BILL ANALYSIS Ó AB 279 Page A ASSEMBLY THIRD READING AB 279 (Dodd) As Introduced February 11, 2015 Majority vote ------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+--------------------+----------------------| |Revenue & |6-3 |Ting, Dababneh, |Brough, Patterson, | |Taxation | |Gipson, Roger |Wagner | | | |Hernández, Mullin, | | | | |Quirk | | | | | | | |----------------+------+--------------------+----------------------| |Appropriations |16-1 |Gomez, Bigelow, |Wagner | | | |Bloom, Bonta, | | | | |Calderon, Chang, | | | | |Daly, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Holden, | | | | |Jones, Quirk, | | | | |Rendon, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------- SUMMARY: Expands the existing tax data-sharing program between the Franchise Tax Board (FTB) and cities to include counties. AB 279 Page B 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. 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 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 AB 279 Page C 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 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. FISCAL EFFECT: According to the Assembly Appropriations Committee: 1)Minor and absorbable administrative costs to FTB. 2)Estimated General Fund revenue gains of $80,000, $500,000, and $800,000 in Fiscal Year (FY) 2015-16, FY 2016-17. COMMENTS: 1)Author's Statement. The author has provided the following statement in support of this bill: AB 279 Page D 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 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 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. AB 279 Page E 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 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 ---------------------------- <1> Currently, San Francisco is the only designed "city and county" in California. AB 279 Page F 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 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 --------------------------- <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. AB 279 Page G 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 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. 8)The Operative Date. This bill will become operative and effective on January 1, 2016. Should it become law, the FTB AB 279 Page H will be able to start entering into reciprocal agreements with counties on that date. Analysis Prepared by: Oksana Jaffe / REV. & TAX. / (916) 319-2098 FN: 0000353