BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1856


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          Date of Hearing:  April 20, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1856 (Dababneh) - As Amended April 6, 2016


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          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


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          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


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          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















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