BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 540|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   THIRD READING 


          Bill No:  SB 540
          Author:   Hertzberg (D)
          Amended:  4/15/15  
          Vote:     21  

           SENATE GOVERNANCE & FIN. COMMITTEE:  7-0, 4/22/15
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,  
            Pavley

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/4/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Franchise Tax Board:  Taxpayers' Rights Advocate


          SOURCE:    Author


          DIGEST:  This bill repeals the sunset provision and removes the  
          relief amount limit for the Taxpayer Advocate Equity Relief  
          Program (Program).


          ANALYSIS:   


          Existing law:


          1)Authorizes the Taxpayers' Rights Advocate to resolve taxpayer  
            issues identified by the Franchise Tax Board (FTB), and to  
            grant relief from penalties, fees, or interest attributable to  
            any of the following:








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                 Erroneous action or erroneous inaction by FTB in  
               processing documents filed or payments made by taxpayers.

                 Unreasonable delay caused by FTB.

                 Erroneous written advice that does not qualify for  
               relief under the Chief Counsel's authority.

          1)Allows the Taxpayers' Rights Advocate to grant relief only in  
            situations where no significant aspect of the error is  
            attributable to the taxpayer and relief is unavailable under  
            any other statute or regulation.

          2)Allows a maximum relief amount of $7,600, and relief in excess  
            of $509 must be approved by FTB's Executive Officer.

          3)Sunsets on January 1, 2016.

          This bill:


          1)Removes the sunset provision and the limit on the amount of  
            relief that shall be granted.  


          2)Specifies the retention period to be at least one year for  
            records of relief granted. 


          3)Allows the Taxpayers' Rights Advocate to grant relief in  
            coordination with FTB's Chief Counsel.

          Comments
          
          The Taxpayers' Rights Advocate.  In 1988, the Katz-Harris  
          Taxpayers' Bill of Rights Act codified many existing FTB  
          administrative procedures and clarified the rights of California  
          taxpayers.  It also established the position of a Taxpayers'  
          Rights Advocate to provide specified protections for taxpayers,  
          including a resolution of taxpayer complaints and problems.  On  
          July 30, 1996, the federal Taxpayer Bill of Rights was passed,  
          and later, California followed by enacting the Taxpayers'  







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          Rights:  Conformity Legislation.  A few years later, the  
          California Legislature created the Taxpayers' Bill of Rights Act  
          of 1999, further increasing protection of taxpayers' rights. 

          The Taxpayers' Rights Advocate reports directly to the FTB's  
          Executive Officer.  The Taxpayers' Rights Advocate or his/her  
          designee coordinates the resolution of taxpayer complaints and  
          problems, and, if appropriate, may postpone enforcement action  
          while the case is under review.  In 2008, the Legislature  
          temporarily provided the Taxpayers' Rights Advocate with the  
          discretionary authority to grant relief to taxpayers under  
          limited circumstances.  Specifically, beginning in 
          January 1, 2009, the Taxpayers' Rights Advocate was allowed to  
          provide relief from penalties, fees, additions to tax, or  
          interest imposed on a taxpayer because of erroneous actions or  
          inactions of the FTB.  
          Is the Taxpayers' Rights Advocate's permanent authority  
          justified?  FTB notes that, in the absence of the Taxpayers'  
          Rights Advocate's authority to grant relief, eligible taxpayers  
          do have other avenues for obtaining relief from penalties, fees,  
          additions to tax or interest.  For example, taxpayers may appeal  
          to the State Board of Equalization, file a lawsuit for refund of  
          taxes with a court, or file a claim with the Victim Compensation  
          and Government Claims Board for refund of tax or losses caused  
          by the action or inaction of a state agency.  However, in those  
          cases, the taxpayers most likely will have to incur additional  
          costs, which may exceed the amount of penalties, interest, or  
          other additions to tax.  FTB argues that the Taxpayers' Rights  
          Advocate has prudently applied the discretionary authority and  
          it is time to re-enact the law without the sunset provision.  

          Use of the Program.  Since the enactment of the law on January  
          1, 2009, there have been three occurrences where the Taxpayers'  
          Rights Advocate exercised its authority and provided relief to  
          taxpayers.  These occurrences are described below:  

           Interest was abated in the amount of $2,100 for a taxpayer  
            because of an erroneous action of processing the taxpayer's  
            return.

           Interest was abated in the amount of $1,800 for a taxpayer  
            because of an unreasonable delay in issuing a bill because of  
            a technology upgrade.  








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           Interest totaling $1.1 million was abated for a group of 50  
            taxpayers including multiple years because of erroneous  
            written advice contained in the California Fiduciary tax form  
            instructions.  The relief granted to each taxpayer was below  
            the statutory limit.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee, FTB  
          anticipates that the authority provided in this bill will result  
          in a minor General Fund impact.  The actual impact is impossible  
          to estimate because it will be attributable to future errors and  
          delays caused by FTB and will depend upon the magnitude of any  
          impacts on taxpayers affected by those errors and delays.




          SUPPORT:   (Verified5/5/15)


          California Taxpayers Association 
          Franchise Tax Board


          OPPOSITION:   (Verified5/5/15)


          None received

          ARGUMENTS IN SUPPORT:  According to the author, "Filing taxes  
          can be challenging; it's even more frustrating for individuals  
          who fall victim to administrative errors and delays from the tax  
          collection agency.  SB 540 improves the Taxpayers' Rights  
          Advocate program at the California Franchise Tax Board (FTB).   
          This program allows the Taxpayer Advocate to abate a taxpayer's  
          penalties, interest, and fees that occur because of erroneous  
          actions by the Franchise Tax Board's staff.  Legislation created  
          this program in 2009 and it is set to expire on January 1, 2016.  
           SB 540 would make improvements to the current program by  
          removing a burdensome application process for taxpayers,  
          removing the dollar limitation on the abatement amount, and by  







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          clarifying that the Chief Counsel approves each request. SB 540  
          will extend and make permanent this valuable taxpayer relief  
          program." 


          Prepared by:  Myriam Bouaziz / GOV. & F. / (916) 651-4119
          5/6/15 17:02:38


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