BILL ANALYSIS                                                                                                                                                                                                    Ó






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 640|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  SB 640
          Author:   Beall (D), et al.
          Amended:  6/2/15  
          Vote:     21  

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

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Sales and use taxes:  claim for refund:  customer  
                     refunds


          SOURCE:    Author


          DIGEST:  This bill authorizes a retailer to make an irrevocable  
          election to assign the right to file a claim for refund of  
          excess sales tax reimbursement in the amount of $1,000 or  
          greater to a single customer so that the Board of Equalization  
          (BOE) may directly refund the amount to the customer.


          ANALYSIS:   Existing law allows BOE to issue a refund for excess  
          sales tax reimbursement only to the retailer that collected and  
          reported the tax.


          This bill:

          1)Authorizes BOE to refund excess sales tax reimbursement to the  








                                                                     SB 640  
                                                                    Page  2


            customer who was overcharged upon the retailer's irrevocable  
            assignment of the right to file a claim for refund and to  
            receive the refund. 

          2)Only allows refunds of $1,000 or more to a single customer. 

          3)Requires the retailer and the customer to sign the irrevocable  
            assignment and submit it to the BOE with the customer's claim  
            for refund.

          Background


          State law imposes a sales tax on retailers for the privilege of  
          selling tangible personal property, absent a specific exemption.  
           The tax is based upon the retailer's gross receipts from sales  
          in this state.  BOE must credit against any other amounts due  
          from the person from whom the excess amount was collected or, by  
          whom it was paid.  


          When a customer remits sales tax to a retailer, but the  
          transaction is either not taxable or is in excess of the taxable  
          amount, the retailer must return the amount paid to the customer  
          or remit it to the state.  The customer cannot obtain a refund  
          directly from BOE.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No
          
          According to the Senate Appropriations Committee, BOE would  
          likely incur costs in the hundreds of thousands of dollars  
          annually to implement the provisions of the bill.


          SUPPORT:   (Verified5/29/15)


          California Chamber of Commerce
          California Manufacturers & Technology Association
          California Retailers Association
          California Society of CPAs 
          California State Board of Equalization







                                                                     SB 640  
                                                                    Page  3


          California Taxpayers Association
          Matson Inc.
          Ryan
          TechAmerica
          TechNet


          OPPOSITION:   (Verified5/29/15)


          None received


          ARGUMENTS IN SUPPORT:     According to the author, "SB 640 would  
          streamline the process by which a customer files for and  
          receives a refund of excess sales tax from the Board of  
          Equalization (BOE).  Currently, the Revenue and Taxation Code  
          requires the BOE to refund any overpayment of use tax directly  
          to the purchaser, even though the retailer collected and  
          remitted the tax.  This process is different for excess sales  
          tax reimbursement.  Current statute requires the BOE to refund  
          excess sales tax only to the retailer that collected and  
          reported the tax.  This creates a situation where the retailer  
          serves as the middleman between customers and the BOE.   
          Unfortunately, customers who are rightfully owed a sales tax  
          refund are not able to access it if the retailer is not willing  
          or able to file a claim for the refund on their behalf.   
          Additionally, there have been instances where customers were not  
          given the refunds once the retailer received them from the BOE.   
          SB 640 would allow, under limited circumstances, a retailer to  
          assign to a customer the right to access their sales tax refund  
          directly from the BOE.  This would shorten the refund process by  
          approximately two to three months and eliminate processing by  
          the retailer as the middleman.  This bill will enable customers  
          to receive refunds in a more expeditious fashion and ease the  
          workload of certain retailers who will no longer be required to  
          issue refund checks themselves, nor file a claim for refund on  
          the customer's behalf.  SB 640 is a common sense measure that  
          increases government efficiency and gets California businesses  
          the money they are owed in a timely manner."  


           








                                                                     SB 640  
                                                                    Page  4



          Prepared by:Myriam Bouaziz / GOV. & F. / (916) 651-4119
          6/2/15 15:28:58


                                   ****  END  ****