BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1856|
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                                       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  








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            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  








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            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  








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            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."










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           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


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