Legislature(1997 - 1998)

02/25/1998 01:40 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HOUSE BILL NO. 239                                                             
                                                                               
"An Act relating to the liability of motor fuel                                
dealers for payment of tax imposed on certain credit                           
transactions involving motor fuel sales or transfers                           
that become worthless debts or on sales or transfers                           
to persons who declare bankruptcy; and providing for                           
an effective date."                                                            
                                                                               
REPREESNTATIVE GARY DAVIS explained that the Alaska motor                      
fuel tax is an excise tax designed to be paid by the                           
consumer or user of the fuel.  For administrative reasons,                     
state law requires the tax to be collected and paid by the                     
motor fuel wholesaler at the time the fuel is sold or                          
transferred.  As a practical matter, the transaction often                     
occurs at the wholesale level with businesses that                             
subsequently resell the fuel to the consumer or user of the                    
fuel.                                                                          
                                                                               
Representative G. Davis continued, in commercial                               
transactions of this nature, it is customary to extend                         
reasonable credit terms that may result in a deferral or                       
delay in the collection of both the debt and the motor fuel                    
tax by the dealer.  In some cases, the debt may become                         
wholly or partially worthless because of a bankruptcy                          
filing.                                                                        
                                                                               
HB 239 would allow motor fuel dealers in these cases to                        
receive a nonrefundable credit in an amount equal to the                       
tax previously remitted to the State.  The credit would                        
only be applied against subsequent tax liabilities, and                        
could only be taken for sales with a total tax liability of                    
$500 or more.                                                                  
                                                                               
The language specifies that dealers may only apply for a                       
bad debt credit by filing written proof of the bankruptcy                      
petition, or after reporting the debt as worthless on the                      
dealer's federal income tax return.                                            
                                                                               
Representative Gary Davis summarized that HB 239 would                         
include a provision requiring repayment of the tax if the                      
account or debt was subsequently repaid, with partial                          
payments to be handled on a proportional or pro rata basis.                    
                                                                               
Co-Chair Therriault questioned the need for the "findings"                     
section.  Representative G. Davis replied that section                         
indicates the process that the State must go through to put                    
the situation in place.  He agreed that section could be                       
deleted.                                                                       
                                                                               
Representative J. Davies recommended that the effective                        
date of the legislation must be changed.  Representative G.                    
Davis agreed.  Co-Chair Therriault noted that would occur                      
in the new committee substitute.                                               
                                                                               
Representative Grussendorf emphasized the need of                              
establishing "other" revenue streams if the State continues                    
to give "breaks" to industry.  Representative G. Davis                         
believed that $500 dollars tax owed, at eight cents a                          
gallon would be an equitable threshold.  Co-Chair                              
Therriault pointed out that the tax would be written off                       
and that the refiner would take the "big hit".                                 
                                                                               
BOB BARTHOLOMEW, DEPUTY DIRECTOR, INCOME AND EXCISE TAX                        
DIVISION, DEPARTMENT OF REVENUE, spoke to the Department of                    
Revenues (DOR) considerations with the proposed                                
legislation.  Last year, when the Department went through                      
the process to change the motor fuel forms to increase the                     
compliance effort of the State, the forms were changed and                     
additional information was collected from the industry.  At                    
that time, the industry brought up issues that they had                        
with businesses not paying their debts.  DOR agreed to look                    
into it, and then discuss it internally as a policy issue.                     
At that time, other states were contacted regarding the                        
manner in which they addressed this concern.  The                              
Commissioner believed that this was a reasonable tax from                      
an equity standpoint.                                                          
                                                                               
Mr. Bartholomew advised that the Division had established                      
"guardrails" as to who would have the authority, which then                    
lead to focusing on several sections of the bill:                              
                                                                               
? 1st - Going into bankruptcy and meeting the court                            
test for not having the financial assets to meet                               
the debts;                                                                     
? 2nd - Meeting the IRS guidelines for writing off                             
a worthless debt.                                                              
                                                                               
He continued, one of those criteria must be met to be                          
eligible for the credit.  The Division also has asked for a                    
bottom threshold.  Other states recommended that there be                      
language to keep the small transactions out, consequently,                     
a limit was established.                                                       
                                                                               
Mr. Bartholomew continued, no cash refund would be given.                      
If a credit were claimed, it would come from a future tax                      
liability.  The fiscal note is based on 1/10th of 1% of the                    
total sales or revenue coming into the State.  The State                       
currently collects about $40 million dollars a year in                         
motor fuel revenues.                                                           
                                                                               
Representative Grussendorf asked if when the dealer buys                       
the gasoline in bulk, if he would have to pay the federal                      
tax on it.  Mr. Bartholomew understood that the federal tax                    
was collected "further upstream" and that the manufacturer                     
or the distributor would have paid it.                                         
                                                                               
Co-Chair Therriault questioned if motor fuel tax would                         
include marine fuel and highway fuel.  Mr. Bartholomew                         
stated it would and applied to all motor fuel taxes under                      
Title 43, aviation, marine and highway.                                        
                                                                               
Representative G. Davis pointed out that other states have                     
this in place, although, it is not used often.  He reminded                    
members that other states do not have the seasonal industry                    
that Alaska does, which would make this legislation more                       
advantageous here.                                                             
                                                                               
Co-Chair Therriault referenced language proposed in the                        
amendment, which considers the total transaction.  Mr.                         
Bartholomew understood that a typical tanker load would be                     
limited to one transaction and subject to the $500 dollar                      
limit.  He acknowledged that it would be a rare occasion                       
when a customer with one shipment payment late would be cut                    
off.  Usually the second or third shipment is where the                        
line would be drawn.  Limiting it to single transaction                        
would not help.  He believed that the transaction could                        
work given the other stipulations contained in the bill.                       
Co-Chair Therriault reiterated that no transaction would be                    
allowed once it was known that the business was bankrupt or                    
unwilling to pay the debt.                                                     
                                                                               
Co-Chair Therriault suggested that if a company was going                      
bankrupt, it would be prudent for the distributor to get a                     
letter of credit, rather than continue building that                           
potential debt.  Mr. Bartholomew commented, some business                      
would attempt to get some type of security.  If there was a                    
recovery by the company, they would then have to reimburse                     
the State for a portion of the credit, and that would be                       
prorated.                                                                      
                                                                               
Representative Grussendorf asked if the company applying                       
for the credit would have to submit their IRS statements to                    
the State.  Mr. Bartholomew replied that the Division would                    
require documentation of the bankruptcy files as a part of                     
the credit support.                                                            
                                                                               
MARK HICKEY, REPRESENTING - PETRO MARINE SERVICES, JUNEAU,                     
spoke in support of HB 239.  He stated that the bill would                     
allow fuel dealers to receive a nonrefundable credit for                       
fuel taxes paid to the State for fuel sold on credit, but                      
not paid by purchasers, who had declared bankruptcy or                         
rendered their debt worthless.  The bill would allow motor                     
fuel dealers to receive a nonrefundable credit in an amount                    
equal to the tax previously remitted to the State.  The                        
credit would be applied against subsequent tax liabilities                     
only, and could be taken for sales with a total tax                            
liability of $500 dollars or more.                                             
                                                                               
The legislation specified that dealers may only apply for a                    
bad debt credit by filing written proof of the bankruptcy                      
petition or reporting on the dealer's federal income tax                       
return that debts are worthless.  Mr. Hickey commented that                    
Alaska Petro Marine Services believes that HB 239 would                        
provide a more fair and equitable adjustment to current                        
law.                                                                           
                                                                               
The company supports the amendment.  Mr. Hickey pointed out                    
the technical problem on Page 3, Section (f), regarding                        
protection. Current language could be interpreted that this                    
not apply to the transaction.  He recommended that Line 22                     
be worded:  "This section does not apply to a credit                           
transaction by" and keeping the remaining language.    He                      
suggested, on Line 27 to insert "a" and delete "the".                          
                                                                               
Co-Chair Therriault spoke to Section (e), Page 3, Line 19,                     
in reference to the three-year period.  Mr. Hickey                             
understood that language clarified that once a company has                     
a credit with an individual customer, they would not be                        
able to again apply when they ceased to pay the debt.                          
                                                                               
HB 239 was HELD in Committee for further consideration.                        
                                                                               
(Tape Change HFC 98- 42, Side 1).                                              

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