The Personal Income Tax Law, beginning on or after January 1, 2015, in modified conformity with federal income tax laws, allows an earned income tax credit against personal income tax, and a payment from the Tax Relief and Refund Account for an allowable credit in excess of tax liability, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor, as specified. The law provides that the amount of the credit is calculated as a percentage of the eligible individual's earned income and is phased out above a specified amount as income increases.
This bill, for each taxable year beginning on or after January 1, 2021, and before January 1, 2022, would authorize a taxpayer to elect to have the amount of the credit calculated based on the taxpayer's earned income for the taxable year beginning on or after January 1, 2019, and before January 1, 2020, the taxpayer's earned income for the taxable year beginning on or after January 1, 2020, and before January 1, 2021, or the taxpayer's earned income for the next taxable year beginning on or after January 1, 2021, and before January 1, 2022.
Existing law establishes the continuously appropriated Tax Relief and Refund Account and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including any amount to be paid as an earned income tax credit in excess of any tax liabilities.
By increasing the amount of the California Earned Income Tax Credit to be paid with funds from the Tax Relief and Refund Account, and thus, authorizing new payments from that account for additional amounts in excess of personal income tax liabilities, this bill would make an appropriation.

Statutes affected:
SB276: 17052 RTC
01/29/21 - Introduced: 17052 RTC
03/15/21 - Amended Senate: 17052 RTC
03/17/21 - Amended Senate: 17052 RTC, 17052 RTC
SB 276: 17052 RTC