BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1412
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          ASSEMBLY THIRD READING
          AB 1412 (Revenue and Taxation Committee)
          As Amended  May 24, 2013
          Majority vote 

           REVENUE & TAXATION        8-0   APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Bocanegra, Dahle, Gordon, |Ayes:|Gatto, Harkey, Bigelow,   |
          |     |Mullin, Nestande, Pan, V. |     |Bocanegra, Bradford, Ian  |
          |     |Manuel Pérez, Ting        |     |Calderon, Campos,         |
          |     |                          |     |Donnelly, Eggman, Gomez,  |
          |     |                          |     |Hall, Ammiano, Linder,    |
          |     |                          |     |Pan, Quirk, Wagner, Weber |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Authorizes a person to irrevocably assign to a  
          customer the right to receive a refund under the Sales and Use  
          Tax (SUT) Law, provided specified conditions are met.   
          Specifically,  this bill  authorizes a person (i.e., a retailer)  
          to make an irrevocable election to assign to a customer the  
          right to receive a SUT refund if all of the following conditions  
          are met:

          1)The entire amount represents excess tax reimbursement that  
            must be paid by the person to a single customer under existing  
            law.

          2)The refund amount is $50,000 or greater.

          3)The irrevocable election to assign to the customer the amount  
            refunded is evidenced by a statement signed by the person and  
            the customer authorizing the named customer to receive the  
            amount refunded. 

          4)The signed statement is submitted to the State Board of  
            Equalization (BOE) in conjunction with the person's claim for  
            refund. 

           EXISTING LAW  :

          1)Imposes a sales tax on retailers for the privilege of selling  
            tangible personal property (TPP), absent a specific exemption.  
             The tax is based upon the retailer's gross receipts from TPP  








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            sales in this state.

          2)Imposes a complementary use tax on the storage, use, or other  
            consumption in this state of TPP purchased from any retailer.   
            The use tax is imposed on the purchaser, and unless the  
            purchaser pays the use tax to a retailer registered to collect  
            the California use tax, the purchaser remains liable for the  
            tax, unless the use is exempted.  The use tax is set at the  
            same rate as the state's sales tax and must generally be  
            remitted to the BOE.

          3)Provides that any amount collected or paid in excess of what  
            is due under the SUT Law must be credited by the BOE against  
            any other amounts due from the person from whom the excess  
            amount was collected or by whom it was paid, and the balance  
            refunded, as specified.  

          4)Provides that, when an amount represented to a customer as SUT  
            reimbursement is computed upon an amount that is not taxable  
            or is in excess of the taxable amount and is actually paid by  
            the customer, the amount paid must be returned to the customer  
            upon notification by the BOE or by the customer that this  
            excess has been ascertained.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, minor and absorbable costs to the Board of  
          Equalization.   

           COMMENTS  :  
           
           1)An overview of current law  :  Revenue and Taxation Code Section  
            6901 currently requires the BOE to refund any overpayment of  
            use tax directly to the purchaser, even though the retailer  
            collected and remitted the tax.  While this statute allows the  
            BOE to refund excess use tax directly to a purchaser, the BOE  
            may currently issue a refund for excess sales tax  
            reimbursement only to the retailer that collected and reported  
            the tax.  

           2)What would this bill do  ?  This bill authorizes a retailer to  
            irrevocably assign to a customer the right to receive a refund  
            of excess sales tax reimbursement, provided certain conditions  
            are met.  Specifically, the retailer and the customer would  
            need to sign the irrevocable assignment and submit it to the  








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            BOE with the retailer's claim for refund.  This, in turn,  
            would allow the BOE to directly refund the customer who paid  
            the excess tax.  

           3)Working with the BOE  :  To address potential administrative  
            concerns raised by the BOE staff, this bill was amended in the  
            Assembly Appropriations Committee to apply only to refund  
            amounts of $50,000 or greater to a single customer.  The BOE  
            members voted unanimously to sponsor this proposal with the  
            amendments taken.

           
          Analysis Prepared by  :   M. David Ruff / REV. & TAX. / (916)  
          319-2098 


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