§ 17132.3
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(a)For taxable years beginning on or after January 1, 2026, and before January 1, 2031, gross income does not include any payment made pursuant to Section 6417 of the Internal Revenue Code, as added by Public Law 117-169, relating to elective payment of applicable credits. Sections 6417(c)(1)(C) and 6417(c)(1)(D) of the Internal Revenue Code, as added by Public Law 117-169, shall apply.
(b)For taxable years beginning on or after January 1, 2026, and before January 1, 2031, gross income does not include any payment made pursuant to Section 6418 of the Internal Revenue Code, as added by Public Law 117-169, relating to transfer of certain credits.
(1)Sections 6418(c)(1)(A) and 6418(c)(1)(B) of the Internal Revenue Code, as added by Public Law 117-169, shall apply.
(2)No deduction shall be allowed for any amount paid in consideration of a transfer made as described in Section 6418 of the Internal Revenue Code, as added by Public Law 117-169.
(c)For purposes of this section, “payment made pursuant to Section 6418 of the Internal Revenue Code” includes the value of a credit received by a transferee pursuant to Section 6418 of the Internal Revenue Code, as added by Public Law 117-169.
(1)For purposes of complying with Section 41, for this section and Section 24310.5, the Legislature finds and declares all of the following:
(A)The goal, purpose, and objective of the conformity to the exclusion and deduction provisions of Sections 6417 and 6418 of the Internal Revenue Code is to promote the investment and construction of clean energy projects and clean energy advanced manufacturing facilities in California.
(B)The performance indicators to measure whether the conformity meets the goal, purpose, and objective stated in subparagraph
(A)are data from taxpayers utilizing credits under Sections 6417 and 6418 of the Internal Revenue Code filing in California.
(2)To assist the Legislature in determining whether the conformity fulfills the goal, purpose, and objective stated in subparagraph
(A)of paragraph (1), the Franchise Tax Board shall report to the Legislature regarding the data described in subparagraph
(B)of paragraph
(1)on or before November 1, 2029, in compliance with Section 9795 of the Government Code.
(e)This section shall remain in effect only until December 1, 2031, and as of that date is repealed.