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