BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1856| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: AB 1856 Author: Dababneh (D) Amended: 4/6/16 in Assembly Vote: 21 SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 6/15/16 AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 76-0, 4/28/16 (Consent) - See last page for vote SUBJECT: Excise taxes: claim for refund: timely filed claims SOURCE: Author DIGEST: 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. ANALYSIS: Existing law: 1)Provides that when a taxpayer overpays a tax, interest, fee, or penalty to BOE, he or she must file a claim for refund AB 1856 Page 2 within a specified period to recover amounts overpaid. 2)Requires a claim for refund to be in writing and state the specific grounds for the claim. 3)Requires a claim for refund to be filed within the latest of the following periods: a) Three years from the due date of the return for the period for which the claimed overpayment was made; b) Six months from the date of the (claimed) overpayment; c) Six months from the date a determination (billing) became final; or d) Three years from the date BOE collected an involuntary payment by the use of enforcement procedures, such as levies or liens. 4)Provides that any taxpayer who wants to protest a notice of determination must file a petition for redetermination within 30 days of the determination becoming final. The only recourse for taxpayers who miss a 30-day deadline to file a formal protest of an audit determination is to pay the tax owed and file a claim for refund. A claim for refund is only valid for payments made 6 months before the claim is submitted. 5)Allows a taxpayer that is making installment payments on an outstanding income tax liability to the Franchise Tax Board to file a single claim for refund to cover the entire repayment period. AB 1856 seeks to also allow a taxpayer to file a single claim for refund to cover the entire repayment period AB 1856 Page 3 for liabilities owed to BOE. This bill: 1)Allows a taxpayer making installment payments on an outstanding liability on taxes administered by BOE to file a single claim for refund to cover all prior overpayments and all subsequent overpayments. 2)Applies to refunds under the Sales and Use Tax Law, Use Fuel Tax, Cigarette and Tobacco Products Tax, Alcoholic Beverage Tax, Energy Resources Surcharge, Emergency Telephone Users Surcharge, Hazardous Substance Tax, Integrated Waste Management Fee, Oil Spill Response, Prevention, and Administration Fees, Underground Storage Tank Fee, Fee Collections Procedures, and Diesel Fuel Tax Laws. Comments 1)Issue at hand. In the case when a taxpayer does not believe sales tax is due, but BOE has determined otherwise and issues a billing for an amount due, the taxpayer may protest and submit a petition for redetermination. If the taxpayer fails to submit a petition for redetermination, BOE puts the taxpayer into repayment, who must then submit a monthly installment payment to BOE to satisfy the amount due. However, a taxpayer may only submit a claim for refund for payments made during a six month period before submitting the claim. Thus, a taxpayer would have to file a new claim every six months until the repayment period is over. According to BOE, in some instances the taxpayer is not aware of the requirement to file multiple refund claims throughout the repayment period. Instead, the taxpayer believes that they may file a single refund claim to recover the entire amount. If the taxpayer files the claim after the first payment, the taxpayer may only recover the first payment. In instances where the taxpayer waits until the final payment has been made AB 1856 Page 4 to file a refund claim, the statute of limitations prevents the taxpayer from recovering all of their payments and they are only allowed the last 5-6 payments at most. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified6/28/16) Board of Equalization California Taxpayers Association OPPOSITION: (Verified6/28/16) None received ARGUMENTS IN SUPPORT: According to the author, "This bill allows a taxpayer making installment tax payments to file a single claim for refund to cover the period. Taxpayers who have entered into an installment payment plan often mistakenly believe they need only file one claim for refund at the conclusion of the payment plan, rather than filing claims for refund for each payment within six months after the date of payment. This proposal is prompted by several cases in which the taxpayer was barred by the statute of limitations from recovering all the installment payments made to the BOE even though the determination was either cancelled or reduced to an amount less than the total payments received. In each case, the taxpayer did not file a timely petition for redetermination, made multiple payments for one liability, but did not file refund claims for each installment payment. 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." AB 1856 Page 5 ASSEMBLY FLOOR: 76-0, 4/28/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NO VOTE RECORDED: Chávez, Daly, Mathis, Olsen Prepared by:Myriam Bouaziz / GOV. & F. / (916) 651-4119 6/29/16 15:50:42 **** END ****