BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2177
                                                                  Page  1

          Date of Hearing:   April 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 2177 (Beall) - As Amended:  April 14, 2010 

          Policy Committee:                              Revenue and  
          Taxation     Vote:                            8-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes the Franchise Tax Board (FTB) to  
          communicate with taxpayers and their authorized representatives  
          via e-mail. Specifically, the bill:

          1)Allows FTB, at the request of a taxpayer, to provide an  
            electronic notification of statements, bills, or other  
            communications, that have been posted to the taxpayer's online  
            account.

          2)Requires that prior to obtaining consent from the taxpayer to  
            use the elective method, the FTB advise the taxpayer of the  
            ramifications of such an election. 

          3)Allow taxpayers to file electronically a protest,  
            notification, and other communication to the FTB through its  
            website.

          4)Will be implemented once FTB completes planned upgrades to its  
            online system, currently  planned for 2013, and sunsets on  
            January 1, 2018

           FISCAL EFFECT
           
          1)No new costs, since FTB indicates that costs to provide  
            notices online are already embedded in ongoing "enterprise  
            data to revenue" (EDR) computer system project.

          2)Use of electronic communication will result in unknown,  
            potentially significant ongoing savings.









                                                                  AB 2177
                                                                  Page  2

          COMMENTS  :   

           1)Rationale  . The purpose of the bill is to reduce mailing costs  
            and streamline communications between the Franchises Tax Board  
            and the public. The author indicates the bill will enable the  
            state to "go green" by cutting down on paper mail and  
            improving efficiencies in tax administration workloads. The  
            option for electronic notification also ensures that taxpayers  
            who move frequently will be given a timely receipt of FTB  
            notices. 

           2)Background - FTB communications with taxpayers  .  According to  
            the FTB, it issues approximately 17 million bills and notices  
            each year to taxpayers, including responses to returns filed,  
            collection notices for unpaid liabilities, filing enforcement  
            notices when returns are not filed, and notices related to  
            audit activities of taxpayer returns.  Some notices are merely  
            correspondence regarding a pending matter, but many have legal  
            significance.  Under existing law, FTB is not able to mail  
            these notices electronically, even if the taxpayers receiving  
            the notices prefers electronic communication.  In addition, a  
            notice of proposed assessment and final deficiency notice  
            issued after January 1, 2008, require a postmark, and thus,  
            cannot be mailed electronically. The existing restrictions can  
            be problematic in cases where taxpayers move frequently. 

            A taxpayer or his/her representative may obtain from the FTB  
            limited confidential information through the FTB Web site.  As  
            part of its current EDR project, the FTB plans to update and  
            expand information provided through its online accounts to  
            include, among other items, current and historical notices or  
            bills issued to the taxpayer.  This expanded capability, which  
            will be accessible to all taxpayers and their authorized  
            representatives, is expected to be completed by January 1,  
            2013.  

           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081