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What changed between versions

01/08/25 - Introduced 06/12/26 - Amended Senate · 10 edits · Jun 12, 2026
MAJOR
AB 122 was transformed from a simple legislative intent bill into a comprehensive taxation package. The amended version imposes sales and use tax on digital products (prewritten computer software) effective January 1, 2027, extends business credit limitations through 2030, reduces the minimum franchise tax for new LLCs and partnerships to $400 for their first taxable year (2027-2029), and imposes a 100% tax on payments from the federal Anti-Weaponization Fund. The bill also appropriates $750,000 to CDTFA and requires a two-thirds vote due to the tax increase.
SCOPE

Expands 'tangible personal property' under the Sales and Use Tax Law to include digital products (prewritten computer software) and associated copyright or patent interests, making them subject to sales and use tax effective January 1, 2027.

Imposes a 100% tax on any settlement fund payment from the federal Anti-Weaponization Fund (established May 18, 2026) or any subsequent fund, settlement, or agreement, for taxable years beginning on or after January 1, 2026 and before January 1, 2030. The tax is not subject to reduction by deductions or credits.

Changes the voting requirement from a simple majority to two-thirds approval of each house, because the bill results in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution.

DEFINITION

Defines 'digital product' as prewritten computer software transferred on tangible storage media, transferred electronically, or accessed remotely. Explicitly excludes digital assets (crypto), digital audio works, digital audiovisual works, digital books, digital infrastructure (cloud services), digital video game products, and digital visual works.

REQUIREMENT

Establishes a $5 million annual gross receipts threshold: retailers exceeding this amount are relieved of sales tax collection on electronically transferred or remotely accessed digital products, and purchasers must self-assess and pay use tax directly to CDTFA. The threshold adjusts every five years based on California CPI.

TIMELINE

Extends the $5 million business credit limitation (currently set to expire for taxable years beginning before January 1, 2027) through taxable years beginning before January 1, 2030. For taxable years beginning on or after January 1, 2030, sets a new limit of 70% of total taxes imposed or $5 million, whichever is greater.

FISCAL

Reduces the annual minimum franchise tax from $800 to $400 for limited partnerships, limited liability partnerships, and LLCs for their first taxable year, for taxable years beginning on or after January 1, 2027 and before January 1, 2030.

Appropriates $750,000 from the General Fund to the California Department of Tax and Fee Administration to administer the new digital product sales and use tax provisions.

ENFORCEMENT

Prohibits local agencies from entering agreements that result in payment, transfer, diversion, or rebate of tax revenue from digital products transferred electronically or accessed remotely under Bradley-Burns local sales and use tax law.

TECHNICAL

Establishes detailed sourcing rules for digital products: in-person sales are sourced to the seller's place of business; non-in-person sales are sourced to the purchaser's known address (billing, then shipping, then payment instrument mailing, then general mailing address); if no California address is available, the sale is deemed outside the state.

Floor votes · Assembly Mar 20, 2025

How they voted

5217
Passed · 10 other
Total votes 79
Mar 20, 2025
D Democratic59
52 Yea 7
88% Yea
R Republican20
17 Nay 3
85% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
18
Key actions
7
Committee
8
Amendments
1
Jun 17, 2026
Upper · Passed
From committee: Do pass. (Ayes 11. Noes 5.) (June 17).
upper
Jun 15, 2026
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jun 12, 2026
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F. R.
upper
Feb 13, 2026
Upper · Passed
In committee: Hearing postponed by committee.
upper
Feb 4, 2026
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jun 25, 2025
Upper · Passed
In committee: Hearing postponed by committee.
upper
Apr 2, 2025
Committee
Referred to Com. on B. & F. R.
upper
Mar 20, 2025
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 17. Page 724.)
lower
Feb 3, 2025
Committee
Referred to Com. on BUDGET.
lower
Jan 9, 2025
Lower · Passed
From printer. May be heard in committee February 8.
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.