Cal. Rev. & Tax. Code § 18815
18815
Effective Jan 1, 2011Added by Stats. 2010, Ch. 355, Sec. 4. Effective January 1, 2011. Repealed on date prescribed by its own provisions. Note: Repeal affects Article 11.3, commencing with Section 18810.
- (a) This article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the California Veterans Homes Fund on the tax return, and as of that date is repealed, unless a later enacted statute, that is enacted before the applicable date, deletes or extends that date.
(b)
(1) By September 1 of the second calendar year, and by September 1 of each subsequent calendar year that the California Veterans Homes Fund appears on a tax return, the Franchise Tax Board shall do all of the following:
- (A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes the next calendar year.
- (B) Provide written notification to the Department of Veterans Affairs of the amount determined in subparagraph (A).
- (C) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received and an estimate of the contributions that will be received by using the actual amounts received by the end of that calendar year.
- (2) If the Franchise Tax Board determines that the amount of contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article is repealed with respect to taxable years beginning on or after January 1 of that calendar year.
- (3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the California Veterans Homes Fund on the personal income tax return or the adjusted minimum contribution amount adjusted pursuant to subdivision (c).
(c) For each calendar year, beginning with the third calendar year that the California Veterans Homes Fund appears on the tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum estimated contribution amount specified in subdivision (b) as follows:
- (1) The minimum estimated contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior September 1 multiplied by the inflation factor adjustments as specified in paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar.
- (2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.