BILL ANALYSIS Ó SB 640 Page 1 Date of Hearing: August 26, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 640 (Beall) - As Amended August 18, 2015 ----------------------------------------------------------------- |Policy |Revenue and Taxation |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- 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: SB 640 Page 2 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 SB 640 Page 3 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 SB 640 Page 4 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