California 2017-2018 Regular Session Status: Passed Assembly

AB 1171 — Personal income taxes: return filing extension.

Last action — In committee: Set, first hearing. Hearing canceled at the request of author.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes the Franchise Tax Board to grant a reasonable extension of time for filing any return, declaration, statement or other document required by the Personal Income Tax Law in the manner and form determined by the Franchise Tax Board. Except as specified, existing law prohibits an extension for more than 6 months. If any taxpayer fails to make and file a return required by the Personal Income Tax Law on or before the due date of the return or the due date as extended by the Franchise Tax Board, then, unless it is shown that the failure is due to reasonable cause and not due to willful neglect, a specified penalty is required to be added. Existing law also requires a specified penalty to be imposed against any partnership required to file a return that fails to file at the prescribed time as determined with regard to any extension of time for filing, as provided. This bill, for taxable years beginning on or after January 1, 2017, would authorize an extension for no more than 7 months for partnerships. The bill would also declare the intent of the Legislature that, for the 2016 taxable year only, the Franchise Tax Board is required to presume reasonable cause and not willful neglect in the case of any partnership filing an income tax return if that partnership meets specified requirements. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. In committee: Set, first hearing. Hearing canceled at the request of author.

  2. Referred to Com. on GOV. & F.

  3. In Senate. Read first time. To Com. on RLS. for assignment.

  4. Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1721.).

  5. Read second time. Ordered to Consent Calendar.

  6. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 17).

  7. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (May 8). Re-referred to Com. on APPR.

  8. Re-referred to Com. on REV. & TAX.

  9. From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.

  10. Referred to Com. on REV. & TAX.

  11. From printer. May be heard in committee March 21.

  12. Read first time. To print.

Sponsors

  • Hertzberg · Cosponsor
  • Obernolte · Primary
  • Ridley-Thomas · Cosponsor

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Obernolte

Co-sponsors (2)

  • Hertzberg
  • Ridley-Thomas

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 53004
Democratic 16000
Republican 7000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Holden — Yea
Maienschein — Yea
Medina — Yea
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Not Voting
Voepel — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Frazier — Yea
Salas — Yea
Gomez — Yea
Gray — Yea
Bocanegra — Yea
Jones-Sawyer — Yea
Kiley — Yea
Rubio — Yea
Levine — Yea
Low — Yea
Mathis — Yea
Mayes — Yea
McCarty — Yea
Baker — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Cunningham — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Wood — Yea
O'Donnell — Yea
Chau — Not Voting
Chiu — Yea
Waldron — Not Voting
Eggman — Not Voting
Dababneh — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 5000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bloom — Yea
Brough — Yea
Obernolte — Yea
Gonzalez Fletcher — Yea
Gray — Yea
Levine — Yea
Quirk — Yea
Thurmond — Yea
Bigelow — Yea
Eggman — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1171 do?
Existing law authorizes the Franchise Tax Board to grant a reasonable extension of time for filing any return, declaration, statement or other document required by the Personal Income Tax Law in the manner and form determined by the Franchise Tax Board. Except as specified, existing law prohibits an extension for more than 6 months. If any taxpayer fails to make and file a return required by the Personal Income Tax Law on or before the due date of the return or the due date as extended by the Franchise Tax Board, then, unless it is shown that the failure is due to reasonable cause and not due to willful neglect, a specified penalty is required to be added. Existing law also requires a specified penalty to be imposed against any partnership required to file a return that fails to file at the prescribed time as determined with regard to any extension of time for filing, as provided. This bill, for taxable years beginning on or after January 1, 2017, would authorize an extension for no more than 7 months for partnerships. The bill would also declare the intent of the Legislature that, for the 2016 taxable year only, the Franchise Tax Board is required to presume reasonable cause and not willful neglect in the case of any partnership filing an income tax return if that partnership meets specified requirements. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 1171?
AB 1171 is sponsored by Hertzberg, Obernolte, and Ridley-Thomas.
What is the current status of AB 1171?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1171?
Track AB 1171 free on One Click Politics — get push/email alerts when it moves.

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