California 2019-2020 Regular Session

California Assembly Bill ACA13

Introduced
3/26/19  

Caption

Local sales taxes: online sales.

Impact

The passage of ACA 13 would not only alter the flow of tax revenues but also aim to increase local tax revenues from internet transactions. By defining qualified retailers and establishing new protocols for sales tax collection at the point of delivery, cities and counties could better capture the economic benefits of online sales. This could enable local governments to fund public services through enhanced sales tax revenue, promoting growth and stability within local economies.

Summary

ACA 13, introduced by Assembly Member Obernolte, proposes an amendment to the California Constitution concerning local sales taxation, specifically addressing online sales. The bill aims to modify how sales tax revenue is allocated for transactions conducted online. Under this amendment, the retail sale of tangible personal property by qualified retailers that occur online would be considered consummated at the delivery location, rather than at the retailer's place of business. This significant change is set to take effect on January 1, 2021, aligning the revenue collection process for e-commerce with traditional brick-and-mortar sales.

Contention

However, this amendment has sparked debates regarding equity and local control. Opponents may argue that the changes could undermine local revenues by shifting the point of sale for taxation, potentially disadvantaging local businesses that compete with larger online retailers. There is a concern that redefining where sales taxes are deemed to occur could complicate compliance, particularly for cities with existing agreements under the Bradley-Burns Uniform Local Sales and Use Tax Law. Furthermore, some lawmakers might see this as a move towards greater state control over taxation, raising alarms about local governance and authority.

Companion Bills

No companion bills found.

Previously Filed As

CA SB1494

Local agencies: Sales and Use Tax: retailers.

CA AB1249

Sales and use taxes: exemption: tax holiday: school supplies.

CA AB2854

Bradley-Burns Uniform Local Sales and Use Tax Law.

CA AB1203

Sales and use taxes: exemptions: breast pumps and related supplies.

CA AB2274

Taxation: sales and use taxes: exemption: school supplies tax holiday.

CA AB52

Income tax credit: sales and use taxes paid: manufacturing equipment: research and development equipment.

CA AB2006

Sales and Use Tax Law: exemption: over-the-counter medication.

CA SB243

Sales and Use Tax Law: exemption: gun safety systems.

CA AB2061

Sales and Use Tax: exemptions: zero-emission public transportation ferries.

CA SB546

Sales and Use Tax Law: exemption: dedicated snow removal vehicles.

Similar Bills

CA SCA20

Local sales taxes: online sales.

CA AB310

Wealth tax.

CA AB259

Wealth Tax: False Claims Act.

CA AB2289

Wealth Tax: False Claims Act.

CA SB593

Redevelopment: successor agency debt: City and County of San Francisco.

CA AB930

Local government: infrastructure financing districts: Reinvestment in Infrastructure for a Sustainable and Equitable California (RISE) districts: housing development: restrictive covenants.

CA SB711

Taxation: federal conformity.

CA AB147

Use taxes: collection: retailer engaged in business in this state: marketplace facilitators.