BILL ANALYSIS Ó AB 814 Page 1 Date of Hearing: April 20, 2015 ASSEMBLY COMMITTEE ON REVENUE AND TAXATION Philip Ting, Chair AB 814 (Daly) - As Amended March 26, 2015 Majority vote. Fiscal committee. SUBJECT: Tax information: administration SUMMARY: Requires the Franchise Tax Board (FTB), the State Board of Equalization (BOE), and the Employment Development Department (EDD) to conduct a feasibility study on the development of a single Internet Web-based portal that would essentially consolidate the three agencies. Specifically, this bill: 1)Requires the FTB, BOE, and EDD to do all of the following: a) Collaborate and conduct a feasibility study for AB 814 Page 2 developing a single Internet Web-based portal that virtually consolidates the three agencies; and, b) Consolidate tax forms, applications, and other documents to reduce or eliminate multiple submissions of the same information by taxpayers if the three agencies determine that a need exist to improve cost-effective services and an appropriation is made by the legislature. 2)Requires that the Internet Web-based portal allow online self-service access through a single log-on for taxpayers to do the following: a) Electronically file returns, and submit forms or other information; b) Remit amounts due, determine account balances and due dates of taxes; and, c) Identify the status of an appeal, claim for refund, request for relief of interest or penalty, and any other information the agencies deem helpful to the taxpayer to assist the taxpayer in compliance with the state's tax laws. 3)Includes legislative findings and declarations relating to the state tax administration and the development of a taxpayer-focused system that virtually consolidates the BOE, FTB, and EDD. EXISTING LAW requires: 1)The BOE, as a constitutional body, to administer sales and use taxes (SUT), special taxes, and fees. The BOE also oversees the administration of the local property tax by county assessors, and assesses certain statewide utility and railroad property. In addition, the five-members of the BOE are authorized to administratively review determinations made by AB 814 Page 3 the BOE staff regarding its tax programs, and hear taxpayer appeals from the FTB concerning Personal Income Tax (PIT), Corporation Tax (CT) and homeowner's and renter's assistance matters. 2)The FTB, as a department within the State and Consumer Services Agency, to administer and regulate the PIT and CT Laws. The FTB is also required to administer non-income tax related programs, such as the Political Reform Audit; the Non-Admitted Insurer Tax Program; and collections of court-ordered debt, vehicle registration debts, and interagency intercepts. The three members of the FTB board is comprised of the State Controller, the Director of the Department of Finance, and the Chair of the BOE. 3)The EDD to administer the collection, accounting, and audit functions of California's payroll tax program, which consists of Unemployment Insurance, Employment Training Tax, and Disability Insurance. The EDD is also required to collect PIT withholding on wages and salaries. The EDD is a department within the Labor and Workforce Development Agency. FISCAL EFFECT: The FTB noted in their analysis: The costs to implement this bill, although unknown at this time, could be significant. As indicated in the "Implementation Considerations" section, the scope, roles, and duties of the BOE, the EDD, and the FTB need to be identified before a complete analysis of this bill's impact on the FTB can be ascertained. As this bill moves through the legislative process and the BOE, the EDD, and the FTB develop an implementation plan, costs to implement this bill will be identified. COMMENTS: AB 814 Page 4 1)Author's Statement : The author has included the following statement in support of this bill: California's tax system is overseen by multiple agencies, it can sometimes be difficult for consumers to understand or navigate. Frequently, taxpayers are required to submit redundant forms, applications, and information to each agency separately, resulting in an overly burdensome system. This leads to backlogs in applications, and delays for taxpayers who are in compliance, while increasing administrative costs to Californians. This bill would create cost savings for California Taxpayers, and provide them with a more convenient and intuitive tax system. 2)Background : SB 582 (Knight), of the 2013-14 Legislative Session, was vetoed. The Governor stated in his veto message: Consolidation of the tax departments has been studied for decades. We don't need to conduct any further studies. I instruct the Secretary of the Government Operations Agency to determine if taxpayer service can be improved in a cost effective manner with a single state Webpage for all state taxes. If it can, my administration will work with the author to seek implementing legislation should it be needed. This bill contains identical language found in SB 582. 3)Virtual vs. Actual Consolidation : The Legislative Analyst's Office (LAO) has consistently argued that consolidation of state tax agencies and functions would require the state to incur significant implementation costs, with only possible long-term savings. Whether long-term savings will offset those immediate costs is largely unknown. The LAO, in its AB 814 Page 5 report, concluded that "consolidation of the tax agencies' payment and documentation processing activities could in the medium to long term generate some annual cost savings and interest earnings through elimination of duplicative functions and increased efficiencies." (Tax Agency Consolidation: Remittance and Return Processing, LAO, January 2005.) However, the state would have "to incur significant net costs in short term to achieve these savings." Recognizing that having three separate agencies creates confusion for some taxpayers, the LAO report suggested that the state expand electronic filing and processing. In addition, the LAO recommended using electronic filing and processing to achieve a "virtual consolidation" of remittance and document processing. The report explained that, under this type of system, "taxpayers could log onto a single Web site and through a series of menus, be directed to the proper form which would allow them to file their taxes or remit a payment." The form, in turn, would be automatically directed to the appropriate agency. 4)The California Tax Service Center (CTSC) Web Site : LAO's virtual consolidation proposal was partly implemented through the development of the CTSC's Web site, www.taxes.ca.gov . The Web site was established to simplify taxpayers' experience in complying with state and federal tax laws. The Web site is a result of the "California Fed State Partnership," which consists of the BOE, the EDD, and the FTB, and the Internal Revenue Service (IRS) and includes information on income, payroll, SUT, as well as other taxes and fees. Although the Web site provides links to the appropriate forms, information, requirements, and payment options located on the BOE's, FTB's, EDD's, and the IRS' individual websites, it does not currently allow a taxpayer to access the taxpayer's records at the BOE, EDD, or FTB with one single logon. 5)What to Do ? This bill requires the FTB, BOE, and EDD to conduct a feasibility study on the development of a single AB 814 Page 6 Internet Web-based portal. However, as noted in the FTB analysis, this bill does not specify which department is in charge of drafting the report, when the report must be completed, or whether the findings must be presented to the Legislature. Without further clarification, this bill runs the risk of substantial duplication efforts by all three agencies. This bill is also unclear as to whether the feasibility study is required to build off of the current CTSC Web site or develop a new Web site from the ground up. The author may wish to consider amending this bill to specify the scope of the proposed feasibility study and to provide more direction to the agencies. 6)Implementation Considerations : The FTB noted the following in their analysis: Implementing this bill in the near term could add complexities and pose risks to current revenue generating information technology efforts. To study a virtual consolidation the scope, roles, and duties of each agency must be determined before a complete analysis of this bill's impact to the FTB can be ascertained. As this bill moves through the legislative process, the BOE, the EDD, and the FTB would need to develop an implementation plan that establishes the scope of the virtual consolidation and each agency's roles and duties. 7)Prior Legislation : a) SB 582 (Knight), of the 2013-14 Legislative Session, would have required the FTB, the BOE, and the EDD to conduct a feasibility study on the development of a single Internet Web-based portal that virtually consolidates the three agencies. SB 582 was vetoed. AB 814 Page 7 b) AB 833 (Harkey), of the 2013-14 Legislative Session, would have required the FTB, BOE, and EDD to conduct a feasibility study on the creation of a single Internet Web-based portal that virtually consolidates the three agencies. AB 833 was held on the Senate Appropriations Committee's Suspense File. c) SB 1326 (Harman), of the 2011-12 Legislative Session, would have required the FTB, BOE, and EDD to create a single Internet Web-based portal that virtually consolidates the three agencies. SB 1326 was held on the Senate Appropriations Committee's Suspense File. d) AB 77 (Gorell), of the 2011-12 Legislative Session, would have consolidated the FTB, EDD, and the California Department of Insurance into the BOE. AB 77 was never heard by this Committee. e) SB 1133 (Runner), introduced in the 2009-10 Legislative Session, was similar to AB 77. SB 1133 was held on the Senate Revenue and Taxation Committee's Suspense File. REGISTERED SUPPORT / OPPOSITION: Support None on file AB 814 Page 8 Opposition None on file Analysis Prepared by:Paul Kim / REV. & TAX. / (916) 319-2098