BILL NUMBER: AB 232	AMENDED
	BILL TEXT

	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 17053.15 and 23683 to 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: gun buybacks.
   The Personal Income Tax Law and the Corporation Tax Law allow
various credits against the taxes imposed by those laws.
   This bill, for taxable years beginning on or after January 1,
2014, 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  $1,000  
$5,000  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 
$1,000   $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, 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 
one   five  thousand dollars  ($1,000)
  ($5,000)  per taxable year.
   (2) The amount of credit allowed under this section is as follows:

   (A) Five hundred dollars ($500) per handgun, shotgun, or rifle
that is in working condition.
   (B) One thousand dollars ($1,000) 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.  
   (d) 
    (e)  (1) The Franchise Tax Board  shall
  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. 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 
one   ten  thousand dollars  ($1,000)
  ($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.  
   (d) 
    (e)  (1) The Franchise Tax Board  shall
  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.  This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.