Section § 1

Explanation

This is the introduction to a set of laws dealing with taxes and revenue matters. It's called the Revenue and Taxation Code.

This act shall be known as the Revenue and Taxation Code.

Section § 2

Explanation

This law section says that if any part of this code is similar to existing laws about the same topic, it's meant to update or restate those laws, not create new ones.

The provisions of this code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter shall be construed as restatements and continuations, and not as new enactments.

Section § 3

Explanation

This section ensures that anyone already holding a public office when this new code takes effect can keep their position under their current terms, as long as their role still exists in the new code.

All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold them according to their former tenure.

Section § 4

Explanation

This law says that if a legal action or proceeding started before this code became effective, or if someone had certain rights before that time, the new rules won't change those actions or rights. However, any procedures moving forward should try to follow the new rules as much as they can.

Any action or proceeding commenced before this code takes effect, or any right accrued, is not affected by this code, but all procedure taken shall conform to the provisions of this code as far as possible.

Section § 5

Explanation

This section explains that the general rules provided next will help interpret and understand the rest of this code, unless there's a good reason not to apply them.

Unless the context otherwise requires, the general provisions hereinafter set forth govern the construction of this code.

Section § 6

Explanation
The titles and headings used in the code do not change or influence how the laws and their intentions are understood or applied.
Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.

Section § 7

Explanation

If a task or authority is given to a person or board by this code, someone else, like a deputy or another authorized person, can do it for them. However, if the code specifically says only that person or board can do it, then they must handle it themselves.

Whenever a power is granted to, or a duty imposed on, any person or board by any provision of this code, it may be exercised or performed by any deputy or person authorized by the person or board to whom the power is granted or on whom the duty is imposed, unless it is expressly provided that the power or duty shall be exercised or performed only by the person or board to whom the power is granted or on whom the duty is imposed.

Section § 8

Explanation

This law says that any document required by the code, such as a notice, report, or petition, must be written in English and must be able to be understood by reading it with your eyes.

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, petition, permit, statement, or record is required by this code, it shall be made in writing in the English language.

Section § 9

Explanation

This section means that when a law mentions any part of this code or another law, it's including any changes and updates made to those laws, both now and in the future.

Whenever any reference is made to any portion of this code or of any other law, the reference applies to all amendments and additions thereto now or hereafter made.

Section § 10

Explanation

This law section clarifies how to understand certain terms in this code. When the word 'section' is used, it refers to a section within this same legal code unless it points to a different law. Similarly, 'subdivision' means a part of the section in which it appears unless it refers to a part of another section.

“Section” means a section of this code unless some other statute is specifically mentioned and “subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned.

Section § 11

Explanation

This rule means that when interpreting legal documents, references to actions in the present tense can also apply to those actions if they happened in the past or will happen in the future.

The present tense includes the past and future tenses; and the future, the present.

Section § 12

Explanation

This law section clarifies that when laws refer to the masculine gender, it also includes references to feminine and neutral genders. It means the law is intended to be inclusive and not limited to men only.

The masculine gender includes the feminine and neuter.

Section § 12.2

Explanation

This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.

“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.

Section § 13

Explanation

This section means that if something in the law is written in the singular form (for example, 'person'), it should also be understood in the plural (as 'persons'), and vice versa. It makes sure that legal language is flexible and can apply to both one and many things or people.

The singular number includes the plural, and the plural the singular.

Section § 14

Explanation

This law section defines the term "city" to encompass various types of local government areas, such as an incorporated city, city and county, municipal corporation, municipality, town, and incorporated town.

“City” includes incorporated city, city and county, municipal corporation, municipality, town, and incorporated town.

Section § 15

Explanation

This law clarifies that when you come across the term "county" in this context, it also covers both individual cities and combined city-counties.

“County” includes city and county.

Section § 16

Explanation

This legal section clarifies the meaning of two words often used in laws. "Shall" means you must do something, while "may" means you have the option to do it but it's not required.

“Shall” is mandatory and “may” is permissive.

Section § 17

Explanation

In this law, 'oath' refers not only to spoken promises but also to written statements that someone signs, promising they're telling the truth. Signing these statements under the threat of punishment for lying is considered the same as taking an oath.

“Oath” includes affirmation and written declarations signed under the penalties of perjury.

Section § 18

Explanation

This law states that when the term "signature" or "subscription" is used, it also includes a mark made by a person, as long as it follows the requirements set out in the Civil Code.

“Signature” or “subscription” includes mark. Such mark shall be made as required in the Civil Code.

Section § 19

Explanation

This law clarifies that the term "person" doesn't just mean an individual but also includes various business entities like firms, partnerships, and corporations. Specifically, in certain divisions of this law, "person" also extends to roles involved in managing or distributing assets, like trustees or executors.

“Person” includes any person, firm, partnership, general partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind. As used in Division 2 (commencing with Section 6001), “person” shall include, in addition to the items of definition contained in the first sentence, trustee, trustee in bankruptcy, receiver, executor, administrator, or assignee.

Section § 20

Explanation

This law section defines the term "board" for tax-related matters in California. Usually, "board" refers to the California Department of Tax and Fee Administration. However, when it comes to appeals where authority has been transferred, "board" means the Office of Tax Appeals. In certain cases where authority remains, "board" refers to the State Board of Equalization. These definitions became effective on July 1, 2017.

(a)CA Revenue & Taxation Code § 20(a) Except as otherwise provided in subdivisions (b) and (c), and notwithstanding any other law, “board” means the California Department of Tax and Fee Administration.
(b)CA Revenue & Taxation Code § 20(b) Unless the context requires otherwise, as used in this code or any other code, “board,” with respect to an appeal, means the Office of Tax Appeals if the authority to handle appeals has been transferred from the State Board of Equalization to the Office of Tax Appeals pursuant to Part 9.5 (commencing with Section 15670) of Division 3 of Title 2 of the Government Code.
(c)CA Revenue & Taxation Code § 20(c) Unless the context requires otherwise, as used in this code or any other code, “board” means the State Board of Equalization where the State Board of Equalization has retained authority pursuant to subdivision (b) or (c) of Section 15600.
(d)CA Revenue & Taxation Code § 20(d) This section shall become operative on July 1, 2017.

Section § 20.5

Explanation

This law clarifies that when terms like "board, itself" or "State Board of Equalization meeting as a public body" are used, they actually refer to the California Department of Tax and Fee Administration in cases where responsibilities have shifted to them as outlined in another government section. Similarly, terms like "executive director" or "executive officer of the board" should be understood to mean the director of the California Department of Tax and Fee Administration when those duties have been transferred.

(a)CA Revenue & Taxation Code § 20.5(a) Unless the context requires otherwise, as used in this code or any other code, “board, itself” or “State Board of Equalization meeting as a public body” means the California Department of Tax and Fee Administration for those duties, powers, and responsibilities transferred to the California Department of Tax and Fee Administration pursuant to Section 15570.22 of the Government Code.
(b)CA Revenue & Taxation Code § 20.5(b) Unless the context requires otherwise, as used in this code or any other code, “executive director” or “executive officer of the board” means the director of the California Department of Tax and Fee Administration for those duties, powers, and responsibilities transferred to the California Department of Tax and Fee Administration pursuant to Section 15570.22 of the Government Code.

Section § 21

Explanation

This section specifies that whenever the term “Controller” is used, it refers to the State Controller of California.

“Controller” means the State Controller.

Section § 22

Explanation

In a city or county, the term 'auditor' refers to the main person responsible for managing the accounts, regardless of their official job title.

“Auditor” of a city or county means the chief accounting officer, by whatever title he may be known.

Section § 23

Explanation

This section defines the term "assessee" as the individual who is charged with the property or tax assessment.

“Assessee” means the person to whom property or a tax is assessed.

Section § 24

Explanation

This law means that when the government is collecting taxes, the process can't be considered illegal just because of minor mistakes or because it took longer than expected.

No act in all the proceedings for raising revenue by taxation is illegal on account of informality or because not completed within the required time.

Section § 25

Explanation
If you need to send a notice to someone as required by this code, you can do it through the mail following the method described in the Code of Civil Procedure, unless there's a specific instruction that says otherwise.
Unless expressly otherwise provided, any notice required to be given to any person by any provision of this code may be given in the manner prescribed in the Code of Civil Procedure for service by mail.

Section § 26

Explanation

This section states that if any part of this code is found to be invalid or unenforceable for a specific person or situation, the rest of the code remains valid and unaffected.

If any provision of this code, or its application to any person or circumstance, is held invalid, the remainder of the code, or the application of the provision to other persons or circumstances, is not affected.

Section § 27

Explanation

This section states that the code and any changes made to it by laws passed during the fifty-third session of the Legislature became effective on February 1, 1941.

This code, and any amendment hereto made by any statute enacted at the fifty-third session of the Legislature, takes effect on February 1, 1941.

Section § 28.5

Explanation

In this section, when the term "partnership" is used, it also refers to different types of business structures like limited liability companies (LLCs), registered limited liability partnerships, and foreign limited liability partnerships. However, this doesn't apply if the context or specific rules say otherwise.

As used in Division 1 of this code, “partnership” shall include limited liability company, registered limited liability partnership, and foreign limited liability partnership, except where the context or the specific provisions of this division otherwise require.

Section § 29

Explanation

This section allows an official, who starts a legal action related to tax or revenue laws, to choose which county the case will be filed and handled, unless there’s a specific law that states otherwise.

Whenever any official is authorized to commence an action for the violation of any law relating to revenue or to compel the specific performance of such a law, he may designate the county in which the action shall be commenced and prosecuted, unless otherwise provided by law.

Section § 30

Explanation

This law ensures that California courts will recognize and enforce tax obligations that people owe to other states, as long as those states also recognize and enforce tax obligations owed to California.

The courts of this State shall recognize and enforce liabilities for taxes lawfully imposed by any other state, or the political subdivisions thereof, which extends a like comity to this State.

Section § 31

Explanation

This law allows California's Attorney General or local government officials to file lawsuits in other states to collect taxes that are owed to California or its local governments. If other states offer the same courtesy, their officials can also sue in California to collect taxes owed to them. A certificate from California's Secretary of State will serve as undeniable proof that the officials have the authority to collect such taxes. This section does not apply to specific tax parts under Division 2.

The Attorney General or an appropriate official of any political subdivision of this State may bring suits in the courts of other states to collect taxes legally due this State or any political subdivision thereof. The officials of other states which extend a like comity to this State are empowered to sue for the collection of such taxes in the courts of this State. A certificate by the Secretary of State under the Great Seal of the State that such officers have authority to collect the tax is conclusive evidence of such authority. This section does not apply to Parts 8 and 9 of Division 2.

Section § 33

Explanation
This law states that human blood, plasma, blood products, blood derivatives, and human body parts stored for medical reasons are not subjected to any kind of tax.
Human whole blood, plasma, blood products, and blood derivatives, or any human body parts held in a bank for medical purposes, shall be exempt from taxation for any purpose.

Section § 34

Explanation

This law says that if someone pays a tax to the state that should have gone directly to a local government, the state can give that money to the right local authority and let the payer know. However, the local government must first agree, through a formal resolution, to treat any taxes received this way as if they were paid on time directly to them. They also need to process any payment claims as if they got the money first.

Whenever an amount of money paid by a person to the state or any of its agencies includes a sum which can be identified as in fact intended as payment of a locally administered tax which should have been paid directly to a city, city and county, county or district within the state, the state or its agency may pay the amount to the local government entitled thereto and notify the payor of its action. This procedure, however, shall not be followed by the state or any of its agencies unless the governing body of the local government concerned has, by resolution, agreed with respect to such payments that a timely payment received by the state or its agency will be regarded as a timely payment to the local government concerned, and that it will process all claims with respect to such payment in the same manner as though the payment had been made to it in the first instance.

Section § 35

Explanation

This California law mandates how population numbers are used for allocating and distributing government funds to cities. Specifically, for a particular city with a population of 38,925 in 1985, its population count for funding purposes remains the same until the 1990 Federal Census is certified. Each year, starting in 1986, this population figure is adjusted based on California's overall population growth percentage.

Commencing with its January 1, 1985, population base and continuing until the date of certification of the 1990 Federal Census, the population to be used by the Controller and by all other state and county agencies for all purposes of allocation and distribution of grant funds and subventions, including, without limitation, the annual allocation from the Public Library Fund and from the Motor Vehicle License Fee Account in the Transportation Tax Fund, for any general law city located in a county of the 11th class, which city’s population as of January 1, 1985, was 38,925 based upon an estimate validated by the Department of Finance, shall be 38,925, adjusted annually, commencing January 1, 1986, by the percentage of population growth of the State of California as a whole.

Section § 36

Explanation

This law states that if a notice or message is required to be sent by registered mail, sending it by certified mail is also acceptable and meets the legal requirements.

Whenever any notice or other communication is required by this code to be mailed by registered mail, the mailing of such notice or other communication by certified mail shall be deemed to be sufficient compliance with the requirements of law.

Section § 36.5

Explanation

This law section requires the tax collector to post any official notice that must be published in a newspaper also on the tax collector’s website. This online notice must stay up for at least as long as the newspaper publication. The notice can be posted in two ways: either by uploading the newspaper article as a PDF or by linking to the newspaper's website. Here, the term 'newspaper' refers to one that's widely read and generally available.

(a)CA Revenue & Taxation Code § 36.5(a) Whenever this code requires the tax collector to publish a notice in a newspaper, the tax collector shall also provide notice on the tax collector’s regularly maintained Internet Web site.
(b)CA Revenue & Taxation Code § 36.5(b) Any notice provided on the tax collector’s Internet Web site pursuant to this section shall be available for at least the same amount of time as the notice is required to be published in a newspaper.
(c)CA Revenue & Taxation Code § 36.5(c) The notice required pursuant to subdivision (a) shall be provided using either of the following methods:
(1)CA Revenue & Taxation Code § 36.5(c)(1) By posting a copy of the newspaper containing the notice in a format that is downloaded in PDF format.
(2)CA Revenue & Taxation Code § 36.5(c)(2) By providing a link to the Internet Web site of the newspaper containing the notice.
(d)CA Revenue & Taxation Code § 36.5(d) For purposes of this section, “newspaper” means a newspaper of general circulation.

Section § 37

Explanation

This law states that if you paid any late supplemental unsecured property taxes or adjusted tax amounts by December 31, 1981, you won't have to pay extra interest or penalties for those late payments. Supplemental unsecured property taxes refer to additional taxes from the 1978-79 tax year for certain city and district levies, after excluding voter-approved debt rates, that exceed $4 per $100 of property value. The 'readjusted amount' refers to tax differences if a certain property tax rule had been applied to that time period.

Notwithstanding any other provision of law, all interest and penalties owing due to late payment of supplemental unsecured property tax levies shall be canceled, if such payment is made by December 31, 1981.
Notwithstanding any other provision of law, all interest and penalties owing on the readjusted amount of any other tax resulting from supplemental unsecured property tax levies shall be canceled, if the payment of such readjusted tax is made by December 31, 1981.
As used in this section, “supplemental unsecured property tax levies” shall mean that amount of property tax levied by any city, county, city and county, and special district which is attributable to that portion of the property tax rate levied on the unsecured roll for the 1978–79 tax year, less the rate for voter-approved indebtedness, which is in excess of four dollars ($4) per one hundred dollars ($100) of assessed value.
As used in this section, “the readjusted amount of any other tax resulting from supplemental unsecured property tax levies” shall mean the difference in any other tax levy between the amount that would have been levied had Article XIII A applied to the 1978–79 unsecured property tax roll and the amount levied using the 1977–78 secured roll property tax rate.

Section § 38

Explanation

This law requires the Legislative Analyst to prepare a report for the Legislature by November 1, 2004. The report should evaluate the potential benefits of consolidating certain functions of the Franchise Tax Board, the State Board of Equalization, and the Employment Development Department. These functions include remittance processing, cashiering, and mail processing.

The agencies must provide necessary data and assist the Legislative Analyst, focusing on the financial pros and cons of such consolidation. The report aims to assess if combining these operations could eliminate duplicated tasks, boost efficiency with new technology, and increase state interest earnings.

(a)CA Revenue & Taxation Code § 38(a) The Legislative Analyst shall submit a report to the Legislature regarding the possible consolidation of the remittance processing and cashiering functions and the mail processing operations, of the Franchise Tax Board, the State Board of Equalization, and the Employment Development Department.
(b)CA Revenue & Taxation Code § 38(b) The Franchise Tax Board, the State Board of Equalization, and the Employment Development Department shall provide the Legislative Analyst all data and information that the Legislative Analyst identifies as necessary for completing the report and shall assist the Legislative Analyst in the preparation of the report. The information provided to the Legislative Analyst shall include, but not be limited to, an evaluation of the short- and long-term fiscal and budgetary advantages and disadvantages that would result from the proposed consolidation of the remittance processing and cashiering functions and the mail processing functions of, the Franchise Tax Board, the State Board of Equalization, and the Employment Development Department. Any data and information requested by the Legislative Analyst shall be submitted on or before July 1, 2004.
(c)CA Revenue & Taxation Code § 38(c) The purpose of the report required by this section is to determine, to the extent possible and based on available information and reasonable assumptions, if there are any benefits to the consolidation of the management and control of these operations based on all of the following criteria:
(1)CA Revenue & Taxation Code § 38(c)(1) The elimination of duplicative functions and fragmented responsibilities.
(2)CA Revenue & Taxation Code § 38(c)(2) Increased operational efficiencies due to the use of improved technologies and economies of scale.
(3)CA Revenue & Taxation Code § 38(c)(3) Additional interest earnings for the state.
(d)CA Revenue & Taxation Code § 38(d) For purposes of this section, “remittance processing and cashiering” means receiving, batching, balancing, and depositing remittances.
(e)CA Revenue & Taxation Code § 38(e) The Legislative Analyst shall provide to the Legislature its report and any recommendations and considerations with regard to the possible consolidation of these functions by November 1, 2004.

Section § 38.7

Explanation

This law requires the Legislative Analyst’s Office to prepare a report by January 1, 2016, evaluating the economic impact and administration of certain tax credits related to the film industry. The office can request specific information from the California Film Commission, the Franchise Tax Board, and other relevant agencies to do this. These agencies must provide all necessary data. The information collected is confidential, but the office can publish statistical reports as long as specific taxpayers aren't identified.

(a)CA Revenue & Taxation Code § 38.7(a) On or before January 1, 2016, the Legislative Analyst’s Office shall provide to the Assembly Committee on Revenue and Taxation, the Senate Committee on Governance and Finance, and the public a report evaluating the economic effects and administration of the tax credits allowed pursuant to Sections 6902.5, 17053.85, and 23685. In researching the reports, the Legislative Analyst’s Office may do all of the following:
(1)CA Revenue & Taxation Code § 38.7(a)(1) Request and receive all information provided to the California Film Commission pursuant to subdivision (g) of Sections 17053.85 and 23685.
(2)CA Revenue & Taxation Code § 38.7(a)(2) Request and receive all information provided to the Franchise Tax Board relating to the sale or assignment of credits pursuant to subdivision (c) of Sections 17053.85 and 23685.
(3)CA Revenue & Taxation Code § 38.7(a)(3) Request and receive all information provided to the board pursuant to subdivisions (c) and (g) of Section 6902.5.
(b)CA Revenue & Taxation Code § 38.7(b) The California Film Commission, the board, the Franchise Tax Board, the Employment Development Department, and all other relevant state agencies shall provide additional information, as specified by the Legislative Analyst’s Office, as needed to research the reports required by this section.
(c)Copy CA Revenue & Taxation Code § 38.7(c)
(1)Copy CA Revenue & Taxation Code § 38.7(c)(1) The information received by the Legislative Analyst’s Office pursuant to this section shall be considered confidential taxpayer information subject to Sections 7056, 7056.5, and 19542 of this code and Section 1094 of the Unemployment Insurance Code, and shall be subject to the appropriate confidentiality requirements of the participating state agency.
(2)CA Revenue & Taxation Code § 38.7(c)(2) The Legislative Analyst’s Office may publish statistics in conjunction with the reports required by this section that are derived from information provided to the Legislative Analyst’s Office pursuant to this section if the published statistics are classified to prevent the identification of particular taxpayers, reports, and tax returns and the publication of the percentage of dividends paid by a corporation that is deductible by the recipient under Part 11 (commencing with Section 23001) of Division 2.

Section § 38.7

Explanation

This law required the Legislative Analyst's Office to produce a report by January 1, 2016, evaluating the economic impact and management of certain tax credits related to the film industry and other areas. They can gather data from several agencies like the California Film Commission and the Franchise Tax Board. The information they collect must be kept confidential. However, they can share anonymized statistics to ensure taxpayers' identities are protected. Additionally, state agencies involved must help provide any extra information necessary for the report.

(a)CA Revenue & Taxation Code § 38.7(a) On or before January 1, 2016, the Legislative Analyst’s Office shall provide to the Assembly Committee on Revenue and Taxation, the Senate Committee on Governance and Finance, and the public a report evaluating the economic effects and administration of the tax credits allowed pursuant to Sections 6902.5, 17053.85, and 23685. In researching the reports, the Legislative Analyst’s Office may do all of the following:
(1)CA Revenue & Taxation Code § 38.7(a)(1) Request and receive all information provided to the California Film Commission pursuant to subdivision (g) of Sections 17053.85 and 23685.
(2)CA Revenue & Taxation Code § 38.7(a)(2) Request and receive all information provided to the Franchise Tax Board relating to the sale or assignment of credits pursuant to subdivision (c) of Sections 17053.85 and 23685.
(3)CA Revenue & Taxation Code § 38.7(a)(3) Request and receive all information provided to the board pursuant to subdivisions (c) and (g) of Section 6902.5.
(b)CA Revenue & Taxation Code § 38.7(b) The California Film Commission, the board, the Franchise Tax Board, the Employment Development Department, and all other relevant state agencies shall provide additional information, as specified by the Legislative Analyst’s Office, as needed to research the reports required by this section.
(c)Copy CA Revenue & Taxation Code § 38.7(c)
(1)Copy CA Revenue & Taxation Code § 38.7(c)(1) The information received by the Legislative Analyst’s Office pursuant to this section shall be considered confidential taxpayer information subject to Sections 7056, 7056.5, and 19542 of this code and Section 1094 of the Unemployment Insurance Code, and shall be subject to the appropriate confidentiality requirements of the participating state agency.
(2)CA Revenue & Taxation Code § 38.7(c)(2) The Legislative Analyst’s Office may publish statistics in conjunction with the reports required by this section that are derived from information provided to the Legislative Analyst’s Office pursuant to this section if the published statistics are classified to prevent the identification of particular taxpayers, reports, and tax returns and the publication of the percentage of dividends paid by a corporation that is deductible by the recipient under Part 11 (commencing with Section 23001) of Division 2.

Section § 38.9

Explanation

This law requires the Legislative Analyst’s Office to prepare reports for specific government committees and the public by certain deadlines. One report due by May 1, 2023, evaluates the economic effects and administration of certain tax credits tied to the film industry. The report involves gathering information from various state agencies related to tax credits.

The second report, due by May 1, 2025, will focus on workforce diversity in the film industry, assessing the effectiveness of film tax credits in promoting diversity. Again, the Legislative Analyst’s Office can request information from relevant agencies.

All information obtained is to be kept confidential, although aggregated statistics may be published without identifying individual taxpayers or corporations. State agencies must cooperate by providing necessary data to complete these reports.

(a)CA Revenue & Taxation Code § 38.9(a) On or before May 1, 2023, the Legislative Analyst’s Office shall provide to the Assembly Committee on Revenue and Taxation, the Senate Committee on Governance and Finance, and the public a report evaluating the economic effects and administration of the tax credits allowed pursuant to Sections 6902.5, as amended by Chapter 8 of the Statutes of 2020, 17053.95, 17053.98, 23695, and 23698. In researching the reports, the Legislative Analyst’s Office may do all of the following:
(1)CA Revenue & Taxation Code § 38.9(a)(1) Request and receive all information provided to the California Film Commission pursuant to subdivision (g) of Sections 17053.95, 17053.98, 23695, and 23698.
(2)CA Revenue & Taxation Code § 38.9(a)(2) Request and receive all information provided to the Franchise Tax Board relating to the sale or assignment of credits pursuant to subdivision (c) of Sections 17053.95, 17053.98, 23695, and 23698.
(3)CA Revenue & Taxation Code § 38.9(a)(3) Request and receive all information provided to the California Department of Tax and Fee Administration pursuant to subdivisions (c) and (g) of Section 6902.5, as amended by Chapter 8 of the Statutes of 2020.
(b)CA Revenue & Taxation Code § 38.9(b) On or before May 1, 2025, the Legislative Analyst’s Office shall provide to the Assembly Committee on Revenue and Taxation, the Senate Committee on Governance and Finance, and the public a report that summarizes the workforce diversity information collected by the California Film Commission pursuant to Sections 17053.95, 17053.98, 23695, and 23698 and that evaluates the effectiveness of the tax credits allowed pursuant to Sections 17053.98 and 23698, calculated using any applicable additional credit percentages, for increasing the diversity of the film production workforce. In researching the report, the Legislative Analyst’s Office may request and receive all information provided to the California Film Commission pursuant to subdivision (g) of Sections 17053.95, 17053.98, 23695, and 23698.
(c)CA Revenue & Taxation Code § 38.9(c) Notwithstanding Section 19542, the California Film Commission, the California Department of Tax and Fee Administration, the Franchise Tax Board, the Employment Development Department, and all other relevant state agencies shall provide additional information, as specified by the Legislative Analyst’s Office, as needed to research the reports required by this section.
(d)Copy CA Revenue & Taxation Code § 38.9(d)
(1)Copy CA Revenue & Taxation Code § 38.9(d)(1) The information received by the Legislative Analyst’s Office pursuant to this section shall be considered confidential taxpayer information subject to Sections 7056, 7056.5, and 19542 of this code and Section 1094 of the Unemployment Insurance Code, and shall be subject to the appropriate confidentiality requirements of the participating state agency.
(2)CA Revenue & Taxation Code § 38.9(d)(2) The Legislative Analyst’s Office may publish statistics in conjunction with the reports required by this section that are derived from information provided to the Legislative Analyst’s Office pursuant to this section, if the published statistics are classified to prevent the identification of particular taxpayers, reports, and tax returns and the publication of the percentage of dividends paid by a corporation that is deductible by the recipient under Part 11 (commencing with Section 23001) of Division 2.

Section § 38.10

Explanation

Every year, starting from January 1, 2021, a review must be conducted to evaluate how effective certain tax credits are. The California Legislative Analyst, along with the Tax Credit Allocation Committee and the Office of Historic Preservation, will analyze how these credits are being used, who is using them, what projects they support, the job creation from these credits, and their overall economic impact. This requirement will end on January 1, 2027.

(a)CA Revenue & Taxation Code § 38.10(a) The Legislative Analyst shall, on an annual basis beginning January 1, 2021, collaborate with the California Tax Credit Allocation Committee and the Office of Historic Preservation to review the effectiveness of the tax credits allowed by Sections 17053.91 and 23691. The review shall include, but is not limited to, an analysis of the demand for the tax credit, the types and uses of projects receiving the tax credit, the jobs created by the use of the tax credits, and the economic impact of the tax credits.
(b)CA Revenue & Taxation Code § 38.10(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Section § 40

Explanation

This law requires the board to publish detailed written opinions or summaries online for each decision involving $500,000 or more within 120 days. These opinions must include findings of fact, legal issues, applicable laws, analysis, decision outcomes, and names of board members. Dissenting or concurring board members can also publish their separate opinions. Formal or memorandum opinions may serve as precedents in future cases, but not summary decisions. Consent calendar actions aren't covered by these rules.

(a)Copy CA Revenue & Taxation Code § 40(a)
(1)Copy CA Revenue & Taxation Code § 40(a)(1) The board shall publish on its Internet Web site a written formal opinion, a written memorandum opinion, or a written summary decision for each decision of the board in which the amount in controversy is five hundred thousand dollars ($500,000) or more, within 120 days of the date upon which the board rendered its decision.
(2)CA Revenue & Taxation Code § 40(a)(2) A decision of the board shall not include consent calendar actions taken by the board.
(b)CA Revenue & Taxation Code § 40(b) Each formal opinion, memorandum opinion, and summary decision as described in subdivision (a) shall include all of the following:
(1)CA Revenue & Taxation Code § 40(b)(1) Findings of fact.
(2)CA Revenue & Taxation Code § 40(b)(2) The legal issue or issues presented.
(3)CA Revenue & Taxation Code § 40(b)(3) Applicable law.
(4)CA Revenue & Taxation Code § 40(b)(4) Analysis.
(5)CA Revenue & Taxation Code § 40(b)(5) Disposition.
(6)CA Revenue & Taxation Code § 40(b)(6) Names of adopting board members.
(c)Copy CA Revenue & Taxation Code § 40(c)
(1)Copy CA Revenue & Taxation Code § 40(c)(1) A board member may submit a dissenting opinion setting forth his or her rationale for disagreeing with the memorandum opinion or formal opinion.
(2)CA Revenue & Taxation Code § 40(c)(2) A board member may submit a concurring opinion setting forth the board member’s rationale for agreeing with the result reached in the memorandum opinion or formal opinion, if different than the rationale set forth in the memorandum opinion or formal opinion.
(3)CA Revenue & Taxation Code § 40(c)(3) A dissenting opinion and a concurring opinion shall be published in the same manner as prescribed in subdivision (a) for a formal opinion or memorandum opinion.
(d)CA Revenue & Taxation Code § 40(d) A formal opinion or memorandum opinion adopted by the board may be cited as precedent in any matter or proceeding before the board, unless the opinion has been depublished, overruled, or superseded. A summary decision may not be cited as precedent in any matter or proceeding before the board.

Section § 41

Explanation

This law requires that any new tax break or exemption being proposed in California, starting January 1, 2020, needs to clearly outline its goals and how it will be evaluated. This means the bill must specify the objectives it aims to achieve and include detailed performance indicators to track its success. Additionally, the law mandates requirements for collecting data to assess how well these goals are being met, except in cases where data isn't available for certain types of tax savings named as gross income exclusions.

The law also defines a 'tax expenditure' which includes credits, deductions, exclusions, and any other tax benefits. Any taxpayer information collected must comply with specific privacy regulations.

(a)Copy CA Revenue & Taxation Code § 41(a)
(1)Copy CA Revenue & Taxation Code § 41(a)(1) Notwithstanding any other law, and except as provided in paragraph (2), any bill, introduced on or after January 1, 2020, that would authorize a new tax expenditure under Part 10 (commencing with Section 17001) of Division 2, Part 11 (commencing with Section 23001) of Division 2, or both, or that would authorize an exemption from the taxes imposed by Part 1 (commencing with Section 6001) of Division 2, shall contain all of the following:
(A)CA Revenue & Taxation Code § 41(a)(1)(A) Specific goals, purposes, and objectives that the tax expenditure will achieve.
(B)CA Revenue & Taxation Code § 41(a)(1)(B) Detailed performance indicators for the Legislature to use when measuring whether the tax expenditure meets the goals, purposes, and objectives stated in the bill.
(C)CA Revenue & Taxation Code § 41(a)(1)(C) Data collection requirements to enable the Legislature to determine whether the tax expenditure is meeting, failing to meet, or exceeding those specific goals, purposes, and objectives. The requirements shall include the specific data and baseline measurements to be collected and remitted in each year the tax expenditure is in effect, in order for the Legislature to measure the change in performance indicators, and the specific taxpayers, state agencies, or other entities required to collect and remit data.
(2)CA Revenue & Taxation Code § 41(a)(2) A bill that would authorize a new tax expenditure that is a gross income exclusion shall be exempt from including the information in subparagraphs (B) and (C) of paragraph (1), if the Legislature determines there is no available data to collect and report.
(b)CA Revenue & Taxation Code § 41(b) For purposes of this section, “tax expenditure” means a credit, deduction, exclusion, exemption, or any other tax benefit as provided for by the state.
(c)CA Revenue & Taxation Code § 41(c) Taxpayer information collected pursuant to this section is subject to Sections 7056.5 and 19542.