BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 640  


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          Date of Hearing:  August 26, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 640  
          (Beall) - As Amended August 18, 2015


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          |Policy       |Revenue and Taxation           |Vote:|9 - 0        |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill authorizes a customer to file a claim for refund of  
          excess sales and use tax paid by the customer in an amount of  
          $1,000 or greater, allowing the Board of Equalization (BOE) to  
          make a direct refund to the customer.  The bill requires  
          merchants to make records available to BOE for purposes of  
          excess tax payment verification and requires BOE to publish any  
          proposed determination with respect to amounts in excess of  
          $50,000 prior to final determination.


          FISCAL EFFECT:









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          1)Estimated one-time administrative costs of $5.4 million in FY  
            2015-16, and ongoing annual administrative costs of  
            approximately $6.6 million thereafter to create and modify  
            systems to track and issue refunds, likely General Fund.


          2)Unknown, but potentially significant GF revenue decreases as a  
            result of additional refunds.


          COMMENTS:


          1)Purpose.  According to the author, this bill streamlines the  
            process by which a customer can file and receive a refund of  
            excess sales tax.  Current law requires BOE to refund any  
            excess sales tax to the retailer that collected and remitted  
            the tax, even though retailers pass the tax costs to the  
            consumers.  As a result, customers who have a legitimate claim  
            to sales tax refund are not able to access it unless the  
            retailer is willing or able to file a claim on their behalf.   
            This bill allows a customer to apply directly to BOE for sales  
            tax refunds in instances where the excess tax paid is $1,000  
            or more, which the author believes will improve access and  
            shorten the refund process.


            Supporters, led by the California Taxpayers Association, argue  
            the bill will also improve business efficiency by eliminating  
            the need for retailers to respond to customer refund requests  
            and inquiries and process and issue refund payments.


          2)Retailer Participation Still Required.  Though this bill  
            expedites the process by which customers may request sales tax  
            refunds, and arguably improves the alignment of interests of  
            the ultimate bearer of sales tax with the refund process, the  
            bill still requires BOE to access retailer records in order to  








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            verify payment of the tax and ensure the customer has not been  
            refunded by the retailer.  Since customer records are not  
            normally sent to BOE as part of remitting sales tax, the  
            process will require BOE to request additional retailer data  
            instead of relying on retailer remittance data to verify tax  
            payments.  Furthermore, retailers can currently claim refunds  
            on behalf of multiple customers, allowing BOE to adjudicate  
            many potential claims in one process.  As a result, the  
            efficiency gains anticipated by allowing customers to request  
            sales tax refunds directly may be limited.


          3)Business Benefit.  This bill began as a response, at least in  
            part, to a California Supreme Court decision that held  
            customers cannot challenge a retailer's sales tax  
            determination because the retailer, and not the customer, is  
            the legal taxpayer.  In the case, Target had not sought a  
            determination from BOE on whether hot coffee purchased "to go"  
            was subject to sales tax, but had charged and remitted sales  
            tax on the beverages.  The court held only Target could apply  
            for a refund under current law.


            While this bill provides customers an opportunity to apply  
            directly for a refund, it limits the opportunity to instances  
            in which the excess sales tax exceeds $1,000 and the entire  
            claim amount is owed to a single customer.  As a result, the  
            bill specifically excludes everyday customers and ordinary  
            transactions, and may limit retailers' ability to claim  
            refunds for excess taxes relating to multiple customers.


            Instead, this bill benefits businesses that make purchases  
            generating substantial sales tax (like capital equipment).   
            While business customers are certainly entitled to swift  
            resolution of improper overpayments of tax, it is less clear  
            whether the current retailer-controlled system is insufficient  
            to resolve these cases.  Many business customers are  
            important, repeat clients to retailers, and therefore the  








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            incentives for those retailers to resolve improper tax  
            payments are arguably much greater than for retailers seeking  
            refunds on behalf of individual shoppers.





          Analysis Prepared by:Joel Tashjian / APPR. / (916)  
          319-2081