BILL ANALYSIS Ó AB 2749 Page 1 Date of Hearing: May 11, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2749 (Brough) - As Amended May 3, 2016 ----------------------------------------------------------------- |Policy |Revenue and Taxation |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill allows a heavy equipment renter to add an estimated property tax reimbursement to the rental price of heavy equipment that is paid by the lessee. Specifically, this bill: AB 2749 Page 2 1)Creates a rebuttable presumption that the renter and lessee agree to the personal property tax reimbursement if the following conditions are met: a) The personal property tax reimbursement is part of the rental agreement; b) The estimated tax reimbursement is separately stated and charged on the rental agreement; c) The rental agreement states that the reimbursement amount is the amount estimated by the renter owed for personal property tax, and any excess amount of the actual property tax owed will be remitted to the BOE for deposit to the General Fund; and, d) The estimated property tax reimbursement is not more than 0.75% of the rental price of the heavy equipment property. 1)Defines "heavy equipment property" and "qualified heavy equipment renter" for the purposes of the property tax reimbursement. 2)Requires every qualified heavy equipment renter to register with BOE on a form that BOE prescribes. 3)Requires a qualified heavy equipment renter to file a return with BOE on or before September 30 for the preceding 12-month period ending August 31. This return will show the ad valorem AB 2749 Page 3 property tax levied on qualified heavy equipment property and the reimbursement collected in total for the prior 12 months. If a qualified renter collected more in reimbursement than the tax that was levied, the renter must pay the BOE the excess reimbursement to be deposited into the General Fund (GF). FISCAL EFFECT: 1) Significant one-time costs to BOE in excess of $250,000 to develop infrastructure and processes needed for implement the proposed property tax reimbursement program for heavy equipment rentals. 2) Possible minor GF revenue increases in the event that a heavy equipment renter is reimbursed an amount in excess of actual personal property tax owed, which under this bill would result in the renter paying the difference into the GF. COMMENTS: 1)Purpose. According to the author, this bill is intended to authorize heavy equipment rental companies to separately state an amount for property tax reimbursement and protect these companies from future legal challenges over this separately stated charge. 2)Background. Under existing law, personal property used in a trade or business is generally taxable. Property owners must file an annual property statement with the county assessor to report the cost of the property, and the assessor values the personal property at its current fair market value. Generally, AB 2749 Page 4 the assessor determines the current fair market value based on the property's acquisition cost with adjustments for inflation and depreciation. Personal property intended for rent in the regular course of business that is not rented on the January 1 lien date is exempt from taxation for the upcoming fiscal year (July 1 to June 30). That property is regarded as business inventory on that particular day, even if the property is rented in the regular course of business for the other 364 days of the year. According to the Legislative Analyst's Office, this results in heavy equipment renters paying property taxes on around 60 to75% of their rental stock. According to the author's office, heavy equipment rental companies face certain administrative challenges when complying with the property tax on personal property. This includes complex paperwork requirements and disagreements with county assessors across multiple jurisdictions about the assessed value of rental property. Analysis Prepared by:Luke Reidenbach / APPR. / (916) 319-2081 AB 2749 Page 5