Bills

AB 2006: Sales and Use Tax Law: exemption: over-the-counter medication.

  • Session Year: 2023-2024
  • House: Assembly
  • Latest Version Date: 2024-01-31

Current Status:

Failed

(2024-04-29: In committee: Set, final hearing. Held under submission.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

What does this bill do?

This bill temporarily exempts over-the-counter medicines from California state sales and use taxes, affecting consumers who buy these nonprescription drugs and the retailers who sell them. The exemption covers FDA-regulated nonprescription drugs, does not apply to local sales taxes or certain state tax rates used for local funding, and ends on January 1, 2030. The state must report each year (starting in 2026) on how many transactions were exempted and the total tax revenue forgone to measure whether the change creates parity with prescription drugs.

The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.

Version:

Existing state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes.

This bill would, until January 1, 2030, exempt from those taxes the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, over-the-counter medication, as defined.

Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements.

This bill would make findings detailing the goals of the above-described tax expenditure and performance indicators for determining whether the tax expenditure meets those goals.

The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws.

This bill would provide that the exemption created by this bill does not apply to local sales and use taxes or transactions and use taxes.

Existing law imposes or dedicates certain state sales and use tax rates for local funding, including through the Local Revenue Fund 2011.

This bill would provide that the exemption created by this bill does not apply to those state sales and use tax rates imposed or dedicated for local government funding, including those rates for which revenues are deposited into the Local Revenue Fund 2011.

This bill would take effect immediately as a tax levy.

Discussed in Hearing

Assembly Standing Committee on Revenue and Taxation 5MIN
Mar 11, 2024

Assembly Standing Committee on Revenue and Taxation

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Authors shown for version:
Introduced (1/31/2024)

Bill Author