Legislature(2013 - 2014)SENATE FINANCE 532

03/28/2013 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 22 CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT TELECONFERENCED
Moved CSSB 22(FIN) Out of Committee
*+ SB 83 INTEREST ON CORPORATION INCOME TAX TELECONFERENCED
Moved CSSB 83(FIN) Out of Committee
+ SB 57 LITERACY, PUPIL TRANSP, TEACHER NOTICES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 83                                                                                                            
                                                                                                                                
     "An  Act relating  to the  corporation  income tax;  and                                                                   
     relating  to  the  computation  of  interest  under  the                                                                   
     look-back  method applicable  to long-term contracts  in                                                                   
     the Internal Revenue Code."                                                                                                
                                                                                                                                
9:14:08 AM                                                                                                                    
                                                                                                                                
Senator  Bishop   MOVED  to  ADOPT  the   proposed  committee                                                                   
substitute  for  SB  83,  Work  Draft  28-LS0634\U  (Bullock,                                                                   
3/27/13)  as a working  document. There  being NO  OBJECTION,                                                                   
it was so ordered.                                                                                                              
                                                                                                                                
CHRISTINE  MARASIGAN, STAFF, SENATOR  KEVIN MEYER,  discussed                                                                   
the change  in the  CS. She noted  that on  ppage 1,  line 11                                                                   
the  retroactive effective  date  was changed  to January  1,                                                                   
2013.                                                                                                                           
                                                                                                                                
SENATOR  PETER  MICCICHE,  SPONSOR,   read  from  a  prepared                                                                   
statement.  He  explained the  legislation.  He  communicated                                                                   
that in  addition to its focus  on corporate income  tax, the                                                                   
bill  was about  fairness and  simplicity.  He detailed  that                                                                   
currently  for   state  and  federal  corporate   income  tax                                                                   
purposes  contractors undertaking  large multi-year  projects                                                                   
such  as highways,  schools, and  universities were  required                                                                   
to  estimate their  total  profit  on a  project  and to  pay                                                                   
income  tax on  the portion  of  the project  completed in  a                                                                   
given tax year.  He stated that it was impossible  to predict                                                                   
in the  first year  of the  project what  the actual  cost or                                                                   
profit  would be.  Upon completion  of the  project and  once                                                                   
the profit amount  had been determined, the  contractor filed                                                                   
look-back  taxes (an  amended  return).  A contractor  either                                                                   
owed additional taxes  or received a refund  based on whether                                                                   
the profit  had been  over or  under estimated; interest  was                                                                   
owed on the additional taxes due.                                                                                               
                                                                                                                                
Senator Micciche  relayed that although the  Internal Revenue                                                                   
Service  (IRS) code  had a  specific provision  for over  and                                                                   
under  payments   of  estimated  taxes  for   the  multi-year                                                                   
projects,  existing   state  laws  considered   the  payments                                                                   
delinquent  and  applied an  11  percent interest  rate.  The                                                                   
state made  no distinction between  its system  of estimating                                                                   
taxes  based  on a  contractor's  best  knowledge and  a  tax                                                                   
payer who  did not  make a timely  filing. He believed  there                                                                   
should be a  distinction between a tax penalty  on delinquent                                                                   
taxes and an  amended return. Conversely, the  bill would tie                                                                   
the interest  rate to  a recognized index  as opposed  to the                                                                   
11  percent  interest   currently  paid  by  the   state  and                                                                   
contractors in the current outdated system.                                                                                     
                                                                                                                                
Senator  Micciche  expounded  that  the  bill  corrected  the                                                                   
interest issue,  simplified the process for  contractors, and                                                                   
adopted the IRS  bulletin rates for look-back  taxes on long-                                                                   
term projects allowing  contractors and the state  to use the                                                                   
same interest  pay schedules for  state taxes as  the federal                                                                   
system. Currently  the interest rate was 2  percent for under                                                                   
payments  when the profit  had been  underestimated and  over                                                                   
payments when the  state owed money in the  amount of $10,000                                                                   
or  less; interest  was currently  levied at  0.5 percent  on                                                                   
amounts  greater than $10,000.  The rate  fluctuated and  was                                                                   
published quarterly.  The CS specified the tax  policy bullet                                                                   
would  be  in effect  for  the  2013  calendar tax  year.  He                                                                   
communicated that  the bill would  primarily impact  Alaska C                                                                   
corporation   contractors,   lenders,  and   surety   bonding                                                                   
companies; it  would ultimately  allow for greater  cash flow                                                                   
that  would   be  reinvested  in  Alaska's   communities.  He                                                                   
pointed to  several letters  of support  (copy on file)  from                                                                   
general    contractors,    the   Association    of    General                                                                   
Contractors, bankers,  public accountants, surety  or bonding                                                                   
brokers,  and  other.  He opined  that  the  legislation  was                                                                   
beneficial  for the  state,  private sector  businesses,  and                                                                   
Alaskans and it was an issue of fairness.                                                                                       
                                                                                                                                
Senator Olson asked  whether there was any opposition  to the                                                                   
bill. Senator  Micciche was not  aware of anyone  who opposed                                                                   
the modernization of the state's interest rates.                                                                                
                                                                                                                                
Senator Olson  inquired about the administration's  position.                                                                   
Senator Micciche  responded that he  could not speak  for the                                                                   
administration,  but  believed   the  Department  of  Revenue                                                                   
(DOR) was in support of the bill.                                                                                               
                                                                                                                                
9:19:30 AM                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough OPENED public testimony.                                                                                  
                                                                                                                                
IDONNA  PEIPER  NELSON,  CFO  AND  PARTNER,  PRINCIPLE  DAVIS                                                                   
CONSTRUCTORS AND  ENGINEERS INC., spoke in support  of SB 83.                                                                   
She  believed that  the issue  was  not previously  addressed                                                                   
due  to the  complexity of  the  issue. She  stated that  the                                                                   
interest rate  was assessed on  a tax that was  difficult for                                                                   
the  taxpayer  to  understand  or  was  even  aware  of.  She                                                                   
explained  that  a  large  contractor   was  defined  by  the                                                                   
federal government  as a contractor  bringing in  $10 million                                                                   
or  more per  year  in revenue;  most  contractors fell  into                                                                   
that  category.  When a  contractor  began a  fixed-fee  job,                                                                   
they did  not know exactly how  profitable it would  be; risk                                                                   
was reduced as  the project progressed and more  became known                                                                   
about  exact costs.  Typically contractors  started out  with                                                                   
conservative  cost  estimates;  each  year  the  contractor's                                                                   
current estimate  was applied to  the amount of  revenue they                                                                   
had and taxes were paid on the total amount.                                                                                    
                                                                                                                                
Ms.  Nelson communicated  that  the legislation  would  allow                                                                   
contractors  to pay  taxes  retroactively  once actual  costs                                                                   
were known. The  objective was to make everyone  "whole." She                                                                   
detailed that  if a  contractor was  not conservative  in the                                                                   
early  years of  a project  they  would lose  the respect  of                                                                   
their  banker,  bonding  company,  shareholders,  and  others                                                                   
involved  in the project.  She furthered  that because  taxes                                                                   
were  paid and  income was  reported based  on estimates,  it                                                                   
was  crucial that  estimates  were  conservative  and that  a                                                                   
gain was shown  by the project's end. She stated  that a good                                                                   
contractor would  always have look-back taxes  and an ethical                                                                   
contractor  always  paid taxes  owed  on time.  She  stressed                                                                   
that  Davis Constructors  was  never  delinquent  in its  tax                                                                   
payments.  She opined that  the high  interest rate  intended                                                                   
to deter companies  from making late tax payments  was fairly                                                                   
insulting.                                                                                                                      
                                                                                                                                
Ms. Nelson  continued to discuss  the company's work  and its                                                                   
contribution to  the state. She conveyed that  any additional                                                                   
profits that  would result from  decreased interest  on look-                                                                   
back taxes would  flow back into the business.  She discussed                                                                   
that federal rates  charged on look-back taxes  were designed                                                                   
to  recognize that  the factor  was out  of the  contractors'                                                                   
control.  Under  the  circumstance,  the  federal  government                                                                   
allowed  businesses to  pay the  same interest  rate that  it                                                                   
paid a  tax payer  who had overpaid  taxes. She relayed  that                                                                   
an  unethical  contractor  could  technically  make  interest                                                                   
money   from   the   federal   and   state   governments   by                                                                   
overestimating its ultimate profits.                                                                                            
                                                                                                                                
9:28:11 AM                                                                                                                    
                                                                                                                                
JOHN  MACKINNON,   EXECUTIVE  DIRECTOR,  ASSOCIATED   GENERAL                                                                   
CONTRACTORS  OF   ALASKA,  ANCHORAGE  (via   teleconference),                                                                   
spoke  in support  of  SB 83.  He  emphasized  that the  bill                                                                   
would bring the  interest rate on the taxes  due in-line with                                                                   
current  rates and  would fluctuate  with  the federal  rate,                                                                   
which could  change quarterly.  The bill  would separate  the                                                                   
look-back  provision and  interest  on the  taxes from  other                                                                   
sections of the  code that were considered  delinquent taxes.                                                                   
He stressed  that the taxes due  were a result of  an amended                                                                   
return and were  not delinquent. He believed  the bill helped                                                                   
level the  playing field for  C corporations and  other types                                                                   
of corporations.                                                                                                                
                                                                                                                                
Vice-Chair Fairclough CLOSED public testimony.                                                                                  
                                                                                                                                
Vice-Chair  Fairclough   addressed  the  indeterminate   zero                                                                   
fiscal note from  DOR. She pointed to the analysis  on page 2                                                                   
of the  fiscal note,  which point  out, which indicated  that                                                                   
approximately  50  percent  of  the  corporations  in  Alaska                                                                   
would qualify. Changes in revenues were indeterminate.                                                                          
                                                                                                                                
Co-Chair  Meyer  supported  the   legislation.  He  MOVED  to                                                                   
REPORT  CSSB   83(FIN)  out  of  committee   with  individual                                                                   
recommendations  and  the  accompanying  fiscal  note.  There                                                                   
being NO OBJECTION, it was so ordered.                                                                                          
                                                                                                                                
CSSB 83(FIN) was  REPORTED out of committee with  a "do pass"                                                                   
recommendation  and  with  a new  indeterminate  fiscal  note                                                                   
from the Department of Revenue.                                                                                                 
                                                                                                                                
9:31:57 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:36:17 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
SB022CS(JUD)-LAW-CRIM-03-06-13.pdf SFIN 3/28/2013 9:00:00 AM
SB 22
SB 83 26 USC 460.pdf SFIN 3/28/2013 9:00:00 AM
SB 83
SB 83 Interest on Under-Overpayments on Fed Taxes.pdf SFIN 3/28/2013 9:00:00 AM
SB 83
SB 83 Sponsor Statement scanned.pdf SFIN 3/28/2013 9:00:00 AM
SB 83
SB 57 SampleParentInvolvement_Pamphlet_Idaho.pdf HEDC 4/8/2013 8:00:00 AM
SFIN 3/28/2013 9:00:00 AM
SB 57
SB 57 Third Grade Reading Policies.pdf HEDC 4/8/2013 8:00:00 AM
SFIN 3/28/2013 9:00:00 AM
SB 57
SB 57 ECS_Third Grade Literacy Policies.pdf HEDC 4/8/2013 8:00:00 AM
SFIN 3/28/2013 9:00:00 AM
SB 57
SB 57 SupportLetters.pdf HEDC 4/8/2013 8:00:00 AM
SFIN 3/28/2013 9:00:00 AM
SB 57
SB 57 SponsorStatement_VersionC.pdf SFIN 3/28/2013 9:00:00 AM
SB 57
SB 57 Sectional_VersionC.pdf SFIN 3/28/2013 9:00:00 AM
SB 57
SB49_Backup_ 2001 Planned Parenthood Case from Alaska Supreme Court.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB49_Backup_ Administrative Law Judge Decision from Sept. 24, 2012.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB49_Backup_ Citation from Dr. Priscilla Coleman.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB49_Backup_ Executive Order 13535 from President Obama.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB49_Backup_Bibliography of Peer Review Studies on Abortion and Mental Health from Dr. Priscilla Coleman.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB49_Backup_Definition of Abortion.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB49_Backup_Evidence for Casual Association between Abortion and Mental Health.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB49_Backup_Guttmacher_State Funding for Abortions under Medicaid.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB49_Backup_Hyde Amendment.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB49_Backup_NCSL Statistics for State Funding of Abortions Under Medicaid.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB49_Backup_Quantitative Reasons Women have Abortions.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB49_Backup_Statistics from Alaska Borough of Vital Statistics on Abortion.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB49_Backup_Written Testimony of Dr. Priscilla Coleman.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB49_Sectional_Analysis.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB49_Sponsor_Statement.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB49_Summary_of_Changes.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB49_Supporting_Documents.pdf SFIN 3/28/2013 9:00:00 AM
SB 49
SB 83 Support Letter - Davis.pdf SFIN 3/28/2013 9:00:00 AM
SB 83
SB 83 Support Letter - FMStrand.pdf SFIN 3/28/2013 9:00:00 AM
SB 83
SB 83 Support Letter - KC Corp.pdf SFIN 3/28/2013 9:00:00 AM
SB 83
SB 83 Support Letter - Udelhoven.pdf SFIN 3/28/2013 9:00:00 AM
SB 83
SB 83 Support Letter - FNBA.pdf SFIN 3/28/2013 9:00:00 AM
SB 83
SB 83 work draft Version U.pdf SFIN 3/28/2013 9:00:00 AM
SB 83
SB 22 work draft version P.pdf SFIN 3/28/2013 9:00:00 AM
SB 22