17053.45.
(a) For
each taxable year taxable years beginning on or after January 1, 2028, and before January 1, 2033, there shall be allowed as a credit against the “net tax,” as defined in Section 17039, an amount equal to
100 40 percent of the amount paid or incurred during the taxable year for qualified repair expenses by a
taxpayer. The credit shall not taxpayer, not to exceed twenty-five thousand dollars ($25,000) per taxable year.
(b) For purposes of this section:
(1) “Cosmetic improvements” means modifications to residential real property that are intended solely to improve the visual appearance or aesthetic appeal of the property and that do not affect the structural integrity, safety, habitability, or essential systems of the property.
(1)
(2)
“First-time homebuyer assistance program” means any program under Chapter 11 (commencing with Section 51500) or Chapter 12 (commencing with Section 51520) of Part 3 of Division 31 of the Health and Safety Code.
(2)
(3)
(A) “Qualified repair expenses” means amounts paid or incurred
during the taxable year by the seller for repairs that are required as a condition of closing the sale of real property to a purchaser utilizing a first-time homebuyer assistance program administered by the California Housing Finance Agency, including repairs identified by any of the following:
(i) A lender appraisal.
(ii) A property inspection report required by the lender.
(iii) Any health and safety requirement imposed as a condition of financing under a first-time homebuyer assistance program administered by the California Housing Finance Agency.
(B) “Qualified repair expenses” does not include cosmetic improvements, renovations, or upgrades not required as a condition of financing, including, but not limited to, remodeling, landscaping, or aesthetic enhancements.
(c) To be eligible for the credit allowed by this section, a taxpayer shall substantiate, in the form and manner prescribed by the Franchise Tax Board, all of the following:
(1) The repairs qualified repair expenses were required as a condition of closing the sale.
(2) The repairs qualified repair expenses were completed prior to or as part of the sale transaction.
(3) The purchaser utilized a first-time homebuyer assistance program administered by the California Housing Finance Agency.
(d) (1) A taxpayer shall claim no more than one credit allowed by this section in a taxable year.
(2) If real property for which qualified repair expenses are incurred is owned by more than one taxpayer, only one taxpayer shall claim the credit allowed by this section for the taxable year in which the qualified repair expenses are incurred.
(d)
(e) If the credit allowed by this section exceeds the “net tax,” the excess may be carried over to reduce the “net tax” in the following taxable year, and succeeding years if necessary, until the credit is exhausted. up to five years.
(e)
(f) For the purposes of complying with Section 41, the Legislature finds and declares all of the following:
(1) The specific goal, purpose, and objective of the tax credit allowed by this section is to reduce failed transactions and expand access to homeownership by offsetting unavoidable repair costs that disproportionately affect older housing stock and first-time buyers.
(2) The performance indicators for the Legislature to use when measuring whether the tax expenditure meets the goals, purposes, and objectives shall be the total number of returns claiming the credit and the aggregate dollar amount of credits claimed. allowed.
(3) The Franchise Tax Board shall analyze the performance indicators for each taxable year and shall report its findings on or before December 1, 2033, 2034, to the Legislature, in compliance with Section 9795 of the Government Code.
(4) The disclosure provisions of this subdivision shall be treated as an exception to Section 19542.
(f)
(g) This section shall remain in effect only until December 1, 2033, and as of that date is repealed.