Section 23686 Of Chapter 3.5. Tax Credits From California Revenue And Taxation Code >> Division 2. >> Part 11. >> Chapter 3.5.
23686
. (a) (1) For taxable years beginning on or after January 1,
2014, and before January 1, 2017, there shall be allowed as a credit
against the "tax," as defined in Section 23036, an amount equal to
the following:
(A) For taxable years beginning on and after January 1, 2014, and
before January 1, 2015, 60 percent of the amount contributed by the
taxpayer for the 2014 taxable year to the College Access Tax Credit
Fund, as allocated and certified by the California Educational
Facilities Authority.
(B) For taxable years beginning on and after January 1, 2015, and
before January 1, 2016, 55 percent of the amount contributed by the
taxpayer for the 2015 taxable year to the College Access Tax Credit
Fund, as allocated and certified by the California Educational
Facilities Authority.
(C) For taxable years beginning on and after January 1, 2016, and
before January 1, 2017, 50 percent of the amount contributed by the
taxpayer for the 2016 taxable year to the College Access Tax Credit
Fund, as allocated and certified by the California Educational
Facilities Authority.
(2) Contributions shall be made only in cash.
(b) (1) The aggregate amount of credit that may be allocated and
certified pursuant to this section and Section 17053.86 shall be an
amount equal to the sum of all of the following:
(A) Five hundred million dollars ($500,000,000) for the 2014
calendar year and each calendar year thereafter.
(B) The amount of previously unallocated and uncertified credits.
(2) (A) For purposes of this section, the California Educational
Facilities Authority shall do all of the following:
(i) On or after January 1, 2014, and before January 1, 2017,
allocate and certify tax credits to taxpayers under this section.
(ii) Establish a procedure for taxpayers to contribute to the
College Access Tax Credit Fund and to obtain from the California
Educational Facilities Authority a certification for the credit
allowed by this section. The procedure shall require the California
Educational Facilities Authority to certify the contribution amount
eligible for credit within 45 days following receipt of the
contribution.
(iii) Provide to the Franchise Tax Board a copy of each credit
certificate issued for the calendar year by March 1 of the calendar
year immediately following the year in which those certificates are
issued.
(B) (i) The California Educational Facilities Authority shall
adopt any regulations necessary to implement this paragraph.
(ii) The Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code) does not apply to any regulation adopted by the
California Educational Facilities Authority pursuant to clause (i).
(c) (1) In the case where the credit allowed by this section
exceeds the "tax," the excess may be carried over to reduce the "tax"
in the following year, and succeeding five years if necessary, until
the credit is exhausted.
(2) A deduction shall not be allowed under this part for amounts
taken into account under this section in calculating the credit
allowed by this section.
(d) This section shall be repealed on December 1, 2017.