Legislature(2015 - 2016)HOUSE FINANCE 519
04/11/2016 01:30 PM House FINANCE
Audio | Topic |
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Start | |
HB118 | |
HB290 | |
HB375 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | HB 118 | TELECONFERENCED | |
+ | HB 243 | TELECONFERENCED | |
+ | HB 315 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+= | HB 290 | TELECONFERENCED | |
+= | HB 375 | TELECONFERENCED | |
HOUSE BILL NO. 375 "An Act requiring the electronic submission of a tax return or report with the Department of Revenue; and providing for an effective date." 2:48:30 PM KONRAD JACKSON, STAFF, REPRESENTATIVE KURT OLSON, introduced the bill that required the electronic submission of a tax return or report with the Department of Revenue (DOR). He noted that the governor introduced six tax bills that all included provisions for electronic submissions of tax returns and reports. He stated that electronic submission of documents had become commonplace and was a time saving and cost cutting measure for both the taxpayer and the state. He furthered that there were only two sections that made substantive changes to current statute; the first authorized electronic filing and the second assessed a civil penalty for failing to file electronically. Co-Chair Thompson observed that Section 1 of the bill allowed for a waiver if a taxpayer did not have access to computers. Mr. Jackson deferred the question to the department. Co-Chair Thompson wondered how the taxpayer would apply for a waiver. Mr. Jackson deferred the question to the department. Representative Munoz asked how the waiver process would work. She favored the benefits of electronic filing but was concerned about the segment of the population that was "disadvantaged" by the requirement. Vice-Chair Saddler wondered what electronic meant. He asked whether the method included a fillable form or an electronic PDF format. Mr. Jackson responded that the basic language in the bill referred to a form prescribed by the department. 2:53:40 PM JERRY BURNETT, DEPUTY COMMISSIONER, TREASURY DIVISION, DEPARTMENT OF REVENUE, responded that the department envisioned the waiver process to include a paper form the taxpayer filled out to request a waiver. He reported that currently all tax payers were businesses or corporations. The department expected a very small number of waiver requests. Representative Munoz asked whether the bill included employment security taxes. Ms. Burnett responded that employment security taxes were filed through the Department of Labor and Workforce Development (DOLWD). Representative Munoz wondered what percentage of current tax payers used paper filing. Ms. Burnett replied that the department only recently introduced electronic filing for businesses and corporate filing had already mandated electronic filing. Representative Kawasaki asked what the percentage of filers that filed by paper was. Mr. Burnett responded that the department was transitioning out of paper filing. He did not have statistics and expected that very few taxpayers would choose paper filing due to the convenience of electronic filing. Representative Kawasaki asked about the satisfactory evidence requirement in the bill in order to receive a waiver. Mr. Burnett responded that satisfactory evidence would entail not having the ability or practicality to access the internet. 2:58:06 PM Representative Kawasaki referred to Section 7 that contained the transitional provisions. He recounted that DOR will adopt regulations for implementation of electronic filing. He wondered how long the time was between the passage of the bill and when electronic filling would be implemented. Mr. Burnett expected the regulations would be quickly implemented but was not sure of the specifics. Representative Kawasaki wanted to ensure that the transition time was sufficient and allowed tax payers' time to adjust and prepare for the change. Mr. Burnett commented that the regulation process would implement a time period. He explained that the state did not have a large number of tax payers in any area other than corporate tax payers. He ensured the committee that the department would engage in some kind of outreach. He did not anticipate any issues in the transition. Representative Kawasaki mentioned that the waiver system included a civil penalty and wondered whether the bill contained "typical language" when dealing with tax filing. He preferred that penalties would be deferred until after the first set of electronic filing was due. Mr. Burnett relayed that "it was typical for a taxing agency to have mandatory language." Representative Kawasaki wondered about the zero fiscal note. He was under the impression that electronic filing saved time and money and did not see savings reflected in the fiscal note. Mr. Burnett answered that most taxpayers were already filing electronically. He noted that over the past several years the department "ramped down" staffing levels as the electronic system came online. He indicated that the effect on budgetary savings was gradual and were currently difficult to define. He offered that when the Permanent Fund Division instituted electronic filing staffing decreased from over 100 to over 70 employees. Vice-Chair Saddler wondered whether the bill was necessary. Mr. Burnett responded that legislation was necessary because some taxpayers were just not willing to file electronically. He voiced that "there was no business reason" for a taxpayer not to file electronically and the few paper filers affected efficiency. Vice-Chair Saddler asked about the digitization of forms and asked if the taxpayer's information was sent directly into the department's database. Mr. Burnett replied in the affirmative. He expounded that the department had a web portal and information went directly into the system. 3:05:03 PM Representative Edgmon related that broad based taxes were on the horizon and asked whether there would be any need to provide some exceptions for rural communities without access to reliable internet. Mr. Burnett answered that how DOR handled individual taxes would be examined as a separate issue. Representative Edgmon indicated that if the state implemented an income tax electronic filing would certainly aid the department especially with non-residents filing. He thought an exemption for smaller rural communities should be an option. Mr. Burnett replied that the legislation allowed for a regulatory process as a means for the department to deal with the issue of income taxes. Representative Guttenberg was happy to see the state move forward electronically. However, he was concerned with internet accessibility. He remarked that if he personally had to go through a portal to complete his filing he would unlikely not be able to complete it. He felt that the state was "not up to speed" in terms of having sufficient internet service in Alaska; much of the state had inadequate or dysfunctional internet service. Representative Munoz remarked that she was old fashion and still filed paper federal tax returns. She thought a longer exemption period might be better. She suggested a 3 or 5 year tome period for exemptions. 3:12:05 PM Representative Gara thought an option to file by paper should remain due to the fact that in some places the capability to file online did not exist. Mr. Burnett agreed that a business might be located in a place without adequate internet service and reported that an exemption provision existed in the legislation. Representative Pruitt asked whether business licenses were required to be filed online. Mr. Burnett was uncertain whether it was mandated. Representative Pruitt supported the legislation as a step in the right direction and believed electronic filing for many state purposes was the preferred method that increased efficiency and lowered costs. He wondered whether any of the state's online filing was required. Representative Wilson asked whether the Department of Labor and Workforce Development could benefit from the same kind of bill. Representative Gara thought that applying for a waiver was a cumbersome process and thought that the response might be slow and cause late filing. He wondered whether a taxpayer could just call and request a paper file. Co-Chair Thompson ascertained that the waiver process would be handled in regulations. Mr. Burnett indicated that the bill authorized the department to design the regulations for the exemption process and could be handled as suggested by Representative Gara. Representative Gara interpreted Section 1 as prohibiting sending the form upon request without proving necessity. He believed that the department's administrative costs would be lowered if a paper copy would be provided upon request without employing staff time reviewing waiver criteria. He thought the process was "cumbersome." Representative Gattis agreed with Representative Gara. She relayed from personal experience that sometimes paper filing was necessary or preferred. She wanted to ensure the waiver process was much easier until the online process was in more universal use in the state. Co-Chair Thompson supported the legislation. He offered that electronic filing had already resulted in efficiency and cost savings for the department and HB 375 contained a provision to obtain a waiver when necessary. 3:20:25 PM Co-Chair Thompson OPENED public testimony. 3:20:34 PM Co-Chair Thompson CLOSED public testimony. Representative Munoz MOVED Conceptual Amendment 1. Representative Munoz moved conceptual amendment 1 related to page 2, line 4 extending the exemption period from two years to five years. Representative Wilson OBJECTED for discussion. Representative Munoz thought 2 years was onerous for some who needed to file via paper and would have to reapply for the waiver after only two years. Representative Wilson WITHDREW her objection. Representative Kawasaki shared Representative Munoz's concern. He was unsure whether the amendment was up to 5 years or extended for a full five years. Representative Munoz WITHDREW Conceptual Amendment 1 Representative Munoz MOVED Conceptual Amendment 2 that applied to page 2, line 4 of the bill removing "2" and replacing it with "5". She clarified that the amendment extended the exemption period to 5 years. Representative Kawasaki OBJECTED for discussion. Representative Kawasaki related that the department had already experienced a savings with electronic filing and that it would take time for the exemption regulations to be written. He recognized the need to file paper returns but felt that 5 years was "too long a time period" to allow compliance. He opposed the amendment. Representative Gara did not believe people were reading the statute correctly. He deduced that the exemption was only granted if a taxpayer was unable to file electronically and not because the taxpayer merely resisted change. He supported conceptual amendment 2. Representative Wilson supported the amendment. Vice-Chair Saddler indicated he favored the amendment. A roll call vote was taken on the motion. IN FAVOR: Guttenberg, Munoz, Saddler, Wilson, Edgmon, Gara, Gattis OPPOSED: Kawasaki, Pruitt, Thompson The MOTION PASSED (7/3). Representative Neuman was absent from voting. 3:26:40 PM Vice-Chair Saddler reviewed the zero fiscal impact note from DOR. 3:26:59 PM Vice-Chair Saddler MOVED to REPORT HB 375 as amended out of committee with individual recommendations and the accompanying fiscal note(s). There being NO OBJECTION, it was so ordered. CSHB 375 (FIN) was REPORTED out of committee with a "do pass" recommendation and with a new accompanying zero fiscal impact note by the Department of Revenue. Co-Chair Thompson reviewed the agenda for the following day.
Document Name | Date/Time | Subjects |
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HB 118 AEA Graphic.pdf |
HFIN 4/11/2016 1:30:00 PM |
HB 118 |