Cal. Rev. & Tax. Code § 18808

Current through the 2023 Legislative Session.
Section 18808 - [Effective until 1/1/2028] Repealer
(a) This article shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2028, deletes that date.
(b) If the repeal date specified in subdivision (a) has been deleted, all of the following apply:
(1) By September 1 of the calendar year beginning after the effective date of the act deleting the repeal date and by September 1 of each subsequent calendar year that the California Peace Officer Memorial Foundation Voluntary Tax Contribution 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 that next calendar year.
(B) Provide written notification to the California Peace Officers' Memorial Commission 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 by using the actual amounts received and an estimate of the contributions that will be 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during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article is repealed with respect to taxable years beginning on or after January 1 of that calendar year.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 first calendar year beginning after the effective date of the act that deleted the repeal date specified in subdivision (a), or the minimum contribution amount adjusted pursuant to subdivision (c).
(c) For each calendar year, beginning with calendar year 2005, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows:
(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment 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.
(d) Notwithstanding the repeal of this article, any contribution amounts designated pursuant to this article prior to its repeal shall continue to be transferred and disbursed in accordance with this article as in effect immediately prior to that repeal.

Ca. Rev. and Tax. Code § 18808

Amended by Stats 2020 ch 173 (AB 2068),s 11, eff. 1/1/2021.
Amended by Stats 2016 ch 86 (SB 1171),s 283, eff. 1/1/2017.
Amended by Stats 2015 ch 303 (AB 731),s 479, eff. 1/1/2016.
Amended by Stats 2014 ch 127 (AB 1561),s 3, eff. 1/1/2015.
Amended by Stats 2008 ch 160 (AB 1812),s 2, eff. 1/1/2009.
Amended by Stats 2006 ch 645 (SB 1249),s 7, eff. 9/29/2006.
Amended by Stats 2005 ch 161 (AB 483),s 2, eff. 1/1/2006.
Amended by Stats 2000 ch 854 (SB 2175), s 2, eff. 1/1/2001.
Added July 28, 1999 (Bill Number: SB 1230) (Chapter 215).