BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2201


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          Date of Hearing:  April 20, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2201 (Brough) - As Introduced February 18, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill permanently reinstates an expired provision that  
          allows the Board of Equalization (BOE) to impose one-day's  
          interest on a late electronic payment in cases if the payment is  
          one day late and board members find it would be inequitable to  
          impose interest for an entire month. 


          FISCAL EFFECT:








                                                                    AB 2201


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          An estimated state and local revenue loss of $78,000. 


          COMMENTS:


          1)Purpose. According to BOE, the sponsor, this bill would  
            restore a provision that expired on January 1, 2016 that  
            allows BOE to have flexibility in how it addresses the  
            inequity of applying an entire month's interest to an  
            electronic tax payment that is paid one day late, due to  
            reasonable circumstances. 


          2)Background. Under current law, a person must pay a 10% penalty  
            on a late payment to the BOE, plus interest. Unlike the  
            Franchise Tax Board (FTB) and the Employment Development  
            Department (EDD), interest is charged on monthly basis rather  
            than daily basis. In cases where the payment is a single day  
            late, BOE has developed policies to provide some reasonable  
            relief to taxpayers. In 1999, BOE established a uniform policy  
            allowing it to accept payments or documents mailed or  
            delivered in an envelope postmarked one day after the due date  
            as timely. In 2010, a similar policy was extended to  
            electronic payments, allowing the BOE to charge just one day's  
            interest on electronic payments that were one day late rather  
            than an entire month's worth of interest, if the BOE finds  
            that it would be inequitable to impose the full interest. That  
            particular provision expired in January 2016.  


           3)Who benefits? Unlike the BOE's one-day grace period for  
            postmarked payments that applies uniformly to all taxpayers,  
            the interest relief proposed by this bill is not available to  
            a person unless, in addition to all other requirements, the  
            BOE has already relieved the person from all penalties that  
            applied to the payment of tax, fee or surcharge.  Under  








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            current law, the BOE may only relieve a person from penalties  
            if it finds that the person's failure to make a payment in a  
            timely manner was due to reasonable cause and circumstances  
            beyond the person's control, and occurred notwithstanding  
            ordinary care and the absence of willful neglect.  Supporters  
            of the current policy contend that it is appropriate to have a  
            more stringent late policy for electronic payments than mailed  
            payments because the taxpayer has greater control over the  
            electronic payment submission process than one reliant on the  
            U.S. Postal Service or other delivery service - the taxpayer  
            cannot blame a third party for the delay.  


           Analysis Prepared by:Luke Reidenbach / APPR. / (916)  
          319-2081