Bill Sponsor
California Senate Bill 1327
Session 20232024
Income taxation: credits: local news media: data extraction transactions.
Active
Active
Passed Senate on Jun 27, 2024
First Action
Feb 16, 2024
Latest Action
Jun 27, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
1327
State
California
Session
20232024
Sponsorship by Party
Summary
(1) The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would, for taxable years beginning on or after January 1, 2024, and before January 1, 2029, allow a credit against the taxes imposed by those laws for portions of the costs for qualified services paid or incurred by a qualified taxpayer. The bill would define "qualified taxpayer" for this purpose to mean an eligible local news organization or a qualified broadcast station, as those terms are defined. The bill would require a taxpayer to request a tentative credit reservation from the Franchise Tax Board in the form and manner prescribed by the Franchise Tax Board, and would limit the amount of credit allocated by the Franchise Tax Board per calendar year. The bill would require the Franchise Tax Board to prioritize reservations by qualified small publications, as defined and specified. The bill would allow a payment from the continuously appropriated Tax Relief and Refund Account for an allowable credit in excess of tax liability to a qualified renter, as provided. By authorizing new payments from the Tax Relief and Refund Account in excess of personal income tax liabilities, the bill would make an appropriation. (2) The Personal Income Tax Law and Corporation Tax Law impose taxes measured by income. Those taxes are administered by the Franchise Tax Board pursuant to specified law, the violation of which is a crime. This bill, for taxable years beginning on or after January 1 of an unspecified year, and in addition to the taxes imposed under the Personal Income Tax Law and the Corporation Tax Law, would impose a tax upon gross receipts derived from data extraction transactions at a rate of 7.25% of those gross receipts. The bill would define a "data extraction transaction" for these purposes to mean a transaction where a taxpayer sells user information or access to users to advertisers and the taxpayer engages in a barter by providing services to a user in full or partial exchange for the ability to display advertisements to the user or collect data about the user, except as provided. The bill would exclude a news media entity, as defined, from the provisions of this tax as either a taxpayer or a user, and would further exempt from the tax any person with less than $2,500,000,000 in gross receipts derived from data extraction taxes in this state in the taxable year. The bill would establish the Data Extraction Mitigation Fee Fund in the State Treasury, and would direct all revenues from the tax, less refunds and reimbursements, be deposited into the fund, as specified. The bill would appropriate $15,000,000 for journalism fellowships, as specified, and would require the remaining moneys in the fund, except as provided, to be used, upon appropriation, for grants to eligible nonprofit local news organizations administered by the Franchise Tax Board, as specified. The bill would require the Franchise Tax Board to administer this tax in accordance with existing franchise and income tax law provisions, the violation of which is a crime. By expanding the crimes related to the franchise and income tax laws, this bill would impose a state-mandated local program. (3) The Personal Income Tax Law and Corporation Tax Law, in modified conformity with federal income tax laws, generally allow various deductions in computing the income that is subject to tax imposed under those laws, including miscellaneous itemized deductions that are allowed only to the extent that the aggregate amount of those deductions exceeds 2% of adjusted gross income. This bill, for taxable years beginning on or after January 1, ____, would allow a deduction in computing the income that is subject to those laws equal to the amount of taxes paid by the taxpayer under the above-described data extraction transaction tax. (4) Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. (5) This bill would make findings and declarations related to a gift of public funds. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (7) This bill would declare that it is to take effect immediately as an urgency statute.
Actions (18)
06/27/2024
Assembly
In Assembly. Read first time. Held at Desk.
06/27/2024
Senate
Read third time. Urgency clause adopted. Passed. (Ayes 27. Noes 7.) Ordered to the Assembly.
05/20/2024
Senate
Read second time. Ordered to third reading.
05/16/2024
Senate
Read second time and amended. Ordered to second reading.
05/16/2024
Senate
From committee: Do pass as amended. (Ayes 4. Noes 2. Page 3980.) (May 16).
05/14/2024
Senate
Set for hearing May 16.
05/13/2024
Senate
May 13 hearing: Placed on APPR suspense file.
05/09/2024
Senate
Set for hearing May 13.
05/08/2024
Senate
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 3865.) (May 8). Re-referred to Com. on APPR.
05/02/2024
Senate
Set for hearing May 8.
05/02/2024
Senate
From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX.
04/23/2024
Senate
April 24 set for first hearing canceled at the request of author.
04/22/2024
Senate
Set for hearing April 24.
04/03/2024
Senate
Re-referred to Com. on REV. & TAX.
03/20/2024
Senate
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
02/29/2024
Senate
Referred to Com. on RLS.
02/20/2024
Senate
From printer. May be acted upon on or after March 18.
02/16/2024
Senate
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sources
Record Created
Feb 17, 2024 12:18:32 PM
Record Updated
Jun 28, 2024 12:23:11 PM