SENIOR SENATE PROPOSAL NO.22

INTRODUCED BY SENIOR SENATOR MURPHY

LEGISLATIVE COUNSEL’S DIGEST

SP 22: TAXATION: CALIFORNIA FUND FOR SENIOR CITIZENS.

UNDER EXISTING LAW, TAXPAYERS ARE ALLOWED TO DESIGNATE CONTRIBUTIONS, IN EXCESS OF THEIR PERSONAL INCOME TAX LIABILITY, FOR THE SUPPORT OF SPECIFIED FUNDS. EXISTING LAW PROVIDES FOR 11 VOLUNTARY CONTRIBUTION DESIGNATIONS, INCLUDING THE CALIFORNIA FUND FOR SENIOR CITIZENS, TO BE LISTED ON THE INCOME TAX RETURN. EXISTING LAW REQUIRES THE DESIGNATION TO BE MADE ON A TAXPAYER’S INITIAL TAX RETURN.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD PERMIT DESIGNATIONS TO THE CALIFORNIA FUND FOR SENIOR CITIZENS TO BE MADE ON AMENDED TAX RETURNS FILED ON OR BEFORE SEPTEMBER 1 OF THE YEAR THE INITIAL TAX RETURN WAS FILED.

VOTE: MAJORITY.

SP 22: RELATING TO TAXATION

WHEREAS, DURING TAX FILING SEASON, TAXPAYERS ARE OFTEN INVOLVED IN COMPLICATED AND EXTENSIVE MATTERS IN THE PREPARATION OF THEIR TAX RETURNS; AND

WHEREAS, IN SUCH STRESSFUL TIMES, TAXPAYERS CAN EASILY OVERLOOK AN INTENDED ACTION TO DESIGNATE A CHARITABLE CONTRIBUTION ON THEIR TAX RETURNS; AND

WHEREAS, EXISTING LAW PRECLUDES A TAXPAYERS’ ABILITY TO CORRECT THIS OVERSIGHT THROUGH THE USE OF AN AMENDED TAX RETURN BY LIMITING CHARITABLE CONTRIBUTION DESIGNATIONS TO INITIAL TAX RETURNS; AND

WHEREAS, THE LACK OF A PROCEDURE TO ALLOW A TAXPAYER TO DESIGNATE AN INTENDED CONTRIBUTION MAY PLACE THE INTENDED RECIPIENT OF THE CHARITABLE CONTRIBUTION IN DANGER OF COMING UP SHORT ON THEIR REQUIRED DESIGNATIONS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2006 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT SECTION 18721 OF THE REVENUE AND TAXATION CODE BE AMENDED TO PERMIT DESIGNATIONS TO THE CALIFORNIA FUND FOR SENIOR CITIZENS ON AMENDED TAX RETURNS FILED BEFORE SEPTEMBER 1 IN THE YEAR THE INITIAL TAX RETURN WAS FILED; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN20061903705

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