Thursday, December 1, 2022

CalChamber-Opposed Tax Hikes Target Family Businesses and Companies

A California Chamber of Commerce-opposed job killer bill proposing multiple tax increases on California employers is scheduled to be considered next week in a Senate policy committee.

SB 567 (Lara; D-Bell Gardens) seeks to impose significant tax increases on California employers—both family-owned businesses and publicly traded companies

The bill proposes requiring payment of capital gains on the inheritance of a family business, as well as raising taxes on publicly traded companies, when California already has the highest personal income tax and sales tax rates in the country, as well as one of the highest corporate tax rates, which will discourage job growth in California.

Family-Owned Businesses

SB 567 targets family-owned businesses that transfer the business upon death to other family members. Under SB 567, the family members who inherit the business/property would be forced to pay capital gains on the property that has appreciated in value, if the family member(s) have an adjusted gross income of $1 million or more.

This change would take California out of conformity with federal law, and place another layer of taxes on a small group of Californians paying the highest personal income tax, at 13.3%.

Recent data from the Legislative Analyst’s Office indicates that the top 1% of income earners in California paid half of all income taxes received by the state. These top income earners upon which the General Fund is so reliant, are also the same individuals who would be exposed to the tax increase under SB 567, and who have the most resources to change their residences to another state to avoid even higher taxes.

California should not continue to target these high-earners with additional taxation when they already contribute such a significant amount of revenue into the General Fund.

Executive Compensation

SB 567 also seeks to eliminate the current deduction allowed for compensation paid to executive officers for achieving performance-based goals. This proposal would specifically harm those companies incorporated in California.

While CEO compensation is an ever-popular debate topic, SB 567 fails to recognize the enormous responsibility placed on these individuals to maintain or improve the success of a company that creates jobs for hundreds or thousands of workers, and value for thousands of shareholders, including pension funds.

This current deduction was created to allow companies to incentivize CEOs to achieve important performance goals for the benefit of the company, employees and shareholders.

The Internal Revenue Service already has strict guidelines on this deduction to prevent any abuses, including:

• written, pre-established, objective performance goals that are substantially uncertain at the time the goal is established;

• the goals are approved by a compensation committee comprised of two or more outside/independent directors; and

• the goals are also separately approved by shareholders.

Eliminating this deduction would unfairly penalize California companies. Moreover, this proposed change is retroactive, meaning companies who will be harmed by the elimination of this deduction will not even have an opportunity to mitigate any tax exposure it creates.

Punitive Taxes

California already has the highest personal income tax and sales tax rates in the country, and one of the highest corporate tax rates as well. Californians just approved various tax increases and extensions on the November 2016 ballot. Additionally, state appropriations may exceed the Proposition 4 (Gann) limit, which over the next two years may trigger significant tax reductions.

Substantially increasing California’s revenue again by targeting high earners and businesses, as proposed by SB 567, is punitive and will ultimately harm California’s economy and General Fund.

Action Needed

SB 567 will be considered by the Senate Governance and Finance Committee on May 10.

The CalChamber is asking members to contact their senators and committee members to urge them to oppose SB 567 as a job killer.

An easy-to-edit sample letter is available at www.calchambervotes.com.

Staff Contact: Jennifer Barrera

Jennifer Barrera
Jennifer Barrera
Jennifer Barrera took over as president and CEO of the California Chamber of Commerce on October 1, 2021. She has been part of the CalChamber team since 2010 and stepped into the top position after serving as CalChamber executive vice president, overseeing the development and implementation of policy and strategy for the organization, as well as representing the CalChamber on legal reform issues. Barrera is well-known for her success rate with the CalChamber’s annual list of job killer legislation, efforts to reform the Private Attorneys General Act (PAGA) and leadership working with employers on critical issues, including most recently those arising from the COVID-19 pandemic. In addition, she advises the business compliance activities of the CalChamber on interpreting changes in employment law. Barrera earned a B.A. in English from California State University, Bakersfield, and a J.D. with high honors from California Western School of Law. See full bio

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