BILL ANALYSIS Ó AB 1856 Page 1 Date of Hearing: April 20, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1856 (Dababneh) - As Amended April 6, 2016 ----------------------------------------------------------------- |Policy |Revenue and Taxation |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill allows a taxpayer making installment payments on an outstanding liability on taxes administered by the Board of Equalization (BOE) to file a single claim for refund to cover all prior overpayments and all subsequent overpayments. In summary, this bill: AB 1856 Page 2 1)For cases in which the amount of tax, surcharge, or fee determined has not been paid in full, a properly filed claim for refund shall be deemed timely for all overpayments within its statute of limitations, and for all subsequent payments applied to that determination. 2)Provides that the provisions of this bill only apply to claims for refund filed on or after its effective date. 3)Applies to payment or prepayment of tax, fee, or surcharge imposed pursuant to the Sales and Use Tax (SUT) Law, the Use Fuel Tax Law, the Cigarette and Tobacco Products Tax Law, the Alcoholic Beverage Tax Law, the Energy Resources Surcharge Law, the Emergency Telephone Users Surcharge Act, the Hazardous Substances Tax Law, the Integrated Waste Management Fee Law, the Oil Spill Response, Prevention, and Administration Fees Law, the Underground Storage Tank Maintenance Fee Law, and the Diesel Fuel Tax Law, and for taxes and fees imposed in accordance with the Fee Collection Procedures Law. FISCAL EFFECT: Minor revenue loss due to refunds given to taxpayers that are currently barred by statute. COMMENTS: AB 1856 Page 3 1)Background. Taxpayers have a number of options to appeal a determination of unpaid tax liability. The first option is to file a timely petition for redetermination. In cases where taxpayers miss the deadline to file a petition, the other option is to pay the taxes owed and then file a claim for refund. For taxpayers repaying the tax in installments, a refund claim for each payment is accepted as an "informal claim for refund." This informal claim delays the expiration of the statute of limitations and protects the taxpayer's right to appeal to the BOE in future years. The BOE notes that this informal claim is "perfected" and considered filed when the full amount due has been paid. After then, the BOE takes take formal action to either allow the claim or deny the refund claim in whole or in part. According to the sponsor, BOE, in some instances the taxpayer is not aware of the requirement to file a refund claim following each installment payment. In these cases, the taxpayer believes that they must file a refund claim after paying the tax in full following the final installment. By this time, the statute of limitations prevents the taxpayer from recovering all of their payments. 2)Purpose. According to the author, AB 1856 will provide equitable relief for taxpayers who would be barred from receiving a refund for one or more installment payments because they did not file a timely claim for refund for each individual payment. Prepared by:Luke Reidenbach / APPR. / (916) 319-2081 AB 1856 Page 4