SB 1 California Senate · 2025-2026 Regular Session

Personal income taxes: exclusion: Military Services Retirement and Surviving Spouse Benefit Payment Act.

Summary
The Personal Income Tax Law, in conformity with federal income tax laws, defines "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income, including an exclusion for combat-related special compensation. This bill, for taxable years beginning on or after January 1, 2025, and before January 1, 2035, would exclude from gross income retirement pay received by a qualified taxpayer, as defined, during the taxable year, not to exceed $20,000, from the federal government for service performed in the uniformed services, as defined. The bill, for taxable years beginning on or after January 1, 2025, and before January 1, 2035, would also exclude from gross income annuity payments received by a qualified taxpayer, as defined, during the taxable year, not to exceed $20,000, pursuant to a United States Department of Defense Survivor Benefit Plan. The bill would make related findings and declarations. Existing law requires any 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 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 failed 1 of 4 stages cleared
Introduction
Dec 2024
Committee Review
Floor Vote
Governor
Introduced Dec 2, 2024 Last action Feb 2, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

02/20/25 - Amended Senate SB1 · 4 edits
MODERATE
The Senate amended SB 1 to delay the effective date of the military retirement pay tax exclusion by one year (from January 1, 2024 to January 1, 2025), extend its expiration by one year (to January 1, 2035), and add a new income eligibility requirement that limits the exclusion to taxpayers with adjusted gross income of $250,000 or less for joint filers and $125,000 or less for other individuals. The amendment also removed the state-mandated local program designation.
TIMELINE

The effective date of both tax exclusions (military retirement pay and survivor benefit plan annuities) was delayed from January 1, 2024 to January 1, 2025, and the expiration date was extended from January 1, 2034 to January 1, 2035. The sunset/repeal date moved from December 1, 2034 to December 1, 2035.

ELIGIBILITY

A new 'qualified taxpayer' definition was added requiring that a surviving spouse or spouses filing jointly have adjusted gross income not exceeding $250,000, and any other individual have adjusted gross income not exceeding $125,000. Previously the exclusion applied to any taxpayer receiving qualifying payments.

SCOPE

The term 'taxpayer' in the operative provisions of Sections 17132.9 and 17132.10 was replaced with 'qualified taxpayer,' narrowing who can claim the exclusion based on the new income thresholds.

ENFORCEMENT

The state-mandated local program designation was removed (changed from YES to NO), meaning the bill no longer imposes costs on local agencies or school districts that would trigger reimbursement requirements under the California Constitution.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
14
Key actions
4
Committee
4
Amendments
1
May 23, 2025
Upper · Passed
May 23 hearing: Held in committee and under submission.
upper
Apr 29, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 918.) (April 28). Re-referred to Com. on APPR.
upper
Mar 12, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on M. & V.A. (Ayes 5. Noes 0.) (March 12). Re-referred to Com. on M. & V.A.
upper
Feb 20, 2025
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX.
upper
Jan 29, 2025
Committee
Referred to Coms. on REV. & TAX. and M. & V.A.
upper
Dec 2, 2024
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 9 co-sponsors

Sponsors