BILL NUMBER: AB 232	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2013
	AMENDED IN ASSEMBLY  APRIL 2, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Ting

                        FEBRUARY 5, 2013

   An act to add  Sections   and repeal Section
 17053.15  and 23683 to  of  the
Revenue and Taxation Code, relating to taxation, to take effect
immediately, tax levy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 232, as amended, Ting. Income taxes:  credits:
  credit:  gun buybacks.
   The Personal Income Tax Law  and the Corporation Tax Law
allow   allows  various credits against the taxes
imposed by  those laws   that law  .
   This bill, for taxable years beginning on or after January 1,
2014,  and before January 1, 2017,  would allow a credit
against the taxes imposed under the Personal Income Tax Law in an
amount equal to a specified amount for a handgun, shotgun, rifle, or
assault weapon in working condition that is either surrendered
without consideration or sold to local law enforcement in a gun
buyback program during the taxable year, not to exceed 
$5,000   $1,000  per taxable year. 
   This bill, for taxable years beginning on or after January 1,
2014, would allow a credit against the taxes imposed under the
Corporation Tax Law in an amount equal to the monetary amount
contributed during the taxable year by a taxpayer to a gun buyback
program administered by local law enforcement, not to exceed $10,000
per taxable year. 
   This bill would take effect immediately as a tax levy.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17053.15 is added to the Revenue and Taxation
Code, to read:
   17053.15.  (a) (1) For each taxable year beginning on or after
January 1, 2014,  and before January 1, 2017,  there shall
be allowed as a credit against the "net tax," as defined in Section
17039, an amount equal to the amount described in paragraph (2) for a
handgun, shotgun, rifle, or assault weapon in working condition that
is either surrendered without consideration or sold to local law
enforcement in a gun buyback program during the taxable year, not to
exceed  five   one  thousand dollars
 ($5,000)   ($1,000)  per taxable year.
   (2) The amount of credit allowed under this section is as follows:

   (A) Five   Two    hundred 
fifty  dollars  ($500)   ($250)  per
handgun, shotgun, or rifle that is in working condition.
   (B)  One thousand dollars ($1,000)   Five
hundred dollars ($500)  per assault weapon that is in working
condition.
   (b) The taxpayer shall keep a record of the type of handgun,
shotgun, rifle, or assault weapon surrendered or sold to local law
enforcement in a buyback program, the number surrendered or sold, the
name, address, and date of the buyback program or any other
information the Franchise Tax Board may prescribe by regulation. This
record shall be furnished to the Franchise Tax Board upon request.
   (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 succeeding two years if necessary, until the credit has been
exhausted.
   (d) This credit shall be in lieu of any other credit or deduction
that the taxpayer may otherwise claim pursuant to this part with
respect to the surrender without consideration of a handgun, shotgun,
rifle, or assault weapon.
   (e) (1) The Franchise Tax Board may promulgate rules and
regulations as necessary or appropriate to implement this section.
   (2) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to any
rules or regulations established or issued by the Franchise Tax Board
pursuant to this section. 
   (f) This section shall remain in effect only until December 1,
2017, and as of that date is repealed.  
  SEC. 2.    Section 23683 is added to the Revenue
and Taxation Code, to read:
   23683.  (a) For each taxable year beginning on or after January 1,
2014, there shall be allowed as a credit against the "tax," as
defined in Section 23036, an amount equal to the monetary amount
contributed during the taxable year by a taxpayer to a gun buyback
program administered by local law enforcement, not to exceed ten
thousand dollars ($10,000) per taxable year.
   (b) The taxpayer shall keep a record of the monetary amount
contributed, the date of contribution, and the name, address, and
date of the buyback program, or any other information the Franchise
Tax Board may prescribe by regulation. This record shall be furnished
to the Franchise Tax Board upon request.
   (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
succeeding two years if necessary, until the credit has been
exhausted.
   (d) This credit shall be in lieu of any other credit or deduction
that the taxpayer may otherwise claim pursuant to this part with
respect to the monetary amount that is contributed.
   (e) (1) The Franchise Tax Board may promulgate rules and
regulations as necessary or appropriate to implement this section.
   (2) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to any
rules or regulations established or issued by the Franchise Tax Board
pursuant to this section. 
   SEC. 3.   SEC. 2.   This act provides
for a tax levy within the meaning of Article IV of the Constitution
and shall go into immediate effect.