AB 2394 California Assembly · 2025-2026 Regular Session

Personal Income Tax Law: exclusions: real property.

Summary
The Personal Income Tax Law, in conformity with federal income tax law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income. This bill, for taxable years beginning on or after January 1, 2027, and before January 1, 2032, would exclude from gross income gain received by a qualified taxpayer as a result of the sale or exchange of qualified real property, as defined. The bill would define "qualified taxpayer" to mean an individual who is 55 years of age or older on the date of the sale. The bill would define "qualified real property" to mean real property satisfying certain conditions, including the requirement that the property was used by the qualified taxpayer as their primary residence, as specified, and that the property is sold to a natural person. 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. This bill would take effect immediately as a tax levy.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 20, 2026 Last action Apr 27, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

04/20/26 - Amended Assembly AB2394 · 5 edits
MODERATE
The bill lowers the minimum age for the real property gain exclusion from 65 to 55 years old, significantly expanding eligibility. It also adds clarifying language specifying that the 20-year ownership period is measured as of the date of sale, and makes minor drafting cleanups including removing redundant words and fixing a duplicate section number.
Scope change
The bill's scope expanded by lowering the age threshold from 65 to 55, making approximately 10 additional years of taxpayers eligible for the real property gain exclusion during the 2027-2031 taxable year window.
ELIGIBILITY

The minimum age to qualify as a 'qualified taxpayer' was lowered from 65 to 55 years old, expanding the pool of eligible taxpayers by 10 years.

DEFINITION

Added the phrase 'as of the date of the sale of the real property' to clarify that the 20-year ownership requirement is measured at the time of sale rather than at some other point.

TECHNICAL

Removed the word 'income' before 'gain' in subsection (a), changing 'any income gain received' to 'any gain received.'

Removed redundant word 'both' from the definition of qualified real property, changing 'for which both all of the following are true' to 'for which all of the following are true.'

Fixed a duplicate section number where two sections were both labeled 'SEC. 2.' - the second is now correctly numbered 'SEC. 3.'

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
7
Key actions
2
Committee
5
Amendments
1
Apr 27, 2026
Lower · Passed
In committee: Set, second hearing. Held under submission.
lower
Apr 21, 2026
Committee
Re-referred to Com. on REV. & TAX.
lower
Apr 20, 2026
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
lower
Apr 6, 2026
Committee
In committee: Set, first hearing. Referred to REV. & TAX. suspense file.
lower
Mar 9, 2026
Committee
Referred to Com. on REV. & TAX.
lower
Feb 21, 2026
Lower · Passed
From printer. May be heard in committee March 23.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Alex Lee
Alex Lee
DDemocratic
CA
24