BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2218
                                                                  Page  1

          Date of Hearing:   May 24, 2006

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                    AB 2218 (Torrico) - As Amended:  May 17, 2006 

          Policy Committee:                              Revenue and  
          Taxation     Vote:                            6-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill exempts from the state sales and use tax purchases of  
          manufacturing equipment for a 10-year period beginning January  
          1, 2007.  In order to maintain eligibility for the exemption, an  
          employer would need to demonstrate to the Board of Equalization  
          (BOE) that it continues to employ at least as many employees as  
          in the prior year, beginning in 2008. 

           FISCAL EFFECT  

          1)The BOE estimates annual General Fund revenue losses of $698  
            million ($33 million of which would be attributable to the  
            Fiscal Recovery Fund rate of .25%).

          2)The BOE would incur administrative costs in the range of  
            $250,000 annually to verify employment levels of  
            manufacturers.

           COMMENTS  

           1)Background  .  California's Sales and Use Tax Law imposes tax on  
            the sale or use of tangible personal property.  Entities  
            engaged in activities such as manufacturing, research and  
            development, and software production pay sales and use tax on  
            their purchases of tangible personal property, unless that  
            property is an input to production that becomes physically  
            incorporated into a product for sale, in which case it is  
            exempt from tax. (The sales and use tax then is imposed on the  
            final product for sale.)

            The combined state and local sales and use tax rate totals  








                                                                  AB 2218
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            7.25%, as follows:

             ----------------------------------------------------------------- 
            |Rate                 |Jurisdiction         |Purpose              |
            |---------------------+---------------------+---------------------|
            |5.0%                 |State General Fund   |General              |
            |---------------------+---------------------+---------------------|
            |0.25%                |State Fiscal         |Repayment of         |
            |                     |Recovery Fund        |Economic Recovery    |
            |                     |                     |Bonds                |
            |---------------------+---------------------+---------------------|
            |0.50%                |State Local Revenue  |Health and welfare   |
            |                     |Fund                 |programs shifted to  |
            |                     |                     |local governments    |
            |                     |                     |under 1991-92        |
            |                     |                     |realignment          |
            |---------------------+---------------------+---------------------|
            |0.50%                |State Local Public   |Local public safety  |
            |                     |Safety Fund          |programs under       |
            |                     |                     |Proposition 172      |
            |---------------------+---------------------+---------------------|
            |1.0%                 |Cities and counties  |General and County   |
            |                     |(Bradley-Burns)      |transportation       |
            |(0.75% city rate     |                     |                     |
            |credited against     |                     |                     |
            |1.0% county rate)    |                     |                     |
            |---------------------+---------------------+---------------------|
            |7.25%                |Total State and      |                     |
            |                     |Local Sales and Use  |                     |
            |                     |Tax                  |                     |
             ----------------------------------------------------------------- 

            Proposition 57, approved by the voters in 2004, temporarily  
            suspends the authority of a county or a city to impose the  
            local 1.25 percent Bradley-Burns sales and use tax rate and  
            instead provides for a local sales and use tax rate of 1  
            percent, in the case of a county, and 0.75 percent, in the  
            case of a city, for the duration of the "revenue exchange  
            period."   During this period, the state sales tax rate is  
            increased by 0.25 percent, which is dedicated to the Fiscal  
            Recovery Fund for the retirement of Economic Recovery Bonds  
            authorized by Proposition 57.  Cities and counties are  
            reimbursed for the 0.25 sales and use tax reduction through  
            property tax revenues shifted from the schools for the  
            duration of the revenue exchange period.  The state, in turn,  








                                                                  AB 2218
                                                                  Page  3

            backfills the schools' revenue loss through the General Fund  
            (hence, the "Triple Flip"). 

            Additionally, local agencies may establish a special taxing  
            jurisdiction to levy a "transactions and use tax" ranging from  
            0.25% to 2.0%, on the same tax base, and collected in the same  
            manner, as the sales and use tax,

           2)Manufacturer's Investment Credit (MIC)  .  Prior California tax  
            law contained various tax incentives referred to as the MIC to  
            encourage investment in manufacturing equipment to be used in  
            California. The MIC provided for an exemption from the state  
            share of sales and use tax for purchases of manufacturing  
            equipment, or a credit against the personal income tax or  
            corporate tax liability (equal to 6%) of the amount paid or  
            incurred for qualified property placed in service in  
            California.  The MIC expired on  January 1, 2004, pursuant to  
            a finding by the Employment Development Department (EDD) that  
            total manufacturing jobs on the preceding January 1, did not  
            exceed the total manufacturing jobs in California on January  
            1, 1994 by 100,000 jobs. 

           3)Purpose  .   This bill is sponsored by the author.  According to  
            the author's office, it is intended to stimulate California's  
            economy by reducing the costs of capital investments in the  
            research and development, manufacturing, and software  
            publishing industries.


            Although the exemption would provide an incentive for  
            investment in new machinery and equipment, it would undermine  
            the fundamental objective of the state's tax structure - to  
            generate sufficient revenue to pay for state services.  A more  
            pragmatic approach might be to offset the state General Fund  
            revenue loss of nearly $700 million annually by broadening the  
            sales and use tax base to include certain services.






           Analysis Prepared by  :    Stephen Shea / APPR. / (916) 319-2081