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PUBLIC HEARING HB 2452 PUBLIC HEARING AND WORK SESSION HB 2453, HB 2454 WORK SESSION HB 2451 |
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TAPES 45-46 A |
FEBRUARY 17, 2005 1:00 PM STATE CAPITOL BUILDING
Members Present: Rep. Tom Butler, Chair
Rep. Vicki Berger, Vice-Chair
Rep. Mark Hass, Vice-Chair
Rep. Sal Esquivel
Rep. Larry Galizio
Rep. Andy Olson
Rep. Chuck Riley
Members Excused: Rep. Brian Boquist
Rep. Betty Komp
Witnesses Present: Debra Buchanan, Dept. of Revenue
Staff Present: Paul Warner, Legislative Revenue Officer
Lizbeth Martin-Mahar, Economist
Kristi Bowman, Committee Assistant
TAPE 45, SIDE A
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003 |
Chair Butler |
Calls meeting as a subcommittee to order at 1:05 p.m. Full committee at 1:10 p.m.
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OPENS PUBLIC HEARING FOR HOUSE BILL 2452
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009 |
Lizbeth Martin-Mahar |
Gives overview of HB 2452 (Exhibit 1) authorizing pass-through entities to file composite tax returns on behalf of non resident individuals, corporations or trusts.. Major change in bill is in section 3. The pass-through entity does not have to withhold taxes. Changes current law ORS 314.760 (Exhibit 2). Refers to revenue impact (Exhibit 4). |
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055 |
Chair Butler |
Asks about the impact of the bill on general trusts. |
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067 |
Martin-Mahar |
Defers answer to Debra Buchanan, Dept. of Revenue. Discusses timing of withholding not specified in section 3 of the bill. |
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085 |
Debra Buchanan |
Testifies in support of HB 2452 (see executive summary in Exhibit 5). It is a proposal that brings uniformity recommendation from the Multistate Tax Commission. |
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112 |
Chair Butler |
Asks: what rate would the tax be calculated? |
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114 |
Buchanan |
Responds that it would be at the highest marginal rate, and an example of how the return is calculated is on the last page of the handout. |
127 |
Chair Butler |
Asks about partnership and corporate tax rates.
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130 |
Buchanan |
Responds that the rates are stated in the bill on page 2, beginning at line 17. |
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136 |
Hass |
Asks for clarification of multi-state partnership. |
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138 |
Buchanan |
Discusses a multi-state partnership scenario. |
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158 |
Chair Butler |
Questions and answers exchanged with Debra Buchanan regarding multi-state partnerships. |
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202 |
Rep. Berger |
Asks clarifying question about what’s new in the bill. |
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210 |
Buchanan |
Responds that there is a small change in the language to adopt the recommendations for uniformity from the Multistate Tax Commission. The bill does provide an incentive to for an individual to file if they have not joined into a composite filing. |
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215 |
Chair Butler |
Additional comments about multi-state scenarios and tax distribution. |
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250 |
Buchanan |
Concurs with the Chair’s comments. |
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283 |
Chair Butler |
Discussion with Ms. Buchanan regarding trustee issues. Questions and answers exchanged. |
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366 |
Chair Butler |
Finishes discussion on HB 2452. |
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CLOSES PUBLIC HEARING FOR HOUSE BILL 2452 |
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OPENS PUBLIC HEARING FOR HOUSE BILL 2453 |
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380 |
Martin-Mahar |
Gives overview of HB 2453 (Exhibit 6) which permits claim of refund to be made by taxpayer pertaining to pass-through entity status. The extension of the time period for the Dept. of Revenue to verify any deficiencies could bring in additional revenue. The revenue impact is minimal (Exhibit 7).
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TAPE 46, SIDE A
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006 |
Buchanan |
Testifies in support of HB 2453 because the bill extends the time limit as stated by Martin-Mahar. |
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031 |
Chair Butler |
General comments about HB 2453. |
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CLOSES PUBLIC HEARING FOR HOUSE BILL 2453 |
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OPENS WORK SESSION FOR HOUSE BILL 2453 |
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046 |
Rep. Olson |
MOTION: MOVES HB 2453 TO THE HOUSE FLOOR WITH A DO PASS RECOMMENDATION. |
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048 |
Chair Butler |
Calls meeting at ease at 1:37 p.m. Calls meeting to order at 1:39 p.m. |
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050 |
Chair Butler |
ORDER: THERE BEING NO OBJECTION, THE CHAIR SO ORDERS. MOTION PASSES 7-0-2. VOTING AYE: BERGER, ESQUIVEL, GALIZIO, HASS, OLSON, RILEY, BUTLER. EXCUSED: BOQUIST, KOMP. |
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CLOSES WORK SESSION FOR HOUSE BILL 2453. |
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OPENS PUBLIC HEARING FOR HOUSE BILL 2454. |
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072 |
Martin-Mahar |
Gives overview of HB 2454 (Exhibit 10) which prescribes an allocation formula for part-year and nonresident taxpayers pertaining to pass-through entities. |
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094 |
Buchanan |
Testifies in support of HB 2454 because it codifies the Oregon Tax Court’s decision pertaining to pass-through entity income (Exhibit 12). |
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111 |
Chair Butler |
Questions and discussions about pass-through entities pertaining to part-year residents. |
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CLOSES PUBLIC HEARING FOR HOUSE BILL 2454. |
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OPENS WORK SESSION FOR HOUSE BILL 2454 |
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170 |
Rep. Galizio |
MOTION: MOVES HB 2454 TO THE HOUSE FLOOR WITH A DO PASS RECOMMENDATION. |
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187 |
Chair Butler |
ORDER: THERE BEING NO OBJECTION, THE CHAIR SO ORDERS. MOTION PASSES 7-0-2. VOTING AYE: BERGER, ESQUIVEL, GALIZIO, HASS, OLSON, RILEY, BUTLER. EXCUSED: BOQUIST, KOMP. |
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CLOSES WORK SESSION FOR HOUSE BILL 2454 |
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OPENS WORK SESSION FOR HOUSE BILL 2451 |
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195 |
Martin-Mahar |
Gives overview of House Bill 2451 (Exhibit 1) which adds a requirement to the working family child care tax credit. Refers to the HB 2451-1 amendment (Exhibit 2) and the revenue impact statement (Exhibit 3). The amendment pertains to the working family child care tax credit threshold of at least $6000 of earned income from Oregon sources only. |
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259 |
Rep. Berger |
MOTION: MOVES THE ADOPTION OF THE HB 2451-1 AMENDMENT. |
263 |
Chair Butler |
ORDER: THERE BEING NO OBJECTION, THE CHAIR SO ORDERS. MOTION PASSES 7-0-2. VOTING AYE: BERGER, ESQUIVEL, GALIZIO, HASS, OLSON, RILEY, BUTLER. EXCUSED: BOQUIST, KOMP. |
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268 |
Rep. Berger |
MOTION: MOVES HB 2451 AS AMENDED TO THE HOUSE WITH A DO-PASS RECOMMENDATION. |
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271 |
Chair Butler |
ORDER: THERE BEING NO OBJECTION, THE CHAIR SO ORDERS. MOTION PASSES 7-0-2. VOTING AYE: BERGER, ESQUIVEL, GALIZIO, HASS, OLSON, RILEY, BUTLER. EXCUSED: BOQUIST, KOMP. |
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CLOSES WORK SESSION FOR HB 2451-1 |
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270 |
Chair Butler |
Committee administrative business discussed. |
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300 |
Chair Butler |
Adjourns meeting at 1:55 p.m. |
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Tape Log Submitted by: |
Reviewed by: |
Kristi Bowman, Committee Assistant |
Kim Taylor James, Committee Coordinator |
Exhibit Summary: