Section § 17501

Explanation

This law section specifies how certain portions of the federal Internal Revenue Code about deferred compensation, pensions, and profit-sharing plans are to be applied in California. It explains that the rules for excluding elective deferrals from income for state tax follow federal rules from January 1, 2010. Before 2025, the amount you can defer is capped at the older federal limits. From 2002 onward, if you couldn't exclude deferred amounts, you can add them to your plan basis, which affects tax calculations when you withdraw funds. Income from deferred compensation isn’t taxed until distributed. It also clarifies rules around Roth IRA rollovers, stating that certain rollovers won’t increase the Roth IRA basis and must be included as income when distributed.

(a)CA Revenue & Taxation Code § 17501(a) Subchapter D of Chapter 1 of Subtitle A of the Internal Revenue Code, relating to deferred compensation, shall apply, except as otherwise provided.
(b)CA Revenue & Taxation Code § 17501(b) Notwithstanding the specified date contained in paragraph (1) of subdivision (a) of Section 17024.5, Part I of Subchapter D of Chapter 1 of Subtitle A of the Internal Revenue Code, relating to pension, profitsharing, stock bonus plans, etc., and Part III of Subchapter D of Chapter 1 of Subtitle A of the Internal Revenue Code, relating to rules relating to minimum funding standards and benefit limitations, shall apply, except as otherwise provided, without regard to taxable year to the same extent as applicable for federal income tax purposes.
(c)CA Revenue & Taxation Code § 17501(c) For taxable years beginning before January 1, 2025, the maximum amount of elective deferrals (as defined in Section 402(g)(3)) for the taxable year that may be excluded from gross income under Section 402(g) of the Internal Revenue Code, as applicable for state purposes, shall not exceed the amount of elective deferrals that may be excluded from gross income under Section 402(g) of the Internal Revenue Code, as in effect on January 1, 2010, including additional elective deferrals under Section 414(v) of the Internal Revenue Code, as in effect on January 1, 2010.
(d)Copy CA Revenue & Taxation Code § 17501(d)
(1)Copy CA Revenue & Taxation Code § 17501(d)(1) For taxable years beginning on or after January 1, 2002, the basis of any person in the plan, account, or annuity shall be increased by the amount of elective deferrals not excluded as a result of the application of the elective deferral limitations imposed by subdivision (c).
(2)CA Revenue & Taxation Code § 17501(d)(2) Any basis described in paragraph (1) shall be recovered in the manner specified in Section 17085.
(e)CA Revenue & Taxation Code § 17501(e) Notwithstanding the limitations provided in subdivision (c), any income attributable to elective deferrals in taxable years beginning on or after January 1, 2002, in conformance with Part I of Subchapter D of Chapter 1 of Subtitle A of the Internal Revenue Code, as applicable for federal and state purposes, shall not be includable in the gross income of the individual for whose benefit the plan or account was established until distributed pursuant to the plan or by operation of law.
(f)Copy CA Revenue & Taxation Code § 17501(f)
(1)Copy CA Revenue & Taxation Code § 17501(f)(1) Section 408A(e)(1)(C) of the Internal Revenue Code, relating to qualified rollover contribution, shall not apply.
(2)CA Revenue & Taxation Code § 17501(f)(2) In the case of any distribution made under Section 529(c)(3)(E) of the Internal Revenue Code, relating to the special rollover to Roth IRAs from long-term qualified tuition programs, treated for federal income tax purposes as a “qualified rollover contribution” under Section 408A(e)(1)(C) of the Internal Revenue Code, the amount of that distribution shall, notwithstanding Section 529 or Section 408A of the Internal Revenue Code to the contrary, be includable in the gross income of the distributee in the manner as provided under Section 72 of the Internal Revenue Code.
(3)CA Revenue & Taxation Code § 17501(f)(3) Notwithstanding any other provision, no increase in the basis of the Roth IRA, as defined in Section 408A of the Internal Revenue Code, shall result from any amount distributed as described in this subdivision.

Section § 17501.5

Explanation

This California law states that certain amendments from the Economic Growth and Tax Relief Reconciliation Act of 2001 will affect specific tax-related topics, applying to distributions made after December 31, 2001. These include areas related to annuities, retirement savings, pension plans, employee trusts and annuities, IRAs, contribution limits on qualified plans, and deferred compensation plans for government and tax-exempt organizations. Some specifics from the Tax Reform Act of 1986 are also included.

The amendments made by Section 641 of the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16) to the following provisions of the Internal Revenue Code or other federal law shall apply for purposes of this part, Part 10.2 (commencing with Section 18401), and Part 11 (commencing with Section 23001), with respect to distributions after December 31, 2001, except as otherwise provided:
(a)CA Revenue & Taxation Code § 17501.5(a) Section 72, relating to annuities and certain proceeds of endowment and life insurance contracts.
(b)CA Revenue & Taxation Code § 17501.5(b) Section 219, relating to retirement savings.
(c)CA Revenue & Taxation Code § 17501.5(c) Section 401, relating to qualified pension, profit-sharing, and stock bonus plans.
(d)CA Revenue & Taxation Code § 17501.5(d) Section 402, relating to taxability of beneficiary of employees’ trust.
(e)CA Revenue & Taxation Code § 17501.5(e) Section 403, relating to taxation of employee annuities.
(f)CA Revenue & Taxation Code § 17501.5(f) Section 408, relating to individual retirement accounts.
(g)CA Revenue & Taxation Code § 17501.5(g) Section 415, relating to limitations on benefits and contribution under qualified plans.
(h)CA Revenue & Taxation Code § 17501.5(h) Section 457, relating to deferred compensation plans of state and local governments and tax-exempt organizations.
(i)CA Revenue & Taxation Code § 17501.5(i) Subsections (h)(3) and (h)(5) of Section 1122 of the Tax Reform Act of 1986.

Section § 17501.7

Explanation

This law states that changes made by a 2001 federal law to parts of the Internal Revenue Code will apply to California tax laws concerning specific types of financial transfers, specifically trustee-to-trustee transfers, made after December 31, 2001. These provisions include rules on how employee annuities and deferred compensation plans for certain organizations are taxed.

The amendments made by Section 647 of the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16) to the following provisions of the Internal Revenue Code shall apply for purposes of this part, Part 10.2 (commencing with Section 18401), and Part 11 (commencing with Section 23001), with respect to trustee-to-trustee transfers after December 31, 2001, except as otherwise provided:
(a)CA Revenue & Taxation Code § 17501.7(a) Section 403, relating to taxation of employee annuities.
(b)CA Revenue & Taxation Code § 17501.7(b) Section 457, relating to deferred compensation plans of state and local governments and tax-exempt organizations.

Section § 17501.8

Explanation

This section of the law aligns California's tax rules with changes made at the federal level by the Consolidated Appropriations Act, 2023. It specifically updates rules for retirement accounts, including increasing the catch-up contribution limits for IRAs and retirement plans for older individuals and adjusting limits for simple plans.

The goal is to streamline the differences between how retirement accounts are treated for state versus federal tax purposes, reducing tax mismatches. The success of this alignment will be measured by looking at how many taxpayers can take advantage of these expanded deductions and the total amount of contributions made under the new rules.

The Legislative Analyst’s Office is tasked with reporting back to the legislature by October 1, 2029, with an analysis of the impact of these changes, including how many taxpayers benefit from these updates.

(a)CA Revenue & Taxation Code § 17501.8(a) The following amendments made by the Consolidated Appropriations Act, 2023 (Public Law 117-328) shall apply for purposes of this part, Part 10.2 (commencing with Section 18401), and Part 11 (commencing with Section 23001) except as otherwise provided:
(1)CA Revenue & Taxation Code § 17501.8(a)(1) The amendments made by Section 108 of Division T of that act to Section 219(b)(5)(C) of the Internal Revenue Code, relating to indexing IRA catch-up limit.
(2)CA Revenue & Taxation Code § 17501.8(a)(2) The amendments made by Section 109 of Division T of that act to Section 414(v) of the Internal Revenue Code, relating to higher catch-up limit to apply at 60 to 63 years of age, inclusive.
(3)CA Revenue & Taxation Code § 17501.8(a)(3) The amendments made by Section 117 of Division T of that act to Section 414(v)(2) of the Internal Revenue Code, relating to contribution limit for simple plans.
(b)Copy CA Revenue & Taxation Code § 17501.8(b)
(1)Copy CA Revenue & Taxation Code § 17501.8(b)(1) For the purposes of complying with Section 41, as it pertains to the deductions expanded by this section, the Legislature finds and declares as follows:
(A)CA Revenue & Taxation Code § 17501.8(b)(1)(A) The specific goal, purpose, and objective of this bill is to conform state law to changes in federal law in order to reduce complications relating to mismatches in basis of retirement accounts for federal income tax purposes compared to state income tax purposes.
(B)CA Revenue & Taxation Code § 17501.8(b)(1)(B) The performance indicators used by the Legislature to determine if the deductions are achieving the stated goal shall be the number of taxpayers making contributions that would, but for the expansion of deductions pursuant to this section, be included in income for state purposes, and the total dollar value of those contributions.
(2)CA Revenue & Taxation Code § 17501.8(b)(2) The Legislative Analyst’s Office shall, no later than October 1, 2029, submit a report to the Legislature, in accordance with Section 9795 of the Government Code, that estimates the number of taxpayers making contributions to retirement accounts that, but for the expansion of deductions provided by this section, would be included in income, and estimates of the total dollar value of those contributions, to the extent data is available.

Section § 17502

Explanation

This law section defines 'California qualified stock options' and explains how they are treated for tax purposes. If an employee earns less than $40,000 from the corporation granting the stock option, specific favorable regulations apply, similar to certain federal stock option rules. These options must be granted between 1997 and 2002, have a fair market value under $100,000, and not exceed 1,000 shares. The law specifies that the income from these options isn't taxed until they're sold, and the employer can't deduct the grant or exercise of these options as a business expense. However, if an election under Section 83(b) of the IRS code is made, these provisions don't apply.

(a)CA Revenue & Taxation Code § 17502(a) In addition to the application of Part II (commencing with Section 421) of Subchapter D of Chapter 1 of Subtitle A of the Internal Revenue Code, relating to certain stock options, paragraphs (1), (2), and (3) of Section 421(a) of the Internal Revenue Code shall also apply to any California qualified stock option that is granted to an individual whose earned income from the corporation granting the California qualified stock option for the taxable year in which that option is exercised does not exceed forty thousand dollars ($40,000). In the event that the option does not meet the necessary qualifications, the option shall be treated as a nonqualified stock option.
(b)CA Revenue & Taxation Code § 17502(b) For purposes of this section, “California qualified stock option” means a stock option that is issued and exercised pursuant to this section and that is designated by the corporation issuing the option as a California qualified stock option at the time the option is granted.
(c)Copy CA Revenue & Taxation Code § 17502(c)
(1)Copy CA Revenue & Taxation Code § 17502(c)(1) This section shall apply only to those stock options that are issued on or after January 1, 1997, and before January 1, 2002, by a corporation to its employee and are exercised by the employee, while employed by the corporation that issued those stock options (or within three months thereof, or within one year thereof if permanently and totally disabled as defined in Section 22(e)(3) of the Internal Revenue Code), during the taxable year with respect to any class of shares, or combination thereof, issued by the corporation, to the extent that the number of shares transferable by the exercise of the options does not exceed a total of 1,000 and have a combined fair market value of less than one hundred thousand dollars ($100,000). The combined fair market value of any stock shall be determined as of the time the option with respect to that stock is granted.
(2)CA Revenue & Taxation Code § 17502(c)(2) Paragraph (1) shall be applied by taking options into account in the order in which they were granted.
(d)CA Revenue & Taxation Code § 17502(d) In the case of a California qualified stock option, no amount shall be included in the gross income of the employee until the time of the disposition of the option (or the stock acquired upon exercise of the option).
No deduction shall be allowed under Section 162 of the Internal Revenue Code to the employer on the grant or exercise of a California qualified stock option.
(e)CA Revenue & Taxation Code § 17502(e) Subdivision (d) shall not apply to any stock option for which an election has been made under Section 83(b) of the Internal Revenue Code, relating to election to include in gross income in year of transfer.

Section § 17504

Explanation

This law outlines how California modifies the federal rules on the taxation of beneficiaries of employee trusts. It specifies that changes made by past federal laws apply in California as they do at the federal level, unless stated otherwise. For contributions made before 1987 and not deducted under specific conditions, these are included in the trust's basis.

Additionally, there is a specific tax on lump-sum distributions which uses California’s tax rates and brackets instead of the federal rates. This tax is applied at a modified rate of 5.5% and is the responsibility of the person receiving the distribution. Any rules from past federal laws affecting the state's tax code are also modified as specified to align with California's tax sections and rates.

(a)CA Revenue & Taxation Code § 17504(a) The provisions of Section 402 of the Internal Revenue Code, relating to taxability of beneficiaries of employees’ trusts, shall be modified as follows:
(1)CA Revenue & Taxation Code § 17504(a)(1) The amendments and transitional rules made by Public Law 99-514 shall be applicable to this part for the same transactions and the same years as they are applicable for federal purposes, except as otherwise provided.
(2)CA Revenue & Taxation Code § 17504(a)(2) The basis of any person in an employees’ trust shall include the amount of any contributions made prior to January 1, 1987, which were not allowed as a deduction under former Sections 17503 and 17513 (including predecessor Section 17524 repealed by Chapter 488 of the Statutes of 1983) relating to special limitations for self-employed individuals.
(b)Copy CA Revenue & Taxation Code § 17504(b)
(1)Copy CA Revenue & Taxation Code § 17504(b)(1) There is hereby imposed a tax on lump-sum distributions computed in accordance with the provisions of Section 402(d) of the Internal Revenue Code using the rates and brackets prescribed in subdivision (a) of Section 17041 (without regard to Section 17045) in lieu of the rates and brackets in Section 1(c) of the Internal Revenue Code. The recipient of the lump-sum distribution shall be liable for the tax imposed by this paragraph.
(2)CA Revenue & Taxation Code § 17504(b)(2) For purposes of this part, the provisions of Section 1122(h) of Public Law 99-514, as modified by Section 1011A(b) of Public Law 100-647, shall apply, except as modified by each of the following:
(A)CA Revenue & Taxation Code § 17504(b)(2)(A) The provisions of Section 1122(h)(3)(B) of Public Law 99-514 shall be modified to refer to Section 17041 rather than Section 1 of the Internal Revenue Code of 1986.
(B)CA Revenue & Taxation Code § 17504(b)(2)(B) The provisions of Section 1122(h)(3)(B)(ii) of Public Law 99-514 shall be modified to provide a tax rate of 5.5 percent rather than a tax rate of 20 percent.
(C)CA Revenue & Taxation Code § 17504(b)(2)(C) The provisions of Section 1122(h)(5) of Public Law 99-514 shall be modified to refer to Section 17041 rather than Section 1 of the Internal Revenue Code of 1954.
(3)CA Revenue & Taxation Code § 17504(b)(3) For purposes of this section, a taxpayer shall elect the same special lump-sum distribution averaging method for purposes of this part as that elected for federal purposes under Section 402(d)(4)(B) of the Internal Revenue Code.
(4)CA Revenue & Taxation Code § 17504(b)(4) The provisions of Section 1124(a) of Public Law 99-514, as amended by Section 1011A(d) of Public Law 100-647, shall apply.
(5)CA Revenue & Taxation Code § 17504(b)(5) The provisions of Section 1124(c) of Public Law 99-514, as added by Section 1011A(d) of Public Law 100-647, shall apply.

Section § 17506

Explanation

This law changes how employee annuities are taxed by including some past contributions in their value. Specifically, it adds contributions made before 1987, which weren't tax-deductible under older rules, into the annuity's base value for tax purposes.

The provisions of Section 403 of the Internal Revenue Code, relating to taxation of employee annuities, shall be modified to provide that the basis of any person in an employee annuity shall include the amount of any contributions made prior to January 1, 1987, which were not allowed as a deduction under former Sections 17503 and 17513 of the Revenue and Taxation Code (including predecessor Section 17524 repealed by Chapter 488 of the Statutes of 1983) relating to special limitations for self-employed individuals.

Section § 17507

Explanation

This law section modifies certain parts of the federal rules about individual retirement accounts (IRAs) for California tax purposes. It says that income from contributions to certain retirement plans isn't included in taxable income until it's actually paid out to you. This is for IRAs set up under specific laws dating back to the 1970s and 1980s, as well as simplified employee pensions. Even if some contributions weren't deductible at first, their profit will still be tax-free until you withdraw it. The section also clarifies how to handle tax reporting related to these retirement accounts and emphasizes filing requirements with the Franchise Tax Board.

The provisions of Section 408 of the Internal Revenue Code, relating to individual retirement accounts, shall be modified as follows:
(a)CA Revenue & Taxation Code § 17507(a) The following provisions shall be incorporated into Section 408(e) of the Internal Revenue Code:
(1)CA Revenue & Taxation Code § 17507(a)(1) In the case of a plan in existence in taxable year 1975 where contributions were made pursuant to, and in conformance with, Section 408 or 409 of the Internal Revenue Code of 1954, as amended by the Employee Retirement Income Security Act of 1974 (Public Law 93-406), any net income attributable to the 1975 contribution shall not be includable in the gross income, for taxable year 1977 or succeeding taxable years, of the individual for whose benefit the plan was established until distributed pursuant to the provisions of the plan or by operation of law.
(2)CA Revenue & Taxation Code § 17507(a)(2) In the case of a simplified employee pension, where contributions are also made pursuant to, and in conformance with, the provisions of Section 408(k) of the Internal Revenue Code of 1954, the net income attributable to the nondeductible portion of those contributions shall not be includable in the gross income of the individual for whose benefit the plan was established for the taxable year or for succeeding taxable years until distributed pursuant to the provisions of the plan or by operation of law.
(3)CA Revenue & Taxation Code § 17507(a)(3) Notwithstanding the limitations provided in former Section 17272 (as amended by Chapter 1461 of the Statutes of 1985) with respect to the amount of deductible contributions and individuals eligible for the deduction, any income attributable to contributions made to a plan in existence in taxable years beginning on or after January 1, 1982, in conformance with Sections 219, 220, 408, and 409 of the Internal Revenue Code of 1954, shall not be includable in the gross income of the individual for whose benefit the plan was established until distributed pursuant to the provisions of the plan or by operation of law.
(b)CA Revenue & Taxation Code § 17507(b) The provisions of Section 408(d) of the Internal Revenue Code, relating to the tax treatment of distributions, are modified as follows:
(1)CA Revenue & Taxation Code § 17507(b)(1) For taxable years beginning on or after January 1, 1982, and before January 1, 1987, the basis of any person in the account or annuity is the amount of contributions not allowed as a deduction under former subdivision (a), (e), or (g) of Section 17272 (as amended by Chapter 1461 of the Statutes of 1985) on account of the purchase of the account or annuity.
(2)CA Revenue & Taxation Code § 17507(b)(2) For purposes of paragraph (1), the rules for recovery of basis shall be governed by Section 17085.
(c)CA Revenue & Taxation Code § 17507(c) A copy of the report, which is required to be filed with the Secretary of the Treasury under Section 408(i) or 408(l) of the Internal Revenue Code, shall be filed with the Franchise Tax Board at the same time and in the same manner as specified in those sections.

Section § 17508

Explanation

This section of the California tax code states that the rules for nondeductible contributions to individual retirement plans, as defined in Section 408(o) of the Internal Revenue Code, also apply in California. Taxpayers must report these contributions in their tax return, following the specific timing and manner outlined in Chapter 2 (starting with Section 18501) of Part 10.2 of the California tax code.

The provisions of Section 408(o) of the Internal Revenue Code, relating to definitions and rules relating to nondeductible contributions to individual retirement plans, shall be applicable and the information required to be reported shall be reported on the return filed pursuant to Chapter 2 (commencing with Section 18501) of Part 10.2 at the time and in the manner as specified in that section.

Section § 17508.2

Explanation

This law modifies certain parts of Section 409A of the Internal Revenue Code, specifically changing how much tax is applied. Starting from taxable years beginning on January 1, 2013, the tax rate mentioned in two specific parts of the code is reduced from 20 percent to 5 percent. This change affects specific nonqualified deferred compensation plans that don't meet certain requirements.

For taxable years beginning on or after January 1, 2013, Section 409A of the Internal Revenue Code is modified as follows:
(a)CA Revenue & Taxation Code § 17508.2(a) By substituting the phrase “five percent” in lieu of the phrase “20 percent” in Section 409A(a)(1)(B)(i)(II) of the Internal Revenue Code.
(b)CA Revenue & Taxation Code § 17508.2(b) By substituting the phrase “five percent” in lieu of the phrase “20 percent” in Section 409A(b)(5)(A)(ii) of the Internal Revenue Code.

Section § 17509

Explanation

This law section clarifies that certain parts of the Internal Revenue Code, which deal with who is responsible for funding taxes, are not applicable here.

Sections 413(b)(6) and 413(c)(5) of the Internal Revenue Code, relating to liability for funding tax, do not apply.

Section § 17510

Explanation

This section of the California law states that the rules about Federal Thrift Savings Funds from the Internal Revenue Code are applicable, unless there's something else specified.

Section 7701(j) of the Internal Revenue Code, relating to Federal Thrift Savings Funds, applies, except as otherwise provided.