Santa Cruz Real Estate Update
BILL NUMBER: AB 183 ENROLLED BILL TEXT PASSED THE SENATE MARCH 22, 2010 PASSED THE ASSEMBLY MARCH 22, 2010 AMENDED IN SENATE MARCH 18, 2010 AMENDED IN SENATE SEPTEMBER 4, 2009INTRODUCED BY Assembly Member Caballero (Principal coauthors: Senators Ashburn and Calderon) (Coauthor: Assembly Member Huber) (Coauthor: Senator Alquist) FEBRUARY 2, 2009 An act to add and repeal Section 17059.1 of the Revenue andTaxation Code, relating to taxation, to take effect immediately, taxlevy. LEGISLATIVE COUNSEL'S DIGEST AB 183, Caballero. Income tax credit: qualified principalresidence. The Personal Income Tax Law authorizes various credits against thetaxes imposed by that law, including a credit against those taxes inan amount equal to the lesser of 5% of the purchase price of aqualified principal residence, as defined, or $10,000, for purchasesmade between March 1, 2009, and before March 1, 2010, subject tospecified restrictions. This bill would authorize a credit against those taxes in anamount equal to the lesser of 5% of the purchase price of a qualifiedprincipal residence, as defined, or $10,000, for purchases madebetween May 1, 2010, and on or before December 31, 2010, or on orafter December 31, 2010, and before August 1, 2011, subject tospecified restrictions, including the submission of a certificationto the Franchise Tax Board by either the taxpayer or seller, madeunder the penalty of perjury, that the residence has either neverbeen occupied or that the taxpayer is a first-time home buyer. This bill would limit the total amount of credits to $200,000,000and would require that the aggregate limitation of $100,000,000 incredits for the purchase of qualified principal residences that havenever been occupied be reduced by 70% of the credit amount allocatedunder each certification by the Franchise Tax Board, and wouldrequire that the aggregate limitation of $100,000,000 in credits forthe purchase of a qualified principal residence by first-time homebuyers be reduced by 57% of the credit amount allocated under eachcertification by the Franchise Tax Board. By expanding the definition of an existing crime, this billimposes a state-mandated local program. The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by thestate. Statutory provisions establish procedures for making thatreimbursement. This bill would provide that no reimbursement is required by thisact for a specified reason. This bill would take effect immediately as a tax levy.THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 17059.1 is added to the Revenue and TaxationCode, to read: 17059.1. (a) (1) In the case of any taxpayer who purchases aqualified principal residence on and after May 1, 2010, and on orbefore December 31, 2010, or any taxpayer who purchases a qualifiedprincipal residence on and after December 31, 2010, and before August1, 2011, pursuant to an enforceable contract executed on or beforeDecember 31, 2010, there shall be allowed as a credit against the"net tax," as defined in Section 17039, an amount equal to the lesserof 5 percent of the purchase price of the qualified principalresidence or ten thousand dollars ($10,000). (2) The amount of any credit allowed under paragraph (1) shall beapplied in equal amounts over the three successive taxable yearsbeginning with the taxable year in which the purchase of thequalified principal residence is made. (3) The credit under this section shall be allowed for thepurchase of only one qualified principal residence with respect toany taxpayer. (4) A qualified principal residence is purchased on the date onwhich escrow closes with respect to the purchase of the qualifiedprincipal residence. (b) For purposes of this section: (1) "Qualified principal residence" means a single-familyresidence, whether detached or attached, that is purchased to be theprincipal residence of the taxpayer, is eligible for the homeowner'sexemption under Section 218, and has either never been occupied or ispurchased by a first-time home buyer. (2) "First-time home buyer" means any individual, or individual'sspouse, who had no present ownership interest in a principalresidence during the preceding three-year period ending on the dateof the purchase of the qualified principal residence. (c) (1) (A) A taxpayer may, but is not required to, reserve acredit prior to close of escrow for the purchase of a qualifiedprincipal residence that has never been occupied. To reserve acredit, the taxpayer and seller shall jointly sign and submit to theFranchise Tax Board a certification that they have entered into anenforceable contract on or after May 1, 2010, and on or beforeDecember 31, 2010. Upon receipt of the joint certification, theFranchise Tax Board shall notify the taxpayer that the board hasreserved the credit for the taxpayer, pending receipt, within twoweeks after the close of escrow, of the information required underparagraph (2) for a qualified principal residence that has never beenoccupied. (B) The reservation of a credit shall be canceled if a taxpayerdoes not provide either the information required under paragraph (2)or a notification of cancellation before August 16, 2011. (2) No credit shall be allowed under this section unless thetaxpayer submits to the Franchise Tax Board, within two weeks afterthe date of the purchase of the qualified principal residence, a copyof the properly executed settlement statement and either one of thefollowing: (A) If the qualified principal residence has never been occupied,a certification by the seller, made under penalty of perjury, thatthe residence has never been previously occupied. (B) If the qualified principal residence is purchased by ataxpayer who is a first-time home buyer, a certification from thetaxpayer, made under penalty of perjury, that he or she is afirst-time home buyer. (d) If the taxpayer does not occupy the qualified principalresidence as his or her principal residence for at least two yearsimmediately following the purchase, any remaining unapplied creditshall be canceled and any previously applied credit shall berecaptured, and the taxpayer shall be liable for any increase in taxattributable to the recapture of any credit previously allowed underthis section. (e) (1) In the case of two married taxpayers filing separately,the credit allowed under subdivision (a) shall be equally apportionedbetween the two taxpayers. (2) If two or more taxpayers who are not married purchase aqualified principal residence, the amount of the credit allowed undersubdivision (a) shall be allocated among the taxpayers in the samemanner as each taxpayer's percentage of ownership, except that thetotal amount of the credits allowed to all of these taxpayers shallnot exceed an amount equal to the lesser of 5 percent of the purchaseprice of the qualified principal residence or ten thousand dollars($10,000). (f) (1) The total amount of credit that may be allocated pursuantto this section shall not exceed one hundred million dollars($100,000,000) for the purchase of qualified principal residencesthat have never been occupied and one hundred million dollars($100,000,000) for the purchase of qualified principal residences byfirst-time home buyers. (A) For each certification or reservation received from a taxpayerfor the purchase of a qualified principal residence that has neverbeen occupied, the total amount of credit available for allocationshall be reduced by an amount equal to 70 percent of the amount ofthe credit for the purchase of a qualified principal residence thathas never been occupied. (B) For each certification received from a taxpayer for thepurchase of a qualified principal residence by a first-time homebuyer, the total amount of credit available for allocation shall bereduced by an amount equal to 57 percent of the amount of the creditfor the purchase of a qualified principal residence by a first-timehome buyer. (2) Once the credits allocated for qualified principal residencesthat have never been occupied exceed the limit established insubparagraph (A) of paragraph (1), the Franchise Tax Board shallestablish a wait list for subsequently received certifications orreservations, with an order of priority based on the datecertification or reservation was received by the Franchise Tax Board.The Franchise Tax Board shall notify taxpayers on the wait list nolater than December 31, 2011, as to whether they have been allocateda credit and the amount allocated. (3) In the case where a taxpayer is both a first-time home buyer,as described in paragraph (2) of subdivision (b), and the purchaserof a qualified principal residence that has never been occupied, theFranchise Tax Board shall allocate that taxpayer their credit amountfrom the one hundred million dollars ($100,000,000) for qualifiedprincipal residences that have never been occupied. (g) (1) Upon receipt of the information described in subdivision(c), the Franchise Tax Board shall allocate the credit to thetaxpayer on a first-come-first-served basis. (2) (A) Except as provided in subparagraph (B), the taxpayer shallclaim the credit on a timely filed original return. (B) Taxpayers on the wait list, as described in paragraph (2) ofsubdivision (f), that are allocated a credit for a qualifiedprincipal residence that was purchased in the 2010 taxable year mayclaim the credit on an amended income tax return for that taxableyear. (3) The date the information described in subdivision (c) isreceived shall be determined by the Franchise Tax Board. (4) (A) The determinations of the Franchise Tax Board with respectto the date the information described in subdivision (c) isreceived, the allocation and reservation of credit, and whether areturn has been timely filed for purposes of this subdivision, maynot be reviewed in any administrative or judicial proceeding. (B) Any disallowance of a credit claimed due to a determinationunder this subdivision, including the application of the limitationspecified in subdivision (f), shall be treated as a mathematicalerror appearing on the return. Any amount of tax resulting from thatdisallowance may be assessed by the Franchise Tax Board in the samemanner as provided by Section 19051. (h) The Franchise Tax Board may prescribe rules, guidelines, orprocedures necessary or appropriate to carry out the purposes of thissection, including any guidelines regarding the allocation of thecredit allowed under this section. Chapter 3.5 (commencing withSection 11340) of Part 1 of Division 3 of Title 2 of the GovernmentCode does not apply to any rule, guideline, or procedure prescribedby the Franchise Tax Board pursuant to this section. (i) The credit allowed by this section is not a business creditwithin the meaning of Section 17039.2. (j) No credit shall be allowed under this section if any of thefollowing apply: (1) The taxpayer was allowed a credit under Section 17059. (2) The taxpayer is not 18 years of age or older as of the date ofpurchase. A taxpayer who is married at the date of purchase shall beconsidered to be 18 years of age if the spouse of the taxpayer is 18years of age or older on the date of purchase. (3) The taxpayer or the taxpayer's spouse, if the taxpayer ismarried, is related to the seller within the meaning of Section 267of the Internal Revenue Code, related to losses, expenses, andinterest with respect to transactions between related taxpayers. (4) The taxpayer qualifies as a dependent, as defined in Section17056, of any other taxpayer for the taxable year of the purchase. (k) This section shall remain in effect only until December 1,2014, and as of that date is repealed. SEC. 2. No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction, eliminates a crime or infraction, or changes the penaltyfor a crime or infraction, within the meaning of Section 17556 of theGovernment Code, or changes the definition of a crime within themeaning of Section 6 of Article XIII B of the CaliforniaConstitution. SEC. 3. This act provides for a tax levy within the meaning ofArticle IV of the Constitution and shall go into immediate effect.
Ben StrockStrock Real Estate 251-A Center Ave. Aptos, CA 95003 Phone: (831) 247-0922 Fax: (831) 603-7003
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