BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 814


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          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  








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               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  








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            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: 










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           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  








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            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  








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            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. 









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             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 











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          Opposition


          None on file




          Analysis Prepared by:Paul Kim / REV. & TAX. / (916) 319-2098