BILL ANALYSIS Ó AB 2201 Page 1 Date of Hearing: April 20, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2201 (Brough) - As Introduced February 18, 2016 ----------------------------------------------------------------- |Policy |Revenue and Taxation |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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 AB 2201 Page 3 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