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
  
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*  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:
  
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*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