BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                     AB 279


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          Date of Hearing:  April 13, 2015





                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION


                                 Philip Ting, Chair





          AB 279  
          (Dodd) - As Introduced February 11, 2015





          Majority vote.  Tax levy.  Fiscal committee.


          SUBJECT:  Tax administration:  disclosure of information:   
          Franchise Tax Board and cities and counties


          SUMMARY:  Expands the existing tax data-sharing program between  
          the Franchise Tax Board (FTB) and cities to include counties.   
          Specifically, this bill:  


          1)Authorizes FTB to permit tax officials of any county to enter  
            into a reciprocal agreement with the FTB to obtain tax  
            information from the FTB, as specified. 













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          2)Limits the information that may be furnished by the FTB to a  
            county to a taxpayer's name, address, Social Security or  
            taxpayer identification number, and principal business  
            activity code. 


          3)Specifies that a county is only authorized to receive  
            information related to taxpayers who operate within the  
            jurisdictional boundaries of the county or city and county   
            and report income from a trade or business to the FTB;


          4)Prohibits any person other than an employee of the taxing  
            authority of a county from receiving or using tax information  
            received from the FTB.    


          5)Requires the tax information to be utilized by a county in a  
            form and manner as required by the FTB in order to safeguard  
            the information. 


          6)Provides that the tax information furnished to tax officials  
            of a county is subject to Revenue and Taxation Code (R&TC)  
            Section 19542, which makes it a misdemeanor to disclose  
            confidential tax information.  Specifically, the information  
            may only be used for the county's or city and county's tax  
            enforcement, or as otherwise authorized by state or federal  
            law.  


          7)Provides that any information, other than the limited type of  
            tax information specified above, may be requested by a  
            county's tax officials by affidavit.  


          8)Requires a county that either assesses a business tax or  
            requires a business license to submit to FTB, upon request,  
            certain specified information collected by the county in the  











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            course of administering its business tax or business license  
            program.  Also, requires a city to submit the same information  
            collected in the course of administering the city's business  
            license program.  This information shall be furnished to FTB  
            at a time and in the form that the FTB prescribes. 


          9)Provides that no reimbursement is required by this bill  
            because the only costs that may be incurred by a local agency  
            or school district will be incurred because this bill creates  
            a new crime or infraction, as provided. 





          10)Becomes effective and operative on January 1, 2016.


           EXISTING LAW:  





          1)Authorizes FTB to permit tax officials of a city to enter into  
            a reciprocal tax sharing information agreement with FTB, as  
            specified.  The information that may be furnished to a city's  
            tax officials is subject to the following limitations:


             a)   The city is only authorized to receive information  
               related to taxpayers who operate within the city and who  
               report income from a trade or business to the FTB;


             b)   The information is limited to a taxpayer's name,  
               address, social security or taxpayer identification number,  
               and principle business activity code;











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             c)   Tax information provided to a city's taxing authority  
               may not be furnished to, or used by, any person other than  
               an employee of that taxing authority; and,  


             d)   The information provided to a city's tax officials is  
               subject to R&TC Section 19542, which makes it a misdemeanor  
               to disclose confidential tax information.  Specifically,  
               the information may only be used for the city's tax  
               enforcement, or as otherwise authorized by state or federal  
               law.


          2)Requires that tax information provided to a city shall be  
            utilized in a form and manner to safeguard the tax information  
            as required by the FTB, including, but not limited to:

             a)   The completion of a data exchange security questionnaire  
               provided by the FTB prior to approval of a data exchange by  
               the FTB;

             b)   The authorization of the FTB by a tax official or agent  
               of the city to conduct an onsite safeguard review;

             c)   The completion of disclosure training provided by the  
               FTB and a confidentiality statement signed by all employees  
               or agents with access to information provided by the FTB  
               confirming the requirement of data security with respect to  
               that information and acknowledging awareness of penalties  
               for unauthorized access or disclosure under Revenue and  
               Taxation Code (R&TC) Sections 19542 and 19552, and Penal  
               Code Section 502;

             d)   The notification of the FTB by the tax official or the  
               agent of a city within 24 hours upon discovery of any  
               incident of unauthorized or suspected unauthorized access  
               or disclosure of the tax information and provide a detailed  











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               report of the incident and the parties involved; and,

             e)   The destruction of all records received by the tax  
               officials of a city or its agents in a manner to make them  
               unusable or unreadable so an individual record may no  
               longer be ascertained in a timeframe specified by the FTB.

          3)Provides that any information, other than the limited type of  
            tax information specified above, may be requested by a city's  
            tax officials by affidavit.  


          4)Requires a city that assesses a business tax or licenses a  
            business to share with the FTB, upon request, the information  
            collected in the course of administration of the city's  
            business tax program.  Limits this information to the  
            following:


             a)   The name of business if it is a corporation,  
               partnership, or limited liability company, or the owner's  
               name if it is a sole proprietorship;


             b)   Business mailing address;


             c)   Federal employer identification number, if applicable,  
               or the business owner's social security number;


             d)   Standard Industry Classification Code or North American  
               Industry Classification System Code;


             e)   Business start date;


             f)   City number; and,











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             g)   Ownership type. 


          5)Provides for the automatic repeal of the tax information  
            sharing program on January 1, 2019.


          FISCAL EFFECT:  The FTB staff estimates that this bill will  
          result in an annual General Fund revenue gain of $80,000 in the  
          fiscal year (FY) 2015-16, $500,000 in FY 2016-17, and $800,000  
          in FY 2017-18.  


          COMMENTS:  


           1)Author's Statement  .  The author has provided the following  
            statement in support of this bill:


            "AB 279 is a modest extension to an existing program.  By  
            granting approval for information sharing agreements between  
            the FTB and counties, counties will be able to more  
            efficiently collect back taxes."


           2)Arguments in Support  .  According to the Humboldt County Board  
            of Supervisors and the California Association of County  
            Treasurers and Tax Collectors that, given "the inextricable  
            financial ties between counties and the state, it seems a  
            logical and efficient addition to the statute to permit county  
            tax collectors and their state counterpart to closely  
            coordinate and share information, so as to ensure timely,  
            efficient and accurate tax collection."  The proponents  
            believe that the enhanced information sharing between counties  
            and the state "would be mutually beneficial" and will  
            "maximize tax collection dollars from those taxpayers and  











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            businesses" that owe money either to the State or a county."


           3)Program Background  .  The current tax-sharing information  
            program authorizes the FTB to enter into agreements with  
            cities to exchange tax data.  As noted in the FTB's staff  
            analysis of this bill, these agreements can either require a  
            city to reimburse the FTB's costs for providing the data or  
            allow for a waiver of the FTB's costs if the city agrees to  
            provide its tax data at no cost to FTB.  Cities providing tax  
            data to the FTB without also receiving tax data from the FTB  
            are required to be reimbursed by the FTB at a maximum rate of  
            $1 per usable record.  The FTB can only provide tax  
            information that contains an address within the city's  
            jurisdiction.  The information is limited, unless agreed to  
            otherwise, to the taxpayer's name, taxpayer's address,  
            taxpayer's Social Security number or taxpayer identification  
            number, and the principal business activity.  The program on  
            the reciprocal sharing of tax information between the FTB and  
            a city's tax official was originally enacted by the  
            Legislature in 2008 and subsequently extended until January 1,  
            2019.

            FTB compiles information from many sources including  
            employers, financial institutions, and federal and state  
            entities for purposes of ensuring compliance with the state's  
            income tax laws.  When the FTB receives information indicating  
            that a tax return should be filed for a taxable year and has  
            no record of a return, the FTB may contact the taxpayer to  
            request that the taxpayer file a return or explain why no  
            return is required.  When a taxpayer is required to file a  
            return and fails to do so, the FTB is authorized to assess tax  
            based on reported and estimated income from all available  
            sources.  Additionally, FTB may use data obtained from cities  
            to ensure compliance with state income tax requirements.  In  
            turn, cities use data obtained from the FTB to ensure  
            compliance with city business tax requirements.

           4)What Does This Bill Do  ?  This bill would extend the  











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            application of the current tax-sharing information program,  
            with all of the existing requirements and limitations, to  
            counties by authorizing the FTB to enter into a reciprocal  
            agreement with a county or city or county.<1>  According to  
            the author, counties will use this information to identify  
            delinquent taxpayers, unclaimed property, and businesses that  
            are located within the county's jurisdiction.  In return, the  
            FTB would receive information identifying businesses that are  
            licensed within the counties.  This information, consistent  
            with the existing program, would include the names and  
            residences of business owners, federal employer identification  
            numbers or Social Security numbers, and industry  
            classification codes.  This county data arguably would help  
            FTB to identify self-employed individuals who are not filing  
            required individual and business entity income tax returns.   
            This bill would also require a city to share with the FTB  
            additional information collected in the course of the city's  
            administration of its business license program.

           5)The Reason for the Bill  .  The author believes that this bill  
            is needed to help both counties and the FTB to collect  
            delinquent taxes from individuals and businesses.  Apparently,  
            while not as common, "many counties license businesses to  
            operate in unincorporated territory."  Similar to cities,  
            those counties are faced with a problem of identifying parties  
            responsible for paying the local business taxes.  According to  
            the author, this bill is needed to provide counties "with a  
            defined methodology to collect identifying information so that  
            they may recover the taxes."  The State would also benefit  
            from the expanded information sharing program by receiving  
            additional information regarding the businesses that are  
            licensed by counties, and not cities.  

           6)Increased Security Risk  :  In July 2013, the Office of the  
            Attorney General released the first report detailing 131 data  
            breaches that occurred in 2012.  The breaches compromised the  



          ---------------------------


          ---------------------------
          <1> Currently, San Francisco is the only designed "city and  
          county" in California.










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            personal information of 2.5 million Californians.<2>  Out of  
            the 131 breaches, state government held responsibility for  
            8%.<3>  

            In October 2014, the Office of the Attorney General issued its  
            second report on data breach.  Thus, in 2013, Attorney General  
            Office received information on 167 data breaches, affecting  
            personal information of more than 18.5 million California  
            residents, constituting a 28% increase over the 131 breaches  
            reported in 2012.<4>  According to the report, errors were  
            responsible for 53 breaches or 18% of the total.  The  
            government sector accounted for 19% of this type of breach.  

            The report recommends that the California Legislature consider  
            amending the breach notice law to strengthen the substitute  
            notice procedure, clarify the roles and responsibilities of  
            data owners and data maintainers, and require a final breach  
            report to the Attorney General.  The 2013 report also  
            recommended that government agencies and companies offer  
            mitigation products like credit monitoring services or a  
            security freeze when such incidents occur.  

           7)How is the Taxpayer Information Protected in the Existing  
            Program  ?  The FTB has maintained the integrity of taxpayer  
            information since the inception of the tax-sharing information  
            program.  Any improper usage or disclosure of this information  
            carries certain civil and criminal liabilities.  In 2013, the  
            Legislature modified the program to, among other things,  
            create additional safeguards to protect taxpayer information  
            from unauthorized disclosure.  Currently, every reciprocal  
            agreement must include provisions ensuring that taxpayer data  
            is safeguarded.  Thus, the city must complete and submit a  
          ---------------------------
          <2> Data Breach Report 2012, Kamala D. Harris, Attorney General,  
          California Department of Justice, July 1, 2013.  
          <3> For example, the California Department of Social Services  
          lost a computer storage device containing information on 845,000  
          parents, children, and caregivers.  
          <4> Data Breach Report 2013, Kamala D. Harris, Attorney General,  
          California Department of Justice, October, 2014.










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            Safeguard Questionnaire to the FTB, ensure that the data is  
            used only for the tax administration within the city, and  
            destroy the data as mandated after three years.  In addition,  
            only city employees named in the confidentiality statement may  
            have access to the data and each of those employees must  
            complete an annual City Business Tax Disclosure training. 

            Expanding the number of entities and people eligible to  
            receive confidential taxpayer information, however, may  
            increase the likelihood of data breaches.  Even though certain  
            penalties apply to local cities and agents under current law,  
            those penalties do little for taxpayers who must spend time  
            and money rectifying actual and potential identity theft.  The  
            Committee may wish to consider whether the benefits of  
            expanding the program to counties outweigh the downside of a  
            potential increase in data breach. 

           8)The Operative Date  .  This bill will become operative and  
            effective on January 1, 2016.  Should it become law, the FTB  
            will be able to start entering into reciprocal agreements with  
            counties on that date.

          REGISTERED SUPPORT / OPPOSITION:




          Support
          


          California State Association of Counties


          County Treasurers and Tax Collectors


          Humboldt County Board of Supervisors












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          Rural County Representatives of California

          Opposition
          
          None on file




          Analysis Prepared by:Oksana Jaffe / REV. & TAX. / (916) 319-2098