BILL ANALYSIS                                                                                                                                                                                                    Ó




                     SENATE GOVERNANCE & FINANCE COMMITTEE
                            Senator Lois Wolk, Chair
          

          BILL NO:  AB 1786                     HEARING:  8/16/12
          AUTHOR:  Mansoor                      FISCAL:  Yes
          VERSION:  8/13/12                     TAX LEVY:  Yes
          CONSULTANT:  Grinnell                 

                     INCOME EXCLUSION FOR OLYMPIC ATHLETES
          

          Excludes from income the value of any prize or award won in 
                               the Olympic Games.


                           Background and Existing Law 

          Generally, federal and state tax law provide that "income" 
          includes all income from any source, such as wages, 
          dividends, or capital gains, unless specifically excluded, 
          such as employer's health insurance contributions, and 
          insurance payments.   California typically conforms to 
          federal law for exclusions to gross income for ease of 
          administration: in 2010, the state conformed to federal law 
          to exclude the American Recovery and Reinvestment Tax Act 
          of 2009 grants for renewable energy from gross income, and 
          specified discharges of qualified principal residence 
          indebtedness (SB 401, Wolk, 2010).  Income includes all 
          gifts and prizes unless specifically excluded, such as 
          employee achievement awards, and any gift or prize donated 
          to charity.  California also expressly excludes from income 
          some items that are includible as income in federal tax, 
          such as lottery winnings, unemployment insurance, and a 
          portion of social security benefits.   Last year, the 
          Legislature excluded disaster relief payments made to 
          victims of the San Bruno gas pipeline explosion (AB 50, 
          Hill, 2011).  


                                   Proposed Law  

          Assembly Bill 1786 excludes from income the value of any 
          prize or award won by the taxpayer in athletic competition 
          in the Olympic Games.  The measure applies to prizes and 
          awards received on or after January 1, 2012.






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                               State Revenue Impact
           
          According to the Franchise Tax Board (FTB), AB 1786 results 
          in revenue losses of $9.6 million in 2012-13, $6.3 million 
          in 2013-14, and $6.4 million in 2014-15.



                                     Comments  

          1.   Purpose of the bill  .  According to the author, "The 
          Bipartisan Olympic Coalition, which includes Senators Lou 
          Correa (D-Santa Ana) and Ron Calderon (D-Montebello) and 
          Assemblymembers Curt Hagman (R-Chino Hills), Alan Mansoor 
          (R-Costa Mesa), and Chris Norby (R-Fullerton), has 
          introduced AB 1786 to recognize the substantial 
          achievements of those Californians who have earned the 
          title "Olympic Champion." It does so by exempting the value 
          of the medals and the honoraria that comes with them from 
          state taxation: $25,000 for gold; $15,000 for silver; and 
          $10,000 for bronze.  The United States is one of only three 
          nations who do not commit taxpayer funding to Olympic 
          training.  The Coalition joins President Obama in his 
          support of our Olympic champion volunteers and seeks to do 
          its part to honor the accomplishments of those Olympians 
          who reside in California.  Californians represent almost 
          one-quarter of the all American Olympians, almost two times 
          the state's share of the national population.  The results 
          of the 2012 London games also indicate that California has 
          a disproportionate share of the nation's gold medalists.  
          Given the personal sacrifice this state's sons and 
          daughters have made to represent our country, this bill 
          will help to fortify California's enduring legacy of 
          personal and collective achievement on the Olympic stage."  
           

          2.   Fit or fat  ?  While tax experts often disagree, they do 
          universally state that tax bases should be broad, and tax 
          rates should be low.  Broad bases ensure that taxpayers 
          don't have the incentive to classify income as tax-exempt 
          or subject to lower tax rates, such as the controversy 
          regarding the taxation of hedge fund manager compensation 
          as interest instead of income.  All else equal, broader 
          bases allow for lower rates, which generally lessen the 
          discouragement caused by taxes to earn income, own 
          property, or purchase taxable goods.  Policymakers must 





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          either raise tax rates that apply to others or cut public 
          services to account for lower revenue that result from 
          reduced tax bases.  While AB 1786 seeks to reward 
          California taxpayers who bring glory to themselves and the 
          United States by winning medals in the Olympic Games, the 
          measure is the exact opposite of sound tax policy.  The 
          Committee may wish to consider whether running afoul of 
          good tax policy is worth the bill's kind gesture.

          3.   What about me  ?  The Olympic Games are one of the 
          world's most enduring and popular traditions, and seek to 
          bring together representatives from all countries across 
          the globe in athletic competition.  However, global 
          associations of all form and fashion hold competitions 
          every year to recognize the best among them, and award 
          fully taxable prizes:  Nobel Prizes are awarded to 
          individuals in recognition of scientific and cultural 
          contributions to the world, the American Academy of Motion 
          Pictures Arts and Sciences recognizes excellence in 
          filmmaking by bestowing Academy Awards, and the Annual Air 
          Guitar World Championships determine the world's best at 
          playing air guitar (with the motto ""wars would end and all 
          the bad things would go away if everyone just played air 
          guitar.") These awards are won by dedicated, talented 
          individuals who work hard to become the best; however, AB 
          1786 excludes only prizes won by Olympic Athletes from tax. 
           Why should one set of successful competitors be excluded 
          from tax when others have to pay?  The Committee may wish 
          to consider what policy rationale to apply when 
          distinguishing tax-free winnings from taxable ones.

          4.   Reverse Nonconformity  .  California law does not 
          automatically conform to changes to federal tax law, except 
          under specified circumstances.  Instead, the Legislature 
          must affirmatively conform to federal changes.  Generally, 
          when the federal government changes its tax laws, 
          California catches up by enacting its own legislation the 
          following year to reduce differences between the two codes, 
          thereby easing the tax preparation burden on taxpayers, tax 
          preparers, and the Franchise Tax Board.  While legislation 
          is pending in Congress to provide a similar benefit, AB 
          1789 seeks to exclude prizes and awards won in the Olympic 
          Games from income before Congress has acted, upsetting the 
          usual timing for conformity items, and potentially 
          confusing affected taxpayers by requiring them to include 
          their prizes and awards for federal purposes but excluding 





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          them for state tax purposes.  The Committee may wish to 
          consider deferring action on AB 1789 until and unless 
          Congress acts, after which it can conform to the federal 
          change before return filing deadlines next year.

          5.   Going for gold  .  AB 1786 states that income shall not 
          include "the value of any prize or award won by the 
          taxpayer in the athletic competition in the Olympic Games." 
          As such, the measure does not expressly preclude payments 
          made by advertisers to athletes in connection their success 
          in the Olympic Games that aren't medals.  For example, 
          International Hot Dog Corporation could include as part of 
          an advertising campaign its commitment to give each gold 
          medal winner 100 packages of hot dogs to show its 
          commitment to the success of American Olympic athletes.  
          Normally, once received, the hot dogs would be taxable 
          income to the athlete.  Advertisers could structure 
          endorsement contracts in different ways due the income tax 
          exclusion for the athlete.  Bills in Congress differ based 
          on this issue:  some limit the exclusion solely to prizes 
          and awards from the United States Olympic Committee (USOC), 
          while others are identical to AB 1786 and appear to allow 
          the exclusion for any kind of compensation made from any 
          party to successful athletes.  Should the measure be 
          narrowed, FTB estimated the measure will result in a much 
          lower revenue loss.  The Committee may wish to consider 
          amending AB 1786 to limit the exclusion solely to income 
          from awards and prizes from the USOC. 


                                Assembly Actions  

          Not relevant to this version of the bill.




                         Support and Opposition  (8/13/12)

           Support  :  None received.

           Opposition  :  None received.