Legislature(2021 - 2022)ANCH LIO DENALI Rm

07/13/2021 01:00 PM House WAYS & MEANS

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01:07:03 PM Start
01:07:48 PM Presentation: a Review of Alaska's Revenue Sources and Tax Exemptions
02:43:41 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Testimony <Invitation Only> --
+ Presentation: A Review of Alaska's Revenue TELECONFERENCED
Sources and Tax Exemptions by Dept. of Revenue
                    ALASKA STATE LEGISLATURE                                                                                  
           HOUSE SPECIAL COMMITTEE ON WAYS AND MEANS                                                                          
                       Anchorage, Alaska                                                                                        
                         July 13, 2021                                                                                          
                           1:07 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Ivy Spohnholz, Chair                                                                                             
Representative Adam Wool (via teleconference)                                                                                   
Representative Andy Josephson                                                                                                   
Representative Calvin Schrage                                                                                                   
Representative Andi Story (via teleconference)                                                                                  
Representative Mike Prax (via teleconference)                                                                                   
Representative David Eastman (via teleconference)                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION:  A REVIEW OF ALASKA'S REVENUE SOURCES AND TAX                                                                     
EXEMPTIONS                                                                                                                      
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
COLLEEN GLOVER, Director                                                                                                        
Tax Division                                                                                                                    
Department of Revenue                                                                                                           
POSITION STATEMENT:  Presented a PowerPoint titled "Tax Programs                                                              
and Tax Exemptions Presentation," dated 7/13/21.                                                                                
                                                                                                                                
NICOLE REYNOLDS, Deputy Director                                                                                                
Tax Division                                                                                                                    
Department of Revenue                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Co-presented a PowerPoint titled "Tax                                                                    
Programs and Tax Exemptions Presentation," dated 7/13/21.                                                                       
                                                                                                                                
MIKE BARNHILL, Deputy Commissioner                                                                                              
Department of Revenue                                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the presentation.                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:07:03 PM                                                                                                                    
                                                                                                                                
CHAIR IVY  SPOHNHOLZ called the  House Special Committee  on Ways                                                             
and  Means  meeting  to  order  at  1:07  p.m.    Representatives                                                               
Josephson,  Schrage,  Eastman  (via teleconference),  Story  (via                                                               
teleconference), Wool  (via teleconference), were present  at the                                                               
call to order.   Representative Prax (via teleconference) arrived                                                               
as  the meeting  was  in progress.    Representative Edgmon  (via                                                               
teleconference) was also present.                                                                                               
                                                                                                                                
^PRESENTATION:   A  review of  Alaska's Revenue  Sources and  Tax                                                               
Exemptions                                                                                                                      
  PRESENTATION:  A review of Alaska's Revenue Sources and Tax                                                               
                           Exemptions                                                                                       
                                                                                                                                
1:07:48 PM                                                                                                                    
                                                                                                                                
CHAIR SPOHNHOLZ announced  that the only order  of business would                                                               
be a presentation on Alaska's  revenue sources and tax exemptions                                                               
by the Department of Revenue (DOR).                                                                                             
                                                                                                                                
1:08:46 PM                                                                                                                    
                                                                                                                                
COLLEEN GLOVER,  Director, Tax Division,  explained that  the Tax                                                               
Division  of the  Department of  Revenue (DOR)  collects revenues                                                               
for the State of Alaska's 25 programs.                                                                                          
                                                                                                                                
1:09:35 PM                                                                                                                    
                                                                                                                                
MS. GLOVER  presented slide  2, "Agenda,"  which read  as follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     1. FY 2020 Tax Revenue Collections                                                                                         
     2. Summary of Tax Programs                                                                                                 
     3. Tax Exemptions                                                                                                          
                                                                                                                                
1:10:25 PM                                                                                                                    
                                                                                                                                
MS. GLOVER  presented slide  3, "FY  2020 Revenue  Collections by                                                               
Tax  Division,"  which  read  as  follows  [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     ? Includes all Revenues collected by the Tax Division.                                                                     
     ?  Includes all amounts  before any sharing  with local                                                                    
     governments.                                                                                                               
     ?  Includes all amounts  before any sharing  with other                                                                    
     State Agencies.                                                                                                            
     ?  Includes  all amounts  before  any distributions  to                                                                    
     designated/dedicated funds (i.e.,  Alcohol & Other Drug                                                                    
     Abuse   Treatment   and  Prevention   Fund,   Marijuana                                                                    
     Education Treatment Fund.                                                                                                  
     ?  Property tax  revenues are  net of  the credits  for                                                                    
     local   government  property   taxes   paid  to   local                                                                    
     municipalities.                                                                                                            
                                                                                                                                
1:11:22 PM                                                                                                                    
                                                                                                                                
MS. GLOVER  presented slide  4, "FY  2020 Revenue  Collections by                                                               
the Tax Division,"  which displayed a chart  showing tax revenues                                                               
by type for  fiscal year (FY) 2020.   Oil & gas  production tax &                                                               
surcharges comprised 44.3 percent  of total revenues, followed by                                                               
corporate income tax and oil and  gas property tax.  Tax revenues                                                               
totaled  $1,125,438,143.00.   She  commented that  there isn't  a                                                               
correlation between the number of  taxpayers and the total amount                                                               
of taxes, noting that there were only  47 payers of the oil & gas                                                               
production tax  & surcharges,  while charitable  gaming comprised                                                               
over 1,000  taxpayers, generating only  0.2 percent of  total tax                                                               
revenue.                                                                                                                        
                                                                                                                                
1:12:32 PM                                                                                                                    
                                                                                                                                
CHAIR  SPOHNHOLZ  noted  that tax  revenue  is  approximately  25                                                               
percent of the  state's unrestricted revenue; she  noted that the                                                               
Alaska  Permanent  Fund  provides  approximately  $3  billion  in                                                               
unrestricted  revenue  compared  to  the $1.125  billion  in  tax                                                               
revenues.                                                                                                                       
                                                                                                                                
1:12:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL noted  that  the oil  and  gas property  tax                                                               
revenue goes  to the boroughs,  and he  asked how much  the state                                                               
nets  out of  the  $1.125 billion.   He  noted  tax revenue  from                                                               
marijuana at  $24 million, and  he recalled learning  that actual                                                               
tax  revenue from  marijuana  was $32  million,  with 25  percent                                                               
earmarked for recidivism reduction.                                                                                             
                                                                                                                                
MS. GLOVER  replied that the  oil and gas property  tax, totaling                                                               
approximately  $125  million, is  the  state's  net; typical  tax                                                               
collections in  that category, she  said, are  approximately $560                                                               
million  annually.   She then  noted that  the chart  on slide  4                                                               
shows the net amount of revenue to the state.                                                                                   
                                                                                                                                
1:15:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  asked whether  any of the  tax revenues                                                               
under  discussion  are  swept   into  the  Constitutional  Budget                                                               
Reserve (CBR).                                                                                                                  
                                                                                                                                
MS. GLOVER said she would find out.                                                                                             
                                                                                                                                
1:15:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY commented  that it would be  helpful to know                                                               
when each category's tax rate was last adjusted.                                                                                
                                                                                                                                
CHAIR  SPOHNHOLZ said  she thinks  that topic  will be  addressed                                                               
later in the presentation.                                                                                                      
                                                                                                                                
REPRESENTATIVE STORY  asked whether it's possible  to compare the                                                               
tax rate to the gross revenue for each category.                                                                                
                                                                                                                                
MS. GLOVER offered to follow up on that question.                                                                               
                                                                                                                                
REPRESENTATIVE  STORY  said  it  would be  helpful  to  know  how                                                               
Alaska's taxes compare to other states for similar industries.                                                                  
                                                                                                                                
1:18:17 PM                                                                                                                    
                                                                                                                                
MS.  GLOVER continued  to  slide 6,  "Summary  of Tax  Programs,"                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     Summary of Tax Programs                                                                                                    
     1. Natural Resources                                                                                                       
     2. Entertainment & Gaming                                                                                                  
     3. Business & Utilities                                                                                                    
     4. Tourism & Transportation                                                                                                
     5. Fishing                                                                                                                 
                                                                                                                                
MS. GLOVER presented slide 7,  "Tax Programs: Natural Resources,"                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     ? Oil & Gas Production Tax                                                                                                 
          ? Tax on oil and gas production                                                                                       
          ? Tax does not apply to royalty barrels                                                                               
          ?  Taxed at  the  segment level  (North Slope  and                                                                    
          Cook Inlet Fields)                                                                                                    
          ? Net Profits Tax of  35% with minimum floor of 4%                                                                    
          gross.                                                                                                                
          ? Last major statutory  change was SB21 enacted in                                                                    
          2013.                                                                                                                 
          ?  Other changes  in 2014  (SB138), 2016  (HB247),                                                                    
          and 2017 (HB111).                                                                                                     
                                                                                                                                
     ? Oil & Gas Property Tax                                                                                                   
       ? Tax on oil and gas property owners / operators.                                                                        
          ? Tax rate is 20 mils (or 2%) of assessed value.                                                                      
          ? Municipalities  can levy property taxes  at same                                                                    
          rate  it  taxes  all   non-oil  and  gas  property                                                                    
          (credit towards state tax)                                                                                            
          ? Tax enacted in 1973.                                                                                                
                                                                                                                                
MS. GLOVER pointed out that the oil & gas production tax is an                                                                  
annual tax, with taxpayers required to file monthly estimated                                                                   
returns.                                                                                                                        
                                                                                                                                
1:22:46 PM                                                                                                                    
                                                                                                                                
MS. GLOVER continued to slide 8, "Tax Programs: Natural                                                                         
Resources (cont.)," which read as follows [original punctuation                                                                 
provided]:                                                                                                                      
                                                                                                                                
     ? Oil & Gas Corporate Income Tax                                                                                           
          ? Tax paid by Oil & Gas C-Corporations                                                                                
          ? Tax on net Alaska taxable income                                                                                    
          ? Oil  & Gas  taxpayers report  their income  on a                                                                    
          worldwide basis                                                                                                       
          ? A few exclusions/deductions from Federal Tax                                                                        
          Laws                                                                                                                  
     ? Mining License Tax                                                                                                       
          ?  Tax  paid  by   businesses  engaged  in  mining                                                                    
          activities                                                                                                            
          ? Taxes levied on  mining net income and royalties                                                                    
          over $40,000                                                                                                          
          ? Tax  enacted in 1913. Tax  rates unchanged since                                                                    
          1955.                                                                                                                 
                                                                                                                                
MS. GLOVER pointed out that the oil & gas corporate income tax                                                                  
is an annual tax, with taxpayers required to file monthly                                                                       
estimated returns.                                                                                                              
                                                                                                                                
1:24:51 PM                                                                                                                    
                                                                                                                                
MS.  GLOVER  presented  slide   9,  "Tax  Programs:  Natural                                                                    
Resources  Historical  Revenues,"  which displayed  a  graph                                                                    
showing a 20-year  history of revenue collection  of oil and                                                                    
gas production and surcharges, oil  and gas corporate income                                                                    
tax, oil and gas property tax,  and mining license tax.  She                                                                    
pointed  out that  the  oil  and gas  property  tax and  the                                                                    
mining license tax remained stable over the 20-year period.                                                                     
                                                                                                                                
1:26:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY asked  why the  oil and  gas corporate                                                                    
income  tax  did  not rise  significantly  during  the  high                                                                    
production tax years of 2007-2014.                                                                                              
                                                                                                                                
MS. GLOVER  replied that  it did rise.   She  expressed that                                                                    
the  oil  and  gas  production  tax is  so  high  that  it's                                                                    
difficult to show  the significance of changes  in the other                                                                    
taxes on the same graph.                                                                                                        
                                                                                                                                
1:27:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  noted the oil  and gas property  tax is                                                                    
the only  statewide property  tax, and is  a 20  percent tax                                                                    
which the local municipalities can  credit at the same rate.                                                                    
He  then asked  at  what  rates do  the  property taxes  for                                                                    
Valdez, Fairbanks, and  the North Slope get  credited to the                                                                    
company.                                                                                                                        
                                                                                                                                
1:28:41 PM                                                                                                                    
                                                                                                                                
MS.  GLOVER clarified  that the  state gets  no oil  and gas                                                                    
property   tax  for   Valdez,  because   the  municipality's                                                                    
effective mil  rate is 20.   She  said Whittier's rate  is 8                                                                    
mils, North  Slope Borough has  a mil rate  of approximately                                                                    
18, and the rate in Fairbanks is approximately 17.                                                                              
                                                                                                                                
1:29:50 PM                                                                                                                    
                                                                                                                                
CHAIR SPOHNHOLZ noted  that slide 29 contains a  link to the                                                                    
2020 annual report.                                                                                                             
                                                                                                                                
1:30:07 PM                                                                                                                    
                                                                                                                                
NICOLE REYNOLDS,  Deputy Director, Tax  Division, Department                                                                    
of  Revenue, resumed  the presentation  with slide  10, "Tax                                                                    
Programs: Business & Utilities," which read as follows                                                                          
[original punctuation provided]:                                                                                                
                                                                                                                                
     ? Non-Oil & Gas Corporate Income Tax                                                                                       
          ? Tax paid by non-Oil & Gas C-Corporations                                                                            
          ? Tax paid on Alaska net taxable income                                                                               
          ? Apportionment based on water's edge                                                                                 
         ? Tax first enacted in 1949. Tax brackets last                                                                         
          changed in 2013.                                                                                                      
                                                                                                                                
     ? Regulatory Cost Charges                                                                                                  
          ? Charge paid by regulated utilities                                                                                  
         ? Rates available on Regulatory Commission of                                                                          
          Alaska (RCA) website                                                                                                  
        ? Charge enacted in 1992 to fund the cost of the                                                                        
          RCA.                                                                                                                  
                                                                                                                                
1:33:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON asked for discussion on the                                                                            
accounting practices.                                                                                                           
                                                                                                                                
MS. REYNOLDS replied she would follow up.                                                                                       
                                                                                                                                
REPRESENTATIVE JOSEPHSON pointed out that accounting                                                                            
currently seems to be an afterthought.                                                                                          
                                                                                                                                
CHAIR SPOHNHOLZ asked for the information to be sent.                                                                           
                                                                                                                                
1:34:53 PM                                                                                                                    
                                                                                                                                
MS. REYNOLDS proceeded to slide 11, "Tax Programs: Business                                                                     
& Utilities (cont.)," which read as follows [original                                                                           
punctuation provided]:                                                                                                          
                                                                                                                                
     ? Electric Cooperative Tax                                                                                                 
          ? Tax paid by qualified electric cooperatives                                                                         
         ? Tax rate is either $0.00025 or $0.00050 per                                                                          
       kilowatt hour depending on the number of years in                                                                        
          service                                                                                                               
          ? Tax enacted in 1959                                                                                                 
                                                                                                                                
     ? Telephone Cooperative Tax                                                                                                
          ? Tax paid by qualified telephone cooperatives                                                                        
        ? Tax rate is either 1% or 2% of gross revenues                                                                         
          depending on the number of years in service                                                                           
          ? Tax enacted in 1959                                                                                                 
                                                                                                                                
MS. REYNOLDS  presented slide 12, "Tax  Programs: Business &                                                                    
Utilities  Historical  Revenues,"  which displayed  a  graph                                                                    
showing revenue for the previous  20 years for non-oil & gas                                                                    
corporate income  tax, electric cooperative  tax, regulatory                                                                    
cost charges,  and telephone cooperative  tax.   She pointed                                                                    
out that  corporate income  tax revenues  vary from  year to                                                                    
year due to various economic  changes, while the other three                                                                    
tax  categories, while  much lower,  remained mostly  steady                                                                    
from FY 2001 to FY 2020.                                                                                                        
                                                                                                                                
1:37:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  surmised that  one  could  expect a  C                                                                    
corporation  ("corp") like  Amazon  would  pay state  income                                                                    
tax,  while a  company like  Uber, which  is not  a C  corp,                                                                    
would pay no  state income taxes.  Likewise,  he said, would                                                                    
it  be  with  ExxonMobil  Corporation as  a  C  corp,  while                                                                    
Hilcorp Alaska LLC is not.                                                                                                      
                                                                                                                                
MS.  REYNOLDS  confirmed  that C  corps  doing  business  in                                                                    
Alaska  are  subject to  the  Alaska  corporate income  tax,                                                                    
while S corps are not.                                                                                                          
                                                                                                                                
REPRESENTATIVE WOOL asked  whether Alaska received increased                                                                    
income tax from a company like Amazon during the pandemic.                                                                      
                                                                                                                                
MS.   REYNOLDS   declined   to  divulge   confidential   tax                                                                    
information; however,  she said,  any C corp  doing business                                                                    
in Alaska is subject to the tax.                                                                                                
                                                                                                                                
CHAIR SPOHNHOLZ  asked whether  Ms. Reynolds  could identify                                                                    
whether a business was an S corp or C corp.                                                                                     
                                                                                                                                
MS. REYNOLDS  replied that the  Tax Division  cannot divulge                                                                    
anything about a taxpayer.                                                                                                      
                                                                                                                                
1:40:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  asked   Ms.  Reynolds  about  her                                                                    
understanding  of  the  policy  decision to  not  apply  the                                                                    
corporate income tax to S corps.                                                                                                
                                                                                                                                
MS.  REYNOLDS  responded  that  the  policy  came  from  the                                                                    
internal revenue code.                                                                                                          
                                                                                                                                
MS.  GLOVER  added  that, since  S  corps  are  pass-through                                                                    
entities, if there was a  personal income tax, S corps would                                                                    
be subject to Alaska state income tax.                                                                                          
                                                                                                                                
CHAIR  SPOHNHOLZ  added that  when  Alaska  became a  state,                                                                    
there  was a  combination personal  income tax  with C  corp                                                                    
tax.   The  repeal of  the  personal income  tax, she  said,                                                                    
created  a revenue  gap; the  sale of  BP assets,  from a  C                                                                    
corp, to Hilcorp  Alaska, LLC, which is taxed as  an S Corp,                                                                    
creates a gap of approximately $30 million per year.                                                                            
                                                                                                                                
1:41:50 PM                                                                                                                    
                                                                                                                                
MS.   GLOVER  progressed   to  slide   13,  "Tax   Programs:                                                                    
Entertainment  & Gaming,"  which read  as follows  [original                                                                    
punctuation provided]:                                                                                                          
                                                                                                                                
     ? Tobacco                                                                                                                  
       ?    Tax   paid    primarily   by    distributors,                                                                       
          wholesalers, and retailers                                                                                            
          ? Tax Rates by type                                                                                                   
         ? Last major statutory change in 2004. Annual                                                                          
         increase to cigarette tax rates in 2005, 2006,                                                                         
          and 2007.                                                                                                             
                                                                                                                                
     ? Alcoholic Beverages Tax                                                                                                  
          ? Tax paid by distributors and wholesalers                                                                            
          ? Tax Rates per gallon                                                                                                
          ? Last major statutory change in 2002                                                                                 
                                                                                                                                
     ? Marijuana                                                                                                                
          ? Tax paid by marijuana cultivators                                                                                   
          ? Tax Rates per ounce                                                                                                 
         ? Ballot Measure to legalize and tax marijuana                                                                         
       cultivation passed in late 2014. First sales were                                                                        
          during FY2017.                                                                                                        
                                                                                                                                
MS. GLOVER  noted that not  included in this list  are taxes                                                                    
on e-cigarettes or vaping devices.                                                                                              
                                                                                                                                
1:45:54 PM                                                                                                                    
                                                                                                                                
MS.  GLOVER  presented  slide 14,  "Entertainment  &  Gaming                                                                    
(cont.)," which read [original punctuation provided]:                                                                           
                                                                                                                                
     ? Large Passenger Vessel Gambling Tax                                                                                      
          ? Tax paid by vessel owners                                                                                           
          ?  Tax  rate is  33%  of  adjust gross  income  of                                                                    
          gambling   activities   aboard   large   passenger                                                                    
          vessels in the state.                                                                                                 
          ? Tax enacted in 2006 by Ballot Measure                                                                               
                                                                                                                                
     ? Charitable Gaming Tax and Fees                                                                                           
          ?  Annual   Permit  Fees  $20  -   $100  (paid  by                                                                    
          permittees)                                                                                                           
          ?  1% Net  Proceeds  Fee when  gross receipts  are                                                                    
          greater than $20,000 (paid by permittees)                                                                             
          ?  Net Proceeds  to  Permittees (i.e.,  charitable                                                                    
          organizations)  is  ~9%  of gross  receipts.  2020                                                                    
          gross receipts $291M, net proceeds $24M                                                                               
          ?  Annual   Licenses  $500   -  $2,500   (paid  by                                                                    
          operators, distributors, and vendors)                                                                                 
          ? 3% Pull Tab Tax (paid by pull-tab distributors)                                                                     
          ? Last major statutory change in 1993                                                                                 
                                                                                                                                
1:48:19 PM                                                                                                                    
                                                                                                                                
MS. GLOVER presented slide  15, "Tax Programs: Entertainment                                                                    
& Gaming  Historical Revenues,"  which showed  revenues from                                                                    
tobacco,  alcoholic  beverages, marijuana,  large  passenger                                                                    
vessel  gambling,  and  charitable gaming  taxes  and  fees.                                                                    
Tobacco tax showed  the most significant revenue  but with a                                                                    
significant decline  in the  last couple  of years,  and the                                                                    
marijuana  tax  began  in 2017  and  has  shown  significant                                                                    
revenue increases.                                                                                                              
                                                                                                                                
1:49:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  surmised that  hemp  is  not taxed  as                                                                    
marijuana.                                                                                                                      
                                                                                                                                
MS. REYNOLDS confirmed that there is no tax on hemp.                                                                            
                                                                                                                                
1:49:38 PM                                                                                                                    
                                                                                                                                
MS.  GLOVER  noted  the alcoholic  beverages  tax  has  been                                                                    
steadily increasing since 2002,  while the charitable gaming                                                                    
tax  has  remained  steady.    The  large  passenger  vessel                                                                    
gambling  tax,  first  seen  in   2009,  has  been  steadily                                                                    
increasing,   reflecting  the   increase   in  cruise   ship                                                                    
passengers.                                                                                                                     
                                                                                                                                
1:51:24 PM                                                                                                                    
                                                                                                                                
CHAIR SPOHNHOLZ  commented that  the title  "Entertainment &                                                                    
Gaming"  shouldn't   include  tobacco,  as  it's   a  highly                                                                    
addictive  substance  that  causes  enormous  public  health                                                                    
costs.   She  further noted  that while  alcoholic beverages                                                                    
bring  in approximately  $40 million  in tax  revenues, they                                                                    
cost the State of Alaska  approximately $2.4 billion in lost                                                                    
productivity as  well as health  care, social  services, and                                                                    
criminal justice  costs.  She  pointed out that some  of the                                                                    
tax  revenue  centers  are  also cost  drivers.    She  then                                                                    
mentioned a  possible gaming bill  that could be  before the                                                                    
legislature  in  the next  special  session,  and she  asked                                                                    
whether there were any developments on the proposal.                                                                            
                                                                                                                                
1:53:14 PM                                                                                                                    
                                                                                                                                
MIKE BARNHILL,  Deputy Commissioner, Department  of Revenue,                                                                    
said  a  consultant  has been  reviewing  opportunities  for                                                                    
gaming   expansion  in   the  state   and  has   prepared  a                                                                    
socioeconomic study  to be  released in the  fall.   He said                                                                    
there is no further update on possible gaming legislation.                                                                      
                                                                                                                                
1:54:25 PM                                                                                                                    
                                                                                                                                
MS. REYNOLDS presented slide 16,  "Tax Programs: Tourism and                                                                    
Transportation,"   which    read   as    follows   [original                                                                    
punctuation provided]:                                                                                                          
                                                                                                                                
     ? Motor Fuel Tax & Surcharge                                                                                               
          ?   Tax  paid   primarily   by  distributors   and                                                                    
          wholesalers that hold  "qualified dealer" licenses                                                                    
          issued by DOR                                                                                                         
          ? Tax Rates & Surcharge per gallon                                                                                    
          ? Tax dates  back to 1945. Tax  Rates last changed                                                                    
          in 2004. Surcharge added in 2015.                                                                                     
          ?  Consumers  may claim  a  refund  of tax  and/or                                                                    
          surcharge   for  fuel   used  in   non-taxable  or                                                                    
          reduced-tax manners.                                                                                                  
                                                                                                                                
     ? Commercial Passenger Vessel Tax                                                                                          
          ? Tax  is $34.50  per passenger, per  voyage (paid                                                                    
          by vessel owners)                                                                                                     
          ?  Juneau  &  Ketchikan local  taxes  are  credits                                                                    
          against state tax (pre-Dec. 17, 2007 rates)                                                                           
          ? Tax enacted in 2006 by Ballot Measure                                                                               
          ? Last major statutory change was in 2010                                                                             
                                                                                                                                
2:01:00 PM                                                                                                                    
                                                                                                                                
MS. REYNOLDS continued slide 17,  "Tax Programs: Tourism and                                                                    
Transportation  (cont.)," which  read  as follows  [original                                                                    
punctuation provided]:                                                                                                          
                                                                                                                                
     ? Vehicle Rental                                                                                                           
        ? Tax paid by the person who provides the leased                                                                        
          or rented vehicle                                                                                                     
        ? Tax Rates are a % of total rental/leasing fees                                                                        
          and costs depending on vehicle type                                                                                   
          ? Tax enacted in 2003 and effective 2004                                                                              
                                                                                                                                
     ? Tire Fee                                                                                                                 
          ? Fees paid primarily by tire dealerships                                                                             
          ? Tax Rates per tire                                                                                                  
          ? Tax enacted in 2003                                                                                                 
                                                                                                                                
MS. REYNOLDS  proceeded to slide 18,  "Tax Programs: Tourism                                                                    
and Transportation  Historical Revenues," which  displayed a                                                                    
graph   showing   historical   revenues  for   tourism   and                                                                    
transportation   tax  programs.     She   referred  to   the                                                                    
significant  dip   in  motor  fuel  tax   in  2008-2009  and                                                                    
explained that  the state passed legislation  suspending the                                                                    
motor fuel  tax; other than  that dip, she said,  motor fuel                                                                    
tax revenue  has increased over  the years.   The commercial                                                                    
passenger vessel  excise tax  showed a  substantial increase                                                                    
in revenue beginning  in 2007, when the tax  first went into                                                                    
effect; the drop  in revenue beginning in 2010  was when the                                                                    
tax rate  was dropped from  $46.00 to $34.50  per passenger.                                                                    
Vehicle  rental  tax and  tire  fees  remained steady  after                                                                    
their introduction, she said.                                                                                                   
                                                                                                                                
2:06:11 PM                                                                                                                    
                                                                                                                                
CHAIR SPOHNHOLZ  noted that  in 2001-2003  price of  oil was                                                                    
$18-$24 per  barrel, with  the tire  fee and  vehicle rental                                                                    
taxes going into effect in 2004.                                                                                                
                                                                                                                                
2:06:32 PM                                                                                                                    
                                                                                                                                
MS. REYNOLDS  presented slide  19, "Tax  Programs: Fishing,"                                                                    
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     ? Fisheries Business Tax                                                                                                   
          ? Tax  paid primarily by fisheries  businesses and                                                                    
          persons  who  process  fishery  resources  in,  or                                                                    
          export   unprocessed  fisheries   resources  from,                                                                    
          Alaska                                                                                                                
          ? Tax Rate 1% to 5%  on the value of the processed                                                                    
          fisheries resource.  Rate depends on the  type and                                                                    
          classification  (developing   or  established)  of                                                                    
          fishery  resource   and  where  the   resource  is                                                                    
          processed (shore-based or floating processor).                                                                        
          ? Tax dates back  to Territorial days. Current tax                                                                    
          rate structure since 2004.                                                                                            
                                                                                                                                
     ? Fisheries Resource Landing Tax                                                                                           
          ? Tax  paid primarily by  person who engages  in a                                                                    
          floating fisheries  business in Alaska and  is not                                                                    
          subject to the Fisheries Business Tax.                                                                                
          ?  Tax  Rate  is  assessed on  the  value  of  the                                                                    
          fishery resource at the place of first landing.                                                                       
          ?   Tax   Rate  1%   to   3%   depending  on   the                                                                    
          classification (developing or established)                                                                            
          ? Tax enacted in 1993                                                                                                 
                                                                                                                                
2:09:35 PM                                                                                                                    
                                                                                                                                
MS. REYNOLDS continued to slide 20, "Tax Programs: Fishing                                                                      
(cont.)," which read as follows [original punctuation                                                                           
provided]:                                                                                                                      
                                                                                                                                
     ? Seafood Marketing Assessment                                                                                             
          ? Levy  on the value of  seafood products produced                                                                    
          in  Alaska  if  the  value  of  the  products  are                                                                    
          $50,000 or more in a calendar year.                                                                                   
          ? Current assessment rate is 0.5%.                                                                                    
          ? Assessment adopted in 1981                                                                                          
                                                                                                                                
     ? Salmon Enhancement Tax                                                                                                   
          ?  Self-imposed  tax  paid by  the  fishermen  and                                                                    
          remitted to DOR by the buyers.                                                                                        
          ?  The  tax  applies to  these  regions:  Southern                                                                    
          Southeast  and Northern  Southeast  at 3%;  Prince                                                                    
          William  Sound, Cook  Inlet, Kodiak,  Chignik, and                                                                    
          Yakutat at 2%.                                                                                                        
          ? Tax adopted in 1980                                                                                                 
                                                                                                                                
     ? Seafood Development Tax                                                                                                  
          ? Self-imposed  1% tax paid  by the  fishermen and                                                                    
          remitted to DOR by the buyers.                                                                                        
          ?  The tax  applies  to these  areas: Bristol  Bay                                                                    
          salmon drift gillnet,  Prince William Sound salmon                                                                    
          drift  gillnet, and  Prince  William Sound  salmon                                                                    
          set gillnet.                                                                                                          
          ? Tax adopted in 2004                                                                                                 
                                                                                                                                
2:13:05 PM                                                                                                                    
                                                                                                                                
MS.  REYNOLDS presented  slide  21,  "Tax Programs:  Fishing                                                                    
(cont.),"  which  read   as  follows  [original  punctuation                                                                    
provided]:                                                                                                                      
                                                                                                                                
     ? Dive Fishery Management Assessment                                                                                       
          ? Self-imposed  assessment on  fisheries resources                                                                    
          taken using dive gear in designated areas.                                                                            
          ? Current rates for  applicable species are: 7% of                                                                    
          value for geoduck and sea  urchins, and 5% for sea                                                                    
          cucumber.                                                                                                             
          ? Assessment enacted in 1997                                                                                          
                                                                                                                                
     ? Common Property Fishery Assessment                                                                                       
          ? Allows for cost recovery of hatchery                                                                                
          ? Only has been used for Hidden Falls Hatchery                                                                        
          ? The current rate is zero                                                                                            
          ? Assessment adopted in 2006                                                                                          
                                                                                                                                
2:15:01 PM                                                                                                                    
                                                                                                                                
MS.  REYNOLDS presented  slide  22,  "Tax Programs:  Fishing                                                                    
Historical  Revenues,"  which   displayed  a  graph  showing                                                                    
fishing program  revenues from 2001-2020.   She  pointed out                                                                    
that  the fisheries  business tax  revenue  far exceeds  all                                                                    
other revenue.                                                                                                                  
                                                                                                                                
2:15:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  asked whether  there is a  local credit                                                                    
for the fishery resource landing tax.                                                                                           
                                                                                                                                
MS. REYNOLDS  replied that  revenues flow  to municipalities                                                                    
through the  community development  quota (CDQ)  tax credit;                                                                    
such a  credit reduced the  municipal share of  tax revenue.                                                                    
The landing  tax is  shared with  the municipality  in which                                                                    
the resource is first landed, she said.                                                                                         
                                                                                                                                
REPRESENTATIVE  WOOL  surmised  that the  municipal  tax  is                                                                    
independent of the  state tax, and if a taxpayer  pays a CDQ                                                                    
amount, it  gets reduced from  the municipal tax;  the state                                                                    
tax, however, always goes to the General Fund.                                                                                  
                                                                                                                                
MS. REYNOLDS  said 50  percent of the  state tax  revenue is                                                                    
shared with the municipality, so  CDQ credits go against the                                                                    
municipality's share of revenue.                                                                                                
                                                                                                                                
REPRESENTATIVE  WOOL  commented  that   50  percent  of  the                                                                    
landing  tax, which  is approximately  1-3 percent,  goes to                                                                    
the  state, with  the other  50 percent  remaining with  the                                                                    
municipality where the fish was landed.                                                                                         
                                                                                                                                
CHAIR  SPOHNHOLZ asked  whether the  total on  the slide  is                                                                    
gross revenue.                                                                                                                  
                                                                                                                                
MS. REYNOLDS replied yes.                                                                                                       
                                                                                                                                
CHAIR  SPOHNHOLZ   added  that   the  amount  is   prior  to                                                                    
distribution of funds  to the municipality.   She then noted                                                                    
that  some of  the taxes  in the  fishing program  are self-                                                                    
imposed, and  she asked whether  other industries  in Alaska                                                                    
operate in a similar manner.                                                                                                    
                                                                                                                                
MS. REYNOLDS responded that she  is not aware of other taxes                                                                    
that are self-imposed.                                                                                                          
                                                                                                                                
2:20:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   PRAX   asked   whether  tax   credits   for                                                                    
municipalities are  designated or  dedicated for  a specific                                                                    
purpose.                                                                                                                        
                                                                                                                                
MS.  GLOVER  explained  that  most   taxes  are  subject  to                                                                    
legislative appropriation.                                                                                                      
                                                                                                                                
2:21:47 PM                                                                                                                    
                                                                                                                                
MS.  GLOVER  presented  slide   23,  "Tax  Programs:  Newest                                                                    
Programs,  which  read   as  follows  [original  punctuation                                                                    
provided]:                                                                                                                      
                                                                                                                                
     ? New Revenue Programs in last Twenty Years                                                                                
          ? Sorted newest to oldest                                                                                             
         ? Many of these have provisions for sharing or                                                                         
          are designated funds.                                                                                                 
                                                                                                                                
MS. GLOVER added  that no new programs have  been enacted in                                                                    
the past  six years.  She  also noted that by  following the                                                                    
link at the end of the  presentation one can view the annual                                                                    
share  report, which  shows actual  dollars flowing  to each                                                                    
community.                                                                                                                      
                                                                                                                                
2:23:18 PM                                                                                                                    
                                                                                                                                
MS.  GLOVER presented  slide 24,  "Tax Exemptions,"  and she                                                                    
noted  that  discussing the  full  exemptions  would be  too                                                                    
involved for  one meeting, so  she would  present highlights                                                                    
from  the indirect  expenditure report.   She  presented 25,                                                                    
"Indirect  Expenditure  Reports,"   which  read  as  follows                                                                    
[original punctuation provided]:                                                                                                
                                                                                                                                
     Indirect  expenditures  are  foregone  revenue  to  the                                                                    
     State  due  to   tax  credits,  exemptions,  discounts,                                                                    
     deductions, and other provisions.                                                                                          
                                                                                                                                
     ?  Indirect  Expenditure  Report  is published  by  DOR                                                                    
     every two  years. Link to Report:  Indirect Expenditure                                                                    
     Report (alaska.gov)                                                                                                        
                                                                                                                                
     ?   Indirect   Expenditure  Books   are  published   by                                                                    
     Legislative  Finance  every  other  year  for  specific                                                                    
     departments  on  a  six-year  cycle.  Link  to  Report:                                                                    
     Indirect Expenditure Book (akleg.gov)                                                                                      
                                                                                                                                
MS. GLOVER  presented slide  26, "2020  Indirect Expenditure                                                                    
Report: By Department," which displayed  a table of indirect                                                                    
expenditures  listed in  the report,  totaling approximately                                                                    
$3.9  billion.    Expenditures  included  the  Alaska  Court                                                                    
System,  Department of  Education &  Early Development,  and                                                                    
Department of Natural  Resources.  She noted  that it's hard                                                                    
to assess  the impact  that would be  had if  these programs                                                                    
didn't exist.                                                                                                                   
                                                                                                                                
2:25:41 PM                                                                                                                    
                                                                                                                                
MS. GLOVER presented slides 27  and 28, "Tax Exemptions: Top                                                                    
Ten for  Department of Revenue,"  which displayed  charts of                                                                    
the  top ten  tax exemptions  from the  most recent  report.                                                                    
Included in the charts was  the description of the exemption                                                                    
provision,  as well  as the  number of  beneficiaries.   She                                                                    
said "small producer"  in oil and gas  production is defined                                                                    
as a producer of less than  50,000 barrels per day, and that                                                                    
that FY  2019 revenue impact  of $15 million is  expected to                                                                    
drop to $0 by  2026.   Seven of the  10 exemptions are motor                                                                    
fuel exemptions or rate reductions.                                                                                             
                                                                                                                                
2:29:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN said  he expected to see  oil and gas                                                                    
property tax in the exemptions, and  he asked why it was not                                                                    
present.                                                                                                                        
                                                                                                                                
MS. REYNOLDS explained  that the charts showed  only the top                                                                    
10 exemptions by revenue impact for FY 2019.                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  said again that he  expected the oil                                                                    
and gas  property tax to  be included in the  displayed list                                                                    
of exemptions.                                                                                                                  
                                                                                                                                
MS.  GLOVER said  any  oil and  gas  property tax  exemption                                                                    
isn't   something  necessarily   administered  by   the  Tax                                                                    
Division of the Department of Revenue.                                                                                          
                                                                                                                                
2:32:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SCHRAGE  referred  to the  $3.8  billion  in                                                                    
indirect expenditures by the Department  of Revenue on slide                                                                    
26, and he asked for an explanation of that amount.                                                                             
                                                                                                                                
MS. GLOVER said she would take a closer look at the number.                                                                     
                                                                                                                                
CHAIR SPOHNHOLZ commented that something might be missing.                                                                      
                                                                                                                                
2:33:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  pointed out Alaska's motor  fuel tax is                                                                    
the  lowest  in  nation,  but   many  exemptions  are  still                                                                    
offered.   He  asked  whether heating  oil  is considered  a                                                                    
motor fuel, which is the reason for an exemption.                                                                               
                                                                                                                                
MS. REYNOLDS  responded that heating fuel  is not considered                                                                    
motor fuel, so  it's not subject to the tax.   She said read                                                                    
the statutory definition of "motor  fuel" from AS 43.40.100,                                                                    
which read as follows:                                                                                                          
                                                                                                                                
     "motor  fuel" means  fuel  used in  an  engine for  the                                                                    
     propulsion  of a  motor vehicle  or aircraft,  and fuel                                                                    
     used  in and  on watercraft  for any  purpose, or  in a                                                                    
     stationary engine, machine, or mechanical contrivance                                                                      
     that is run by an internal combustion motor;"                                                                              
                                                                                                                                
REPRESENTATIVE WOOL asked  why heating fuel is  listed as an                                                                    
exemption when it's not taxed.                                                                                                  
                                                                                                                                
MS.  REYNOLDS explained  that fuel  is often  delivered into                                                                    
common storage tanks  at retail stations, so  there's no way                                                                    
of knowing  what the fuel  will be used  for.  A  person can                                                                    
fuel a  vehicle, which has  an obvious purpose, or  can fill                                                                    
up a can in order to power  a generator.  The tax is applied                                                                    
at the highest rate for  the common storage tanks, she said,                                                                    
and  a person  can  apply for  a  tax refund  if  it can  be                                                                    
established that the fuel was used for an exempt purpose.                                                                       
                                                                                                                                
REPRESENTATIVE WOOL agreed that  it's based on honor system.                                                                    
He then discussed the tax on  jet fuel, and he asked whether                                                                    
any exemptions are federally mandated.                                                                                          
                                                                                                                                
MS. REYNOLDS said fuel used  on flights to foreign countries                                                                    
is exempt from the tax by federal mandate.                                                                                      
                                                                                                                                
REPRESENTATIVE WOOL asked how the  total of $8.5 million was                                                                    
arrived at.                                                                                                                     
                                                                                                                                
MS. REYNOLDS offered to follow up.                                                                                              
                                                                                                                                
CHAIR  SPOHNHOLZ  asked  whether  the  difference  would  be                                                                    
between $.08 and $.032.                                                                                                         
                                                                                                                                
2:39:25 PM                                                                                                                    
                                                                                                                                
CHAIR  SPOHNHOLZ asked  whether  the jet  fuel reduction  is                                                                    
federally mandated.                                                                                                             
                                                                                                                                
MS. GLOVER offered to follow up.                                                                                                
                                                                                                                                
2:39:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON returned  to the earlier discussion                                                                    
of  the  $3.8  billion   in  indirect  expenditures  by  the                                                                    
Department of Revenue, and he asked how it was derived.                                                                         
                                                                                                                                
MS.  GLOVER  described  the  information  available  in  the                                                                    
indirect   expenditure  report,   and   she  discussed   the                                                                    
methodology of  data aggregation.   She said the  number was                                                                    
based on "actual tax returns and filings."                                                                                      
                                                                                                                                
CHAIR SPOHNHOLZ expressed interest in the indirect                                                                              
expenditure report.                                                                                                             
                                                                                                                                
2:41:22 PM                                                                                                                    
                                                                                                                                
MS. GLOVER resumed the presentation on slide 29,                                                                                
"Resources," which read as follows [original punctuation                                                                        
provided]:                                                                                                                      
                                                                                                                                
     Information for this Presentation:                                                                                         
                                                                                                                                
     ?  Annual Report is published every year and contains a                                                                    
     historical  statutory account  of all  tax programs  as                                                                    
     well as the last five  years of revenue collections and                                                                    
     taxpayer statistics.                                                                                                       
     Link to Report: 2020 Annual Tax Report                                                                                     
                                                                                                                                
     ?  Indirect  Expenditure  Report  is published  by  DOR                                                                    
     every two years                                                                                                            
     Link   to    Report:   Indirect    Expenditure   Report                                                                    
     (alaska.gov)                                                                                                               
                                                                                                                                
     Other Sources of Information:                                                                                              
     ?  Fall 2020 Revenue Source Book  (RSB) is published by                                                                    
     DOR every fall.                                                                                                            
     Link  to   Report:  Fall  2020  Revenue   Sources  Book                                                                    
     (alaska.gov)                                                                                                               
                                                                                                                                
2:43:41 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the                                                                       
House Special Committee on Ways and Means meeting was                                                                           
adjourned at 2:44 p.m.                                                                                                          

Document Name Date/Time Subjects
DOR Tax Presentation 7.13.21.pdf HW&M 7/13/2021 1:00:00 PM
Presentation