HomeMy WebLinkAbout17 LEGISLATIVE UPDATES (AB 579) 01-02-08AGENDA REPORT
MEETING DATE: JANUARY 2, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: REDEVELOPMENT AGENCY
SUBJECT: SUPPORT AB 579 (SWANSON) -LAMBRA LEGISLATION
SUMMARY
City Council support for proposed legislation to extend the term of a Local Agency
Military Recovery Area (LAMBRA) designation is requested.
RECOMMENDATION
It is recommended that the City Council support AB 579 (Swanson) with certain
requested modifications and authorize the Mayor to sign support the Bill author,
members of the California State Assembly Committee on Jobs, Economic Development,
and the Economy and our local delegation.
FISCAL IMPACT
None
BACKGROUND/DISCUSSION
AB 579 proposes to extend a LAMBRA designation by the State of California for an
additional 7 years, if specified conditions are occur. Additional amendments to the Bill
are also being anticipated in the next week the Bill's sponsor that would eliminate the
requirement for businesses operating within the Tustin Local Agency Military Base
Recovery Area (LAMBRA) to demonstrate a net increase in jobs. In addition, there
have been discussions about adding language to the bill requiring LAMBRAs to bring
their economic development plan current and to provide economic development
updates to the Legislature.
On September 10, 2001, the California Technology, Trade and Commerce Agency
designated Tustin Legacy, the former Tustin MCAS, as a Local Agency Military Base
Recovery Area (LAMBRA). LAMBRAs are established to stimulate growth and
development in areas that experience military base closures. Four tax incentives are
available to taxpayers that invest in or operate a trade or business located within the
City Council Report
AB579 Letter of Support
January 2, 2008
Page 2
LAMBRA. The tax incentives are: 1) hiring credit; 2) sales or use tax credit; 3) business
expense deduction; and 4) net operating loss deduction. In order to qualify for the
LAMBRA tax incentives, businesses within a LAMBRA must have a net increase of jobs
within the first two taxable years of commencing business within a LAMBRA.
Proposed amendments to AB 579 that are being discussed with the Bill author by the
Trade and Commerce Agency would eliminates the requirement for businesses to
demonstrate a net increase in jobs. This would be a great initiative. However, there
have also been discussions about adding language to AB 579 requiring LAMBRAs to
bring their economic development plan current and provide economic development
updates to the Legislature. While staff fully support requirements for the State to provide
the Legislature with economic development updates, City staff would have concern
about any language requiring a LAMBRA to bring its existing economic development
plan current by January 1, 2010. The City invested a significant amount of time,
resources and funds to develop a thorough economic development plan which was the
basis for the original Tustin LAMBRA designation for Tustin Legacy. Requiring
additional staff time, resources and funds to update the plan would be excessive and
unnecessary particularly when no LAMBRA eligible businesses have yet located at
Tustin Legacy. It is merely an paper exercise, providing additional regulatory review
and authority to a state operating department which is not necessary.
A hearing on the bill is scheduled on January 8, 2008 for the Committee on Jobs,
Economic Development, and the Economy.
Christine A. Shingleton Jerry Craig
Assistant City Manager Redevelopment Program Manager
Attachments:
AB 579 -April 11, 2007 amendments
AB-579-Bill author proposed amendments not yet entered into the record dated
November 26, 2007
S:\RDA\CC report\2008\AgendaReport 1-2-08AB579LetterofSupport.doc
AMENDED IN ASSEMBLY APRIL 11, 2007
CALIFORNIA LEGISLATURE-2007-08 REGULAR SESSION
ASSEMBLY BILL No. 579
Introduced by Assembly Member Swanson
February 21, 2007
An act to amend Section 7115 of the Government Code, and to add
Sections 17237 and 24384.7 to the Revenue and Taxation Code, relating
An act to amend Section 7110.5 of the Government Code, relating to
military base recovery areas.
LEGISLATIVE COUNSEL'S DIGEST
AB 579, as amended, Swanson. Income and corporation taxes
deduction; not interest -Military base recovery areas.
Existing law authorizes a local governing body, as defined, to propose
to the Department of Housing and Community Development a local
agency military base recovery area to receive specked economic
incentives to offset military base closures. The designations are binding
for a period of 8 years.
This bill would make the designation binding for an additional 7
years if specked conditions occur, as provided.
The Personal Income Tax Law and the Corporation Tax Law authorize
various tax incentives with respect to local agency military base recovery
areas.
This bill would, under both laws, allow a deduction for the amount
of net interest received by a taxpayer in payment or indebtedness of a
person or entity engaged in the conduct of a trade or business located
in a local agency military base recovery area. This bill would also
require a specified report to contain specified information regarding
AB 579 - 2 -
financial information in connection with local agency military base
recovery areas, as provided.
This bill would require the governing body of a local agency military
base recovery area to provide information to be used in the preparation
of this report.
The California Consititution 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 shall be made pursuant
to these statutory provisions for costs mandated by the state pursuant
to this act, but would recognize that local agencies and school districts
may pursue any available remedies to seek reimbursement for these costs.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes/no.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) The health, safety, and welfare of the people of California
4 depend upon the development, stability, and expansion of private
5 business, industry, and commerce, and that there are certain areas
6 within the state that have been and will be severely economically
7 impacted because of the closure of military bases by the federal
8 Department of Defense.
9 (b) The closure of 29 major military bases resulted in a loss of
10 nearly 54 percent of the state's military personnel since 1988 which
11 translates into a loss of more than 93,000 California military and
12 civilian jobs. California has recaptured less than 60 percent of
13 those jobs since the rounds of base closures began. Military base
14 closures have resulted in a loss of $10 billion in annual revenues.
15 (c) That many communities want and need to attract new
16 business and private investment to compensate for the loss of
17 revenue that occurs when a military base closes or downsizes, but
18 that many communities have insufficient means to do so.
19 SEC. 2. Section 7110. S of the Government Code is amended
20 to read:
21 7110.5. A designation of a local agency military base recovery
22 area pursuant to Section 7110 shall be for ,
-3 - AB 579
1 that shall expire eight years after the department has determined
2 that the later of the following conditions has been met: a 10 year
3 period. However, the designation period shall expire 10 years
4 after the fifth year of the designation period if both of the following
5 apply:
6 (a) The governing body has notified the department that legal
7 title to the economic development parcels at the former base has
8 not been transferred to the governing body and, in cases in which
9 early transfer authority has been exercised, the terms and conditions
10 necessary for satisfying the requirements of Section 9601 and
11 following of Title 42 of the United States Code are met and
12 regulatory closure has occurred.
13 (b) The governing body has notified the department that
14 vouchers have been issued to an employer that has entered into a
15 lease or received title to property located within the local agency
16 military base recovery area. The condition specified in subdivision
17 (a) has impeded the successful utilization of the incentive program
18 as determined by the department in the fifth year of the designation
19 period.
20 SEC 2. Section 7115 of the Government Code is amended to
21 read:
22 7115. In addition to the requirements of Section 70851,
23 beginning in October 2008, the department shall biennially submit
24 a report to the Legislature which:
25 (a) Evaluates the effect of the program on employment;
26 investment and incomes and on state and local tax revenues in
27 designated local agency military base recovery areas. Among other
28 information, the report shall indicate, by local agency military base
29 recovery area, the amount of private debt and equity investments
30 made within the area during the reporting period and since the
31 transfer of the land from the military.
32 (b) Indicates whether the number of existing local agency
33 military base recovery areas should be expanded, by how many,
34 and under what applicable time schedule;
35 (c) Information from the Franchise Tax Board on the dollar
36 value of local agency military base recovery area tax credits that
37 are claimed each year by businesses;
38 (d) A local agency military base recovery area governing body
39 shall provide information at the request of the department;
40 necessary for the department to prepare the report
AB 579 -4-
SEC. 3. Section 17237 is added to the Revenue and Taxation
Code to read
17237 (a) There shall be allowed as a deduction the amount
of net interest received by the taxpayer in payment on indebtedness
of a person or entity engaged in the conduct of a trade or business
located in a local agency military base recovery area:
(b) No deduction shall be allowed under this section unless, at
the time the indebtedness is incurred, each of the following
requirements are met:
(1) The trade or business qualifying the lender for the deduction
is physically located within a local agency military base recovery
area:
(2) The indebtedness is incurred solely in connection with
activity within the local agency military base recovery area. The
taxpayer shall establish loan conenants that require that the
proceeds from loans are spent within the local agency military
base recovery area:
(3) The taxpayer has no equitey or other ownershp interest in
the debtor:
(c) Within 90 days of the loan closing, the taxpayer is required
to notify the local agency military base recovery area, where the
qualifying trade or business is located, of the total maount of
indebtedness authorized and whether the indebtedness is
appropriate to be reported under the taxpayer's requirements set
forth in the federal Community Reinvestment Act:
(d) "Local agency military base recovery area pursuant
to Chapter 12.97 (commencing with Section 7107) of Division 7
of Title 1 of the Government Code:
SEC. 4. Section 24384.7 is added to the Revenue and Taxation
Code to read:
24384.7 (a) There shall be allowed as a deduction the amount
of net interest received by the taxpayer in payment on indebtedness
of a person or entity engaged in the conduct of a trade or business
located in a local agency military base recovery area:
(b) No deduction shall be allowed under this section unless, at
the time the indebtedness is incurred, each of the following
requirements are met:
-5- AB 579
(1) The trade or business qualifying the lender for the deduction
is physically located within a local agency military base recovery
area:
(2) The indebtedness is incurred solely in connection with
activity within the local agency military base recovery area. The
taxpayer shall establish loan covenants that require that the
proceeds from loans are spent within the local agency military
base recovery area:
(3) The taxpayer has no equity or other ownership interest in
the debtor:
(c) Within 90 days of the loan closing, the taxpayer is required
to notify the local agency military base recovery area, where the
qualifying trade or business is located, of the total amount of
indebtedness authorized and whether the indebtedness is
appropriate to be reported under the taxpayer's reuqirements set
forth in the federal Community Reinvestment Act:
(d) "Local agency military base recovery area" means an area
designated a sa local agency military base recovery area pursuant
to Chapter 12.97 (commencing with Section 7107) of Division 7
of Title 1 of the Government Code:
SEC. 5. No reimbursement shall be made pursuant to Part 7
(commencing with Section 17500) of division 4 or Title 2 of the
Government Code for costs mandated by the state pursuant to this
act. It is recognized, however, that a local agency or school district
may pursue any remedies to obtain reimbursement available to it
under Part 7 (commencing with Section 17500) and any other
provisions of law:
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A1nen~iTllt''~[ 1
1r! llllt' ~ >>I Ihi' +ttfL, Llft~l' the CUFIlli~ct. r[Itit:.CC:
~tnc[ tt~ ~ir~leu~l ~~•t.tiurt~ 1705_~.~5, 17U53.-1•G, ??GAS, and ~3G46 of the Revenue and
~lax~tti~~n C`~?d:.
Arnendtnt~~~t 2
(fi)r, h~.t~,: :~, lira I r). al~it~t the perii~tl. insr; t:
ti f ~~. `; :~ i i ; 17t?~ ~.~5 of tftc: tZc~-~ uc~ grid 'l~axation Code is amended tc:~
re~t~i
l '~ )~ , ~ ~~ ~ << ~ { ~r ca~~h taxable ~~~:itr E~cc raring on or afterJanuary 1, 1 y~~5, there
shall he ~.11~.?wc,cl ~,~; ~~ t'rcdit against the '~nc:t ta.." (its def-fined by Section 170~~)) an
amt>unt e.'clua) tt} + ~~~ ~ ,tlt:s or utie tax p~-id car in~;urred by the taxpayer in connection
with thy' .~ur~:l;~;~.~~ ~~1~ .{,aaliti~id property t~~ the ,~xtcnt that the dualified property does
not t.:x~-~~'d ;i ~,;tlt-t~..r ~~l t,nc; million dollars ($ (,! ~c~O,000).
(h; ljr~r hrrr;?~?s~"=: c.tt this Section:
t l) `'I „~ (~9 Py R ~ ' means a local a~-erlcy r ail itary base recovery area designated
in ac~~r~rci~rnc~.r ~~~~tt-~ ti::~trtic~n 71 14 of the Gover~~nlcnt Code.
t ^ 1 " l.~i'(1'.!~ ::•! trlCill~ti tt taxpaVt'[' [hilt Ct Clt(ltCtS a tCi(~t,' (.)I- bt.rstness Wlthln a
L ~~ N'[ Ei }~ . l m-r { x_; ~r t l rr --(trot-t~~t~r-t~~_ mom- ~t~ , ~ , .
;4~1~-~-~r~-Sri-l~t~rt~---->r~- ~- r-r~-}tr~~~`e ~~t~-f--rr ~--t
{- t~ ~- ~ -13C ` -t i C l t ttt `1 ,.`~ t:t~'tiri'z~iuiri~i- t~t' ~=~:rt-'}~}}`}?t''t'~~t,,
t#~ttjt-~--r ~rt~~~t• t -; r E t~ t l l~-t~:t~t~~ley'e~-~f-c~~f~tt c~ ~ ~,
T~~`.~C_'"~~`~~''~1~~"t'C~tt`~~t'iTT . I ,\ A A i] i] A 1'...~.~~
4
~t~l~`t~t1~E„'`s'3-:~Cfi,i~ rtjit~-t#1 E~t~c.'~ . ~f7i:~-ftt~ r
i~rtl~is-:s~r:~ ~ ith i :3rt~it- L- f~F~Pr-~tt~r~-t-~e:-;tt' - ,
~t.'tt~{f'' 1' ~"tt F ~:1 t' t tai`. i. t ~., . >,. .. t ' ~ • . t„~ ~ n A ,1 i~ r~ n t., : , i t t_
~ i ~Tti " ~TUIr1"1~TmTTT71v ZZT~r
~-#~l~` 1 ~t~t ;~ti t~ ~, f `_ L-~+ . : t • 1 r •F ~- . `i--t-t'r-{- f -} f ~{-{
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if-tfirn~~tt° err rr~t: ~ trt ~.r.rt~ ~ , t~t~~i±gees--i-4's-c't~~~-[trt~,cl-~.,,;*t,:~ f~..~ r A Apt
-1-', ~ -1 {tr i ~t. ~ t ~~ .,~r~l~ r,t ~~tl~~,~.t~t~3f {r>.~~~-r~--~3e-~A'. _
t i- - -1- t r< i r,.r ~, : t ri, t t r}~~-r ~+- ~~~--w~-rt'k c~-~ti i }j
Cit~l•c~~~~-~-ttc•i it ~ c.~+'.. t~l-~:fH~)F~ pr~s-~~tjl: fir,, ~ c
e-rr3-p}c-+~r-~-;~-1>rt~-at •~' ~-tl ~irj-r.~ ~: _ . ~ r~t-r#ef E-~-~
~::;~~{~~- -~- . }t t . i , t<~ ~ , ~, - ; ~~~_-~ ~-c"t-t;~r1f-~+t~-t`~~t,-~~ •r, }}~-t~ <tii~t'`S--f
'sttll-~-lttt'it'.!`Nl~l}-f-tii tftt- ~ltt~r-~-trT-;,-~?,,--~itr--;tfi1t-}~~-} ?.. ~~C-r~ltJ.`~E't('~-i-t'ti i':' ,, G..~..~.;.~._, ,t,..
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Substantive
t`.~~~~1.: f'i~tf 1-r?~}_..\4 ~fi,'It 1< t-1-ic~-1tt-„1,,.,. !.E ,.,lj.,~~ ~'~ ~ c c .
.~ tt ~ i -l fig' 1 ; ~~b4-U u n ... ,-~ ~ _l~?~- f~t'th ; f`=}9 f, ~, t ~ .,..-, ~' ... t~, :. , 2, ~ ~
t~ffi-rt~rrr ~ttrt_ _ .
(; ~ ::f ),:a I; I . ,:'.! , ,:~r~l.~ert v" means prc~pert t Ilat is each ot~ the following:
(.~~ ~ I'ur:~+:., .'cj f>v the'ax[Iayer I~c~r excltl .itit use in a trade or business conducicd
withlrl a Lr~1~ll~[~;1..
( l3) I't:lr~~h~t~•~~d I-~~fore the date the 1.A 1~1131ZA designation expires, is no longer
hindirlg, c)r hc~ ~~nlc`~ inoperative.
((~~ i -~,11~; ~ ~I~ OI~~ i"..~)lo~ ins:
~.
(i; Ilis?h t~:~~_!fn~~E:~try ccluipment. includi~,~r. but Ilot linliteci tc), computers ~1nd
clcctr«tll~ l~r~~~e~~III~~ cxluip111cnC.
(ii ;•~.il-~. r ltt --.;::Illt'narlcc equiprncnt, irl~ .lclirlg, but ni>t limited to, engine ~;tands,
11ydr~IUllc' n11I1~"~, ~`~~~~ :'r c:art~, test equil:nllent, tlandtools, aiz~craft Mart carts. and tugs.
(iiil ;1ir~_~-•.ltt c~~rnponcnts, including, hul not Iimitecl to, engines, heel control
units, hv~~lratllic~ l.~urlll>~, avionics, starts, wheel;, rind tires.
(i~) i~~c. ~ i(~~; 1 ~'-~~ pr~~perty, as d~ilned it Section 1?~5(a){3) of the Internal
Revenue C_'cxl~..
(c•) ~l~hr c•r~~elit r~r~~vided under subdivision. fa) shall he allowed only for c7ualifiecJ
prol?~rty t1lanlll~lc'r~lri'e1 in ~:alil~ornia unless qu:llitied property of a comparable quality
tlll(a l:)r'IC'l' i~ n• ~~ li` Gtll.ll~lc For' timely purchase .+.nc.l delivery from a California
mclnlltai:11.1I ~'l.
(~I` Irl tl,:~ ~:.,~:~ .~ flare ttic credit c~therwis~: allowed under this section exceeds the
"net t,lk." 1~c.~1~ ll1~: ~.~;;~t;i~ yC~,r. that portion c.)f t!le credit which exceeds the "net tax"
Ina} he c~ trric~: ~>~~ .'I ~trt.l add~.d to the credit, il~ .tn~~, in succeeding years, until the credit.
is exhatlstc~I. "! !;~ ~~~rc_!;t shall be applied first t~.i the earliest taxable years possible..
(ef :1n} t,t~.;~:t,.':~~- `,vht> elects to be .~tlhje~:t to this section shall not be entitled to
increas~° the h,lsiti ~ ~i tllc~ I~rohcrty as otherwise r~~cluired by Section 164(x) of the lnternal
Revenue C'odc~ with r~~~l:)ect to sales or use t~ix Laid or incurred in connection with the
p>rtrcliaso ~~)i~ cltl~tlitied l~riaperty.
(f) (I) "I'lf~~ ,Irnc,l_;nt ol~ ~~redit otherwise a'Ic~wed under this section and Section
17U~~~.-~C . ins luci~ If', ,Ir }' credit carryover fron-'. prior }rears, that may reduce the "net
tax" !'c)r t `ic t<;~ I!,'~~ ~ :',tr sht~11 not excec~c~I the ~~ n<)unt of t~Ix that would he imposed on
the t~i~cprtyc-'~ l~ll~ inc''~~ inc~?rrlr' attribrltrd to a ~,.~'~MBRA determined as if that
attrihutat:~lc tn:_'~ )r~ c~ l-c~l-~fCSE:-~tCtl all the income c)f the taxpayer subject to tax under this
part.
(? 1 ,~itril~~it;~l31e i~lcom~ is that portion of the taxpayer's California source business
lllcc)r11C tll~lt is <<l~l ,)rti~;ned tc) the LAIY113F2A. 1~:.)r that purpose, the taxpayer's business
incol~nc that is .trtr,l)ut:l!~le tc~ s~~urces in tlli~; slat ~ shall first he dettrmined in ticcordance
with C'hapt~~r I ,' t :r~lTlrnencing with Scc:tie~n ?~ Lt)1) of Part 11. That business income
shall he Cllrthc~- ;Ili.>c~rti~. ~ncd tc~ the LA1~113(~A in ae:~c~rdanc.e with Article 2 (commencing
~~~ith S~'~:t ic)n : ~ 1 't) s ~ ~1 C'hal7ter 17 of Part 1 l..ls 117odified for pur~~oses of this section
ill a~~'~)rcl~Irl~~: 1~ it.; ir,Ir~Igrahh (3}.
(3 i 1n~~I11~~'. ~.hatl 1~~~ app~)rtionedto a L.Af~.13R,1 by multiplying the total California
husirle.~~; .nc:~ft;r.: ~. ':~'l., taxh.l}cr by a fractic.~n, the numerator of which is the property
fact~)r, 1~;~~~ th~:~ ;~~;; .;~~ „' f~~tctc~r. and the d~nulni; .It~:.~r «f which is twc~. f~c~r purposes cif
this 1-~ar~.;,"~1-~=.
t:~~ • I h,:~ l~rs'~~.~- ., Iactc~r I~ 21 fr21Ct1f-Ill, tIle )Urlleratc)rc)i~whlch is the average value
c)f the tatl,a~'E~r ~. f~.~.Il :IncJ tan~ihle personal pr• ~pcrty owned car rented and used in the
wJ uu[~ ul r
1()91 ~ 1Z~ t)7 3()?53 E'AC~} i
Subst:~ntive
LAIV1Bllr~ durin~~ tlrt• ~axa}ale year, acrd thr: detrornillator of which is the average value
of ~tll tht.' r~l~l~~l~-~~--~, r-~~~rl and tangible personal property ou~necl or rented and used in
this ~ttrtc' durin~~ t~1~. Iii tahl~ vear.
(13) "l~h~~ lea ~ rt)11 t~a~:tc)rris a fraction, the trt ulerator of which is the total amount
paid by the tall~~t, t•r in the L~~MBRA dtu:ing he taxable ye~~r for compensation, and
the JLni~ l~in~rlc~r ~}t ti, ! it;h i~ the total cc~mp~n ation paid by the taxpayer in this state
drtrin~ the t~r~:rf-~1~~ ;~~;,~.
(~ ~ Th~~ 1~~ ~~ rig ~n ~ )l~ anti' ~~redit relnainirl~T i f- anv, after application of this
sr.tbdivisii+n, tilr:rli iii' t ,trried over to sttcr~.'eelir~<.~ Iaxable years; as if it were an amount
exce~.~din~, ih~~ ~ r~,_ t ~,~,~ ' l~or the taxable year, a:, provided in subdivision (d}.
(g ~ t--1-t-if- tlr~ yrr;~lifiecl property is~disp<~;;ccl of or no lc)I~ger usc~i by the taxpayer
in the l~~`,I~l$R:~. Ott .rrry time before thy' close t~f the second taxable year after the
property i5 placed ltl :;~-1'ti'1CC, the alTlol.lllt vt the Ct'edlt previously claimed, with respect
to that prc)lx~rr:}. ~!r~rl) he added to the taxpayer ;~ tax liability in the taxable year of that
dispc>>ititm ter- nc)nusc~-
~-~4 a• t ltr-t~ Ff-~~.~-«: -rrr.-~t~e-t~
~~ttt3-E-rtrf }~-t-tf~c~-art ~3e
t#e-~m-~y~-er't _~t~t rrtfitt (~t:~?ft;'--ye~:
(h) f the t4i~.~~rti~~r is .Illowed a credit fey' qualified property pursuant to this
sectit.~n, c~nl~' ~}nc :rt~tlit shall he allowec:l to the taxpayer under this part with respect to
that dual~fir~cl l~r~~perty.
(i) "i'h~ ar~i~~ndrn~~nts made to this sectio~r by ,.
Section s o1~ C 'h.~_~t~~r_ '1~7 of-the statuttrs cif 19~~'? shall apply to taxable years beginning
on or af~t~:r J~trr>~~u~~ ) . ~ X198.
SEC`. 3. 5~.~t: ti~,~~rl 170>3.=16 of the Rcvcr-uc anal Taxation Code is amended to
read:
17~)~-~,~ t(). ; ,~ > (~~,r eac: }1 taxable year bed ncling on or after January 1, 1995, there
shall he ~~ll~-«,~~~i ;;~ ~r ~~-cdit against the.' "net tak." (as defined in Section 17039) tc~ a
qualified ttr~,l-r,~` ~~r t~ ~r i ~ ring a yl.talified cfisadvar r4l<?t'd individrial or a qualified displaced
CIIII)IC)yCt' durirt~~ +ht t.~xablr~ year for er-rtl~toyrtielrt in the LAMBRA. The credit shall
he edual tc) th~~ :~r.,,I1 t;t~ each of the following:
(1) Fifth, )~~~._-e~;r1 of thi: qualified ~.vagcs n the first year of employment..
(?) 1~orty 1~~.~r~;t'rl~ cif the qualified wa~;cs in the second year of employment.
(~) Thirty l~e~rc~~rrt of the qualified wages ill the third year of employment.
(4) Tt~~errty p~r_~c~nt of the qualified wagf~s in the fourth year of employment.
(5) T~..°n f~~_r~~~nt ~)f the ilttalified wa`~~~s it the fifth y~~lr c~femployment.
(h i l~or l~trrl~i~st~~: ot~ this section:
(1 "<<)tr~rlili~:,l '• ~I~_'e's" -ncans:
(Ar "I~li~: h~rri~_~rI t~f w~r~es paid ~~r incu.rr~cd by the employer during the taxable
year to gtlalrh-'ti r.h~,:rrl~.,lnta~~cd individuals or~.;utllifieddisplaced employees that does
not exceed l ~t- h~_ r~-~;~ni c>f the minimum wage.
(l3 ~ Thr t~-t,tl ~rri)uunt of qualified wage<~ which may be taken into account for
purposes Uf clailliirl~~ tl~te creelit allowed under ti~ri:~ section shall not exceed two million
do>1l~Ir~ (~ ~.OOO.Ot-O~i ,-},.~r tax~rhle year.
(C ~ ~~'~tt,~~ r~":i~,~~d d>_Iring the 60-n~~~ntl~ period beEil~ninc with the first day the
incfi~'idual c~->r,Iln~_n~~, ~111p1t~)yn~ellt «llll the t. Ypayer. Reenlploylnent in connection
~J.JVVJ; V11
I ll?rjlU7 0`':3~ PM
f Uc~ 15 1ZN U7 30753 PAGE ->•
Substantive
with any incr~~u~~°. in _~lucling a regularly occur ~-inc seasonal increase, in the trade or
business c-p~r:,~i~-r~;~ il~ the qualified taxpayer ~I_~es not constitute commencement of
empl~~ynlent *~~~r l~~irh~~ses of this section.
(hj Oualit~~:~~1 <<~~.~ges do not include any w~lges paid or incurred by the qualified
t~rxp,ryer orr c-r ~rf i~~r tl~e LAMBRA e;~piration cl~rte. However, wages paid or incurred
with rosl>c:c. t t-.- ~l~I.rliti~~.d disadvantaged indivic(rr,ds or qualified displaced employees
who are ~~n~pl,>y~uel l~} thc~ qualified taxp~rycr w:::hin the LAMBRA within the 60-month
peric~-d prior r+.~ th~_~ L.1vIBR.~ expiration d~rte :~h~ill continue to qualify for the credit
under thi; s~~c ~ ic.-n al~tcr Lhe LAMBRA expiration date, in accordance with all provisions
of this sr:~ctic>ri al~l~li~~~f as if the LAMBRA de~~~;nation were still in existence and
hindir~~.
~.
(? "~1i~~ir~:rrrn ~~~l;rge" means the w~~ge established by the Industrial Welfare
Commis ,ic}n ..~; h ~,\. ,~l~~d for in Chapter 1 (col i~~lencing with Section 1171 } of Part
of Uivisi.~n ? I_~t t'-e~ L,:hcrr C'~,de.
(~~ "1-..~'.':`2~_~>~:.`, itleans a local agency :-ulitary base recovery area designated
in ac~~urc~arrct ~.~ ith .ti~:~;:tion ~? 11~ of the Gover;~r7~ent Code.
(~~ '`~~)ta.,.rlit!c~c=l iiisadv<intaged individual" means an individual who satisfies all
of the toilc-~4vin-~ r~~auirernents:
(~1) (ij .-fit least ~~0 percent of whose services for the taxpayer during the taxable
year are ~lire•ctly re;a~L~;I to the conduct of the taxpayer's trade or business located in a
LAMT3RA.
(ii; Wh~:- i~~~•~(~.-rn rs at least 50 perc;cnt oI~ I-ifs or her services for the taxpayer during
the taxable v<<tr iT~ the LAMBRA.
(B - Whc- is hired by the employer alter the designation of the area as a LAMBRA
in which the irr-Ji~ ieju.rl's services were primarily performed.
lC) ~'~'l~c~ i~ ~rn~ ~~t~the following irrutled~at.zly preceding the individual's
~omrneil~.errie»t ~;f~ ern)~loyrrient with the taxp~~yer:
(i) ~1» incli~-idtr.rl who has been determirn~.d eligible for services under the federal
Job "hrairmg I'arincr<hip Act. (29 U.S.C. Sec. 1501 et seq.).
(ii And ~:c\~unt~rry or mandatory regish-~~nt under the UreaterAvenues for
Independence f~r~ of~ 1 ~)$5 as provided pursuant to Article 3.2 (commencing with
Section 1 I ~?O1 ot~ (~l;apter 2 of Part ~~ of >7ivision 9 of the Welfare and Institutions
C'c~de.
(iii? ~~n c'i~c~n -rr~ically disadvantaged individual age 16 yeal-s or older.
(iv) .n c'i ~,1~~_.rt~~,.' ti~~orkc~r who mots any c~f~ the following conditions:
{ I j I-f;~•; 1~ _~ ~ te- rninatccl or laid otf~ ter ~~! ~~~ has received a notice ol'termination
or la~loft ~'r~~nl +.:rt~Ilil~~~l~rent, is eligible t'~~r or ha<. -~xh~iusted entitlement to unemployment
insuranc:c bl.nl ~f i t~. ~t~ri is unlikely to return to h~ ~ c+r her previous industry or occupation.
{ 11- }-[a~. 1 +~'t r- t~~r-minate;d or has rec:~ivcd ,~ notice of ternvnation of employment
as a restrlt of~.:rriy ~-c~rfrranr:nt closure or ~rny sul-stantial layoff at a plant, facility, or
enterprise, ini ltrding .rr~ individual who hers not. received written notification but whose
employer has malt a f>uhlic announcelYleilt of the closure or layoff.
(II f) Is I~~nr -Ier nr unemployed and has limited opportunities for employment or
reeml~~lo}~rrr~'nt in the ~;une or a similar c~ccupa~-ic~~n in the area in which the individual
resides. i-~~luciii~~! an individual 55 yearti of ail+~~ i-r older whc~ may have substantial
harriers t~:~ c~anl~i~~-~ mcnl by r~•ason of ac~~.
.~.. vvz. vi .
LlGJ~GVV/ 1.G tJ 1':1.1
1 1 /?6l07 0? : 34 P;~1
1()`)15 RN 07 30753 PAGE 5
Substantive
(Iv) Vv r~•. ~~~I~--~~rnhlo~~ed (including f-an~~c~rs and ranchers) and is tcnemployed as
a result -.~t' ~rett(~rai ~:c(~nc~mit c~~nditic>ns in tilt ~.ut11IT1utlity in ~vllich he or she resides
car be~c~ul>e (~t n~lf~lral (lisast~r~.
(V } VV~rs a ~i~~ili~,n etllpluyee of the I)eparttTrc',Ilt of Defense employed at a military
instillation hr:,in`7 ~:tc~:>t~d or realigned under the I)cfense Base Closure and Realignment
Act (.~f 1 ~~~)(}.
(V I } W',t~ ~(n t~c~trvc member of th~~ Arm~:~(~ N'orces or National Guard as of
Scptc,~mher :,f). I qe~i~}, <Ind was either involuntalil~/ separated or separated pursuant to a
special beneiii~ I~~r~,~,-,~m.
(V [I } I;x l~ericnc~~s cllrc~tlic seasonal une~ (lployment and underemployment in the
agriculture industry, ~ITgravated by continual .advancements in technology and
mechani~aticm.
(VIII) I [as been terminated or laid cuff m' has received a notice of termination or
layc~if~ as ~i c(m~ei~~tence of conlplianc~ «Jitll tb(; C[ean Air Act.
(v ~ Ail IC1(.Il~f(~llf~l wh~.~ is enrolled in or i~,:(s completed a state rehabilitation plan
~>r is a 5ervic:~-~~~-I~n~~~lec~ disabled veteran, ve~~~ran of the Vietnam era, or veteran who
is recently szl~~u-attd i~ic~rn military service.
(vi) ~1n ~~x-~ >1~1-c.I~d~r. An individual shall hr~ treated as convicted if he or she was
placed cm pr(~bati~:}n i~}~ ,~ state court wtthuut a titlding of guilty.
(vii) !~ re~lh,en( of:
(1) Fc~lrr:al .Su[-l~iernei~tal Security Income benefits.
{Il j Aic_i i--~ i~.lnlilies With Depencler~t C'[}~lcJren.
(IV i St,l(C .~{lcl l()Cal gcnerai assistance.
(viii) Iti a lucrl~lr;~r of ,i federally r~~cogni ed Indian tribe, band, or other group
of Native Ame7-ic~in descent.
(5 . "(lualif ~c.~d taxpayer' means a t<rxpa~; car or partnership that conducts a trade
car bu:s i n c s~ ~~- i t h i r r , ~ I., ~ MI.3 R A ~i~~~;=~--T-~I~- ~t < . ~ ~ , ,,
... al..., f A ~ A i7 ~~,
r 1
(-r~r}~~f~-rat-ftj-c~f:.~ . .
~-tt-=~-tt~~~t=c ~f-I~ri E-~ t ~ '
~ ~tpt'fCt3~ ~ ~ r
~1:St~tlt';s':~-f~}~7C`f'rtf~tf-j-'-t~ tt1'
~~tt-C -t~' t ~ Efi t E tc.'tf' ~ ~ " .. i'
~~C~ti`~#it~t-t~z::t , . ~,~.t:,-...,.-, .. «.t,,, r n ~~~Ii~-~r~'czz'Ti~~
l~Ehe-i~pn-y~`rkl~.t'~-!;t'-•~_t'~:t-~ #~Ireh(:-:~t ,
Ti-L-77TC-T7T' 'i~T~TT T~TTT~7.. ~ ~1T.i'P1 nmT~C1IL i `A A .i D i~ A .
t-B-~--~~?ti -ti M'il`t] tta4_ ~_ ._.. . c zp}e~`ee~-~nyl>1( ~.
c.
~ifi1~rl~t'c'~-t=ip =r~-f-c- -c'-~,-'c'c E~--z - ~
ftt-~-~h~-ftTf~:~tt'ltiii~;~.~~' ._tt~\, ~~_ ~,~.1t1
e~rt~r~~~--~;ri-~;~~~tterl-~pl~y~~f}r~'-tfler E-~--~~-
~i. VVVi V.11
11 G•.)!GUVi 1GJV I'.1.\
f 1 /26107 02:34 1'~7
f (?9 i ~ RN 07 30753 R4CJF 6
.Substantive
s-tr~a~rr~-~-~tK~l~-f--E~).--Ffr:'-dtv-i:~crr~~z;8A4~"-z~~---1 ~ ~ ,
t~t~~r-~-j-1=gat--ht.~ -I~--t ~-~ . _ ~_ ~_ ~ ~ rrn~r~
~!-eri-R~-~tt ~tt~~--rtt -tic -f . ,.~ ~ ,~ u - ~ n , ~ . ~.. . a ,_ ,;~ _ , ~.~ r.~ , ~. ~ ~. ~ ~
C `
((> I "(,~cluli~.c:ci ti~splac~cd employ~~'~ me ~n~ an individual who satisfies all of the
followin;.; reyuirc~rn~nls:
(;~) An ~~ ci . i l i.tr: or military emplc.~yee t f. ~~ base or former base who has been
displ<tcccl as c~ rc~ult :~,r a federal base closure ;tc•t.
(13? (i) At lc•a.~t ~~U perc;ent of whc7se ser~.-ices for the taxpayer daring the taxable
year arc ~.iirect) ti~ rel~~~~c~d to the conduct ~~f~ the i~txpayer's trade or business located in a
l.AN1Rl~A. -
(ii i Wlt~ ~ i~~rf~~>t tus at l~~.ast SO perc;cnt crf~ ltis cu~ her services for the taxpayer during
the taxable year- i» ~t [_,~~MI3Rr~.
{t:') Who is hired fiy the employer after the designation of the area in which
services \vere rrCr!~c~nn~~d as a Z~AMBRA.
(7) "Se,iscrnal et~lploynlent" means employment by a qualified taxpayer that has
regular and prcdic.t;thlc~ substantial reductions in trade or business operations.
($) `~Lf~MLE~f~ expiratic:~n date" means the date the rJAMBRA designation
expires. is ryo Ic.,n~tr binding,, ur becotllcs inoi~erative.
(c) Fc~r c.lira'.itiieci disadvantaged indi~~iduals or qualified displaced employees
hired on or after .lanetry 1, 2001, the taxpayer- shall do both of the following:
(1 ~ (~ht<:iin tre:?r~.~ the I~tnployment Uevel~~pmcnt Department, as permitted by
federal l~-w. the lc>=_~,tl :~~~unty or city Job ~l`raini~~t, Partnership Act adnunistrative entity,
the local county CrAly office or social servicc~> agency, or the local government
administc~rin`- tl-c~ f_,;1 ~CBRA, a certification th~~~ provides that a qualified disadvantaged
individual c>r clu.cl i1ic.•d ~aisplac~d employee mec is the eligibility requirements specified
in subparagra,~h (~') ~f' paragraph (4) of subdi~~ision (b) or subparagraph (A) of
p~tra~;raph (fi) +~~t ~•uhc±i•\~i~ion (h).'The l;mploy+nent Development Uepartmunt may
provide h~relimtn~tr~t ~.c~reening and referral tcs : certifying agency. 'l~he Department of
Housin`, ;tnd (~orrtrnunity Development shall de~ciop regulations governing the issuance
of certificates pur~~ua~~t to Section 71 I4.2 of tl~tc~ (.government. Code and shall develop
forms 1,i:~t~ this i:~ur~~~~~~~:~
(2) Rut<iin ~~ cope c>f the certification and ~rrl.~vide it upon request to the Franchise
Tax Board.
(d) (1) For l~uri~oses of this section. botl , of the following apply:
(A ~ All errtl~lc~}~t es of trades or businessr~s that are under common control shall
he treated as e~rt~p!c~yc~c:! by a single employer.
(13 ~ '1'h< <_rc.~Jit ~ i t ~iIly) allowable by this section with respect to each trade or
husinesti ;hall he ~lct~rcnineci by reference to it, l}roportionate share of the qualified
wages ~~i~,~ing rise to lh:.~ credit.
"I'h:~ rc~~ulat~on~; ~rescribed under this p~,ra;?raph shall be based on principles
similar tr the l~r~-l.~il,~r~~ that apply in the case ~~f controlled groups of corporations as
cpcciiicd in s~hcfi~~: isi~>~~ (ej of Section 2:~(~?2.
(? - If ~tr~ ~~mhluv~~~r ac~luires tt~te major lac rrtion of a trade or business of another
zmpl~ryc't (h~~r~~i~t~~~~r~~+~ in this J~~tragraph rcferrc~:l to as the '`predecessor"} or the major
l~ortic~n ~„ ~i r 1 ~:~i .~t~ +~tit of~ ~~ trade or hu.tiinc~,• o(~ a predecessor. then, fc.~r purposes of
~Juvu-vti
LI LJ~LUUr LL.:)V 1':1.~
(1/26/(17 (}2:34 PM
I (}`)1 ~ RN 07 30?~ 3 PAGE 7
Scrbstanti~-e
applying this s~~~•i ~~ )n < <~tller th~[rl subdivision (rl) r for any calendar year eliding after
that ~icquisitit lri. t~t~~ ~•,»l~loymGnt relatioTlsllip ~~etween an employee and an employer
shall nc~t bt_~ 1 [ ~~at~~~l a ~ terminated if tht e[t~plc~•, ec continues to be employed in that
trade or husints.
(e) (1) (,,~~ ;> (f~ t h~: rYlplc_~yment, other than seasonal employment, of any employee,
with respect t~- wirc-nr c(r[alil-ied wages are takt~n into account under subdivision (a) is
terminatccl t?y thf~ c<~xl~ayer at any tittle during the first 270 days of that employment
(whether r~r nc )t ~~~~nshc olive j or before t.h~ close of the 270th calendar day after the
day in which th~it emp;c?yee completes 90 day:, cif employment with the taxpayer, the
tax ilnpc~,e~ t y tl~,i~; ~,.rrt tar the taxable yt_:ar ii, ~,1-hich that employment is terminated
shall be incre~i~i~cl by ,in amount (deterrl~il~ed t~ncier those regulations) equal to the
credit all~~wecl under ~;uhdivlsloa (a) fc)r [haC I~I~able year and all prior taxable years
attrihutaF-le tc~ cltr<<!ili_~d wages paid or incurYe~.± with respect to that employee.
(13 ~ il~ clr~~ st•ase-r~al employment. of any c~u~ilified disadvantaged individual, with
respect to wht~rn c(trallhed wages are taken inttr account under subdivision (a) is not
continued by the clualilied taxpayer for a peria~l of 270 days of employment during the
60-month per~od'~eginning with the day the yualihed disadvantaged individual
commences st~~rsc~n4rl employment with t11e gtt:_-lined taxpayer, the tax imposed by this
part, l~or the t~~xahle year th<<t includes the 60t1, month following the month in which
the qualilietl clisatlvar[~aged individual cc~rrlmertc~~s seasonal employment with the
qualified taxl~.:,y~~. ~I~;~II (~e increased t>y an anll~unt equal to the credit allowed under
subdivisi~~r~ ~ ~i - I~~:jr t h,ct taxable year and all prig ~r taxable years attributable to qualified
wages p~~id or inc.:~irrcd with respect to that yu<zlilied disadvantaged individual.
(2) ("i1) Suhl7ar~, ~~raph (A) of paragraph (')shall not apply to any of the following:
(i) A t~rn~ir,atic~rr of employment of an c•tnPloyee who voluntarily leaves the
etnplc~ylnent c-f lire t~r.xp~Eyer.
iii } A te:~rrrril~atic~n of employment of an individual who, before the close of the
period re~~crr~d t~~ in subparagraph (A) of paraf;raph (1), becomes disabled to perform
the servic~cs c~; that crnploymcnt, unless that disability is removed before the close of
that period and tti:~ taxpayer fails to offer recn~rpluylnent to that individual.
(iii) A t~ ~rni r,~ttic ~n of employment cif an individual, if it is determined that the
terminati~~n w-c~~, clrrc rl~~ the rT~isconduct {as detincd in Sections 1256-30 to 1256-43,
inclusive. ctf 'l itlc• ?? -~~' the ('alifornia C'c~de c_~1 [Zegulations) or that individual.
(iv ~ i~ tf•rmin~lt~~~n ~~f eirlployrnent car an ~ndividuai due to a substantial reduction
in the: trade ur husinc:.~ operations of the taxpayer.
(v) ~ terrTti:~~cti~~:~ of employment of an individual, if that individual is replaced
by other clualilicd c.•tnp:oyees so as to create a >>et increase in both the number of
erY~plcye~ s ~tn~ 1 the f~c~[rrs of employment.
(f3'! Suhp~,r~~~~r~il~h (13) c.~f paragraph (1 j shall not apply to any of the following:
{i~t ~ l~ailur~~ to c~~ntint[~ the seasonal en-~s~lt~yment of a qualified disadvantaged
indivi~Iu~rl whl) ~~I ~ltru~..~ri1y f:3ils to return tc~~ fh~. ~I~asonal employment of the qualified
taxpayer.
(ii) A f~rilur~~ tt_~ ~untirzue the seasc~~nal cnrp[~yment of a qualified disadvantaged
individual wht:~. l~t~f~~rc~ the close of the period referred to in subparagraph (B) of
para~:r:lptt (l ). I~cc omc~> disabled and unable to pcrforlll the services of that seasonal
cmplt~ymcnt, r[nlcs~ th,[t disability is removed nefore the close of that period and the
clualitiecl tatip,[~,er F~rii~ tc.> c~l~fer seasonal emplt~Vtnent to that individual.
~uur: u.~r
i}J/. V VO/ V 1
11/26/07 Q?:3~ YM
]09~ 5 RN 07 3(}753 YAC-E 8
Substantive
(iii) ;~ 1~~-ilurt~ t~ ~ c:~:~ntinue the se~isonal c.'~nployment of a qualified disadvantaged
incii~ ideal. if it is d~~c~~r mined that the failure tc~ cc3ntinue the seasonal employment was
due to the IIl1':~'c)I~dIICt (as defined in Sections 1256-30 to 1256-43, inclusive, of Title
22 of the C`alif~_~r-.ia c:'~~cle cif Regulatio~is) of t`~at qualified disadvantaged individual.
(iv) A t~-ilur-e r~~ c:ontinue seasons+1 cmPl ~ynlent of ~- qualified disadvantaged
individtz~cl du~~ rc~ ~- srri~stantial reduCtlUn ICl Chl regular seasonal trade or business
oper~itiolrs of the ~l-r~rlitied taxpayer.
(v; A (~~-ililr~~ t~:. ~;i~ntirruc the se~isc)nal employment of a qualified disadvantaged
il~dividu:~l, if tf~ai. indi~•idual is replaced by other qualified displaced employees so as
to crcat~~ a net inrrea:,e in both the number ot~ ,<<-sonal employees and the hours of
seasonal empl~~yr,~cnt.
((:') Fc~r l~t~ rJ~~>~e~~ cif paragraph (1), the e•~~nl~loyment relationship between the
taxpayer and ~rrr ~rnpl~..~vee shall not be treated a~~ terminated by reason of a mere change
in the for-n of e:cm~lucriiig the trade or business c-f~ the taxpayer, if the employee continues
to be eml~lo_ycd it th~-t trade or business and tl-te taxpayer retains a substantial interest
in that tr~Ide i~r ht~~in~~<:s.
(3; .~1n} nc:r~~;r;~ in toy under par~-frapL (;l) shall not be treated as t~tx imposed
by this p;-rt fc~r (~uI-1)c~~c~s of detc~nnining the aI~-Urlnt of any credit allowable under this
part.
~~ ~
tltl~f~ii~~~-t~4--~t~`s.,-~f~-t~~'{-.c-«Y~c' " ._ Yt11tt` i~f23 ,
ttt~E-t;~l-t-~-t't~ecl~-t-pi~ ['l )f;"i ' c
~te-t <t~t~p~e~s-~te~ r~1t!- itn~le-~e~:
(f) In the c~~se c~f~ an estate or trust, hc~th ~:~f the following apply:
(1) The qu,rlifit;•ii wages for any taxable y~car shall be apportioned between the
estate car t~-t-st and the beneficiaries on the basil, cif the income of the estate or trust
allocable tc~~ c~-c~h.
(2) any l-~cr~~~lic:iary tc~ whom any du~-lified wages have been apportioned under
paragrahli (1) .~11~~>! t)~~ ~reatcd (for purposes of this part) as the employer with respect
to these ~~~ages.
(g) The credit shall. be reduced by the cr~.~~ait allowed under Section 17053.7. The
credit shall ~-lsc~ bc~ redLiced by the federal credit ~-llowed under Section 51 of the Internal
Revenue (:'cycle.
In :.ldiii-i~;~n. ~rnl~ dc~ducti~n otherwise all~>wed under this part for the wages or
salaries paid ur ir~~ un z~i by the taxpayer upon w hick the credit is based shall be reduced
by the anrc~unt of the ~~r~edit, hrior to any reducrion required by subdivision (h) or {i}.
(h> In the' c•.~~;e ~~ here the credit otherwise allowed under this section exceeds the
"net tax' i~c~r t~)c• t•l?i~tl)lc year. that portion of tl e credit that exceeds the "net tax'' may
be c~LI-riccf aver :uil ,-~icled to the credit, if any, rn succeeding years, until the credit is
exhauster(. ~(~h:~ cr~_~clit ~h~ill he applied hrsr to tiie earliest taxable years possible.
(i - + 1 ~ "1 !~e <~nr~-~rrnt oi~ credit otherwise Allowed under this section and Section
] 705.x.-t5. in~iu~iin<< 1-ric>r year credit carrv<~ve<<,, that may reduce the "net tax" for the
taxable y~,ar sl-all tiut ~;~,ceed the amount oi~tax that ~.vould be unposed on the taxpayer's
business i11COI11C attnl~ut~d tip a LAiVi>3Pt~ determined as if that attributed income
I"t',prE,'SCnt~~d Ill cif th~~ net income of the tarpay'r subject to tax under this pert.
(?} Attr~hut,-hlc in;:omc shall be that hor•ion of the taxpayer's California source
business incc~rric ~I~,tt ~~ ~-l~portioned tc~ tklc L;~i~1BRA. For that purpose, the taxpayer's
1 1!26/07 02:34 Pti1
t {)91 ~ RN O7 3075:3 PACE 9
Substantive
busiucss inc~~rn4 hat is attributable to suurc~~, in this state first shall be detern>ined in
acci~rdance ~~ it lr r: 'f•~,r;~i r 17 (ce~nunencin~ with Section 251 ~ 1) of Part 11. That business
income ~hrll h,~ r~,rrl~:~r apportioned ter the [,~'.!~1BRA in accordance with Article 2
(cammcnc:inr:~ ~~ irh 5r,~tian ?5120) of-C'haptt~r l7 of Part 1 1, modified for purposes of
this ssv'ctic.~n ire ;i~~~ ~~rift,ClCe with paragral?lr (3).
(3 ~ II~c<Ime ~ha!(bc appclrtioned to a L,.A.r.IBRA by multiplying the rotal California
business incurl~e ~~t` the taxpayer by a fraction. the numerator of which is the property
factor pli.rs th{~ p<<y~r~ll factor, and the iienon~i~:ator of which is two. For purposes of
this para,~r~rph:
(~1> Thy: proper tv fact<~r is a fraction, the numerator of which is the average value
of the taxpayc~r~~ real Cenci tangible persc-rnal pr Ipi;rty owned or rented and «sed in the
LAIVIBK~'1 dus-irlL th~~ Taxable year, and the derron>;nator of which is the average value
of alI the taxpayer's real and tangible personal property owned or rented and used in
this state dllrin~ the ta.YCrble year.
(13) Thc: pati~roll factor is a fraction, the rlurlierator of which is the total amount
paid by t lle tax pa ver i n the I,AMBRA during ~ he taxable year for compensation, and
the denu~ninate>r of which is the total compen-ation paid by the taxpayer in this state
during the taxat~~le~ v~~ar-.
(4' 'hhc.~ lrorticm ,~f any credit remaining. il~ auy, after application. of this
SUbd1v1S10I1, shall he c,irl7ed over to succeeding taxable years, as if it were an amount
exce~~din~ the "net tax' for the taxable. ye~~r, a~; provided in subdivision (h).
(j> If thl~ t~r?.p~r~~er is allr~wed a credit pur~.t.Iant to this section forquatifiied wages
pain or irrcru-r~i~~i. ~ ~rrl~- ~::rrle credit shall he allo~<<ecl to the taxpayer under this part with
respr~ct to and w~~~_~r~ ~ ~~•rlsisting in wholf~ car in ~rart of those qualified wages,
SEC. 4. 5~~cti,~~n ? 3(145 of the 1Zcventle and Taxatiolr Code is amended to read:
2 ~ci43. c .r ; I ~or each taxable year begin;~ing on or after January l , 1995, there
shall he ~~llc.n~~~.~;! ,:~; ;i credit ag~iinst the "tax" (,rs defined by Section 2336) far the
taxable year all aIllt)Unt Cgllal to the sales or u::e tax paid or incurred by the taxpayer
in conne~;tiul~ with the purchase of qualified property to the extent that the qualified
property does Wert ~?xc~reJ a value of twenty Ini Ilion dollars (?0,000,000).
(b) For h~_iI-lri-sl~:•, of this section:
(l) "L~'1I~1Fak~~" means a local agency r~~ilitary base recovery area designated
in accurdan~cc ~~~itf~ S~'c;tiun 71 14 of the Covcrulient Code.
(? j "'1'a;tpa~~er'~ means a corporation that conducts a trade or business within a
1L1AlL\M~~J~~I~[i~~K~j 1-ar~#-ff ~r tlrt? - ..
~" ,1I1 l f _ ~ ~L r v 1
f-A-r-1-#rr'-~-t-t~t-~.e-i~-~h ~ .
Nor--t~~-tf-rn#>e~+f-fit rl .. L .....
~~^dt~tfl~e`s:~s'~~t'Yf~-tt3t1-'s-tt t i ~ - - r1tL
{`rY1t~t3~`E,'f-E'tfit~'liytj~~`t~`Fl~-l-t~y~i ~ y ,tom ~ L
~f~~.-.•I l l 1 l~ 1 1 .~ 1I / .. L L l~ _. b,
i-1=r-t-rr~iT~r`<it~-~"~-ri~I•-Etlt'fit -~ ,, . , ~ r3er .
` ~ r ~~' ~~ ,*-rFt3~ffi~`tt"`_ 1„ , „ :.. • ' a 1., , . T A R A i 7 17 A ,.1 11 1,
~! LL LiIl1lJ 111 C11G~~7T11~TT1'TL ,L~:
~: f I ~ ~~ lZ
r>r rzi;~Trct'1rt1t_I~-t-.~_,1_yic'
i-{`-t~!'fif.'-t~i~ r23t )rf ~tt-l ~ Ytt t rt~y-t'i~~)l:. 'til-13}tts't' ci-=~ ,; • t,: _..1, ,-. rl,-~l-r~v'r Dr~~-
~UU:!/UI ~
11 /?6/07 0? :3~ PM
1(}91 ~ R:~ 07 3075 3 PAGE 10
Substantive
~ }-q=~c~~-f--~t~t3r~-~rf- . -~1-
~t1~-rrl--H~--r*f-~+rc~#c~-ice
~>y-?-~~->~:
f.'t`t~~31t7~`f'~~~3f~-~tf L~'-`~tt~.'tt`t~'f~fi:fl'.~'[31~e2~`f~l-'v`tE~t'~:}~'.-~
~,, r,~.
~ n~r~ri i-i~ ~-f~ttfiitfir -~ {`7c' 1 ~ . , f!~t. _ ~ ,
~..t.. ,
''"'-'rt--~-~-t_~`.'.tii=vt`.3rris-~, n~• ~. .> >
~'f~ 1't=t~{--t~-1<rt~ 1t-f ~- t t, ,~ ~ ",'.. ~-• ~ F t~Tt-ftltl~:s-t ,~-t ~ ,
t~t~t-~T~~f3tt s-ti:fif't ~- tt3 -~~ - ~- , n ~ a u v n _ ,a z, , i ~, ~ - ~ ; i~3 ,., „ t,~...~ ~~ .. , t, : „ ~.. ~ ~
{3 ; "~Lal it ~ ed property" means propert., that is each of the following:
{A) f'ur~lla~;eci i~y~ the taxpayer for exclu~.ive use in a trade or business conducted
within i1 Lr1Iv113k -~..
{I3) Purc•lia~~~d 1~efore the date the. i~AM KIZA designation expires. is no longer
binding, or liccc.~nles inoperative.
(C) An~~~ of the following:
(i) 1iig11 tc~ hnc-logy equipment, including, but not limited to, computers and
electroni~~ prc~ces:~.inr t•yuiprnent.
(ii;a Airc•r;1f~t maintenance equipment, inc~uding, but not limited to, engine stands,
hydraulic nu,l~s, loo«~cr carts, test equipment. nandtools, aircraft start carts, and tugs.
(iii) Air~c~aft rc„~iponents, including, bul not lrnuted to, ellgilles, fuel control
units, hvcirauli~ l!~unl~~•, avionics, starts, wheel ~, and tires.
(iv) Secti~}r 1?=t5 property, as dzfined in Section 12~5(a)(3) of the Internal
IZevcnue C~1d~~.
(c) "I'he ~r~~clit l~r~_~vided under sl,hciivisic:~~ (a) shall only be allowed for qualified
property m~,n~,f-~,c~~t.:rf•~I in C,rlifornia unless qu.,lified property of a comparable quality
and 1-}ric•e is nit ~,~ ::,il:,f~lc f<.»- timely purchase ~+nci delivery from a California
rnanu fact ur~~r.
(d~} 111 tl-i~ ~ ,,s` ~~}. here the credit ,-rth~=rwis~ ~ ~:1llowed under this section exceeds the
"tax" for the ta.~~,l ~1~~ ti c,~tr, that portion cif the c; edit which exceeds the "tax" may be
carriod o~~•ur an~i ~:cidc~d tc~ the credit, if ~jn}~, in ;u~ceeding years, until. the credit is
exhausted. l he rr~~clif shall h~ applied first to the earliest taxable years possible.
(e- Any t:lxh,ryer whr> elects to be suhje~~t to this section shall not be entitled to
incrc~lse the b,,sis ~ ~f-t11~~ property as otherwise rc:gl,ired by Section 164(x) of the Internal
Revenue C'c.-dc~ with r~~:;p~ct to sales or ust~ tax f~aid or incurred in connection with the
purchase crf gr~.rlifie~l property.
(f) (1) `I h:: ~~ mount of the credit utllcrwise: allowed under this section and Section
36(3, including .1ny relit carryovers from prior years, that may reduce the "tax" for
the taxable _year shall r~~ot exceed the amount cat tax that would be imposed on the
taxpa.y~•r'~ 1~L,~1T1~~,~ i11cc)rne attributed to a LA>\~1BRA determined as if that attributable
itrcorne rt~presc~nt~•d u(I the incozue of the; taxp~~yer subject to tax under this part.
(?) Attrihu~.-rl~(c income shall be that p~r~i~~n ~f the taxpayer's California suurce
business :nec.»,~~• Tat is appcu~ticmed to the LA1191~RA. For that purpose, the taxpayer's
business ~r1c::c~rne~ ,h.ct i~. attributable to s~~urecs ;r1 this state shall first be detenni,~ed in
accordan~..c with (.'halter 17 (commencing with Suction 25101). That business incumo
~~1~~ ~1 r
l,~l. U 1 1 .- U l f
t 1/26/07 02:3 PM
I(l9I ~ RN 07 3073 PAC:rF. 1 1
Substantive
shall he t~urth~r ~il:~;~~.~r. i~_~r,~d tc.~ the LAi~TI3RA ir, a~~cordailce with Article 2 (commencing
with Sec, inn :'.~ l t}) ~~t•C'hapter I7, modit~ed f~.~r purposes of this section in accordance
with paragraF~h (~~ ).
(:3; tncc~nic ~h~ill he apportioned to a LAI`,1BRA by multiplying the total California
business ine:c)rnc~ ~)f th~~ taxpayer by a fraction. the numerator of which is the property
factor. plus thc~ pi, yrol ] factr~r, and the denomiriar.or of which is two. For purposes of
this 1)ara~zraph:
(A) Thc~ })roperty factor is a fraction, the numerator of which is the average value
of the ta~.paycr's .•cal ;nd tangible personal pr,~pez-ty owned or rented and used in the
LAMBKA during th~~ taxable ye~i.r, and the denominator of which is the average value
of all. the taxp<~yrr', real anti tangible personal property owned or rented and used in
this state duri n~~ rile t~, gable year.
(Ii) "l'hc~ Iris- roll factor is a fraction, the numerator of whichrs the total amount
paid by the ta~paver ire the l_AMBRA during the taxable year for compensation, and
the denozninatc-~r cif t~ bleb is the total compensation paid by the taxpayer in this state
during the taxable year.
(4} The pc)rtic~tt r)f any credit remaining. if any, after application of this
subdivision. sh~ili he ~:~irried cover to succeedir,,~ taxable years, as if it were an amount
exceedin~_ the `'t~cr'~ fc-r- the taxable year, as pry>v~sled in subdivision (d).
(g j (--1-~--I 1~ tf~~: qualified property is dispost~ci cif or no longer used by the taxpayer
in the I_AM1.31ZA, .:it ~u~y time before the close of the second taxable year after the
property is pl<<cecl in ~,erwice, the amount of thc~ credit prrvviously claimed, with respect
to that. property, shall l;c added to the taxpayer s tax liability in the taxable year of that
dispc:)sition or nc~ruse.
f~~--t-tai-~--ek~t~j ~ .
.. ,
~Ht•~rrr' :r-r~r~-~' h-~ -t'1`c~c~-~~F. ~ .. i ~ '
(h) If the ta,~payer is allowed a credit fo;~ qualified property pursuant to this
section, c~tlly c)rze ~~recli' shall he allowed to the taxpayer under this part with respect to
that qualified prc~l~erty.
(i) 1'he a)n~:rtdrn~~nts made to this sectio,r hy~~-~ ~~' ~-a t• ~ ~~.•~ '- ,'
u.li l l l l ~ "' L. ~ ~.
Section $_~ c)f l'haI?tcr.~~$7 of the statutes of 1.9~~~) shall apply to taxable years beginning
on c)r after .lanu~trv l . 1 t1y$.
SEt:_'. 5. S~~~ti~)it 236.6 of the Revenue ~u~d Taxation Code is amended to read:
23ti~6. (a) Fr~r each taxable year beginning on or after January 1, 1995, there
shall be allc~wc~c) a~, ~~ cr::dit against the `'tax" (as clcfined in Section 23036) to a qualified
taxpayer for hirit~~_~ a clr.ialil-iecl disadv~inta-ed i+ldividual or a qualified displaced
emplc>yec~ clrirrn~. ~hc• tc,xable year for empluyn~ciit in the LAMBRA. "I'he credit shall
he equal <<i th~~ ::um c)F each of the following:
(11 Fifty: per~~~it of the qualified wages -n the first year of employment.
(~) Forte p~ merit of the qu~~lified ~~~~iges in the second year of employment.
(3 t Thirt~~~ l~crc~nt of thr: dualificd «~age,- in the third year of employment.
(=1) ~~l•~~~ent~,~ ;-f~~r,c~nt of the qualified wage:; in the fourth year of employment.
(~) "I-gin pcrc~~n~ cif the qu~.ttified wa~~cs ir- tlic fifth year of employment.
(hi h~~r lu,f~-c'~sc•ti oi~ this section:
(!) "Qu<<liti~ct ~~•.~ges" gleans:
l l a:<)' ~VU f L:. ~ il.. 1':x.1
11/26/Q7 U2:3~ P1~1
1()9 t ~ RN ()7 3(:)753 PAGE I2
Suhstantly~
(,1> That p~~r,icrr, of v~~ages paid i~r incur~-~ci by the employer during the taxable
year to d~.talit`icrl ~.ti~~l~.i~,-anta~~ed individuals or ~lualified displaced employees that does
riot exce-~ci l O pr~r~cart of the minimum wage
("I3 } Thc~ t~>t~il auic~unt ~>[~ qualified wage> which may be taken into account for
purposes oi~ clacnring the Crt`Cllt allowed under ~hiy section shall not exceed two nullion
dollars (`~2,0(;U.O(?O) 1-rer taxable year.
(C} E1~'a~,;~~s r~c:c~i~/ed during the fib-month period beginning with the first day the
indiviciu<<l cc~ll~m~:rrcf~s employment with the taxpayer. Reemployment in connection
with any incr~~4~se. in~~luding a regularly occ.urr-ing seasonal increase, in the trade or
business ol?er~~ti~>n ~~1. the qualified taxpayer dt>es not constitute commencement of
empluyrr-ellt l~c-r E~ur-~'~~ises of this section.
(l~) (~?u,.rlifi,~d ~~uges do not include any ~~~~rges paid or incurred by the qualified
taxpayer on or ~lrter tli~ LAiVIBRA expiration Gate. However, wages paid or incurred
with respect t~.:r clt.ralitit~d disadvantaged individuals or qualified displaced employees
who ~lre rt7lpl-~ti~eC1 by t~~e qualified taxpayer within the LAMBRA within the 60-month
period prior tt~ th-~ I.~<~M13RA expiration date ;hall continue to qualify for the credit
under this se~ti~-n ui'tc~r~ the LAMBRA expir~ltic-n date, in accordance with all provisions
cif this sectic-1~ apl~l ic~l as if the LAMBRA des i,guation were still in existence and
binding.
(`' ! "I/~l i rr i rit u m }.-ra ~;e" means the wage ~~ stablislled by the Industrial Welfare
C'ummi.ti~.i~rn as hrovicl~d'for in Chapter 1 (commencing with Section 1171) of Part 4
of Divisi~~n ~~' ~~rt ttrc• f ,arbor Code.
(~) "L.~,ir~lh•r~;~" means a local agency r=-lilitary base recovery area designated
in ac;corclanc~: L'r~i.tl~ t1~` provisions of Se~tivn ~l1 1~ of the Government Code.
(4) '`Qualilie~! Disadvantaged individual' means an individual who satisfies all
of the followin~- r~yuirements:
(A> (i) ,fit least c10 percent of ~.vhose sere, icos for the taxpayer during the taxable
year are clircctl~~ r~~l~lt~:~~ to the conduct of the t.cxpayer's trade or business located iin a
LAM131Z A.
(ii) W'hc~ perl-~-rrrr~-s at least 50 percent of his orher services for the taxpayer during
the taxable v~'clr irr th~~ I,AM[3RA.
(H + Wh~:~ is hired by the employer after the designation of tl~e area as a LAMBRA
in which the inDi~. idua':'s services were prim~u-ily performed.
(C' - Whc~ is an}~ c~l~ the following immediately preceding the individual's
commenc:er»ent c.rt cr-nployntetrt with the taxp,: ycr:
(i) An irrcliv iclu;ll who has been deternun~ ~d eligible t'or services under the federal
Job "1•raining 1'~ertir~r~hip Act (29 U.S.C. Sec. i 5t)1 et seq.), or its successor.
(iii Anv voiuilt~u•y or mandatory registrant under the Greater Avenues for
Independcnc~c Act c~l~ 1985 provided for pursu~:nt to Article 3.2 (commencing with
Sectic.m 1 l ~2(t) «t C'1-apter 2 of Part 3 of Division 9 of the Welfare and Institutions
Code .
(iii} An ~c~c,n-al,~ic~illy disadvant~ig:ed inc'.i~-~idual age lb years or older.
(iv 1 ~~ cirslc-'_,rtc•<1 worker who meets an}~ ir1~ the following conditions:
(I) H.~, h~~~rr t~~~rninatc~d or laid ~.>fl~c>r wi~~~ has received a notice of tenninati~n
err t<l~ off I~rc-nl c~irll- I~ -., ~ ~ ~~~nt, i s eligible for or h<« ~x harrsted entitlement to trnetnployment
insurance bclrc~tit:;. ~ur~l i~ unl.ikcly to return to hi > or her previous industry or occupation.
~Z:I vi..- v.~ i
~/. UlJ%V1!
11 /26/07 02: 3~ Pti1
1091 > RN ~7 30753 PAGE 13
Suh.stantive
(I I) I Ian, h~~_ r; t`:i rninated or has re~eivec) a notice of termination of employment
as a result ~~f .»y p~r~nanent closure or any substantial layoff at a plant, facility, or
enterprise, in~~ltrd~~~~~ ,~r~ individual who haS n01 C~,ceived written notification but whose
enlploye~ has rrl~~~le ~~ I}uhlic announcerllent cat the closure or layoff,
(11[ j is 1~~n4~-te- rrr unemployed and leas l~rnited opportunities for employment or
re.emplo~~ment m the ~.irlle i~r a similar occup~-tion in the area in which the individual
resides, inclulfin,~ ~~n iriclividuai 55 years of a~-~:~ car older who nl.ay have substantial
barriers to C;n;l}I~~~~ nor nt by reason of age.
(I~'l `'~',is ~~~lr-r,nlployed (including farn;ers and ranchers] and is unemployed as
a result cif gerier~if ec~.~rlomic conditions in the community in which he or she resides
or hecau~,e ot~ -~atrrral disasters.
(V) W~-.5 a c~~vii~:rn employee of the I)epa7 tn~ient of Defense employed at a military
installati~m being ~:)osed or realigned under the Defense Base Closure and IZealigncllent
Act of 1990.
(V[) ~'4'ati ~lll active member of the Armeci Forces or National Guard as of
September ~0. 1 ~!`)t), a~ad wits either involuntarily separated or separated pursuant to a
special h~~~netits [>> c~g,r <<rzl.
(V [I j E.xl>er ic~n~:~e~s chromic seasonal uner~iploymerlt and underemployment in the
agriculture incltestrv, ;~~;gravated by continual advancements in technology alld
mechani~ati~~n.
(V (I I) Has t~cr~~ terminated or laid off of has received a notice of ternunation or
layoff as a cc.~-~ ~cc i u;: roc: e of cornpiiance with th:; Clean Air Act.
(~~) !1n indi~~:~idual who is enrolled in or has completed a state rehabilitation plan
or is a service-c~mr~ec•t~~d disabled veteran, vet~~r~~n of the Vietnam era, or veteran who
is recently scl:~:rr~ired from military service.
(vi) Air ~~~-~ ~tt~ u~~ler. ran individual shall he treated as convicted if he or she was
placid c-r~ prcr~rati~>n t~~ a st~it~~ court without a finding of guilty.
(vii) ~'~ ~~e~il~i~~r,< <ii~:
(I) I-~c~ri~~ral '~rl[~lrlcrllental Security Incor-~le benefits.
(ll ~~ Aid t~~ f~~~_n~~ilies with Dependent Children.
(I~') St~~tc ;inc[ Ic-ca1 general assistance.
(viii) Is ~i r11Cln+~,r~r of ~.i federally recognized Indian tribe, band, or other group
of Native Arnl~ric~~n decent.
(5) "C~ua(ificcl taxpayer" means a corpoa atiorl that conducts a trade or business
within a LA-VIFiR ~1-~r-~r-fa~-i?i~~~i~~~zi-~~~Ee- . ,
tfi~ its--?F3f#+-p;rtc }- f~3u~s-- fee:-Ifiei' -~,
deteff~ifiifit''"~Tt~~ .j-fl--'-~1,, r J A ~ ~r i~ n ~
(~r-~-~t--t-n'`t~~:~re-i-rt--El~e~-
r l~ `~rC'7T~ , TT f
.. ,
~~-~Ea-t-l~r;~y~~-c. . tote--t~~-+1~., ~r-E
~ttn£!~`.n ~~~'f: tHf ~fi; ~ tfifi { 1., ~ i .~ rr ,T D b A ~ :.,, ..... ~ 1, . , i ~, .
~t~31t3e'~'~s--~~'-c'-Frtf:tr-~tr-~~-try . _, ,
TT.[ c-TI~L~ ~'_'iff~~~r"- ~fY-C'C" :.-~t :. ~ .~ \ a l~ .. i A ~- ,T L? D A 1. 11 1.. ~ .
l l L ~) ~ c. V V ! 1. L J L 1 .l .\
11 /26/07 02:34 PM
1091 ~ RN 07 307>3 PAGE 14
Substantive
~€-fltje-t>r -~?t~tt -t:tt-i 1-Ei-t~-~ ~ i:Zr ~' : ~l, : ~ +l. ~ r n !- R ~ n A
(-i3}-~jt~-tt+t..tl-Htt - ~ 3''}l~'~'~~l~e
~=rrr(rnf'^~17~f^^-'h''-''f-r~-tl~~`-~t`~}}~ ``'
t f"~-T"TIC .! ~ft`fl'~'1T"~ ,~ T A A~ n n A T'.~.. . c
`t''~'`~~ .,.. {ifif~f-*~~jCt'f'f'""]TT~ fr'~f'3331 ~ 4
iTT!`TTiC`~'ft{i~~'~Ci'717L~~"•'F' «tt, ..1,- .~l_ ~
~'-frf ITT~i~"c-CII"PT~,~ `~^l Ilrlr~. ~ y„ ~
c. t c ~ ' -~-_ -
~. L . .. ,~~.~-,f-) l [.. ~~ r 1. «..1.... .1' ' } I!'e"~ft'!r
~~r~ZL:TCTC~i"f?°"'T7LT"ST~T~'-~t.. 7 A A AT7 T] A ,.1 «L_ l.~ .~ E,-. ..~ .L.:.,l. 1 'l'
(f~~;~ '`Qt~alilic~t ~lisplaccd employe" rne,lns an individual who satisfies all of the
following rey~iirem~•rrt:
(A) An~~ ri\.~iliun car military employee i~f << base or former base that has been
displac:ecl as ~i re~~.,lt ~~1~.~ federal base closure rrct..
{I3 ~ (i) ~1t least ~Jt) percent of whose serti ices for the taxpayer during the taxable
year ar~~ ~.iirectly rt~l,,i~~~l to the conduct of~ the taxpayer's trade or business located in a
LAIviF3RA.
{ii i Whu performs at least 50 percent of his or her services for the taxpayer during
the raxahlu yell" 111 a L,'~iVIBRt1.
((~' - ~'Vhf~ is hir~cl by the employer after ?he designation of the ~u-ea in which
services ~~~c~rc }?~rt~r~rrtt~d as a LAMBRf1. _
(7 j "Sea~~~r~al employment" means L~mpioyment by a qualified taxpayer that hats
regular and p~c~~lic•t;ihlc~ subst~intial reductions in trade or business operations.
{8 - '`L~1~91 ~R;~~ expiration date" means r~1c date the LAMBRA designation
expires, is n<~ ]c~rz~;cr ~~inding, or becomes inol;crative.
!c) t~c~r clualiticcJ disadvantaged individuals or qualified displaced employees
hired nn ;~r af~rcr .ianu;-ty 1, 2OOZ, the taxpayerf shall do both of the following:
(1) Uht::~in ~ r~ ~r:~ t11e Employment Development Department, as permitted by
federal 1~~~~~, the aclrni~~istrative entity c>f the lo~~~,il county or city for the federal Job
Graining Partnc•r~~7ih l~ct. or its SI1CCesSc)r. the ~~:>c~al county GAIN office or social
services :r`t~n~~t. !.r th~c l~~cal government a~lrn~rtistering the LAMBRA, acertification
that provjdcs th;.it :r ~.lt,alifi.cd disadvantaged i><lc.lividual or qualified displaced employee
meets thE~ eli~ihilit~- re~7uiretnents specified in subparagraph {C) of paragraph {4) of
suhdivisi~n ~l}) <,r ~uhpararraph (A) ~f paragx;zph (6) of subdivision (b). T'he
lrnplc~ynient [)f~vk•I~~r~ment Dcp~u-tment rna_y prl~vide preliminary screening and referral
to a ccrtii ying a:;~~r1~.y. The Department of 1-four ing and Community Development shall
devel<~p regul,.~tii~:rs ~~~~>vcrning t:he issuance ot~ certificates pursuant to Section 7114.2
of the Gc,vernrn~~r:r C',~ile and shall de~~elop i-orrt~, for this purpose.
(2) Rr?t~~itr a c~~E>~ r~F the certification and ~+rovide it upon request to the Franchise
Tax Board.
(d) { ]) 1 ~c~r- ;~url~; ~scs of this section, botl": of the following apply:
(.~1- X1.11 tritl~le~} `cs of all corporatif.~ns chat are members of the same controlled
group i~t or}~~>r~ttic~n~:;hall he treated as cmpl~~yr'd by it S1Tl~le employer.
YrJ v i i ~ .
li .~~.)~ LVV1 1~JG 1~.1.\
I l /-?6/07 02:3=t P~1
l t)~)1 ~ RN (}7 30753 Pr~GE 15
Substantive
(R) Tlz:~ ~r<<iit i if .itl~> allowably by thi:, ~~~ctiou to each member shall be
det~~r[lunc,•d b:, r~'~crct~~.:c; to its proportionate s'~are of the qualified wages giving rise
to the credit.
(? - F'c~r [~ur~~r-~ ~<, cif this `ubdivisiun, "cf ~ntrolled group of corporations" has the
meaning given rc_> th~it teI-m by Section 1 S63(~- - of the Internal Revenue Code, except
that both ol• the f~ )Ilc~~~.v ir7g apply:
(~) `~i~~}U1'e CFl~ril 5O percent" shall be sul,stituted for '`at least 80 pe><•cent" each
place it appcar~ ir! ~c~tion 15t53(a}(1) of the Irltei-nal Revenue Code.
(B) The clctc~nliination shall be made without regard to Section 1563(x)(4) and
Section ? 5(~3t e)(_~)((') of the Internal l~e~-°enuf~ C'c~de.
(3 ~ If an ~` iT[plclyer aecluires the major pl ~rtion of a trade or business of another
empluyer~ (herein.rl-ter in thi paragraph referr~~il to as the "predecessor") or the m~ijor
portii~n of a sc~l~ar~ite unit of a trade or business; of a predecessor, then, for purposes of
applying this s~:ctic+n t ~.~ther than subdivision (<3> j for any calendar year ending after
that acquisitiiin, tllc' c~nlployment relationship ;~etween an employee and an employer
shall not b~ [re~ttt d 11 > terminated if the ernplc:~ ~~ee continues to he employed in that
trade or l~u~irl~~s.
(e) ((1 t .~~ 1 1 I~ t.h-_~ empl~.>yment of any enll ~lc~yee, other than seasonal employment,
with. res{~ert 1~ - w hc~rr[ ~aualified wages ~ir~ t.ak~~n into account under subdivision (a) is
terrll.inat~;d I~ti ti-c~ t..[xl}ayer ~[t any time during tl~e first 270 clays of that employment
(whether car n.._lt ~~,ns,~~utive) or before the cto,;~: of the 270th calendar day after the
day in which that c~17:71-~'c~yec completes ~~0 day:, c~f enlployrnent with the taxpayer, the
tax imposed 1-~y this I:~:rrt for the taxable year i:~ which that employment is teI-minated
shall be incre,~.tiec1 by tln amount equaE to the coedit allowed under subdivision (a} for
that taxable vc~><r ;[ncl gill prior income years all ributable to qualified wages paid or
incurred with resl}t~ct t;~ that employee.
(I3) I1' the sc~~isc~r[aI employment ~}f any cualified disadvantaged individual, with
respect to whc»n ~luaiif-led wages a.r-e taken. int~~ account under sttbdivisic~n (a) is not
c;ontinue~i by the ~lualified taxpayer for a perioel of 270 days of employment during the
60-month per7cx[ !~egirning with the day the qualified disadvantaged individual
commences sc.asenal ~'rnploylnent with the quc~.lified taxpayer, the tax imposed by this
part. for the taxahlr ~ car that includes the 60tr~ month following the month in which
the qualified cli~aci~;1.-Itaged individual romnle aces seasonal employment with the
qualified taxp~i~~cl. l-:clll he increased by ti I1 an~or_lnt equal to the credit allowed under
subdivisi;~n (a ~ l~~~l~ th;[t taxable year and all pricer taxable years attributable to qualified
wages paid or inc~urrc•cl with respect to that du<<lilied disadvantaged individual.
(2) (A) ~uh~v-~+~~raph (~~) of paragl-<~ph (I) shall not apply to any of the following:
(i) ,~ tc-"177111;.[ti~~ll c,f crnployment of an cnlployee who voluntarily leaves the
~~mployrr~e.nt r-f tlir t~,~p~Iyer-
(ii ~ ~~ tc~rrr-ir-,ctic~n ~~f etr~ployment cif an ~ nrlividual who, before the close of the
peric,cl rcttlrc~l i~ 1 ire !~;,rugr~cl~lt (1}, becc~,lies ci;s:~hled to perfoml the services of that
enlplc~ylr~ent. [[ul~s.; tl[at disal7ility is rcrnc~ved before the close of that period and the
taxpayer frlils tc~ c,l7~ct~ rcenlp[c~ynlent tc> that in .lividual.
(iii) ~1 tr[ll,natiun of employment c-f an individual, if it is determined that the
termination W~l`; elu~ -c? the nliscondttct (ati def?rled in Secric~ns 1256-~i0 to 1256-4~~.
inclusive. cif "I~itlc• ?:' cit the ('alifornia (.'cede c>1 kegulationsl of that it"IdIVldual.
~l.JV.La; U1i
~ulu~ ul~
I i /26l0? 02:3=~ P11
1()915 Rl~T 07 307 ~ 3 PAGE 1 fi
Substantive
(i~ t ,'~ t~~ r» ~1~;ri i, ~n ol~ ~ mployment cif an ~ nclividual due to a substantial reduction
in the il-adc~ ~-~,~ l~u~,ir~~~~~ ~rperatie~ns of the taxpayer.
(~~ ~ A t~~rii~,~r;rt~~;n of ~'111pI0yi71E',ilt S~f all IllillvidUal, if that. intiividuat is replaced
by other dual ~ (i~,.< <•rr;i~ luyec:s so as to create a tiet increase in both the number of
ernploye~s an~.i ih~~ h~~urti of ~nlploymellt.
(E3) Suhl~;lr.,rr:llsh (B 1 of paragraph (1),hull not apply to any of the following:
(i j A f~~ilur~~ t~~ continue the seasonal er.~~hloyment of a qualified disadvantaged
individu~ll whr~ v,~lunt,lrily Fails to return to th~: seasonal employment of the qualified
taxpayer
(ii - A f.lilurc: lc, ,continue the seasonal er~lployment of a qualified disadvantaged
individual wl~e~. l~ctc>rc the close of the pei-iod referred to in subparagraph (B) of
paragraph (1), he~_ omes disabled and unable tc_~ perform the services of that seasonal
employment. unlr~ss that disability is removed before the close of that period and the
qualified taxp~lti~r`~r tarlti to offer seasonal empl~~ytnent to that qualified disadvantaged
individual.
(iii) A failure to continue the seasonal eirlployment of a qualified disadvantaged
indiv~idu~ll, if t is ~:ict~rrnlined that the failure trj continue the seasonal employment was
due tc.~ th:.~ mis:: c~rduct (as d~tined in Sections 1256-30 to 1256-43, inclusive, of Title
~2 ol~the Calil~~-l-r~i~r (~'~.xfe of Regulatic:>ns) oftl~at individual.
(iv) ~1 (~lilure t~:~ continue seasonal empl >ynlent of a qualified disadvantaged
individurl du~~ to :l substantial reduction in the regular seasonal trade oi- business
r>per,~tiorls of th(~ ~{il.rlili~~d taxpayer.-
(v;; !1 tailrlr~ t~, ~:ontinue the seasi~nal ei;iployment of a qualified disadvantaged
individu~il, if :hat irldi~~idual is replaced by other qualified disadvantaged individuals
so as to create ~t tier i,~t~:rease in both the npmh?r of seasonal employees and the hours
of seasonal crnl~l~~~yrl~t~nt.
((`1 I~'or hllrp~~tic~~, t~f paragraph { l ), th.e employment relationship between the
taxpayer and ,1r1 e~nl~lc-ye.e shall not be treat:eci ;~.s terminated by either of the following:
(i) n tr~pl~;rctic~r~ tip which Section 38l(~i) of the fraternal Revenue Code applies,
if th~~ empluy~*~~ c,-ntinucs tc- he employed by the acquiring corporation.
(ii; A mcr~~ {:~ha,~,;e in the form of c:ollduct i11~ the trade or business of the taxpayer,
if the. cml~l~~y~~c~ c~~irtir~ucs to bo employccl it1 Utat trade or business and the taxpayer
retains a subsrantia! interest in that trade or business.
(3 j .4ny irlcrc~,l.~c in tax cinder paragraph (1) shall nut be treated as tax imposed
by this port for l~url~o~cs of determining the amount of any credit allowable under this
part.
fifi~f~l-13Cfirtrf-~f~.'tTYl71~~'~`C~,,''~-R~ ~ '.~.', ,
t f~) In th~~ c;i~;~~ ,~) x.111 of"g~iillZatlOil to whi~:h Section 593 of the Internal Revenue
Code apl~lics, ~,nci ~~ r._:;plated investmcrlt conll~any or a real estate investment mist
subject tc, t;lx~,ti,~i, -rr-~~i~r this part, rules sirnil<<r to the rules provided in Section ~6(e)
and Section 4~~~h) ~~f ;I~,c' Intc.~null Revenue C`o(:~ ;hall apply.
(ti) "I'11c cr:,Iit ~.l~all be reduced by the c;r~dit allowed under Section 23621. The
credit shall ;lls~~ h,_ rc~~_iced by the federal credit allowed under :Section 51 of the Internal
~ v~ r~ v i r
1 1/26/07 02:34 PVI
10915 RN ~ 7 30753 PAGE 17
Substantive
Ln 21dClltlorl. ~l(l~' deduction otherwise allc~~~~ed under this part for the wages or
salaries paid c+r in~~urr~d by the taxpayer upon ~ljlltch the credit is based shall be reduced
b}~ the arnc~unt c,1. thr ~•z~eclit. prior to anY reductie>n required by subdivision (h) or (i).
(h ~ In th~• ~~~ise ~~ here the credit c~therwi~~ ~lllowe.d under this section exceeds the
"tax" Cur tli~ tuxubi~ y gar. that portion of the e. r`edit that exceeds the "tax" may be
carried ever rind <<dd~~ci to thr', credit, if any, in succeeding years, unti.t the credit is
exhausted. T'li~ ~•rcdi r shall he applied first to t hc~ earliest taxable years possible.
(i) (l) '''h~ ..jnl~ ~lu~t of credit otherwise ~~llowed under this section and Section
?3645. (IIC:ItIC1111L' ~!1}~ prior year Carryo~~crs, tl,:lt may reduce the "tax" for the taxable
year sh~lll riot t•x~.r•~~c:i the amcnlnt of tttx that. ~~ could be imposed on the taxpayer's
business incorlle ;,tiril~uted to a LAMI3RA de~~,~nn.ined as if that attributed income
represen(c;d ail cat t(lc iricorzlc; of the taxpayer ~uhject to tax under this part.
(?; .~ttrit~t(tahl~~ incc~mc shall be th~(t pc~rticm of the taxpayer's California source
business incoinc ih~t i<, apportioned to the LA.`~ZBRA. For that purpose, the taxpayer's
business income ~ hat i~; attrihutabie to soux-ces in this state first shall be dete><-tnined in
accordance with (.'h~lpter 17 (commencing wit~~ Section ?5101).'I,hat business income
shall ht f~.~rther ~il7~~uri l~~ned tc~ the LAIVII3RA in ; c~cordance with Article 2 (c;ommencirlg
with Section <'.51 ~`t)) ~~l ('hapt~r 17, mudi(aed f• ~r purposes of this section in accordance
with par~igraph (~ i.
(3) Incc:~lrl~~ ~11~r:'1 he appot~tioned to a LAI\rTBR.A by multiplying the total California
business incc:rrle of the taxpayer by a fraction. the numerator of which is the property
factor pll(s thE' payroll factor, and the denomirl~rtor of which is two. For purposes of
this paras;rapl~:
(f~) ~hhr prc~pezt.~r Cact~:~r is a fraction, the ~:lumerator of which is the average value
of tho taxpayt~r'S ~ ~~al rind tangible personal pr~~perty owned or rented and used in the
I_A~113KA dtirii~~~ th~~ taxable year, and the dcliominator of which is the average value
of all the taxpati~er's real and tangible personal property owned or rented and used in
this state clltring tllf' t~ cable year,
(13 t T~hc~ L~a~~~r~~ll l~ICtor is a fraction, the ~lulnerator of which is the total amount
paid by trig t~l~Irl~,~c~r ir? the I .%~MBRA during the' tax~~tble year for compensation, and
the denonlinaciu~ c~l~ «hick is the total compensation paid by the taxpayer in this state
during the tax~(hl~ ~~~c~~r.
(4; The 1:;c;.i.~~r: cif any credit remaining, if any, after application of this
subdivisi~~n, steal! be ::<irried over to succcedit taxable years, as if it were an amount
excecdin,~ the "tax" fc~~ the Mixable year, as pr~.-vi,ded in subdivision (h).
(j) If the t.(xpa~~cr is allowed a credit pur~;u~.tnt to this section for qualified wages
paid or incurr~~c]. ~~r(l~~ ~~ne credit shall be allo~~ ~°d to the taxpayer under this part with
respe.et tc- any «-;i~~c c~ insisting in whole or in l~al-t of those qualified wages.