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February 25, 2005

Dear Attorney General Lockyer:

Pursuant to Elections Code Section 9005, we have reviewed the statutory initiative relating to state taxation (File No. SA2005RF0042).

Background on State Taxes

Corporation Tax

The state levies a corporation tax (CT) on net earnings of businesses operating within California. For California corporations, net income is taxed at the rate of 8.84 percent. For corporations operating both inside and outside of California, tax liability is determined by apportioning corporation income based on its California activities as a percentage of all of its activities and taxing this result at the 8.84 percent rate.

Corporation income is apportioned according to the following: (1) the corporation’s property, payroll, and sales factors in California are each computed as a percentage of property, payroll, and sales everywhere; (2) the average of these factors is computed, with the sales factor used twice, or “double-weighted” (except for farming, financial, and extractive industries); and (3) this average is multiplied by total corporation income to reach California income.

In addition, the CT has the following pertinent features:

Other Taxes

Oil Severance Tax. Most states that tax businesses in extractive industries—such as mining and oil drilling—do so on the basis of the quantity or value of raw material extracted from the ground. California does not currently levy a severance tax.

Insurance Gross Premiums Tax. In lieu of paying the CT, insurance companies operating in California pay a tax equal to 2.35 percent of gross premiums collected.

Provisions of the Initiative

Corporation Tax

The initiative would result in the following fundamental changes to the CT:

Other Taxes

Oil Severance Tax. The measure imposes a tax of 3 percent of the gross value of oil that is mined, produced, or withdrawn in the state. Only producers which have production in excess of 30,000 barrels per month would be affected by the measure.

Insurance Gross Premiums Tax. The measure increases the premiums tax rate from 2.35 percent to 2.46 percent beginning in 2006.

Deposit of Funds

Revenues raised by the initiative would flow into the state’s General Fund. At the conclusion of each fiscal year, beginning 2005‑06, the Department of Finance would estimate the amount of revenues generated from adoption of the measure. These revenues would be deposited in the existing Transportation Investment Fund, which funds maintenance and expansion of transportation systems in the state. The measure includes intent language to neither increase nor decrease funding for schools governed by Proposition 98.

Fiscal Effects of the Initiative

Revenue Impacts

The measure would increase revenues as a result of changes to the insurance tax, CT, and PIT, and by imposing a new oil severance tax. Changes to the CT would result in additional revenues of about $1.3 billion, with the largest annual increases stemming from raising the CT rate ($360 million), raising the tax rate on Subchapter S corporations ($350 million), and restricting the ability to claim tax credits ($400 million). Revenue increases from raising the tax rate on insurers would result in additional annual revenues of about $100 million. The oil severance tax would result in new revenues of about $275 million. In total, the measure would generate about $1.7 billion in additional revenues in 2006‑07 and increasing amounts thereafter.

Administrative Costs

The state would incur minor costs in adapting the existing CT to the changes required by the measure. Additional start-up costs would be required for imposing a new severance tax on oil producers. Initial costs are likely to be in the range of $1 million, with ongoing administrative costs a fraction of that amount.

Summary of Fiscal Effects

The measure would have the following major fiscal effect:

 


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