AB 176 California Assembly · 2025-2026 Regular Session

Taxation.

AB 176, titled "Budget Act of 2025," is a procedural bill expressing the Legislature's intent to enact statutory changes related to the Budget Act of 2025. It does not specify particular changes but authorizes future legislative action on the state's budget framework. This bill serves as a formal step toward potential revisions of the 2025 budget process, without detailing concrete policy shifts. It passed the Assembly (53-17) and is now in the Senate for further review.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Apr 2025
Assembly Passage
Mar 2025
Senate Passage
Governor
Introduced Jan 8, 2025 Last action Jun 12, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

01/08/25 - Introduced 06/12/26 - Amended Senate · 11 edits · Jun 12, 2026
MAJOR
AB 176 was transformed from a simple placeholder expressing legislative intent on the Budget Act of 2025 into a comprehensive tax reform bill. The amended version imposes sales and use tax on digital products (prewritten computer software) effective January 1, 2027, changes the business credit limit formula for years after 2026, reduces the first-year franchise tax for LLCs and partnerships from $800 to $400 through 2029, and imposes a 100% tax on payments from the federal Anti-Weaponization Fund. The bill now requires a two-thirds vote due to the tax increase provisions.
SCOPE

Imposes sales and use tax on digital products (defined as prewritten computer software transferred on tangible storage media, electronically, or accessed remotely) effective January 1, 2027. Excludes digital assets (cryptocurrency), digital audio works, digital audiovisual works, digital books, cloud infrastructure services, digital video game products, and digital visual works.

ELIGIBILITY

Creates a $5 million annual gross receipts threshold: retailers whose digital product sales exceed this amount are relieved from collecting sales tax, and purchasers must self-assess and pay use tax directly to the department. The threshold adjusts every five years based on California CPI changes, rounded to the nearest $1 million.

Provides exemptions for: digital products purchased solely for use outside California or in interstate/foreign commerce; rights to reproduce or copy digital products for third-party distribution; and services provided in electronic form where human effort originated after customer request (but not cloud software access).

REQUIREMENT

Prohibits local agencies (cities and counties) from entering agreements that result in payment, transfer, diversion, or rebate of local sales and use tax revenue from digital products transferred electronically or accessed remotely. Adds procedural requirements including 30-day web posting and 60-day certified mail notice to affected agencies.

Establishes place-of-sale rules for digital products: in-person sales are taxed at the seller's location; remote sales use a priority order of purchaser addresses (billing, shipping/delivery, payment instrument mailing, then general mailing address). If no California address is found, the sale is deemed outside the state.

FISCAL

Changes the business credit limit for taxable years beginning on or after January 1, 2027 from a flat $5,000,000 cap to 50% of total taxes imposed or $5,000,000, whichever is greater. This allows larger taxpayers to claim more in business credits.

Reduces the annual minimum franchise tax from $800 to $400 for limited partnerships, limited liability partnerships, and limited liability companies doing business in California, but only for their first taxable year. Applies to taxable years beginning on or after January 1, 2027 and before January 1, 2030.

Imposes a 100% tax on any settlement fund payment from the federal Anti-Weaponization Fund (established by the U.S. Department of Justice on May 18, 2026) or any subsequent fund, settlement, or agreement. Applies to taxable years beginning on or after January 1, 2026 and before January 1, 2030. The tax is not subject to reduction by deductions or credits.

Appropriates $750,000 from the General Fund to the California Department of Tax and Fee Administration for administering the new digital product sales and use tax provisions.

ENFORCEMENT

Voting requirement changed from simple majority to two-thirds of each house due to the inclusion of a tax increase. State-mandated local program designation changed from no to yes, triggering potential reimbursement obligations to local agencies.

DEFINITION

Adds multiple new statutory definitions including 'digital product,' 'accessed remotely,' 'transferred electronically,' 'tangible storage media,' 'prewritten computer software,' 'digital asset,' 'digital audio work,' 'digital audiovisual work,' 'digital book,' 'digital infrastructure,' 'digital video game product,' and 'digital visual work.'

Floor votes · Assembly Mar 20, 2025

How they voted

5217
Passed · 10 other
Total votes 79
Mar 20, 2025
D Democratic59
52 Yea 7
88% Yea
R Republican20
17 Nay 3
85% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
11
Key actions
2
Committee
3
Amendments
1
Jun 12, 2026
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F. R.
upper
Apr 2, 2025
Committee
Referred to Com. on B. & F. R.
upper
Mar 20, 2025
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 17. Page 751.)
lower
Feb 3, 2025
Committee
Referred to Com. on BUDGET.
lower
Jan 9, 2025
Lower · Passed
From printer. May be heard in committee February 8.
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.