LHC
The Tax Appeals System in California
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although fairness and objectivity in their activities are promoted by
the ~gency, the hearing officers are inherently susceptible to at least
three influences which tend to militate against them being objective:
a) they are employed by the tax-administering authority and so may be
subject to its bias, b} they belong to the same organization as, and
may personally know, those who administer the tax and so may be
affected by a sense of organizational or personal loyalty, c) they
are generally drawn from among the ranks of B of E auditors and lawyers
and so may be predisposed to view the auditor's position and arguments
sympathetically.
5)
Because the Board of Equalization is not perceived as an impartial
appellate body, some determinations are not appealed on the belief
that appeal would be a fruitless pursuit~ This is especially true of
tax determinations which are ~ubstantially passed through to consumers.
Consequently, consumers may be paying improperly levied taxes.
This
situation is most likely to occur in two areas, utility assessments
and sales tax determinations.
Property tax payments are generally considered by the Public Utilities
Commission (pUC)--which regulates the rates which public utilities may
charge their customers--to be a legitimate and unavoidable cost of
business for utilities. Therefore, the PUC usually grants utility
company
reque~~s for rate increases necessary to pay property tax
liabilities.
As a result, utilities generally have little incentive
to pursue vigcrously appeals of property valuations made by B of E,
especially when the Board is perceived to be biased in Its outlook.
To the extent that a B of E valuation would be judged incorrect by
some independent appellate body, utility company consumers are paying
an incorrect amount of tax.
Similarly, retailers are authorized by law to directly pass on to
their customers the sales taxes which retailers are required to pay on
their taxable sales.
Therefore, a retailer who bel ieves a commodity
he/she sells is being improperly subjected to sales taxation may not
be inclined to exert much effort to challenge that application of the
sales tax.
This disinclination may be overcome to some extent if the
retailer is placed in a less profitable position by the fact that
competing commodities are not subject to the sales tax and so are
less costly to purchase.
However, when determining whether pursuing
appeal would be worthwhile, the retailer must weigh the effort and
cost of appeal against the extent of the loss resulting from the
competitive disadvantage.
The relative perceived costs of pursuing
appeal will tend to increase when appeal to the Board of Equalization
is perceived as a largely futile effort to convince a biased body.
Hence, a perceived bias in the Board could discourage an appeal which
correctly argues that consumers are being improperly taxed.
6)
The overlapping membership of FTB and B of E impairs the objectivity
of B of E's adjudication of FTB appeals cases.
As member~ of the
body which establishes pol icies regarding the administration of personal
and corporate income taxes, the Chairman of the Board of Equalization
and the Controller are inherently prone to view from a biased perspec-
tive appeals which challenge those policies.
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removal of tax-administering functions from the Board of Equal izatton could
be an important first step toward centralizing State revenue adminlstra-
tion--a move which the Commission still believes to be a highly desirable
economy measure.
Some of B of E's major tax-related functions (most notably intercounty
equalization and utilities assessment) are constitutionally assigned and
their transfer to another agency would require passage of a constitutional
amendment.
However, a great many of the appeals presently heard by the
Board stem from taxes administered by the Board under the prescription of
statute.
Responsibi lity for the administration of these taxes could
readily be transferred to another agency, thus substantially reducing the
administrator-adjudicator conflict now inherent in the Board's dual role.
Two of the current criticisms of the Board as an appellate body would not
necessarily be remedied under this option:
a) Unless a department of
revenue were created and the Franchise Tax Board abolished, two FTB members
would still be 'sitting as B of E members; b) There would still be no
requirement for expertise among the B of E members themselves.
C.
Create a new administrative entity to hear tax appeals.
Such a new
entity could assume any of a variety of forms.
Presumably, however, It
would be designed as some sort of plural body (board, commission, tribunal,
etc.) so as to avoid a concentration of adjudicatory power under a single
agency head and thus the creation of an appellate czar.
The members of
this body could be required to possess relevant expertise and could prob-
ably best be insulated from political influences if they were appointed by
the Governor for fixed overlapping terms with confirmation by the Senate.
These members could either hear appeals directly or act as a review board
over decisions rendered by administrative law judges or hearing officers.
Being a new entity unbounded by precedent, it could tailor Its procedures
to meet the needs of providing equitable tax hearings in an economical
fashion.
Whatever the structure of a new administrative appellate entity, it would
by definition be a part of the executive branch of government and so could
suffer some lack of credibility among taxpayers as a completely impartial
appellate authority.
However, if properly detached organizationally and
politically from other segments of the executive, it seems probable that
the public'would view the entity as independent.
D.
Institute a tax court.
Many of those who testified before the
Commission and voiced disfavor with present appellate structures indicated
a preference for the replacement of those structures with a tax court.
Such a court would be equal in stature to Superior Court, but would be of
limited, specialized jurisdiction and would be manned by judges with exper-
tise in tax matters.
The major advantages of a tax court over any administrative appellate body
would be a greater sense of finality of its decisioMs with respect to
questions of law, and a greater likelihood of taxpayer confidence in the
detachment and fairness of appeal del iberations.
Even though It may be
vested with the authority to adjudicate points of law as well as fact, an
administrative body's rulings on purely legal matters may tend to be viewed
-24-
by taxpayers (and their attorneys) as somewhat less definitive than a
ruling by an arm of the judiciary. Although it cannot be said with
certainty, it is suspected that a tax court ruling would be less likely
to be appealed to a higher court than would an administrative body's
ruling.
By placing tax appeals within the purview of the Judiciary, it
is also expected that taxpayers would be more apt to feel their grievances
would receive a full measure of due process.
Testimony received by the Commission suggested that a disadvantage to
establishment of a tax court would be its relatively high cost.
However,
there Is no evidence indicatIng that in fact this option would be unac-
ceptably expensive to institute.
The Judicial Council--which is responsible for general administration of
the State's court system--has traditionally opposed the creation of
specialized courts (tax courts, divorce courts, etc.).
This opposition
has been based largely upon the arguments that specialization reduces
administrative flexibility by limiting the transferability of judicial
resources (i.e., judges and legal support staff), and that it tends to
lead to jurisdictional conflicts.
Which Taxes?
It may not be prud~'t or feasible to place all tax disputes under the
jurisdiction of a single appellate structure.
Since the design of any
new appellate stru~ture can be sIgnIfIcantly influenced by the nature and
volume of cases which it must handle, some consideration should be given
to the question of which taxes would be adjudicated under the structure.
(An overview of pertinent tax characteristics is provided on page 40.)
In regard to this question, three points in particular bear attention:
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OVERVIEW OF TAX CHARACTERISTICS
ADMINISTERED
APPEALED
APPEALS VOLUME
TAXES
BY
TO
1977-78
SPECIAL COMMENTS
Business
Sal es & Use
B of E
B of E
Alcoholic beverage
B of E
B of E
Total
Administrative function
Business
assigned by Constitution
Ci garette
B of E
B of E
Taxes:
163
Fuel
B of E
B of E
(heard by the
Board itself;
El ectri cal energy
B of E
B of E
prel iminary
hearings not
Insurance
B of E &
B of E
incl uded)
Administrative function
Insurance
assigned by Constitution
Comm; ssi oner
Pers ona 1 Income
FTB
B of E
Total FTB: 553
(400 of these
Corporate Income
FTB
B of E
dismissed be-
fore being
Payroll
heard)
Un emp 1 oymen t Insurance
EDD
UIAB
Total
Payroll tax appeals are
Payroll:
frequently intertwined
Disability Insurance
EDD
UIAB
1010 heard by
with unemp1oyment/
ALJ's; 182 heard disability benefit
Withholding
EDD
UIAB
by Board*
eligibility disputes
Inheri tance
Controller
Super; or
Not Available
Court
Gift
Controller
Superior
Not Available
Court
State-assessed property
Intracounty
B of E
B of E
1*
Appellate function
assigned by Constitution
,.
Intercounty
B of E
B of E
56*
Administrative function
assigned by Constitution
Util ities
B of E
B of E
17*
Administrative function
assigned by Constitution
Private Care
B of E
B of E
13*
Administrative function
assigned by Constitution
Timber Yield
B of E
B of E
a
-
Locally-assessed
County
County Bd.
23,109
Appellate function
Property
Assessor
of
assigned by Constitution
Equalization .
*Calendar Year 1978
aThe administration of this tax has been fully operative only a short time.
The first
appellate hearing on this tax was in November 1978; it is expected there will be two
more by June 1979.
-26-
1)
The number of locally assessed property tax appeals is so much
greater than the number of other tax appeals that their inclusion
(or exclusion) under a new appellate structure would substantially
affect at least the physical (e.g., number and type of staff, geo-
graphical distribution of appellate offices, total costs) and possibly
the functional (e.g., hearing procedures, type of adjudicator)
characteristics of the structure.
2)
Some tax administration and appeals functions are assigned to
particular bodies by the State Constitution.
Changing the assign-
ment of these functions would require a constitutional amendment, an
act which is generally considered to be difficult to achieve.
Most
notably, changing the current local property tax assessment appeals
procedures would require a constitutional amendment.
3)
No major criticism of the UIAB as an appellate structure was
evidenced in this study.
It appears essentially independent of the
tax-administering agency of which it is a part and its ALJ's have
relevant expertise.
Also, tax appeals cases heard by UIAB are very
often inextricably involved with benefit cases.
Separating out its
tax appellate functions for transfer to another body may only
complicate those cases which involve both benefit and tax questions.
Costs.
Some have argued t~at considerations for equity and due process should
override those of cost in designing a system for deliberating on taxpayer
appeals.
The Commission agrees that achieving equity is of fundamental
and superior importance.
However, costs should not be totally ignored,
especially when it appears that there may be more than one acceptable
alternative available.
Any attempt at assessing the relative cost/benefit
of the alternatives is dependent upon at least some knowledge of the
expenses and savings which can be expected under each alternative.
Resource limitations have prevented the Commission from conducting an in-
depth cost/savings study of the various alternatives.
Nevertheless some
data were collected which may assist the effort to gain perspective on
basic cost dimensions and identify areas where additional expenditures or
savings might accrue.
1)
The State Board of Equal ization
According to figures suppl ied by the Board of Equalization, if the
Board had been relieved of its appellate functions it could have
reduced its budget by the following amour.ts for the corresponding
fiscal years:
Cost
Personnel years
1976-77
$478,897
16.6
1977-78
$462,990
14.9
1978-79
$482,551
14.9
(es t i mate)
These amounts represent direct costs for Board appel late review.
They
do not include a) indirect costs which could not be readily deleted
from B of E's budget if it were no longer responsible for hearing
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appeals; b) costs for preliminary business tax hearings; c) the costs
of operating the Office of Assessment Appeals (OAA).
(In the
Commission·s view, preliminary business tax hearings and OAA should
properly remain as review operations internal to B of E.)
2)
County Property Assessment Appeals
The Commission wrote to the twenty-five counties currently operating
assessment appeals boards and asked them to identify the savings that
would have accrued to them in fiscal year 1977-78 if they had been
relieved of their responsibility for hearing property tax assessment
appeals.
Twenty-one counties responded.
These twenty-one accounted
for 83% of the local property tax assessment protests filed statewide
in 1977-78.
Extrapolating the savings reported by these counties on
the basis of their proportion of statewide assessment protests, it is
estimated that the aggregate savings to all counties would have been
$1,883,854 (see Appendix B).
(There is reason to believe that this figure somewhat underrepresents
the actual savings that would have accrued.
Many of the counties
reported only their direct ap~eals board costs (i.e., compensation
for board members and clerical support staff) and did not include
services rendered by the county assessor·s office and county counsel
on behalf of the board.
The degree to which the aforementioned figure
is underrepresentative because of the omission of these costs is
undetermined.)
3)
The Unemployment Insurance Appeals Board
The Unemployment Insurance Appeals Board has calculated that its
average 1977-78 cost for· hearing tax appeals was $165 per hearing by
the lower authority (administrative law judge level) and $653 per
case reviewed by the higher authority (the Board itself).
In 1977-78
the lower authority disposed of 1137 cases and the higher authority
reviewed 175.
On the basis of these figures it is estimated UIAB
expended $327,563 on tax appeals cases in 1977-78.
However, UIAB
would probably not realize savings of this magnitude if reI ieved of
its tax appellate duties, because the average cost figure used to
infer this total expenditure amount includes overhead and other
indirect expenses which could not practically be reduced.
The extent
to which such irreducible indirect costs are represented in the
estimated total expenaiture is unknown.
4)
Superior Court
An undetermined savings would accrue as a result of reduced Superior
Court caseload if the decisions of a newly created appellate body were
appealable directly to the District Court of Appeals.
In addition,
inclusion of gift and inheritance tax matters wnder the jurisdiction
of the appellate body would further reduce the caseload of Superior
Court.
The extent of such a caseload reduction would be dependent
upon the scope of the tax matters placed under the jurisdiction of
the new appellate body.
-28-
There is 8 lnck of available information regarding the volume of
Superior Court tax cases.
There are also no figures readily avail-
able regarding typical or average per case costs for adjudicating
such matters in Superior Court.
(This information could certainly
be developed with sufficient investigation and analysis, but that
level of undertaking was not within the resources of this study
effort. )
The costs of setting up and operating a new appellate system can be deter-
mined only after pol icy decisions have been made regarding the structural
and functional 'framework of the new system.
Decisions regarding such
matters as the taxes to be included within the system's pruview and the
type of adjudicator to be employed will affect cost determinants such as
caseload and compensation levels.
However, from the information above, at least one cost perspective may be
established regarding a new system.
If the system were to include appeals
of business taxes, personal and corporate income taxes, and State and local
property tax assessments, if decisions under the system were appealable to
the District Court of Appeals, and if the bodies currently hearing these
tax appeals were to be relieved of that function, then expenditures for a
new system could run a minimum of $2,346,844 (in 1977-78 dollars) without
exceeding present combined State and local appellate costs.
This figure
is composed of the 1977-78 appellate cost estimates of the State Board of
Equal ization and the county boards of equalization/appeals.
The figure
is definitely cons~rvative since it does not include 1) some amount of
county assessor and county counsel costs (see above) or 2) Superior Court
costs.
Other States.
The Commission conducted a limited review of other states' tax appeals,
but this review revealed no pronounced trends or obvious "models" to guide
the establishment of a new system in California.
Appellate structures and
practices among the states vary considerably ranging from states which
maintain tax courts possessing full judicial status to states which pro-
vide only informal review by the tax-administering agency.~ It is
interesting to note, however, that in the last twenty years no less than
a dozen states have reevaluated their methods of adjudicating tax appeals
and reacted by establishing new appellate systems.
Selecting an Alternative
Deciding upon the i'best" design for a new system of adjudicating tax
appeals is largely a subjective pol icy matter properly assigned to the
Legislature for final deliberation and action.
Some presently unknown--
and perhaps undeterminable--factors (e.g., the specific costs and taxpayer
acceptance of alternative systems) may weigh in that decision.
Given
these unknowns, the Commission cannot conclusively recommend an alternative
that would in fact prove most efficient and effective.
Nevertheless, the
Commission does offer the following recommendations and suggestions in
addition to its aforementioned primary recommendation that a new appel-
late system be established incorporating specified characteristics (see
page 22).
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f
i
I)
Whatever new appellatb ~ystcm is established, it should not
remove from the Unemployment
In~llrance Appeals Board the responsibility
for adjudicating the payroll tax appeals the Board now handles.
These
appeals are so often closely connected with unemployment insurance
benefit appeals that their separation from the Board would probably
only tend to promote confusion and inefficiency at no obvious gain
to justice.
2)
An attempt should be made to secure the necessary constitutional
amendment permitting property tax assessment appeals to be included
within whatever new system is established.
Property assessment pro-
tests comprise by far the largest number of taxpayer appeals.
The
State's voters should be afforded an opportunity to decide whether
or not the present assessment appeals structure should remain as
designated in the State Constitution.
3)
Provided that there would be a sufficient volume of tax appeals
to justify it, and provided that its costs of operation would not be
unduly high, institution of a tax court would appear to be the most
effective method for adjudicating tax appeals.
Being a part of the
judiciary, a tax court would probably be the alternative most likely
to provide both the fact and the perception of impartial ity and equity.
Without depreciating the general argument against specialized courts,
the Commission notes three points in support of a special ized tax
court:
a)
With the volume of cases to be handled by a court system
having jurisdiction over local property assessment appeals as
well as virtually all major State taxes (payroll taxes excluded),
the internal resources of a tax court would probably be suffi-
cient to be self-sustaining; i.e., any limitations that might
exist with respect to the transferability of resources between
a tax court and the rest of the judicial system would probably
not create any significant administrative difficulties.
b)
Tax law generally is complex and intricate.
Not uncommonly,
the complexity of the statutes is compounded by technical issues
regarding proper accounting methodology.
While there is no
reason to believe that these complexities are beyond the grasp
of the average justice, a judge who is unfami I iar with tax
issues would likely require more time to study a technically
complex case and may be less sensitive to any subtle but legally
significant technical nuances of a case than would a colleague
with expertise in tax matters.
Therefore, for a judicial system
handling any significant volume of tax cases, it wou;j seem that
establishment of a specialized tax court would contribute to
more effective and efficient judicial administration.
c)
The federal government operates a tax court which appears
to function quite effectively without producing any significant
administrative problems.
-30-
The position in favor of a tax court is contingent upon '~ufficient
caseload" and "reasonable cost," both of which are inexact and largely
subjective qualifiers.
Without attempting to specifically defin~
"sufficient caseload," the COfl1flllssion believes that a tax court would
be justified from a workload standpoint if it were assigned to handle
the property assessment appeals currently adjudicated by county boards
of equalization/appeals.
However, if a tax court were only to handle
appeals of state level taxes--and if the volume of those appeals did
not Increase substantially over recent historical levels--its exis-
tence as a specialized judicial entity could not be Justified on the
basis of appeals volume.
With regard to cost, "reasonableness" is a highly comparative term
which becomes even less precise 'lihen applied to efforts aimed at
attaining such immeasurables as IIjustice" and 'Jpublic confidence. "
Determination of the level at which the costs of operating a tax
court exceed any benefits to be derived from it is a matter best left
to the representative deliberations of the Legislature or the elector-
ate di rectly.
4)
Should the Legislature determine that the net cost of operating
a tax court is unacceptable, or If it proves impossible to include
within a tax courtls jurisdiction the adjudication of local property
assessments, .. ,len the Commission suggests that the Legislature closely
examine the possibility of consolidating appeals of state level taxes
under the Une,,'ployment Insurance Appeals Board.
Unless further
analysis shows the Board's operations to be unsatisfactory, consol i-
dation would appear to be a relatively inexpensive way of acceptably
achieving the ends sought by the creation of an independent tax appeals
entity.
Also, should the Legislature find consolidation under UIAB
to be a viable option, consideration should be given to further
enhancing the Board's independence by making it organizationally
separate from the Employment Development Department and any other
agency responsible for tax administration.
-31-
FOOTNOTES
1/
For example, from fiscal 1976-77 through 1978-79 only about 7%
of the protested business tax determinations received by the
Board of Equalization were appealed to the Board itself after
coosultations at the staff level.
Similarly, between 1976 and
1978 staff-taxpayer consultations resolved about 94% of the
personal and corporate income tax protests filed with the
Franchise Tax Board.
2/ California State Board of Equal ization.
Annual Report 1976-77,
pp. 11-12
3/
In order for a taxpayer to be assured of an oral hearing before
the Board, a request for such a hearing must be specifically stated
in the petition for.redetermination.
If not included in the
petition, the Board is not required to grant a request for an oral
hearing.
4/ California State Administrative Code.
Title 18, Chapter 2,
Section 5054
5/
I bi d.
6/ Literally, "de novo" means anew or again.
A de novo hearing is
one in which the court hears and considers the arguments of the
parties involved and rules on the substance of the arguments.
A hearing is not de novo when the court strictly limits its review
to the record of the foregoing hearing and rules only on whether
the adjudicating authority in that hearing acted properfy in
issuing its decision.
That is, the substance of the arguments is
considered and evaluated only to the extent necessary to determine
whether or not the ruling authority's decision was reasonable,
objective and legally correct.
7/ Cal ifornia State Administrative Code.
Title 18, Chapter 2,
Section 5024
8/ California Revenue and Taxation Code.
Division I, Part 3,
Sect ion 18 I 6.2
9/
Domenghini v. San Luis Obisbo County, 40 Cal. App. 3d 689.
Hunt-Wesson Foods, Inc. v. Alameda County, 41 Cal. App. 3d 163.
Madonna v. San Luis Obisbo County, 39 Cal. App. 3d 57.
Quinn v. Aero Services, Inc., 172 F 2d 157.
Westlake Farms, Inc. v. Kings County, 39 Cal. App. 3d 179.
10/
Cal ifornia State Constitution, Article XIII, Section 16
11/
Cal ifornia Revenue and Taxation Code.
Division 1, Section 1624
121
I bid.
Sec t ion 16 I I .5
-32-
l1!
In conducting this study, the Commission met with the Chairman
of the State Board of Equalization, the State Controller, the
Executive Officer and the Chief Counsel of the Franchise Tax
Board, and the Chief and Senior Administrative Law Judges of the
California Unemployment Insurance Appeals Board.
The Commission
also held a public hearing on February 13, 1979 to receive testi-
mony on this issue.
Oral or written testimony was submitted to
the Commission by the following organizations:
Amfac
California State Bar Association-Section on Taxation
California Chamber of Commerce
California Farm Bureau Federation
California Judicial Council
California Society of Certified Public Accountants
California Taxpayers I Association
Erns t and Ernst
Foremost - McKesson
Getty Oi I
Office of Administrative Hearings (State Dept. of General Services)
Pacific Gas and Electric Company
Southern Pacific Railroad
14/ The issues surrounding the State'~ present tax appellate structure
are not new.
Since 1939 at least 29 bills and constitutional
amendments have been introduced in the Legislature for the purpose
of creating an independent tax appeals body.
In addition,
establishment of an alternate appellate system has been recommended
in the reports of several studies including two published by the
Assembly Interim Committee on Government Organization (liThe Need
for a Department of Revenue in California," 1955 and "Cal ifornia's
Tax Administration," 1965) and one published by this Commission
("Proposed Organization of Revenue Administration in Cal ifornia,"
1964).
In spite of these recommendations and proposals, no effort
to create an independent tax appeals body has yet been successful.
This lack of success appears in large part to be a result of the
fact that such efforts were usually tied to a simultaneous and
very politically sensitive move to reorganize and consol idate tax
administration in the State, a movement which has never been real ized.
l2!
See footnote I.
16/
For an overview of other states l tax appeals systems, refer to
"State Tax Revie'" Agencies:
Organizations and Practices," research
report No. 79, published in December, 1978 by the Federation of Tax
Administrators, 444 North Capitol Street, N.W., Washington, D.C.
20001
-33-
APPENDIX A
-34-
-'
I
W
111
I
MAJOR TAXES AND LICENSE FEES COLLECTED BY THE STATE OF CALIFORNIA
MAJOR TAXES AND LICENSE FEES COLLECTED BY THE STATE OF CALIFORNIA
TAX
~;~~1 __ ~l~~=-~- ~~I;~~~I~rn;~;_I_~-~~~AATI~~'-~~s~~~~_1
SALES AND USE
TAX
State
Loca 1 Govern-
ments
Total
$5,030,438,159
$1,404,100,724
$6,434,538,883
•• p ... - •••• ~-~-.,.-.---.-.-- ••
Gross receipts from all retail trans-
actions not specifically exempt by
law and involving the sale or use of
tangible personal property are sub-
ject to a percentage tax.
Sellers pay
this tax and, under the authority of
the law, reimburse themselves by
charging the purchaser the amount of
the tax.
The tax consists of a
State portion (4.75%), a city and
county portion (1%), a county trans-
portation portion (0.25%) and, in
some areas, a special transportation
district portion (0.25%).
R&T: Div.
2, Parts
1. 5, 1.6
The tax is self-assessed and retailers
are required to file returns on either
a quarterly or a monthly basis in most
instances.
B of E is responsible for
auditing returns and collecting the
State and local shares of the tax ex-
cept in the case of a vehicle sale
between non-dealer parties.
For those
transactions, DMV collects the tax
from the purchaser at the time the
vehicle is registered. Local govern-
ment portions of the sales and use
taxes collected by B of E are appor-
tioned back to the local governments
based upon the place of transaction.
B of E
. -..... -.. ---------~.-~.~-------~----~-.- -~--~--- -----... _-----
I
W
0'1
I
TAX
PERSONAL INCOME
TAX
BANK AND
CORPORATIONS
FRANCHISE
INCOME TAX
I~.
------------ --- -- ----- ------- --- --- ---._-.-------- --1--'----- --------.--·--··-------------·---·_----·_·-l----
~~~~~~~l I
DESCRIPTION2
AUTHORITY I
ADMINISTRATION
APPEALS BOO_y3
----_. '-~'.--"'-----
----.-----.-~ -.. -------------- ----.. -------_._---- .---_.---------." ---------------------------------_._-
$4,667,887,272
~2 ,082 ,207 ,624
Personal income, after adjustment for I R&T: Div.2
authorized exemptions, deductions and Part 10
credits, is subject to taxation.
The
Persons with filing obligations and
tax liabilities are required to self-
assess this tax annually and submit
returns to FTB.
FTB is responsible
tax rate varies with the amount of
adjusted taxable income and is based
upon a generally progressive tax
scale ranging from 1% to 11%.
For-profit corporations and banks
are subject to a 9% tax on their
net taxable income with a minimum
tax of $200.
In addition, banks,
savings and loans and other finan-
cial institutions are subject to
an additional tax of up to 4% of
net income in lieu of local property
taxes, from which they are exempted
by the Constitution.
for overall administration of this
tax process including collecting re-
turns, refunding payments, auditing
returns and ensuring compliance with
tax laws.
A significant feature of
this tax is its required regu)ar with-
holding of a portion of income during
the course of the year.
In effect,
this is a requirement of current pay-
ment on expected year-end tax liabil-
ity. Most taxpayers have an amount
withheld each year which exceeds their
year-end liability and,.upon filing a
return, receive a refund from the
State for the amount over withheld.
Under contract with FTB, EDD is respon-
sible for ensuring proper withholding.
R&T: DiV.21 FTB is responsible for the administra-
Part 11
tion of this tax.
Tax liability is
self-assessed and is based upon net
income for the previous year.
FTB
audits a selected sampling of returns
to ensure compliance and monitor
accuracy.
B of E •
B of E
,
w
" ,
I,~~~~! ~~~-,~ '"J='~~~~i~~~~'-:-[: :~~:=~~_D~-;~;; ~~~;N~-~',-,~~~=-_:~~I~~~TH;~~_;~J-=:=~~~~~D~~~~~;~ ION--·'--·-=··,-=J. APPEALS BODy3
UNEMPLOYMENT
INSURANCE
CONTRIBUTION
DISABILITY
INSURANCE
CONTRIBUTION
$1,652,053,296
$ 588,972,301
To lessen the economic dislocation of lUI: Div.l,
involuntary unemployment, this tax is
Part 1
levied to provide d system of income
maintenance based upon insurance prin-
ciples.
Employers pay a percentage
tax on the first $6,000 of taxable
wages paid to eac~ employee during
the year.
The basic rate is 2.7%,
but the actual rate applied to an
individual employer may vary from
0.0% to 3.9% depending upon specified
circumstances.
Revenues finance
benefit payments to eligible unemploy-
ed persons.
This tax funds a State program deSign-I UI: Div.1.
ed to provide limited compensation
Part 1
for wages lost as a result of a non-
occupational illness or injury.
Em-
ployees pay this tax at the rate of
1% of the first $11,400 of wages re-
ceived for the calendar year.
With
the major exceptions of government
employees and the self-employed. most
employees in the State are required
to contribute to the Disability In-
surance program unless they have opted
to participate in a voluntary plan
which provides benefits at least com-
parable to those under the State pro-
gram.
Revenue from this tax provides
e1i9ible persons with benefit payments
of $30-$146 per week depending upon
the claimant's wages during a prescrib
ed base period.
__ • ____
~ __ .•. _. ___ .... ____ . ___ ._A ___________
~ __________ • L. ___
_
This is essentially a federal program
administered by the State. The tax
is self-assessed and employers are
required to file quarterly returns
with EDD. which is responsible for
overall administration of the tax.
EDD's responsibilities include audit-
ing returns. registering employers
and determining benefit payments.
Although this tax is paid by the
employee. employers are responsible
for deducting the proper amount from
their employees' wages and reporting
and paying these deductions to EDD.
EDO is responsible for overall admin-
istration of the tax including the
auditing of employer reports. the main
tenance of employee accounts and the
determination of benefit payments.
UIAB
UIAB
,
w
(» ,
TAX
MOTOR VEHICLE
LICENSE FEES
Motor vehicle
-- -. ---- .---- -----.-----. -- ---.. -.- --.---.-- --·-----·-·-·-·~-·l--·--···--·· ." -----.. --.... --... ----.-... -.-.. ------r------
-!~l~~~f _____ l.-_ ... ____ . _____ DES.~~_~~~_~_. ___________ ~TH?RIT_~J __________ ~!>"'I~!ST~ION _______ I~PEALS BO~~
This is an annual fee charged against
each vehicle.
It is imposed "in-lieu"
of any State or local property taxes
and is equal to 2% of the vehicle's
"market value" as calculated by DMV.
R&T: Div.21 DMV collects this fee as part of the
Part 5
vehicle registration process.
B of C
license fees 1$494,323,312
Trail coach
fees
39,831,392
Tota 1
$534,154,704
MOTOR VEHICLE
REGISTRATION
FEE
I $223,830,958
WEIGHT FEES
$128,785.984
.'
Motor vehicles and trailers are re-
quired to be registered annually.
An
$11 fee is charged at the time of
registration.
Comnercia1 motor vehicles and
trailers are subject to an annual
fee determined on the basis of the
nunmer of axles and unladen weight
of the vehicle.
._._---.-_._-_ .. _.--------
Veh: Div.3
Chapter 6
Veh: Div 3
Chapter 6
This fee is collected by DMV as a
condition of vehicle registration.
DMV collects this fee as a part of
the vehicle registration process.
-------~--------------.-------
B of C
B of C
,
W
<0 ,
TAX
--1----- ~-~-~~Nu~f- -- -,----- --- ------D~~~R; PTJ ;NT---------·-~r:UT~~-~;~~--I--------- ----- -·~~~INIS~~~~~ ------ ---'-f-;~EA~;BO~y3
__ _ -___ .. _____________ J~!.?:_J8 ___ _________________________________ -------------------------------------- --- --.---- ------ -------------
FUEL TAXES
Motor Vehicle
Fuel License I $785,139,561
Use Fuel Tax I
66,105,33Q
Total, Motor
Vehicle and
Use
$851,244,891
There are two categories of fuel taxeslconst:
1) the motor vehicle fuel license tax, Article XIX
which is imposed for the privilege of R&T: Div.2
distributing fuel, and 2) the use fuel Parts 2.3
tax. which is imposed for the privi-
lege of using fuel.
The motor vehicle
fuel license tax group consists of a
7¢ per gallon tax on various forms of
gasoline (e.g. automobile gas.
aviation gas. naphtha, etc.) and a 2¢
per gallon tax on jet fuel.
Use fuel
taxes include a 7¢ per gallon tax on
diesel fuel. a 6¢ per gallon tax on
l1quified petroleum gas (LPG) and
liquified natural gas (LNG), and a
charge of 7¢ per 100 cubic feet of
compressed natural gas (CNG).
These
taxes apply to fuel used to propel
a motor vehicle on public roadways.
a non-commerical aircraft or a vessel.
Taxpayers not using these fuels for
these purposes may apply for a refund
of taxes paid.
Revenues from these
taxes are used largely for the con-
struction and maintenance of highways
and public transit systems. and for
services to vehicle owners (e.g.
vehicle registration. traffic regu-
lation. etc.)
These taxes are self-assessed and
regular returns must be filed.
In
the case of the fuel license tax.
payments are due from the initial
distributor.
Use taxes are due
from the final vendor who collects
them from the user. B of E is re-
sponsible for auditing returns and
ensuring compliance.
The Controller's
Office is responsible for collecting
deficiency payments and refunding
taxes paid by those using fuels for
exempted purposes.
B of E
__ .r ___ -. __ .~
______
~. __ -.-_·· ___
·P _____
• _______
'_ - - - - - - - - - -
--......
I
-f'>
a
I
TAX
-- -- ------- ----- ------- -
-- ----- -----
-- --- --- -1----------- --- -- ---- ---- ----.---------------.----- ----------------1-----------
~~~~~~~l I
DESCRIPTION2
AUTHORITY I
ADMINISTRATION
APPEALS BOOy3
.-- -
~-- ._-- .. ~-. _ ... ---- .---.. ------
-- -- --_. --------_._-------.----- --" -.-.. -.---------.--.-.--.. ------------.-----~
CIGARETTE TAX
State porUon
(7¢ per pack) I $191,853,954
Local portion
(3¢ per pack) I 82 ,962 ,212
Total
$274,816,166
ALCOHOLIC
BEVERAGE
CONTROL TAX
Distilled
spirits
$109,088,200
Beer & Wine
22,971,917
Total
$132,060,117
A tax of 10¢ per pack is levied on
cigarettes sold or consumed in the
State. Thirty percent of the reve-
nue is disbursed to cities and
counties and 70% goes to the State
General Fund_
Taxes are levied against all alcoholic
beverages manufactured, imported or
distributed to retailers in Califor-
nia_
The tax rate varies with the
type of beverage: $4 per gallon on
distilled spirits of more than 100
proof; $2 per gallon on di~tilled
spirits of 100 proof or less; 4¢ per
gallon on beer; 2¢ per gallon on sweet
wine (more than 14% alcohol); l¢ per
gallon on dry wine (14% alcohol or
less); 30¢ per gallon on sparkling
wine.
R&T: Div.2
Part 13
Const:
Article XX
R&T: Div.2
Part 14
B of E collects this tax directly from
the distributor through the sale of
tax stamps and meter impressions which
must be affixed to each package of
cigarettes.
The Controller apportions
30% of the revenue proportionately to
cities and counties through formulas
based upon local sales tax revenue and
population.
B of E collects this tax directly
from licensed alcoholic beverage dis-
tributors who self-assess the tax.
Auditing returns and general adminis-
tration of the tax are B of E respon-
sibilities.
-------
B of E
B of E
,
-f>,
TAX
,
-
-
- --
-- ----
---
INHERITANCE
TAX
..
_jt~~_~~~l~--J ______________ ~ESCRIPTION2
----r A~~~OR;;~-I------ --------~~~;~~-~TR;.;~~~---
-
-- ---T-r:r~~~l~-BOD~3--
_____________ . ___ . _______ . ____ ._ ----______ 0---_---- ~.--------.------
$351,694,724
Generally, except for spouses receiv-
ing community property, recipients of
property through the conditions of a
will or the laws of succession are
subject to this tax.
After allowing
for applicable deductions and exemp-
tions, the beneficiary is subject to
graduated rates based upon both the
net amount of the inheritance and the
recipient's familial relationship to
the decedent.
R&T: Div 2
Part 8
Although the Controller has overall
responsibility for the administration
of inheritance tax law, actual deter-
mination and collection functions are
largely performed by other parties.
The Controller appoints one or more
inheritance tax appraisers to each
county.
Upon initiation of a probate
proceeding, the superior court of
jurisdiction appoints an appraiser to
the probate case. Among the appraiser'
duties are inventorying and appraising
the estate's assets and determining
each beneficiary's tax liability in
light of the conditions of succession
and applicable exclusions, exemptions
and deductions.
The appraiser submits
a report of determined tax liability
to the court and to the Controller.
Payment of the tax is made to the
county treasurer who then transfers
the payment to the State Treasurer.
If either the
beneficiary or
the Controller
object to the
tax liability
assigned by th
inheritance
appraiser, the
may file to
have their ob-
ject-ions
decided by the
court presidin
over the pro-
bate proceed-
ings.
I
.f!>
N
I
·--_~~:_;X_~~_~~[~_~~~~-i~nl· ~.]_=~~~_~~~ __ OE~~~I ~~~~_-=--=~_] '~~~_~~~IT;]~=-_~ . A;~~~:_~I~=.=~ - r~~EALSBOiY~1
GIFT TAX
HORSE RACING
PARI-MUTUAL
LICENSE FEES
INSURANCE
GROSS PREMIUMS
TAX
"
$ 13.396.811
$111,590,954
$387,559,798
levied primarily against the donor,
this tax applies to the transfer of
property by gift.
Essentially, the
tax is only imposed upon gifts to
an individual which. after allowing
for specified deductions and exemp-
tions, total $25,000 or more in any
one year.
The amount of tax is de-
termined by the net value of the
gift(s) and the familial relationship
between the donor and the recipient.
A tax with rates ranging between
2.50% and 7.45% is collected on the
total amount wagered at horse racing
meets.
In lieu of all other taxes except
license fees and real property taxes,
insurance companies, with some limited
exemptions. pay a tax on their annual
gross premiums received for insurance
policies.
In most instances the tax
rate is 2.35% of gross premiums.
A
5% rate is levied on the underwriting
profits on gross premiums for ocean
marine insurance and a 0.5% rate is
levied on premiums from annuities.
R&T: Div.21 Administration of this tax is the re-
Part 9
sponsibility of the State Controller.
Donors are required to file a gift
tax return with the Controller, who
examines its accuracy and determines
whether an adjustment of the reported
tax liability is required. Gift
taxes are paid directly to the State
Treasurer.
R&T: DiV.2t This tax is administered by the
Part 12
California Horse Racing Board, which
is responsible for regulating pari-
mutual horse racing.
Const:
Art. XII I
Section 28
R&T: Div.
Part 7
The Department of Insurance regulates
insurers and determines the amount of
insurance tax for which they are liabl
B of E actually renders the assessment
and the Controller collects the taxes.
Taxpayer-
Controller dis
putes regardin
gift tax I iabi
I Hy are re-
solved through
the courts·
California
Horse Racing
Board
B of E
.!. -.-.• --
_._" ...... ,- '--_.'---'" -.~-----------~--.--------•• -.----
,
..".
W ,
"
TAX .----r.-~E~~~U~l ---T-·-·--··----~;S-~~~;~~~--·---·-- ·.-r~~~~~~I~;T·-.. -----~~~~~~T~~TION -- .. ~--·-·-·r~-p;EAlS B~~~~'I
_'_'_" __ . _, _____ ._ . .l9Zl..7li ". . ... ___ ,, __ ,.,, __ .-----.----- --..- . --.. -----.-------- ..... --- ----
-----,---- --,-------.--.
ENERGY RESOURCE
SURCHARGE
PRIVATE CAR TAX
$17,660,401
$ 8,277,118
This is paid by all consumers of elec-
trical energy and is used solely to
fund the State Energy Resources Con-
servation and Development Commission.
The surcharge rate is measured in
tenths of a mill (1 mi11=1/10 of 1¢)
per kilowatt-hour of energy consumed.
Based upon projected kilowatt-hour
consumption for that year, the rate
is recalculated annually so that it
will generate the amount of revenue
approved by the Budget Act for the
operation of the Commission.
However,
the rate is prohibited by law from
exceeding two-tenths of a mill (0.02¢)
per kilowatt-hour.
This is a property tax levied by the
State on the assessed value of rail-
road cars neither owned nor leased by
a railroad company, but which are used
to generate revenue for their owners.
Such owners include firms which lease
their cars to shippers and companies
which maintain their own railroad cars
to ship the products they produce.
This is the only State property tax.
The rate used for this tax is the
average statewide local property tax
rate from the preceding year .
R&T: DiV.21 Electrical utilities in the State
Part 19
collect the surcharge as a part of
their customer billing process and
remit the revenues to B of E quarterly.
B of E is responsible for determining
the necessary surcharge rate.
R&T: DiV.21 B of E determines private car assess-
Part 6
ment va1oes, calculates the tax rate,
and presents and collects the tax
liability due.
• ____ ,.~ ___ ._
_ ________ ._ ,._. ___ ._._ •• _
_
, ___ , ___
, __ ._ ••• ~ _______
. __ ~_. ____
• __ l
_
._7 .... _' ____ •.• __ · .. ___ ,. __
.~
_~.--_,_ .. ..----.~-. -------
B of E
B of E
,
.".
.". ,
,--
TAX
REVENUE 1
DESCRIPTlON2
~-------
1977-78
-- ---.--- ----
TI MBER YIELD
$28.854,6594
Effective April 1. 1977, this tax re-
TAX
placed an ad valorem tax on standing
timber.
This tax consists of a per-
centage levy on the yield of felled
Umber.
The percentage vari es and
is detennined by a statutory forllJJ1a
based upon the average property tax
rate of the county involved.
Th i sis
a local government property tax which
is administered by the State.
--
-
1/ Revenue amounts from the "Annual Report of the State Controller.
-
1977-78 Fiscal Year"
f! The tax rates cited here were in effect as of January 1. 1979.
11 Taxpayers must first attempt to resolve disputed tax liabilities
with the agency which administers the tax.
Having exhausted this
avenue of appeal without satisfaction. taxpayers may then appeal
to the agencies listed in this column.
With the exception that
Inheritance dnd Gift Tax appeals are initially handled by the
courts, these agencies constitute the formal and final adminis-
t"dtive appellate body.
Tilxpayers dissatisfied \~ith these bodies'
ru 1 ings lIIily seek relliedy through the courts.
if "Annual Ileport of the State Board of Equal ization, 1977-78"
'f
AUTHORITY
A (101 I NI STRATION
R&T: Div.
2. Part
18.5
B of E is responsible for the adminis-
tration of this tax in consultation
with the Timber Advisory Committee
which consists of five timber-county
assessors and one representa ti ve each
from B of E, the State Board of
Fores try. small seal e timber owners
and large scale timber owners.
B of
E's duties include developing regu-
lations governing the methods of
calculating timber yield. registering
·taxpayers, processing har.vest data and
auditing the returns which timber
owners are required to file quarterly.
Collections from this tax less admin-
istrative costs incurred by B of E
are apportioned back to the counties
by the State Controller according to
past ad valorem tax experience and
harvest data.
Abbreviations
B of C:
Board of Control
B of E:
Board of Equalization
Const:
California State Constitution
DMV:
Deparbnent of Motor Vehicles
EDD:
Employment Development Department
FTB:
Franchise Tax Board
R&T:
Revenue and Taxation Code
UI:
Unemployment Insurance Code
UIAB:
Unemployment Insurance Appeals Board
Veh:
Vehicle Code
..
APPEALS BODy3
B of E
.
APPENDIX
B
County Assessment Appeals Boards
Fiscal Year 1977-1978
County
Alameda
Butte
Contra Costa
Glenn
Kern
Los Angeles
Marin
Merced
Monterey
Orange
Riverside
Sacramento
San Bernardino
San Diego
San Francisco
San Luis Obisbo
San Mateo
Santa Cruz
Siskiyou
Sonoma
Stanislaus
Totals, surveyed counties
Percent of all counties
Workload
Cost
(protests filed)
2,583
$478,000
108
2,658
730
34,161
21
943
1,083
19,655
8,258
550,119
469
29,691
233
6,449
638
9,560
1,333
83,485
432
8,949
613
60,000
508
6,294
1,495
122,752
2,122
99,664
229
6,223
696
29,059
119
5,100
44
2,579
233
6,645
85
1,613
22,022
$1,563,599
83%
Total Estimated Cost For All Counties ($1,563,599 f 0.83)
$1,883,854
-45-
. .
APPENDIX C
-46-
{
STATE OF CALIFORNIA
EDMUND G. BROWN, Gov.rnor
COMMISSION ON CALIFORNIA STATE GOVERNMENT ORGANIZATION AND ECONOMY
12;)9 EIGHTH ST., SACRAMENTO
Chairmon
HAROLD FURST
Berkeley
Vice Choir man
MILTON MARKS
Assemblyman, Son Francisco
JOHN T. KNOX
Assemblyman, Richmond
DON B. LEIFFER
Son ~iego
GEORGE MILLER, JR.
Senator to Martinez
MANNING J. POST
Se.erly Hill,
RICHARD E. SHERWOOD
La. Angel ..
ROY SORENSON
San francisco
VERNON l. STURGEON
Senator I Paso Roble,
DAIR TANDY
Oroville
FRANK D. TELLWRIGHT
Carmel
L. H. HALCOMB, JR.
Executive Secretory
Honorable Edmund G'" Brown
Governor, State of California
Honorable Hugh H. Burns
December 28,
196~
President pro Tempore, and to Nembers of the Senate
Honorable Jesse M. Unruh
Speaker, and to Members of the Assembly
Gentlemen:
In recognition of the importance of tax administration to the
state government and to the individual taxpayer, the Commission
on Californil State Government Organization and Economy in the
spring of this year initiated a comprehensive review of the
current orgrnizational status of the State's principal revenue
collection agencies.
Subsequently in a letter to the Commission
in June, Governor Brown stated that, although there had been
several major studies of state revenue administration in the
past, he believed the time appropriate to consider again the
?ossibility of consolidating all or most revenue collection
activities within a single department.
Accordingly, the Com-
mission added this important organizational consideration to
its study agenda.
This letter summarizes the findings and recom-
mendations of that study.
The issue of consolidation of revenue administration in the
California State Government is not net.,; the matter has a long
history of continued study.
These many studies have been
remarkedly consistent in their emphasis on the desirability
of consolidating revenue administration in one organizational
unit responsible to the State's Chief Executive--the Governor.
One of the first study groups to recommend a tax agency respon-
sible to the Governor was the California Tax Commission authorized
by the Legislature in 1927.
Since that study, there have been at
least 15 se~arate studies by outside agencies or legislative com-
mittees that have recommended some consolidation of the major
taxing agencies as a sound organizational objective.
In 1955 a
subcommittee of the Assembly Interim Committee on Government
Organization concluded that:
-2-
"CalHornia's rl!venuc administration structure should be organized
to piovide a reasonably efficient, economical, undcrstandabl~,
and responsibl~ vehicle for administering our ta:< laws.
This can
be accomplished best by placing the administration of major state
taxes in a Department of Revenue headed by a Director appointed by
the Governor, confirmed by the State Senate, removable by the
Legislature for cause, and,
therefor~, responsible to the Governor
and the Legislature, and through them, to all of the people."
f
This recommendation was repeated in substantially the ·same form in 1959 by
the Governor's Committe~ on Organization of State Government and it has been
reiterated by the Legislative Analyst in nearly every budget analysis report
since 1943.
Current testimony before this Connission, as well as independent staff study,
has substantiated the validity of the findings of those many past studies.
It is clear that further documentation of the conclusive evidence on record
would be repetitiolls--the logic of a Department of Revenue for California
has been very well established.
In addition, both the State Controller and
the Chairman of the Board of Equalization stated their belief at the Commis-
sion hearing on this subject on August 20, 1964 that the unification of
revenue collection activities would result in economies and other benefits
to the State. Government as well as to the individual taxpayer.
Clearly,
the time has come to set aside those considerations that have blocked con-
structive action in the past.
The Commission no\" proposes the establishment 0'[ a strong Department of
Revenue with a Director appointed by and responsible to the Governor for
state tax administration.
Thus, the Legislature and in turn the people
'would be able to focus responsibility for the administration of the major
revenue collection activities of the state government (see chart).
The August 19, 1964 proposal to the Commission, prepared by the Department
of Finance, has been reviewed as one alternative organizational arrangement
of revenue collection activities.
The members of the Commission concur
unanimously with the goal of consolidating most tax collection functions in
one agency and for the provision of an independent tax aopeals body.
The
suggested structural arrangement, however, does not provide an effective
answer to one of the major shortcomings of the present unconsolidated revenue
agency--that of diffused responsibility for revenue administration.
The
proposal of the Department of Finance would perpetuate the combination of
boards and elective and appointive officials as responsible for the State's
revenue collection program.
Such a combination has been indicted as inef-
ficient and irresponsive to taxpayers' needs by every previous study.
In the opinion of this Commission, revenue collection is a ministerial act
for \o/hich resnonsibility can and should be clearly and definitely establish~d
in the executive branch of the state government.
Line authority and respon-
sibility for this function, therefore, should be placed with a Director
appointed by the Governor \o/ho as the executive head of state government is
finally responsible under
th~ Constitution [or th,.! enforcement of all laws.
i
-3-
The Department of Revenue as proposed by this Commission would succeed to
all activities of the Franchise Tax Board and to all non-constitutionally
assigned tax collection functions of the State Controller and the Board of
Equalization.
The revenue collection responsibility of the Department of
Motor Vehicles, the Department of Employment, and the Horse Racing Board
would remain unaltered.
The Board of Equalization responsibility for
insurance company tax assessment, alcoholic beverage tax administration,
equalization determinations, public utility valuation determinations and
asseSSment standards would also remain unchanged.
The proposed organiza-
tional arrangement and functional assigrunent, which in basic concept is
neither new nor unusual, is illustrated by the attached chart;
The Commission proposal, which can be implemented without constitutional
revision, also calls for the statutory assigrunent of the tax appeals
function to the State Board of Equalization.
In this wayan independent
board of constitutional officers, responsible to the electorate, would
serve in the important capacity of hearing appeals related to taxes collected
by the proposed Department of Revenue.
We make no recommendations as to the internl'll structure of the new depart-
ment.
The Director, subject to appropriate legislative approval, should be
free to work out the internal details of integration of responsibility and
geographic distribution to meet the requirements of effective administra-
tion.
Commission
~commendations relating to inheritance tax administration,
however, are contained in a separate communication of this date.
The use of qualified personnel employed on a full-time basis in accordance
with Article XXIV of the State Constitution in such matters as the adminis-
tration of functionally integrated sys terns of tax appraisals, audi t" and
collections through consolidated field offices and shared housekeeping and
staff services will do much toward the effective implementation of a
uniform tax collection policy.
This Commission is convinced that taxpayer
convenience as well as economy and increased efficiency can result from the
es tablishment of Department of Revenue as proposed ~"hen organized and operated
in accordance with modern revenue management principlt~s.
Respec tfully,
\--I: CL n.;yt£2"l- (ifl~
Harold Furst, Chairman
Assemblyman Milton Harks, Vice Chairman *
Assemblyman John T. Knox
Don B. Leiffer
State Senator George Miller, Jr.
Hanning J. Post
Richard E. Sherwood
Roy Sorenson
State Scn3tor Vernon L. Sturgeon
Dair Tandy
Frank D. Tdlwright
;, See statement of Assemblyman Hilton Marks attached.
STATE OF CALIFORNIA
EDMUND G. BROWN. (00"'"0'
COMMISSION ON CALIFORNIA STATE GOVERNMENT ORGANIZATION AND ECONOMY
1209 EiGHTH ST.. SACRAMENTO
Chairmon
HAROLD FURS r
Be"elov
Vice Chairman
MILTON MARKS
Assemblyman, Son Francisco
JOHN T. KNOX
Assemblyman, Richmond
DON B. LEI HER
Son Oiego
GEORGE MILLER. JR.
Se"otor, Motti"ez
MANNING J. POST
Beverly Hills
RICHARD E. SHERWOOD
los ''''"9_lel
ROY SORENSON
Son Francisco
VERNON L. STURGEON
Senator, PalO Roble,
DAIR TANDY
Oro.ille
FRANK D. TELLWRIGHT
C4rmel·
L. H. HALCOMB. ·JR.
~x .. eu';v. Seeretary
December 28, 1964
STATEl-lENT .Qf ASSEMBLYMAN HILTON MARKS
I have long favored the concept of a ~onsolidation of the
revenue collecting agencies of the S tate of California
and have introduced legislation to carry out this purpose.
This legislation and alternative propnsa1s relating to
this subject are being studied by the Assembly Interim
Committee on Government Organization of which I am the.
Chairman.
While I have participated in the discussions
of this Commission and support its endorsement of the
principle of revenue consolidation, I feel it appropriate
to await the January report of our Assembly Committee
which might differ in certain particulars, and I am
therefore not signing this report at this time.
/s/ Assemblyman Milton Harks, Chairman
Interim Committee on Government
Organization
OFFICE Of' THE CONTkOI..L£R
No tax collections
C •• allne tax refunds
Audit funCliuns
c ... (" leio lohed lance tax
al 1pralsilils
Lt;Gt:HD
..
ORCANll.ATIO~ FOR
REV£N1)E Al»tlNlSTRATlOW IN Cl.L1FORMA
AS PROPOSED BY
COHHISSION ON
CAurOIJlLt. STATE OOV!JUOt£lrft ORGANIZATION AND ECOtICI(Y
ALL
V 0 T E R S.
S TAT f.
l' F
CAL 1 FOil .N I A
VOl Las
First
Equalization
Diatrict
VOTERS
Second
Eq~lil..tion
Dlstcict
VOTERS
Thlcd
Equaliutlon
Dlatrict
VOTERS
Fourth
£qutlUZation
Dhtrict
ROARO
OF
EQUALIZATION
"NO
BOARD
OF
TAX
APPEALS
88 8
Adtn ill ls ten.
Alcoholic Beverage excise ( .. xes
Insurance COllipany tax (assesament)
AcUvUles other than tax collection
[qua J 1 &a t ion
A8se8.ment Standards
Valuation of public utility properties
Hears appe." related to taxe5
collected by Departaent of Revenue
__ Advisory or cooperal1ve ~el.t1onshlp
DUI!(.[ lind of .uchortty or r~sponsibility
-... ~osl11on ludd by vinut' of holding .. not her offhe
o [loelod 0'1<"_1
<>
Appointc!,.! of tht:! Gllv<!rnor
(Ilon·(. lvil servic!!)
'" Ch.linn.n ro.>tates .nn".lly ,jt.\OOIl-, llIemt.",II.
D.HARTMENT Of' Rl"VENUE
<:?>
Personal incOMe tax.
Bank and corporation taxes
Gift tax
Inheritance tax
Retail sales and use taxes
CasoUne tax (collection only)
Diesel t&Jl
Truck. tax
Pri vatt:! cat tax
Cigaret te tax
Subacrtption T. V. tax
Insurance cOMpany tax
(collection only)
't. ... '
U!'PAl1'WENT or IIOI'OIl VEHICLES
<:?>
Drivet. I Licenses
Motor vehicle reltalution
and I tcense fees
In Lteu tax
DEPARTMENT OF INSUltAHCI!
Share ."inistraUon of
laurence C'*Pany tax
throulh preparation of
annual Irepon. fro. which
Board of £quali.ation
.. kea ••• ea • .enta.
Cl.LlF01l1!IA ItOIlSE IlACING BOAIUl
0<8>0
Licenses
Palri.-.aluel [&.xes
Dece.ber. 1964