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Tax Review Commission

MINUTES OF THE

TAX REVIEW COMMISSION

July 10, 1998 - 2:00 p.m. -- Room 405 State Capitol



Members Present:    
    Mr. Gary Cornia, Chair
    Mr. James B. Lee, Vice-chair
    Mr. Mark Buchi
    Sen. George Mantes
    Judge Jon Memmott
    Ms. Bonnie Miller
    Ms. Dorothy Owen
    Mr. W. Val Oveson    
    
    



    
Members Excused:

    Rep. Judy Ann Buffmire
    Mr. Robert M. Graham
    Sen. Lyle W. Hillyard
    Rep. John Valentine
    
Staff Present:
    Mr. Bill Asplund
     Assistant Director
    Ms. Rebecca L. Rockwell
     Associate General Counsel
    Ms. L. Kaye Clark
     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

    Vice-chair Lee called the meeting to order at 2:00 p.m. and welcomed members of the Tax Review Commission ("TRC") and members of the Revenue and Taxation Interim Committee. He announced that Carol McCormick has resigned from the TRC.

     MOTION: Mr. Buchi moved to approve the minutes of the May 8, 1998 meeting. The motion passed unanimously. Judge Memmott was absent for the vote.

2.     Property Tax Issues    

    a)    1998 Appeals - Commissioner Oveson reported that the Utah State Tax Commission ("Tax Commission") received 112 appeals this year. He noted that this year, the appeals are 15 percent fewer than last year and 20 percent fewer than the year before. The number of appeals from large utility companies was down slightly from last year. He noted that, as required by 1997 General Session H.B. 129, every case was scheduled and assigned to a presiding officer.

    b)    Settlements - Commissioner Oveson explained that US West's cases for all previous years have been settled, however, they have appealed this year. He stated that 1998 General Session H.B. 370, which modified the definition of intangible property, has been challenged in at

least one appeal. Commissioner Oveson added that by September 1, 1998, the Tax Commission plans to have in place an administrative rule on methodology.

3.    Research and Development Tax Credits

    
a)    Information - Mr. Asplund explained that during the 1998 General Session, the Legislature passed two bills dealing with state research and development tax credits. This legislation requires the Revenue and Taxation Interim Committee to conduct a study on the credits and the committee has requested that the TRC assist them in their study of these credits. Mr. Asplund then discussed the federal tax credit and suggested the members read the reports "Economic Benefits of the R&D Tax Credit" and "CRS Issue Brief for Congress." He reviewed the handout "Research and Experimentation Tax Credit" which outlines the federal tax credit. He reported that spending on development research is rising, but spending on theoretical and basic research has been declining. He said that although studies vary widely as to the effectiveness of the credit, all of the studies indicate some positive result. Mr. Asplund discussed policy issues pertaining to the federal tax credit including: (1) lack of permanence; (2) high threshold levels and static base amount; and (3) refundability of the credit.

    b) Study Time Table - The TRC will discuss other states ' research and development tax credits at the next meeting.
        
4.    Personal Income Tax

    
a)    Marriage Penalty Issue - Ms. Rockwell made a presentation to the committee titled "The Marriage Tax Penalty, Defining the Problem and Finding a Solution." She reported that according to the Congressional Budget Office, more than 20 million couples pay higher taxes than they would if they were single, with penalties totaling about $29 billion in 1996. In contrast, 25 million couples get a marriage bonus, totaling about $33 billion. She stated that the most important factor in determining a tax provision's effect on married couples is how income is divided between the spouses. She explained that couples having disparate incomes generally receive marriage bonuses while couples with roughly equivalent incomes generally incur marriage penalties. She noted that Congress' focus is on eliminating marriage tax penalties. Ms. Rockwell identified and reviewed the major sources of marriage penalties under the Internal Revenue Code and under the state individual income tax. She reviewed the proposals currently before Congress to eliminate penalties under the Internal Revenue Code, and then presented some options for reducing or eliminating penalties arising under the state individual income tax.

    Ms. Rockwell provided copies of a draft letter from the Revenue and Taxation Interim Committee urging Congress to eliminate or reduce marriage penalties under the federal provisions and to adopt an approach that minimizes negative impacts to the states. She also

informed the TRC that a bill request has been opened to eliminate marriage penalties under state law for the retirement income deduction and the retirement income personal exemption.

    b)    Tax Burden Study - Dorothy Owen highlighted information in "State Income Tax Burdens on Low-Income Families in 1997: Assessing the Burden and Opportunities for Relief" showing that Utah taxes families with incomes below the poverty level. She said an earned income credit at the state level may offset the regressiveness of some of the state sales taxes.

    MOTION:
Ms. Owen moved that the TRC study the tax burden on low income families and make recommendations to the Legislature.

    REVISED MOTION: Ms. Owen moved that the TRC study the tax burden on low income families and regressive state taxes. The motion passed unanimously.

5.    Sales Tax Exemption Study Approach


    Mr. Asplund explained that the law requires the TRC, in cooperation with the Governor's Office and the Tax Commission, to conduct a cyclical review of the state sales and use tax exemptions. The next review cycle begins in 2001. He referred to the handout "Current Sales and Use Tax Exemptions and Review Provisions," and asked the TRC whether they wanted to study this review process.

     MOTION: Judge Memmott moved that the TRC include the sales and use tax exemption study process on this year's agenda. The motion passed unanimously.

    Rep. Short requested that the TRC's recommendations in this area be sent first to the Legislative Process Committee rather than to the Legislature at large.                 
6.    Other Business

    
a)    Appointments - Vice-chair Lee stated that there are four vacancies in the TRC and that the TRC has the responsibility to fill two of those positions. Ms. Owen requested that she be reappointed. The chairs asked that recommendations be sent to Mr. Asplund.

    b)    Other - The next TRC meeting will be held on August 14, 1998 at 9:00 a.m.

7.    Adjournment
-     Vice-chair Lee adjourned the meeting at 3:40 p.m.



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