Legislature(2003 - 2004)

2004-05-09 Senate Journal

Full Journal pdf

2004-05-09                     Senate Journal                      Page 3524
SB 366                                                                                            
Senator Ben Stevens requested that the reconsideration on CS FOR                                    
SENATE BILL NO. 366(FIN)(fld S) "An Act relating to the levy and                                    
collection of sales and use taxes, and to the levy, collection, and                                 
expenditure of municipal taxes; and providing for an effective date" be                             
taken up. The bill was before the Senate on reconsideration.                                        
                                                                                                    
Senator Ben Stevens moved that the bill be returned to second reading                               
for the purpose of a specific amendment, that being Amendment No.                                   
1. Without objection, the bill was returned to second reading.                                      
                                                                                                    
Senator Ben Stevens offered Amendment No. 1 :                                                        
                                                                                                    
Page 1, line 1, through page 26, line 15:                                                           
          Delete all material and insert:                                                           
""An Act relating to taxation, including taxation of income of                                    
individuals, estates, and trusts; and providing for an effective                                  
date."                                                                                            
                                                                                                    

2004-05-09                     Senate Journal                      Page 3525
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                                                  
ALASKA:                                                                                           
                                                                                                    
   * Section 1.  The uncodified law of the State of Alaska is amended                             
by adding a new section to read:                                                                    
          PURPOSE.  The purpose of this Act is to create a sustainable                              
source of revenue to help balance the state budget.  Although the                                   
majority of the state's funding will be provided from other revenue                                 
sources, these sources do not provide sufficient revenue to balance the                             
budget.  A tax on income earned in the state, coupled with a credit                                 
based on taxes paid on the permanent fund dividend, is a fair and                                   
sustainable source of revenue.                                                                      
   * Sec. 2.  AS 43.05.240 is amended by adding a new subsection to                               
read:                                                                                               
                   (c)  A taxpayer who seeks redress from a tax imposed                             
          under this title on the grounds that a tax statute or regulation                          
          violates the Constitution of the United States, the Constitution                          
          of the State of Alaska, or is preempted by federal statute,                               
          regulation, or treaty shall file the return with a notice of                              
          protest and pay the tax.  The notice of protest initiates the                             
          informal conference process described in (a) of this section;                             
          however, if the taxpayer timely files an action in superior                               
          court under AS 43.05.275(c), the informal conference process                              
          is terminated.  A taxpayer who fails to file a notice of protest                          
          with the return is not entitled to a refund if the tax statute or                         
          regulation is determined to be unconstitutional.                                          
   * Sec. 3.  AS 43.05.275(a) is amended to read:                                                 
                   (a)  Except as provided in AS 43.20.021 an in (c) of                         
          this section, a claim for credit or refund of a tax under this                        
          title for which a taxpayer is required to file a return or pay a                          
          tax may be filed by the taxpayer                                                          
                           (1)  before the later of                                                
                                      (A)  three years from the time the                            
                   return was filed; or                                                             
                                      (B)  two years from the time the tax                          
                   was paid; or                                                                     
                             (2)  within two years from the time the tax                            
          was paid, if no return was filed.                                                         
   * Sec. 4.  AS 43.05.275(c) is amended to read:                                                 
                                                                                                    

2004-05-09                     Senate Journal                      Page 3526
                   (c)  A taxpayer who has filed a notice of protest                            
          with a  return and has  [,] paid the full amount due on the                       
          return as provided in AS 43.05.240(c) is considered to have                           
          [, AND] made a claim for a credit or refund of a tax under                            
          this title and [SECTION] may, without exhausting                                      
          administrative remedies, within 60 days after the date the                            
          protest and return were filed under AS 43.05.240(c), file                             
          an action in superior court to recover on the claim if the sole                           
          ground for appeal is that a tax statute is                                                
                             (1)  violative of the United States                                    
          Constitution;                                                                             
                             (2)  violative of the state constitution; or                           
                             (3)  preempted by federal statute, regulation,                         
          or treaty.                                                                                
   * Sec. 5.  AS 43.20 is amended by adding a new section to read:                                
                   Sec. 43.20.009.  Tax on individuals, estates, and                              
          trusts.  (a)  There is imposed for each taxable year an income                          
          tax, computed as provided in this section, on  every                                      
                             (1)  resident individual; and                                          
                             (2)  nonresident and part-year resident                                
          individual, estate, and trust, with income from sources in the                            
          state.                                                                                    
                   (b)  For a resident individual, the tax under this                               
          section is 31 percent of the federal income tax after federal                             
          credits and before other taxes.                                                           
                   (c)  For a nonresident or part-year resident individual,                         
          or for an estate or a trust, the tax under this section is 31                             
          percent of the federal income tax after federal credits and                               
          before other taxes, multiplied by a fraction, the numerator of                            
          which is income from sources in the state and the                                         
          denominator of which is income from all sources.                                          
                   (d)  In (c) of this section, "income" means total                                
          income before adjusted gross income, as required to be shown                              
          on the federal return.                                                                    
   * Sec. 6.  AS 43.20.030(a) is amended to read:                                                 
                   (a)  Every individual, trust, estate, partnership,                           
          and [IF A] corporation subject to tax under this chapter [,                       
          OR A PARTNERSHIP THAT HAS A CORPORATION AS                                                
          A PARTNER, IS] required to make a return of income under                              
          the provisions of the Internal Revenue Code [, IT] shall file                             

2004-05-09                     Senate Journal                      Page 3527
          with the department, within 30 days after the federal return is                           
          required to be filed, a return setting out                                                
                             (1)  the amount of tax due under this chapter,                         
          less allowable credits and payments claimed against the tax;                      
          and                                                                                       
                             (2)  other information that the department                         
          requires for the purpose of carrying out the provisions of this                       
                   chapter [THAT THE DEPARTMENT REQUIRES].                                         
   * Sec. 7.  AS 43.20.030(d) is amended to read:                                                 
                   (d)  A taxpayer, upon request by the department, shall                           
          file with the taxpayer's state return [FURNISH TO THE                                 
          DEPARTMENT] a true [AND CORRECT] copy of the tax                                          
          return [WHICH THE TAXPAYER HAS] filed with the                                            
          United States Internal Revenue Service.  Every taxpayer shall                             
          file an amended return with [NOTIFY] the department, and                          
          remit any additional tax and interest due, within [IN                                 
          WRITING OF ANY ALTERATION IN, OR                                                          
          MODIFICATION OF, THE TAXPAYER'S FEDERAL                                                   
          INCOME TAX RETURN AND OF A RECOMPUTATION                                                  
          OF TAX OR DETERMINATION OF DEFICIENCY,                                                    
          WHETHER WITH OR WITHOUT ASSESSMENT.  A                                                    
          FULL STATEMENT OF THE FACTS MUST                                                          
          ACCOMPANY THIS NOTICE.  THE NOTICE SHALL BE                                               
          FILED WITHIN] 60 days after a [THE] final determination                               
          of the taxpayer's federal tax liability [MODIFICATION,                                
          RECOMPUTATION OR DEFICIENCY, AND THE                                                      
          TAXPAYER SHALL PAY THE ADDITIONAL TAX OR                                                  
          PENALTY UNDER THIS CHAPTER].  For purposes of this                                        
          subsection [SECTION], a final determination means                                 
          [SHALL MEAN] the date [TIME] that an amended federal                                  
          return is filed, the date a federal [OR A NOTICE OF                                   
          DEFICIENCY OR AN] assessment is made, or the date the                                 
          restrictions on assessment are waived by [MAILED TO]                                  
          the taxpayer [BY THE INTERNAL REVENUE SERVICE,                                            
          EXCEPT THAT IN NO EVENT WILL THERE BE A                                                   
          FINAL DETERMINATION FOR PURPOSES OF THIS                                                  
          SECTION UNTIL THE TAXPAYER HAS EXHAUSTED                                                  
          RIGHTS OF APPEAL UNDER FEDERAL LAW].                                                      
   * Sec. 8.  AS 43.20.030 is amended by adding a new subsection to                               
read:                                                                                               

2004-05-09                     Senate Journal                      Page 3528
                   (h)  In satisfaction of the requirements of (a) of this                          
          section, a family unit shall file a single consolidated state                             
          return for all individuals in the family unit.  For purposes of                           
          this subsection,                                                                          
                             (1)  "consolidated state return" means a                               
          return that reports and aggregates, for all individuals in a                              
          family unit, the sum of all                                                               
                                      (A)  federal income taxes, after                              
                   federal credits and before other taxes; and                                      
                                      (B)  state credits under                                      
                   AS 43.20.046;                                                                    
                             (2)  "family unit" means all resident                                  
          individuals for whom a personal exemption is claimed on a                                 
          federal income tax return.                                                                
   * Sec. 9.  AS 43.20.031(c) is amended to read:                                                 
                   (c)  In computing the tax under this chapter, a                              
          corporation [THE TAXPAYER] is not entitled to deduct any                              
          taxes based on or measured by net income.                                                 
   * Sec. 10.  AS 43.20.040 is repealed and reenacted to read:                                    
                   Sec. 43.20.040.  Income from sources in the state.                             
          (a)  In this chapter, income from sources in the state includes                           
                             (1)  compensation for personal services                                
          rendered in the state;                                                                    
                             (2)  working in the state for salary or wages;                         
                             (3)  income from real or tangible personal                             
          property located in the state;                                                            
                             (4)  income from stocks, bonds, notes, bank                            
          deposits, and other intangible personal property having a                                 
          taxable or business situs in the state; however, the receipt of                           
          interest income from intangible property in the state does not                            
          alone establish a taxable or business situs in the state;                                
                             (5)  rentals and royalties for the use of or for                       
          the privilege of using, in the state, patents, copyrights, secret                         
          processes and formulas, good will, marks, trade brands,                                   
          franchises, and other property having a taxable or business                               
          situs in the state;                                                                       
                             (6)  income distributed from a trust                                   
           established under or governed by the laws of the state;                                 
                                                                                                    
                                                                                                    

2004-05-09                     Senate Journal                      Page 3529
                             (7)  income of a trust established under or                            
          governed by the laws of the state and income of the estate of a                           
          decedent who on the date of death was domiciled in the state;                             
                             (8)  income, from a source with a taxable or                           
          business situs in the state, of                                                           
                                      (A)  a trust not established under or                         
                    governed by the laws of the  state; or                                         
                                      (B)  the estate of a decedent who on                          
                   the date of death was not domiciled in the state;                                
                             (9)  income of whatever nature from a source                           
          with a taxable or business situs in the state.                                            
                   (b)  In this section, income is from a source with a                             
          taxable or business situs in the state if it is attributed to or                          
          derived from                                                                              
                             (1)  business facilities or property in the                            
          state;                                                                                    
                             (2)  business, farming, or fishing activities in                       
          the state;                                                                                
                             (3)  conducting in the state the management                            
          or investment function for intangible property;                                           
                             (4)  a partnership, limited liability company,                         
          estate, or trust conducting business activities in the state;                             
                             (5)  a corporation transacting business                                
          activities in the state that has elected to file federal returns                          
          under subchapter S of the Internal Revenue Code;                                          
                             (6)  any other activity from which income is                           
          received, realized, or derived in the state.                                              
                   (c)  If a business, trade, or profession is carried on                           
          partly inside and partly outside the state, other than the                                
          rendering of purely personal services by an individual, the                               
          income from sources in the state shall be determined as                                   
          provided in AS 43.19.                                                                     
   * Sec. 11.  AS 43.20 is amended by adding a new section to article 1                           
to read:                                                                                            
                   Sec. 43.20.046.  Individual, trust, and estate tax                             
          credits.  (a)  For a resident, a trust established under or                             
          governed by the laws of this state, or the estate of a decedent                           
          who on the date of death was domiciled in this state, the                                 
          income tax imposed on that resident, trust, or estate by                                  
          another state or territory of the United States for the taxable                           

2004-05-09                     Senate Journal                      Page 3530
          year, on income derived from sources in that state or territory,                          
          is allowed as a credit against the tax under this chapter.                               
                   (b)  The credit under (a) of this section is determined                          
          by multiplying the tax computed under this chapter by a                                   
          fraction, the numerator of which is the income derived from                               
          sources in the other state or territory and the denominator of                            
          which is income derived from all sources.   The credit under                              
          (a) of this section may not exceed the actual tax paid to the                             
          other state or territory.                                                                 
                   (c)  For each personal exemption claimed on the                                  
          federal return, 33 percent of the amount of the Alaska                                    
          permanent fund dividend under AS 43.23.045 is allowed as a                                
          credit against the tax under this chapter if the individual for                           
          whom the personal exemption is claimed received the                                       
          dividend in the taxable year.                                                             
                   (d)  To the extent required by federal law, an                                   
          individual is allowed as a credit against the tax under this                              
          chapter 10.2 percent of interest received by the individual in                            
          the taxable year upon obligations unconditionally backed by                               
          the full faith and credit of the United States.                                           
                   (e)  An individual, estate, or trust is allowed only the                         
          state credits provided in this section.  The total state credit                           
          allowed under this section may not exceed the tax liability for                           
          the taxable year for the individual except that, for an                                   
          individual in a family unit who files a consolidated state                                
          return under AS 43.20.030(h), the aggregate credit of all                                 
          individuals in the family unit may not exceed the aggregate                               
          tax liability of all individuals in the family unit.  A credit may                        
          not be carried, in whole or in part, to a different taxable year.                         
   * Sec. 12.  AS 43.20.160(c) is amended to read:                                                
                   (c)  The department shall prescribe and furnish all                              
          necessary forms, and adopt and publish all necessary                                      
          regulations in plain and concise language conformable with                                
          this chapter for the assessment and collection of the taxes                               
          imposed by this chapter.  [THE DEPARTMENT SHALL                                           
          APPLY AS FAR AS PRACTICABLE THE                                                           
          ADMINISTRATIVE AND JUDICIAL INTERPRETATIONS                                               
          OF THE FEDERAL INCOME TAX LAW.  THE                                                       
          DEPARTMENT SHALL ALSO PREPARE A CONCISE                                                   
          STATEMENT OF THE CONTENTS OF THE CODE                                                     

2004-05-09                     Senate Journal                      Page 3531
          SECTIONS REFERRED TO IN THIS CHAPTER FOR THE                                              
          INFORMATION OF THE TAXPAYER AND MAKE THEM                                                 
          AVAILABLE TO THE TAXPAYER MAKING A                                                        
          RETURN].                                                                                  
   * Sec. 13.  AS 43.20 is amended by adding a new section to read:                               
                   Sec. 43.20.171.  Tax withholding on wages of                                   
          individuals.  (a)  Every employer  making payment of wages,                             
          salaries, or crew shares                                                                  
                             (1)  shall deduct and withhold an amount of                            
          tax computed in a manner to  approximate the amount of tax                                
          due on those wages, salaries, or crew shares under this chapter                           
          for that taxable year;                                                                    
                             (2)  shall remit the tax withheld to the                               
          department accompanied by a return on a form prescribed by                                
          the department at the times required by the department by                                 
          regulation;                                                                               
                             (3)  is liable for the payment of the tax                              
          required to be deducted and withheld under this section but is                            
          not liable to any individual for the amount of the payment;                               
          and                                                                                       
                             (4)  shall furnish to the employee on or                               
          before January 31 of the succeeding year, or within 30 days                               
          after a request by the employee after the employee's                                      
          termination if the 30-day period ends before January 31, a                                
          written statement on a form prescribed by the department                                  
          showing                                                                                   
                                      (A)  the name and taxpayer                                    
                    identification number of the employer;                                         
                                      (B)  the name and social security                             
                   number of the employee;                                                          
                                      (C)  the total amount of wages,                               
                   salary, or crew shares for the taxable year; and                                 
                                      (D)  the total amount deducted and                            
                    withheld as tax for the taxable year.                                          
                   (b)  The department shall publish the rate of                                    
          withholding required by this section.                                                     
                   (c)  In this section,                                                            
                             (1)  "employee" includes an individual who                             
          receives compensation on a crew share basis in connection                                 
          with a commercial fishing activity;                                                       

2004-05-09                     Senate Journal                      Page 3532
                             (2)  "employer" includes a person who pays                             
          compensation to an individual on a crew share basis in                                    
          connection with a commercial fishing activity.                                            
   * Sec. 14.  AS 43.20.200(b) is amended to read:                                                
                   (b)  The same period of limitation upon the                                      
          assessment and collection of taxes imposed under this chapter                             
          and the same exceptions to it shall apply as provided in 26                               
          U.S.C. 6501 - 6503 (Internal Revenue Code).  In the case of                               
          additional tax due by reason of a modification, recomputation,                            
          or determination of deficiency in a taxpayer's federal income                             
          tax return, the period of limitation on assessment commences                              
          from the date that the amended return [NOTICE] required in                            
          AS 43.20.030(d) is filed, and if no amended return                                    
            [NOTICE] is filed the tax may be assessed at any time.                                 
   * Sec. 15.  AS 43.20.340 is amended by adding new paragraphs to                                
read:                                                                                               
                             (12)  "domicile" means the place where an                              
          individual has established a true permanent home and                                      
          principal establishment to which the individual has the                                   
          intention of returning whenever absent;                                                   
                             (13)  "individual" means a natural person,                             
          married or unmarried, adult or  minor, subject to payment of                              
             income tax under 26 U.S.C. (Internal Revenue Code);                                   
                             (14)  "nonresident" means an individual who                            
          is not a resident or part-year resident;                                                  
                             (15)  "resident" means an individual who, for                          
          the entire taxable year,  was domiciled in the state or resided                           
          in the state.                                                                             
   * Sec. 16.  AS 43.20.010, 43.20.013, 43.20.200(a), and 43.20.300                               
are repealed.                                                                                       
   * Sec. 17.  TRANSITION: REGULATIONS.  Notwithstanding sec.                                     
20 of this Act, the Department of Revenue may proceed to adopt                                      
regulations necessary to implement the provisions of this Act.  The                                 
regulations take effect under AS 44.62 (Administrative Procedure                                    
Act), but not before January 1, 2005.                                                               
   * Sec. 18. SEVERABILITY.  Under AS 01.10.030, if any provision                                 
of this Act, or the application of a provision of this Act to any person                            
or circumstance is held invalid, the remainder of this Act and the                                  
application to other persons is not affected.                                                       
                                                                                                    

2004-05-09                     Senate Journal                      Page 3533
   * Sec. 19.  Section 17 of this Act takes effect immediately under                              
AS 01.10.070(c).                                                                                    
   * Sec. 20.  Except as provided in sec. 19 of this Act, this Act takes                          
effect January 1, 2005."                                                                            
                                                                                                    
Senator Ben Stevens called the Senate. The call was satisfied.                                      
                                                                                                    
Senator Ben Stevens moved for the adoption of Amendment No. 1.                                      
Objections were heard.                                                                              
                                                                                                    
Senator Ellis rose to a point of order. President Therriault cautioned                              
members to proceed in order.                                                                        
                                                                                                    
Senator Ben Stevens rose to a point of personal privilege.                                          
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 366(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Elton, Hoffman, Lincoln, Stevens B                                                           
                                                                                                    
Nays:  Bunde, Cowdery, Davis, Dyson, Ellis, French, Green, Guess,                                   
Ogan, Olson, Stedman, Stevens G, Therriault, Wagoner, Wilken                                        
                                                                                                    
Excused:  Seekins                                                                                   
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 366(FIN) was automatically in third                                          
reading on reconsideration.                                                                         
                                                                                                    
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
366(FIN) "An Act relating to the levy and collection of sales and use                               
taxes, and to the levy, collection, and expenditure of municipal taxes;                             
and providing for an effective date" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
                                                                                                    

2004-05-09                     Senate Journal                      Page 3534
                                                                                                    
CSSB 366(FIN)                                                                                       
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Stevens B, Wilken                                                            
                                                                                                    
Nays:  Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman,                                   
Lincoln, Ogan, Olson, Stedman, Stevens G, Therriault, Wagoner                                       
                                                                                                    
Excused:  Seekins                                                                                   
                                                                                                    
and so, CS FOR SENATE BILL NO. 366(FIN) failed to pass the                                          
Senate on reconsideration.                                                                          
                                                                                                    
CS FOR SENATE BILL NO. 366(FIN)(fld S) was referred to the                                          
Secretary permanent filing.