HBA-RBT H.B. 2817 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2817
By: Junell
Ways & Means
4/23/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the state does not pay interest to the taxpayer along with the
tax refund. A delinquent taxpayer is charged a 12 percent rate. One-year
certificate of deposit rates are between 4 and 5 percent, which makes
interest on the delinquent amount an additional penalty to the 10 percent
already charged. If taxpayers remain delinquent beyond 60 days, interest
begins to accrue at an annual rate of 12 percent. The combined penalty and
interest charged to a taxpayer is 20 percent of the tax due, after only one
year.  Interest assessment is subject to the same collection procedures
available for non-payment of taxes, even after the full tax liability has
been remitted and the interest assessment is the only remaining balance.
H.B. 2817 requires the state government to operate by the same standards as
the taxpayer, and would change the rate of interest from a statutorily
defined rate to a variable rate.  This bill requires the taxpayer to
receive interest payments, along with the tax refund. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the comptroller in SECTION 5 of this
bill. 
 
SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 111.060, Tax Code, to provide that the yearly
interest rate on all delinquent taxes imposed by this title is at the rate
of 12 percent for report periods originally due on or before December 31,
1999, after which the rate of interest is variable and determined as is the
prime rate plus one percent, as published in the Wall Street Journal on the
first day of each calendar year that is not a Saturday, Sunday, or legal
holiday. Provides that delinquent taxes draw interest beginning 60 days
after the date due, except as provided by Subsection (d). Makes conforming
changes. 

SECTION 2. Amends Subchapter B, Chapter 111, Tax Code, by adding Section
111.064, as follows: 

Sec. 111.064. INTEREST ON REFUND OR CREDIT. Provides that in a
comptroller's final 
decision on a claim for refund or in an audit, interest is at the rate set
in Section 111.060 on the amount found to be erroneously paid for a certain
period, except as provided by Subsections (b) and (c). Provides that a
credit taken by a taxpayer on the taxpayer's return does not accrue
interest.  Provides that, for a refund granted for a report period due on
or after January 1, 2000, the interest rate is that set in Section 111.060.
Provides that a refund for a report period due before January 1, 2000, does
not accrue interest.  Provides that this section does not apply to an
amount paid to the comptroller under Title 6, Property Code, or under an
agreement made under Section 153.017 (Cooperative Agreements With Other
States). Requires all warrants for interest payments to be drawn against
the fund or account into which the erroneously paid tax was deposited.
Requires the interest to be paid from funds appropriated for that purpose. 

SECTION 3. Amends Section 111.101, Tax Code, as follows:

Sec. 111.101. New heading: SETTLEMENT. Authorizes the comptroller to settle
a claim for a tax, penalty, or interest imposed by this title, if the total
costs of collection, as conclusively  determined by the comptroller, of the
total amount due would exceed the total amount due. Authorizes the
comptroller to settle a claim for a refund of tax, penalty, or interest
imposed by this title, if the total costs of defending a denial of the
claim, as conclusively determined by the comptroller, would exceed the
total amount claimed. Deletes text regarding the comptroller examining a
taxpayer's records. Makes conforming changes. 

SECTION 4. Amends Section 111.102, Tax Code, to authorize the comptroller
to settle a claim for a tax, penalty, or interest imposed by this title, if
collection of the total amount due would make the taxpayer insolvent.
Deletes text regarding cost of collection of the amount of tax due. Makes
conforming changes. 

SECTION 5. Authorizes the comptroller to adopt rules and take other actions
before January 1, 2000, as the comptroller considers necessary or advisable
to prepare for SECTIONS 3 and 4 of this Act taking effect. 

SECTION 6. (a) Authorizes SECTIONS 3, 4, and 5 of this Act to take effect
on the first date on which they take effect under Section 39, Article III,
Texas Constitution. 

(b) Effective date: January 1, 2000, for SECTIONS 1 and 2 of this Act.

SECTION 7. Emergency clause.