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Revenue and Taxation Interim Committee

MINUTES OF THE

REVENUE AND TAXATION INTERIM COMMITTEE

Wednesday, June 18, 1997 -- 2:00 p.m. -- Room 223 State Capitol


Members Present:    
    Sen. Howard C. Nielson, Senate Chair
    Rep. Raymond W. Short, House Chair     Sen. Mike Dmitrich
    Sen. E. George Mantes     Sen. L. Steven Poulton
    Sen. Howard A. Stephenson
    Rep. Judy A. Buffmire     Rep. Greg J. Curtis
    Rep. Kevin S. Garn     Rep. Wayne A. Harper
    Rep. Fred R. Hunsaker
    Rep. David M. Jones
    Rep. Patricia B. Larson
    Rep. Jack A. Seitz     Rep. A. Lamont Tyler
    Rep. Richard L. Walsh
    
    



    Members Absent:
        Sen. Leonard M. Blackham
        Rep. John L. Valentine


    Staff Present:         Mr. Bryant R. Howe,
         Research Analyst
        Mr. O. William Asplund
         Assistant Director
        Ms. Rebecca L. Rockwell,
         Associate General Counsel
        Ms. Linda S. Lemke,
         Law Clerk
        Ms. Karen E. Mecham,
         Secretary




    
Note:    A list of others present and a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.

1.    Call to Order and Approval of Minutes
-- Chair Short called the meeting to order at 2:40 p.m.

     MOTION: Rep. Seitz moved to approve the minutes of the May 21, 1997 meeting. The motion passed unanimously. Rep. Larson was absent for the vote.
        
    Chair Short noted that Rep. Hunsaker is leaving the Legislature and thanked him for his dedicated service to the committee. Rep. Hunsaker thanked the committee, and said that he appreciated the opportunity to serve. Chair Short said that Commissioner Alice Shearer is also leaving the Utah State Tax Commission (tax commission) and thanked her for her service.

2.    Revenue Update -- Mr. Doug Macdonald, tax commission, distributed the TC-23 Monthly Revenue Summary for the first 11 months of the fiscal year. He noted that there is a high demand for employees and that nonfarm employment is up 4.2 percent for the latest month (April) and 4.0 percent for the year to date. He said the Utah consumer sentiment index is down 4 percent for the latest month but is still high. He also reviewed new car and truck sales and said

that sales for Utah are down 1 percent for the month and 7 percent for the year but are still above the national average. Mr. Macdonald said that residential construction is down 7 percent for the latest month and down 9 percent for the year to date. Nonresidential construction is down 29 percent for the latest month and down 13 percent for the year. He said that taxable sales are up 4.8 percent for the month and 6.6 percent for the year to date which is lower than the average 10 percent increase in previous years. Payroll tax is down 17 percent for the latest month and down 4 percent for the year. He noted that payroll tax collections have been down for the past five months.

    Mr. Macdonald noted that the General and Uniform School Funds are $11.85 million in excess of projections while the sales and use taxes are in a deficit by $14.16 million. The Transportation Fund is in excess of projections by $.08 million while the motor fuel tax is in a deficit of $2.19 million.

3.    State Individual Income Tax Brackets --
    a.    Review of Income Tax Policy Statement -- Mr. Howe distributed copies of the Tax Review Commission's (TRC) income tax policy that was adopted by the Legislature in 1990. He reviewed the policies stating that the state income tax system should: 1) be broadly based; 2) shield subsistence income from taxation; 3) be structured so as to be moderately progressive; 4) be indexed for inflation; and 5) be linked to the federal income tax system. He added that Congress may make substantive changes to the federal tax system which could affect policy
no. 5.

    b.    Review of Possible Options for Changes to the State Individual Income Tax System-- Tax commission Senior Economist Tom Williams distributed a handout titled "Income Tax Proposals." He said that the first three proposals are straight forward and did not comment on them. He outlined the other proposals. He noted that all seven proposals are revenue neutral. Proposal no. 6 would allow Utah income taxes to be a percentage of federal taxes. This would require a state tax rate of 31 percent. Proposal no. 7 would allow Utah income taxes to be a percentage of federal taxable income. This would require a state income tax rate of 6.4 percent. Mr. Williams added that both proposal no. 6 and proposal no. 7 lower the tax for lower income brackets.

    Chair Nielson asked if statistical data would be lost if proposal no. 6 and proposal no. 7 was adopted. Mr. Williams said that the data can be taken from the federal forms if everything is adopted on the federal form and nothing added at the state level. He also provided information showing the effective tax rates and savings or losses.

    c.    Committee Discussion and Direction for Future Action -- Sen. Stephenson suggested looking more closely at option no. 7. He felt this option was more taxpayer friendly. He recommended that staff prepare legislation for this option.

4.    Intangible Assets and Property Tax Valuation
    a.    Update on Centrally Assessed Appeals -- Commissioner W. Val Oveson, Chair, tax commission, distributed a handout titled "Centrally Assessed Tax Appeals." He noted the TRC discussed this issue at its June 13 meeting. He outlined the values still in the appeal process for a total of $8 billion which translates to $120 million in maximum potential revenues lost by local governments.

    He explained that the WilTel decision has not made a significant change in appeals. He noted that appeals may have consistently been partly because of intangibles. He also reviewed the impact of appeals by county, on the value of an average home and on a home with a $100,000 value. Chair Short asked what percentage of moneys are actually returned. Mr. Brent Eyre, tax commission, said that the average percent reduction of dispute is around 6 percent. Generally the appeal amount is about 30 percent of the value.

    b.    Review of Case Law on Valuing Intangibles -- Ms. Lemke distributed a memo on the taxation of intangible property. She reviewed the federal law relating to the property taxation of intangibles, including two cases recently filed in federal district court. Ms. Lemke then discussed the state case law interpreting Utah's constitutional and statutory provisions governing the property taxation of intangibles. Finally, she highlighted some of the administrative decisions by the tax commission relating to intangibles.

5.    Report of the Legislative Auditor General: Residential Tax Assessment -- Due to a lack of time, the chair moved this item to the next meeting.

6.    Other Business -- The committee did not discuss any further business.

7.    Adjournment --

     MOTION: Rep. Buffmire moved to adjourn the meeting at 4:05 p.m. The motion passed unanimously.


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