Legislature(2013 - 2014)

2014-04-08 Senate Journal

Full Journal pdf

2014-04-08                     Senate Journal                      Page 2339
SB 178                                                                                                                        
The Finance Committee considered SENATE BILL NO. 178 "An Act                                                                    
relating to the application of the passenger vehicle rental tax; and                                                            
providing for an effective date" and recommended it be replaced with                                                            
                                                                                                                                

2014-04-08                     Senate Journal                      Page 2340
                   CS FOR SENATE BILL NO. 178(FIN) "An Act                                                                     
              relating to the passenger and recreational vehicle                                                               
          rental taxes; and providing for an effective date."                                                                   
                                                                                                                                
and further recommended the adoption of two Finance Committee                                                                   
Letters of Intent:                                                                                                              
                                                                                                                                
                               Letter of Intent                                                                                
                                                                                                                                
     April 7, 2014                                                                                                              
                                                                                                                                
     The Honorable Kevin Meyer, Co-Chair                                                                                        
     The Honorable Click Bishop, Member                                                                                         
     Senate Finance Committee                                                                                                   
     State Capitol, Room 532                                                                                                    
     Juneau, AK 99801                                                                                                           
                                                                                                                                
     Re: Question on Vehicle Rental Tax                                                                                         
                                                                                                                                
     Dear Senators Meyer and Bishop:                                                                                            
                                                                                                                                
     The purpose of this letter is to clarify the Department's                                                                  
     position and interpretation of the definition of "passenger                                                                
     vehicle" in AS 43.52.099(2) for the purposes of our vehicle                                                                
     rental tax. Specifically, the Department has been asked how it                                                             
     interprets the phrase: "a motor vehicle ... that is driven or                                                              
     moved on a highway or public right-of-way in the state"                                                                    
     contained in the definition.                                                                                               
                                                                                                                                
     For vehicle rental tax purposes, the Department's                                                                          
     interpretation of this definition is based on access. If a                                                                 
     member of the general public can freely drive on the road                                                                  
     system without breaking any laws or having someone stop                                                                    
     them and tell them they cannot go any further, they are on a                                                               
     highway or public right-of­way. For example, an individual                                                                 
     can rent a vehicle in Anchorage, drive to Deadhorse via the                                                                
     Dalton Highway, and travel many places around Deadhorse                                                                    
     and the North Slope in general. However, there are areas of                                                                

2014-04-08                     Senate Journal                      Page 2341
     the North Slope that are private or restricted that a member of                                                            
     the general public would not be able to drive to. Vehicle                                                                  
     rental tax would apply to that transaction because the                                                                     
     individual drove the rented vehicle on different highways and                                                              
     public rights-of-way.                                                                                                      
                                                                                                                                
     If an Alaska business rents to another Alaska business located                                                             
     in an area of the state that is not accessible by the general                                                              
     public, and all of the vehicles the business rents, regardless of                                                          
     rental period, are never driven on a road that can be accessed                                                             
     by the general public, then under our interpretation of the                                                                
     current statutes, those transactions would not be taxable.                                                                 
     However, once that vehicle is driven on a highway or public                                                                
     right-of-way that is open to and accessible by the general                                                                 
     public, and the rental period is less than 90 days, it becomes                                                             
     a taxable transaction under the current definition.                                                                        
                                                                                                                                
     I hope that this helps clarify the questions that have recently                                                            
     arisen on this bill. If you have further questions, do not                                                                 
     hesitate to contact me.                                                                                                    
                                                                                                                                
     Sincerely,                                                                                                                 
     /s/                                                                                                                        
     Angela Rodell                                                                                                              
     Commissioner                                                                                                               
                                                                                                                                
                               Letter of Intent                                                                                
                                                                                                                                
     It is the intent of the Senate Finance Committee that the                                                                  
     passenger vehicle rental tax described in SB 178, including                                                                
     the original law and the changes made by the committee                                                                     
     substitute, should not be applied to Alaskan businesses doing                                                              
     business with other Alaskan businesses. The Department of                                                                  
     Revenue (DOR) should not apply the tax retroactively to                                                                    
     businesses it determines should be, or should have been,                                                                   
     collecting the tax. However, if DOR is able to determine a                                                                 
     business collected the tax but did not remit the tax to DOR,                                                               
     then DOR should charge back taxes, penalties and/or interest                                                               
     on those unpaid taxes.                                                                                                     
                                                                                                                                

2014-04-08                     Senate Journal                      Page 2342
     In 2003, the legislature passed House Bill 271, a passenger                                                                
     vehicle rental tax intended to raise revenue from tourists                                                                 
     renting passenger vehicles so that they could help pay for the                                                             
     wear and tear they inflict on the State's publicly-maintained                                                              
     roads.                                                                                                                     
                                                                                                                                
     Since the passage of HB 271, AS 43.52 has been amended                                                                     
     three times; two of which were to exempt Alaskan businesses                                                                
     doing business with other Alaskan businesses. The third time                                                               
     was to exempt motorcycles.                                                                                                 
                                                                                                                                
     The intent of SB 178 is to clarify, once again, which rental                                                               
     vehicles are to be covered by the tax and which are not. It is                                                             
     the committee's intent that only passenger rental cars, as                                                                 
     described in AS 43.52.010, should be taxed.                                                                                
                                                                                                                                
Signing do pass: Senator Meyer, Cochair; Senators Bishop, Hoffman.                                                              
Signing no recommendation: Senators Dunleavy, Olson. Signing                                                                    
amend: Senator Fairclough.                                                                                                      
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 2, indeterminate, Department of Revenue                                                                    
                                                                                                                                
The bill was referred to the Rules Committee.