California 2021-2022 Regular Session

California Senate Bill SB792

Introduced
2/19/21  
Introduced
2/19/21  
Refer
3/3/21  
Refer
3/3/21  
Report Pass
3/25/21  
Refer
3/25/21  
Refer
3/25/21  
Report Pass
5/20/21  
Engrossed
6/2/21  
Engrossed
6/2/21  
Refer
6/10/21  
Refer
6/10/21  
Report Pass
7/7/21  
Report Pass
7/7/21  
Refer
7/8/21  
Refer
7/8/21  
Report Pass
8/19/21  
Report Pass
8/19/21  
Enrolled
9/10/21  
Enrolled
9/10/21  

Caption

Sales and use tax: returns: online transactions: local jurisdiction schedule.

Impact

The implementation of SB 792 is anticipated to significantly affect local tax revenue collections. Qualified retailers who fail to comply and submit the required schedules will face penalties up to $5,000. By requiring retailers to report sales on a jurisdictional level, the bill aims to prevent underreporting and to ensure that local governments are compensated fairly for sales occurring within their boundaries. This law alters the landscape of tax compliance for e-commerce businesses and emphasizes the growing significance of local tax revenues in an increasingly digital economy.

Summary

Senate Bill 792, introduced by Senator Glazer, addresses the issue of sales and use tax reporting for online retailers. This bill mandates that, beginning January 1, 2022, any qualified retailer with annual sales exceeding $50 million in online transactions must include a detailed report with their tax returns. This report should specify the gross receipts from online sales that occurred in each local jurisdiction where the shipment or delivery took place. The underlying goal of this bill is to enhance the transparency and accuracy of tax reporting for online sales, ensuring local jurisdictions receive their appropriate tax revenue from internet transactions.

Sentiment

The sentiment surrounding SB 792 appears to be generally supportive among legislative proponents, who argue that it enhances fairness in tax reporting and distribution. However, there may be concern among some business groups regarding the potential administrative burden this law places on larger online retailers. Critics could view the penalties for non-compliance as excessive, highlighting an ongoing debate about balancing the need for tax compliance with the operational realities of running a large online business.

Contention

A notable point of contention may arise from discussions regarding the impact of this bill on smaller retailers or those with varying sales volumes. While the threshold of $50 million aims to target larger entities, the implications and administrative efforts required for compliance could be seen as disproportionately burdensome for some businesses. This legislation underscores broader issues in tax law related to internet commerce and the growing necessity for regulatory measures that reflect modern sales practices while accommodating both large and small retailers.

Companion Bills

No companion bills found.

Previously Filed As

CA SB1494

Local agencies: Sales and Use Tax: retailers.

CA AB2274

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

CA AB1203

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

CA SB776

Sales and use taxes.

CA AB1249

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

CA AB321

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

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 SB1086

Sales and Use Tax Law: motor vehicle fuel tax: sales price: gross receipts.

CA SB243

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

Similar Bills

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CA AB543

Sales and Use Tax Law: exemptions: petroleum products: water common carriers.

CA SB829

Cannabis: donations.

CA AB2066

Communication: telegraph corporations, telegraphy, and telegrams.

CA AB1332

Medicinal cannabis: shipments.

RI H6365

Imposes a fifty cent delivery fee (tax) per transaction for deliveries in the state.

CA SB863

Taxation.

DE HB259

An Act To Amend Title 4 Of The Delaware Code Relating To The Distribution Of Alcohol.