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Tax Review Commission

MINUTES OF THE

TAX REVIEW COMMISSION

August 14, 1998 - 9:00 a.m. -- Room 403 State Capitol



Members Present:    
    Mr. Gary Cornia, Chair
    Mr. James B. Lee, Vice-chair
    Mr. Mark Buchi
    Rep. Judy Ann Buffmire
    Sen. Lyle W. Hillyard
    Mr. Robert M. Graham
    Ms. Dorothy Owen
    Mr. W. Val Oveson    
    
    



    
Members Absent:

    Sen. George Mantes
    Judge Jon Memmott
    Ms. Bonnie Miller
    Rep. John Valentine
    
Staff Present:
    Mr. Bill Asplund,
     Assistant Director
    Ms. Rebecca L. Rockwell,
     Associate General Counsel
    Ms. L. Kaye Clark,
     Legislative 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 Cornia called the meeting to order at 9:10 a.m. and welcomed members of the Tax Review Commission (TRC). He congratulated Commissioner Oveson on his appointment to the IRS as the taxpayer advocate.

     MOTION: Vice-chair Lee moved to approve the minutes of the July 10, 1998 meeting. The motion passed unanimously. Sen. Hillyard was absent for the vote.
        
2.     Research and Development Tax Credits - State by State Comparisons
                  Rebecca L. Rockwell discussed the handout "Western States Survey on Research & Development Income Tax Credits," which reviews other states' income tax credits for research and development. Mr. Asplund then commented on the handout "STATEments, Do State and Local Tax Incentives Work?" and a study by Coopers & Lybrand titled "Economic Benefits of the R&D Tax Credit." He explained that the handout and the study discussed the effectiveness of these credits and the difficulty of verifying the results. Chair Cornia stated that it is difficult to evaluate comparisons among states because of the many factors unique to each state.

    David Winder, Department of Community and Economic Development ("DCED"), addressed the committee regarding recruiting and maintaining businesses in Utah and argued that incentives are necessary for Utah to be competitive. He stressed the importance of consistency in maintaining the incentives once they are in place. Mr. Winder added that complaints from

businesses regarding capital gains are increasing and suggested the TRC study the capital gains tax.

    Chair Cornia commented that the calculation of the credit may need to be modified because companies do not have the data to allow them to calculate the credit under the current statutory provisions. Ms. Rockwell reviewed the fiscal notes for the two research and development tax credit bills passed during the 1998 General Session. The members discussed the importance of providing quality education in attracting businesses to Utah.

    Ruth Ann Hamilton, Salt Lake Chamber of Commerce, stressed that the tax credits also benefit existing businesses in Utah.

3.     Discussion on Sales and Use Tax Methodology and Review Process
    Mr. Asplund distributed "Utah Sales Tax Exemption Expenditures," and reminded the TRC that the process of reviewing the sales tax exemptions will begin in 2001.

    Chair Cornia asked Mark Buchi to provide background information regarding the purpose of establishing the TRC. Mr. Buchi explained the original three-phase plan for improving the tax system including: (1) cleaning up the statutes; (2) making substantive statutory changes; and (3) reviewing policy. He stated that phases one and two have been successfully completed, and the TRC is now in the third phase.

    Vice-chair Lee recommended the TRC study the sales and use tax base and see if it needs to be expanded. Chair Cornia reported that a national committee plans to present uniform definitions to be used by states in defining their sales and use tax bases. These definitions are being developed as part of a study on Internet sales and use taxation. Commissioner Oveson reported that the Multistate Tax Commission is creating a pilot project on definitions and may request assistance from the TRC.

     The TRC then discussed the role of the Legislature in making tax policy changes.
Sen. Hillyard recommended that, to be more effective, the TRC: (1) lobby the Legislature; and (2) seek the Governor's support of TRC's tax policy recommendations. He also recommended the members read Showdown at Gucci Gulch, a book about the 1986 tax reform. Chair Cornia recommended the book Deep in the Heart of Taxes.

    MOTION: Sen. Hillyard moved that the TRC, in conjunction with the Tax Commission and the Governor's office, review only selected exemptions, make recommendations, explain TRC's position, and actively work for those changes in legislation. The motion passed unanimously.     
    Commissioner Oveson discussed state sovereignty and suggested the TRC organize a Multistate Tax Commission advisory committee. Chair Cornia stated that the executive committee will review the suggestion.     
4.    Income Tax Base, Rates, and Burdens
    Tom Williams, Tax Commission, distributed the handout "Gross Income and Gross Total Tax Rate," and reviewed the tax burden for a family of four relative to income and ability to pay. He said the income tax is slightly regressive because those in the upper brackets receive deductions and those in the lower brackets use the standard deduction. Mr. Williams highlighted information from a Minnesota study comparing states' 1994 state individual income taxes and rankings by tax amount. He noted that Utah's income tax brackets have not been changed since 1973. Mr. Williams then discussed the impact of: (1) changing the brackets for selected adjusted gross incomes; and (2) taking the full federal personal exemption. Vice-chair Lee asked Mr. Williams to provide to the TRC an updated report showing who pays income taxes. Ms. Owen asked about the impact of implementing a state earned income tax credit.

5.     Other Business -
    The next meeting of the TRC will be held on September 11, 1998 at 1:00 p.m.

6.    Adjournment     Vice chair Lee adjourned the meeting at 11:40 a.m.



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