BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2749


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          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2749 (Brough) - As Amended May 3, 2016


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          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: 








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          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  








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            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,  








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            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

















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