BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2365


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          Date of Hearing:   May 25, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2365 (Gipson) - As Amended May 16, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill excludes from the Sales and Use Tax (SUT) Law a  
          pawnbroker's receipts from a transaction where customers buy  
          back their property after defaulting on a loan. This exclusion  
          is operative on taxable years starting on January 1, 2017, and  
          before January 1, 2022. 


          FISCAL EFFECT:


          Annual state and local revenue loss of approximately $33,000. 









                                                                    AB 2365


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          COMMENTS:


          1)Purpose. According to the author, AB 2365 provides a fair  
            taxing structure for consumers who are trying to reacquire  
            their seized collateral from a pawn shop. The BOE, who is a  
            sponsor, argues that this bill resolves a confusing area of  
            the law and eliminates a barrier for some customers seeking to  
            regain ownership of their former property.
          2)Pawnbrokers and sales tax. Every pawnbroker loan for which  
            goods are received as security must be evidenced by a written  
            contract, and the loan contract must set forth the loan period  
            and the date on which the loan will become due and payable.  
            Pawnbrokers are required by law to retain every article  
            pledged for the duration of the applicable loan period.   


            If any pledged article is not redeemed during the loan period  
            and the customer and pawnbroker do not mutually agree in  
            writing to extend the loan period, the pawnbroker must notify  
            the customer within one month after the loan period expires.  
            This notice works to extend the right of redemption for a  
            period of 10 days from the date of mailing or electronic  
            transmission of that notice.   


            If any pledged article is not redeemed within the 10-day  
            notice period, the pawnbroker becomes automatically vested  
            with title to the pledged article. The pawnbroker may then  
            sell or dispose of the property as he or she wishes.  
            Pawnbrokers are considered retailers under the SUT Law as they  
            are in the business of making retail sales of tangible  
            personal property (TPP). As such, tax applies to pawnbroker  
            sales to the same extent as sales by any other retailer of TPP  
            in this state.  When a customer seeks to repurchase the  
            collateral, the transaction constitutes a retail sale.










                                                                    AB 2365


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