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CC - Item 7A - Possible Opposition to Assembly Bill 1771 (Ward) - The California Housing Speculation ActROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, ACTING CITY MANAGER DATE: APRIL 12, 2022 SUBJECT: POSSIBLE OPPOSITION TO ASSEMBLY BILL 1771 (WARD) — THE CALIFORNIA HOUSING SPECULATION ACT SUMMARY Mayor Pro Tem Sean Dang requested the City Council discuss and provide direction regarding Assembly Bill (AB) 1771, authored by Assembly Member Christopher M. Ward. DISCUSSION Assembly Member Ward introduced Assembly Bill (AB) 1771 to the California Legislature on February 2, 2022. As proposed, the California Housing Speculation Act would create a 25% tax on the capital gain produced by selling a residential property within three years of buying it. The tax rate would then decline by 5 percentage points each year until reaching zero after seven years, as follows: • <3 years: 25% • 3-4 years: 20% • 4-5 years: 15% • 5-6 years: 10% • 6-7 years: 5% • >7 years: None The proposed bill makes several exemptions for traditional homeowners, including first-time homebuyers, military service members who are ordered to move every few years, affordable housing properties, and newer properties with inclusionary housing built in. It also includes properties where homeowners subdivide a lot and choose to stay on site. AB 1771 would create the Speculation Recapture Community Reinvestment Fund and would deposit the revenues received as a result of this increase in tax in the fund. The bill would require the Franchise Tax Board, upon appropriation by the Legislature, to allocate moneys in the fund, AGENDA ITEM 7.A City Council Meeting April 12, 2022 Page 2 of 2 as described. The Legislature will only use 30% of the allocated amounts to create affordable housing. A hearing date for AB 1771 has been set for April 25, 2022, in the Assembly Revenue and Taxation Committee. Staff will continue to monitor this bill as it goes through the legislative process and update the City Council as the Legislature makes amendments to the bill and once a policy analysis is created. STAFF RECOMMENDATION It is recommended that the City Council discuss and provide further direction to staff, including submitting an objection letter to the Legislature on the said bill. FISCAL IMPACT There is currently no fiscal impact to report on this bill. STRATEGIC PLAN IMPACT None. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: )" D Daisy Gu nior Management Analyst Attachment A: Assembly Bill .1771 Text Attachment A Assembly Bill 1771 Text AMENDED IN ASSEMBLY MARCH 22, 2022 AMENDED IN ASSEMBLY MARCH 7, 2022 CALIFORNIA LEGISLATURE -2021-22 REGULAR SESSION ASSEMBLY BILL No. 1771 Introduced by Assembly Member Ward (Coauthor: Assembly Member Mullin) February 2, 2022 An act to amend Sections 19602 and 19604 of, to add Article 1 (commencing with Section 18200) to Chapter 14 of Part 10 of Division 2 of, to add Article 1.5 (commencing with Section 19609) to Chapter 8 of Part 10.2 of Division 2 of, and to add Article 6 (commencing with Section 25000) to Chapter 15 of Part 11 of Division 2 of, the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. LEGISLATIVE COUNSEL'S DIGEST AB 1771, as amended, Ward. The California Housing Speculation Act: income taxes: capital gains: sale or exchange of qualified asset: housing. The Personal Income Tax Law and Corporation Tax Law impose taxes upon income, including income generated from any gain from the sale or exchange of a capital asset. This bill would, for taxable years beginning on or after January 1, 2023, impose an additional 25% tax on that portion of a qualified taxpayer's net capital gain from the sale or exchange of a qualified asset, as defined. The bill would reduce those taxes depending on how many years has passed since the qualified taxpayer's initial purchase of the qualified asset. The bill would create the Speculation Recapture 97 AB 1771 —2— Community Reinvestment Fund and would deposit the revenues received as a result of this increase in tax in the fund. The bill would require the Franchise Tax Board, upon appropriation by the Legislature, to allocate moneys in the fund, as described. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 ofArticle XIIIA of the California Constitution, and thus would require for passage the approval of Z/ of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as The California Housing Speculation Act. SEC. 2. The Legislature finds and declares all of the following: (a) According to the California Association of Realtors' quarterly index, California's median price for a single-family home increased 17 percent to $814,580 in the third quarter of 2021 while near -record lows of 42 percent of Californians could meet home -buying qualification standards. Further, prices of condominiums and townhomes are at an all-time high, reaching an average of $620,000 in November 2021 or 19.2 percent over 12 months. (b) During the same period, market analysis estimates that investor -buyers represented approximately 51 percent growth of sales year over year from 2020 to 2021 of sales in southern California alone, compared to a national average of 18 percent. (c) The share of total sales of investor -buyers has increased significantly in recent years in the state and across the nation. Investor -buyer interest is not limited to recent years. Increased interest was present in 2006 to 2008, ahead of the market collapse, which decimated home equity and public revenue, and during other periods in market cycles over recent decades. (d) Individual homebuyers find it increasingly difficult to obtain a home because cash -rich investor -buyers have added additional demand for housing, even as supply has remained the same, causing home prices to skyrocket. Additionally, direct competition from investor -buyers, often presenting cash -only offers or higher offers, 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -3— AB 1771 is further shutting out opportunity for middle- and lower-income Californians to buy a home. (e) The Legislature has enacted housing policies to increase the supply of housing and extend affordability. The Legislature has further prioritized subsidies to produce more affordable housing. Increasing the supply of housing is certainly extremely important, but may fall short of the total scale of solutions needed to address both the decades -long deficit in housing supply needed, and the continuing increases in housing prices. (f) Short-term speculative transactions, allowed unchecked, contribute significantly to higher housing costs for all and has negative social and economic consequences. A reasonable control mechanism should be enacted to discourage real estate as a short-term equity gain mechanism by capturing excessive property value increases, thereby increasing the risk to investors and redirecting their interest from investing in real estate to investments in other assets. Funds generated through this equity recapture should be directed to local governments, schools, and affordable housing purposes for general benefit to offset the negative consequences of short-term speculation. SEC. 3. Article 1 (commencing with Section 18200) is added to Chapter 14 of Part 10 of Division 2 of the Revenue and Taxation Code, to read: Article 1. Capital Gains Tax for Housing 18200. (a) (1) For each taxable year beginning on or after January 1, 2023, in addition to any other tax imposed by this part, an additional tax shall be imposed at the rate of 25 percent, and as modified pursuant to paragraph (2), on that portion of a qualified taxpayer's net capital gain generated as a result of the sale or exchange of a qualified asset. (2) The 25 -percent tax described in paragraph (1) shall be reduced as follows: (A) The tax shall be reduced by 20 percent if the sale or exchange of the qualified asset occurred 3.01 to 4 years, inclusive, after the qualified taxpayer's initial purchase of the qualified asset. (B) The tax shall be reduced by 40 percent if the sale or exchange of the qualified asset occurred 4.01 to 5 years, inclusive, after the qualified taxpayer's initial purchase of the qualified asset. 97 AB 1771 —4- 1 (C) The tax shall be reduced by 60 percent if the sale or 2 exchange of the qualified asset occurred 5.01 to 6 years, inclusive, 3 after the qualified taxpayer's initial purchase of the qualified asset. 4 (D) The tax shall be reduced by 80 percent if the sale or 5 exchange of the qualified asset occurred 6.01 to 7 years, inclusive, 6 after the qualified taxpayer's initial purchase of the qualified asset. 7 (E) The tax shall be reduced by 100 percent if the sale or 8 exchange of the qualified asset occurred more than seven years 9 after the qualified taxpayer's initial purchase of the qualified asset. 10 (3) For purposes of applying Part 10.2 (commencing with 11 Section 18401), the tax imposed under this section shall be treated 12 as if imposed under Section 17041. 13 (b) For purposes of this section: 14 (1) "Qualified asset" means any real property other than any of 15 the following: 16 (A) (i) Real property that meets all of the following 17 requirements: 18 (I) The real property is composed of multiple units. 19 (II) The real property is restricted, by deed, to require that at 20 least 15 percent of residential units on the property are affordable 21 housing. 22 (III) The deed restriction described in subclause (II) was 23 recorded against the property within three years of the sale or 24 exchange of the property. 25 (ii) The exemption for the real property described in clause (i) 26 only applies to the first sale or exchange of that property by any 27 person. 28 (B) Real property that is part of subdivided or lot split property 29 for which the qualified taxpayer is also the recorded owner, if the 30 other portions of the subdivided or lot split property have not been 31 sold. 32 (C) Any real property that is designated or dedicated open space. 33 (D) Any real property that is not suitable for residential use or 34 not permitted for residential or mixed -development with residential 35 use under local or state law. 36 (E) Any real property for which any property transfer taxes do 37 not apply. 38 (F) Real property that is restricted, by deed, to require that the 39 property remain affordable. 97 -5— AB 1771 1 (G) Any residential real property that meets both of the 2 following requirements: 3 (i) The property is the first residential real property that the 4 qualified taxpayer has owned. 5 (ii) The qualified taxpayer has used the property as their primary 6 residence since their initial purchase of the property. 7 (H) Any residential real property occupied by the quaked 8 taxpayer as their principal place of residence and that is eligible 9 for a homeowners property tax exemption pursuant to subdivision 10 (k) of Section 3 of Article XIII of the California Constitution and 11 Section 218. 12 (2) "Qualified taxpayer" shall not include either of the following: 13 (A) Any active duty military personnel. 14 (B) A decedent. 15 (c) All moneys and remittances received by the Franchise Tax 16 Board as amounts imposed under this section, and related penalties, 17 additions to tax, and interest imposed under this part, shall be 18 deposited, after clearance of remittances, in the Speculation 19 Recapture Community Reinvestment Fund. 20 SEC. 4. Section 19602 of the Revenue and Taxation Code is 21 amended to read: 22 19602. Except for amounts collected or accrued under Sections 23 17935, 17941, 17948, 19532, and 19561, and revenues deposited 24 pursuant to Sections 18200 and 19602.5, all moneys and 25 remittances received by the Franchise Tax Board as amounts 26 imposed under Part 10 (commencing with Section 17001), and 27 related penalties, additions to tax, and interest imposed under this 28 part, shall be deposited, after clearance of remittances, in the State 29 Treasury and credited to the Personal Income Tax Fund. 30 SEC. 5. Section 19604 of the Revenue and Taxation Code is 31 amended to read: 32 19604. (a) Except for fees received for services under Section 33 23305e, and revenues deposited pursuant to Section 25000, all 34 moneys and remittances received by the Franchise Tax Board as 35 amounts imposed under Part 11 (commencing with Section 23001), 36 and related penalties, additions to tax, fees, and interest imposed 37 under this part, shall be deposited in a special fund in the State 38 Treasury, to be designated the Corporation Tax Fund. The moneys 39 in the fund shall, upon the order of the Controller, be drawn 40 therefrom for the purpose of making refunds under this part or be 97 AB 1771 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —6— transferred into the General Fund. All undelivered refund warrants shall be redeposited into the Corporation Tax Fund upon receipt by the Controller. Fees received for services under Section 23305e shall be treated as reimbursement of the Franchise Tax Board's costs and shall be deposited into the General Fund. (b) Notwithstanding Section 13340 of the Government Code, all moneys in the Corporation Tax Fund are hereby continuously appropriated, without regard to fiscal year, to the Franchise Tax Board for purposes of making all payments as provided in this section. SEC. 6. Article 1.5 (commencing with Section 19609) is added to Chapter 8 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: Article 1.5. Speculation Recapture Community Reinvestment Fund 19609. (a) There is hereby created in the State Treasury the Speculation Recapture Community Reinvestment Fund for the purpose of allocating moneys deposited pursuant to Article 1 (commencing with Section 18200) of Chapter 14 of Part 10 and Article 6 (commencing with Section 25000) of Chapter 15 of Part 11. (b) Upon appropriation by the Legislature, the Franchise Tax Board shall allocate moneys in the fund as follows: (1) At least 30 percent shall be allocated to counties to be used to create affordable housing in the county. (2) Twenty percent shall be allocated to school districts to be used for general purposes. (3) Forty percent shall be allocated to cities, or counties if the qualified asset is located in an unincorporated area, to be used for general infrastructure, transit or active transportation projects, or community facilities. (4) Up to 10 percent shall be allocated to the Franchise Tax Board to administer this article. Any remaining moneys under this paragraph shall be allocated to counties, as specified in paragraph (1). (c) Allocations to counties, cities, and school districts under subdivision (b) shall be made in proportion to the percentage of moneys in the fund that are associated with the sale of the qualified 97 -7— AB 1771 1 asset within the jurisdiction of the county, city, or school district, 2 as applicable. 3 SEC. 7. Article 6 (commencing with Section 25000) is added 4 to Chapter 15 of Part 11 of Division 2 of the Revenue and Taxation 5 Code, to read: 6 7 Article 6. Capital Gains Tax for Housing 8 9 25000. (a) (1) For each taxable year beginning on or after 10 January 1, 2023, in addition to any other tax imposed by this part, 11 an additional tax shall be imposed at the rate of 25 percent, and as 12 modified pursuant to paragraph (2), on that portion of a qualified 13 taxpayer's net capital gain generated as a result of the sale or 14 exchange of a qualified asset. 15 (2) The 25 -percent tax described in paragraph (1) shall be 16 reduced as follows: 17 (A) The tax shall be reduced by 20 percent if the sale or 18 exchange of the qualified asset occurred 3.01 to 4 years, inclusive, 19 after the qualified taxpayer's initial purchase of the qualified asset. 20 (B) The tax shall be reduced by 40 percent if the sale or 21 exchange of the qualified asset occurred 4.01 to 5 years, inclusive, 22 after the qualified taxpayer's initial purchase of the qualified asset. 23 (C) The tax shall be reduced by 60 percent if the sale or 24 exchange of the qualified asset occurred 5.01 to 6 years, inclusive, 25 after the qualified taxpayer's initial purchase of the qualified asset. 26 (D) The tax shall be reduced by 80 percent if the sale or 27 exchange of the qualified asset occurred 6.01 to 7 years, inclusive, 28 after the qualified taxpayer's initial purchase of the qualified asset. 29 (E) The tax shall be reduced by 100 percent if the sale or 30 exchange of the qualified asset occurred more than seven years 31 after the qualified taxpayer's initial purchase of the qualified asset. 32 (3) For purposes of applying Part 10.2 (commencing with 33 Section 18401), the tax imposed under this section shall be treated 34 as if imposed under Section 23 15 1. 35 (b) For purposes of this section: 36 (1) "Qualified asset" means any real property other than any of 37 the following: 38 (A) (i) Real property that meets all of the following 39 requirements: 40 (I) The real property is composed of multiple units. 97 AB 1771 —8- 1 (II) The real property is restricted, by deed, to require that at 2 least 15 percent of residential units on the property are affordable 3 housing. 4 (III) The deed restriction described in subclause (II) was 5 recorded against the property within three years of the sale or 6 exchange of the property. 7 (ii) The exemption for the real property described in clause (i) 8 only applies to the first sale or exchange of that property by any 9 person. 10 (B) Real property that is part of subdivided or lot split property 11 for which the qualified taxpayer is also the recorded owner, if the 12 other portions of the subdivided or lot split property have not been 13 sold. 14 (C) Any real property that is designated or dedicated open space. 15 (D) Any real property that is not suitable for residential use or 16 not permitted for residential or mixed -development with residential 17 use under local or state law. 18 (E) Any real property for which any property transfer taxes do 19 not apply. 20 (F) Real property that is restricted, by deed, to require that the 21 property remain affordable. 22 (2) "Qualified taxpayer" shall not include active duty military 23 personnel. 24 (c) All moneys and remittances received by the Franchise Tax 25 Board as amounts imposed under this section, and related penalties, 26 additions to tax, and interest imposed under this part, shall be 27 deposited, after clearance of remittances, in the Speculation 28 Recapture Community Reinvestment Fund. 29 SEC. 8. This act provides for a tax levy within the meaning of 30 Article IV of the California Constitution and shall go into 31 immediate effect. X 97