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Look before you leap What LOCAL GOVERNMENTS need to KNOW about Tax code Simplification. Voluntary Disclosure Systems. State and City Voluntary Disclosure Procedures Should be Uniform
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Look before you leapWhat LOCAL GOVERNMENTS need to KNOW aboutTax code Simplification
Voluntary Disclosure Systems • State and City Voluntary Disclosure Procedures Should be Uniform • Procedures, Requirements, and Allowances Should be Codified Within the Taxpayer’s Bill of Rights for both the State and MCTC • Application for Voluntary Disclosure to One Jurisdiction Should Result in Disclosure for All Jurisdictions
Model City Tax Code Simplification By December 31, 2013: • Eliminate All “Green Page” Exceptions • Complete Reduction of Current Options • 27 Options Presently Identified for Removal • 14 Options Identified for Incorporation into the Standard Language • Renumber the Remainder in a Single Series • Classification Changes: Separate Food for Home Consumption; Split Residential & Commercial Rental; Replace Transporting for Hire with the State’s Pipeline & Transportation Statutes
Retail Classification Standardization • Make All Immediately Feasible Changes to the State and MCTC Retail Classifications, Effective July 1, 2013 • Identify Differences Requiring Fiscal Impact Research & Gather Data Needed for Further Consideration • Be Prepared to Act on Any Remaining Differences If Congressional Action Allows Taxation of All Remote Sellers.
Standardize City TPT Licensing By June 30, 2013; Effective January 1, 2014 • Reform Article III of the MCTC • Single License Fee Per Jurisdiction • Annual License Renewal • Quarterly Proration for First Year • Uniform Temporary License Provisions • Add Penalty Waiver Provisions • Retain Permanent License Option For Now
Online Portal Project • Expedite Portal Creation to be Online ASAP • Revised Goal: Operational Target Date of January 1, 2014 for Self-Collecting Cities • Single Point to File Returns and Pay • Single Point of Licensing and Renewal • Detailed Reporting Capability for Revenues and Exemptions by Tax Classification • Automate Upload Capability for Taxpayers • Once Vetted, Add the State Return and Licensing to Create a Single Point of Administrative Contact
State Administration • DOR will absorb all responsibility for the 18 cities that collect their own sales tax, passed by 6/30/2014, in place 1/1/2015 • Self-collecting cities cover 74% of the State’s population; 77% of city revenues • Unlike self-collecting cities, DOR cannot provide segregated, detailed information about city taxpayers and revenues • No guarantee that the legislature can or will fund DOR at an adequate level
Single Point of Audit • Make DOR the sole auditing authority, eliminating all local audit programs • Adequate audit activity ensures a level playing field and keeps tax rates low • Local audit programs invest in taxpayer education; work closely with local business owners; address local issues • DOR’s focus is required to be on larger taxpayers and statewide issues • Multi-jurisdictional auditing (MJAC) is a proven system offering single audits available to all businesses in Arizona
Eliminate Contracting Tax • Replace with a Retail tax on construction materials, paid at the point of purchase • We are NOT opposed to sensible changes to simplify Contracting, HOWEVER: • A massive tax break for the Contracting industry, dressed up as simplification • Dismantles 80 years of solid public policy developed to address reliance on growth. • Jeopardizes State and local budgets, primarily relying on data from a 1999 study, without current information indicating the true impact on revenues
Eliminate Contracting Tax (cont’d) • Without additional data, the level of noncompliance is purely speculative. Lack of accurate information could significantly impact the State’s General Fund • Shifts revenues away from the local demands created by growth • Statewide, municipalities will lose up to $168M in local sales tax. • Cities, towns, and counties will not make up this loss through Retail taxes.
Eliminate Contracting Tax (cont’d) • Construction is essentially a manufacturing and repairing process. Under this proposal, the product will be treated differently than all other manufactured products. • Giving preferential treatment to the Construction industry ultimately comes at the expense of all others • SOLUTION: Commission a study by third party to gather information and model impacts proposed by policy change.
Conclusions • DOR is strapped for resources. Given the many strains on the General Fund, cost-free alternatives should be utilized. State Administration demands a significant funding increase to work. • Local auditing supplements State activity. Losing local audits leads to lower revenues, lower compliance, and rising taxes, without improving on the current multi-jurisdictional system. • Much more information and study is needed before fiscal stability is risked, simply to give one industry a big tax break.