LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 76th Regular Session March 30, 1999 TO: Honorable Bill Ratliff, Chair, Senate Committee on Finance FROM: John Keel, Director, Legislative Budget Board IN RE: SB1319 by Ratliff (relating to procedures for tax auditing and collection), Committee Report 1st House, Substituted ************************************************************************** * Estimated Two-Year Net Impact to General Revenue Related Fundsfor * * SB1319, Committee Report 1st House, Substituted: positive impact * * of $27,300,000 through the biennium ending August 31, 2001. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2000 $8,200,000 * * 2001 19,100,000 * * 2002 27,305,000 * * 2003 27,305,000 * * 2004 27,305,000 * **************************************************** All Funds, Five-Year Impact: *************************************************************************** *Fiscal Probable Probable Probable Probable * * Year Revenue Revenue Revenue Revenue * * Gain/(Loss) Gain/(Loss) Gain/(Loss) Gain/(Loss) * * from General from Cities from Transit from Counties * * Revenue Fund Authorities and Special * * 0001 Districts * * 2000 $8,200,000 $1,430,000 $562,000 $173,000 * * 2001 19,100,000 3,331,000 1,308,000 403,000 * * 2002 27,305,000 4,762,000 1,870,000 577,000 * * 2003 27,305,000 4,762,000 1,870,000 577,000 * * 2004 27,305,000 4,762,000 1,870,000 577,000 * *************************************************************************** Fiscal Analysis The bill would partially implement recommendation GG1 from the Comptroller's report "Challenging the Status Quo: Toward Smaller, Smarter Government." The bill would allow taxpayers to self-audit under certain conditions. Except in cases of fraud or evasion, penalty on delinquent taxes found through self-audits would be waived. The Comptroller would be authorized to waive interest due on delinquent taxes identified through self-audit. A taxpayer would be entitled to refund of tax overpayments found through self-audit unless the taxpayer had collected the taxes from another person and not refunded all the taxes and interest to the person from whom the taxes were collected. The bill would allow the Comptroller to implement a system under which sales tax direct payers could report taxes based on percentages calculated from a sample of transactions. The bill would allow a sales tax permit holder to take a credit against sales taxes due in the amount of sales tax previously overpaid. The affected taxpayer would be allowed to use sampling to compute the overpayments. Methodology The estimates are based on Comptroller's assumption that self-audits and percentage-based reporting would result in more productive redirection of 5% of audit hours in 2000-01 and 10% of audit hours thereafter. Local Government Impact The estimates of local tax gains assume that the redirected audits will be sales tax audits which would result in increased local sales tax collection proportional to the state gains. Source Agencies: LBB Staff: JK, BB, RS