Bill Sponsor
California Assembly Bill 398
Session 20252026
Personal income tax: Earned Income Tax Credit.
Active
Active
Failed in Assembly on Feb 2, 2026
First Action
Feb 4, 2025
Latest Action
Feb 2, 2026
Origin Chamber
Assembly
Type
Bill
Bill Number
398
State
California
Session
20252026
Sponsorship by Party
Democrat
Author
Assembly Votes (1)
checkPassed on April 28, 2025
Motion Text
Do pass and be re-referred to the Committee on [Appropriations]
Assembly Roll Call Votes
Summary
The Personal Income Tax Law, 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, a continuously appropriated fund, 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, and provides alternative calculation factors under specified circumstances. Existing law, for taxable years beginning on or after January 1, 2020, and until and including the taxable year in which the minimum wage is set at $15 per hour, requires the phaseout percentage for eligible individuals to be recalculated by the Franchise Tax Board so that the calculated amount of credit for a taxpayer with an earned income of $30,000 is equal to zero. This bill, for taxable years beginning on or after January 1, 2025, if the amount of credit computed for an eligible individual is less than $355, as specified, would allow the credit for the eligible individual to be $355 instead, except as otherwise specified. By authorizing additional payments from a continuously appropriated account, this bill would make an appropriation. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill also would include additional information required for any bill authorizing a new tax expenditure.
Actions (11)
02/02/2026
Assembly
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
01/31/2026
Assembly
Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
05/23/2025
Assembly
In committee: Held under submission.
05/21/2025
Assembly
Joint Rule 62(a), file notice suspended. (Page 1627.)
05/21/2025
Assembly
In committee: Set, first hearing. Referred to APPR. suspense file.
05/14/2025
Assembly
In committee: Hearing postponed by committee.
04/29/2025
Assembly
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 28). Re-referred to Com. on APPR.
03/10/2025
Assembly
In committee: Set, first hearing. Referred to REV. & TAX. suspense file.
02/18/2025
Assembly
Referred to Com. on REV. & TAX.
02/05/2025
Assembly
From printer. May be heard in committee March 7.
02/04/2025
Assembly
Read first time. To print.
Sources
Record Created
Feb 5, 2025 5:52:36 AM
Record Updated
Feb 3, 2026 8:29:40 AM