FY 2016 Appropriation

The primary function of the State Tax Commission is the collection of revenue for state and local governments and administering tax and motor vehicle laws. The Tax Commission handles revenue from about 40 taxes, surcharges, and fees; registers automobiles; regulates the automobile dealer industry; and provides direction and support to the local property tax process.

Mission Statement

The mission of the Tax Commission is to collect revenue for the state and local governments and to equitably administer tax and assigned motor vehicle laws.

Funding History

Funding Issues

Electronic Payment Fees

Additional appropriations from this restricted account would be used to cover increased costs from bank and credit card fees, from tax payers' increased use of electronic payment methods.

Liquor Profit Distribution

The Tax Commission disburses funds from the Alcoholic Beverage Enforcement & Treatment Restricted Account to local law enforcement agencies. This budget change would appropriate $5,500 ongoing. It is consistent with the statutory requirements of disbursement of beer tax revenues.
Appropriation Overview

During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $91,669,300 from all sources for Tax Commission. This is a 2.9 percent increase from Fiscal Year 2015 revised estimated amounts from all sources. The total includes $48,253,500 from the General/Education Funds, an increase of 3 percent from revised Fiscal Year 2015 estimates.

Appropriation Adjustments

In addition to statewide compensation and internal service fund cost increases, the following appropriation adjustments were made during the 2015 General Session:

DescriptionOngoingOne-Time Attorney General Dedicated Credit Adjustments$4,800$0
OngoingOne-TimeFinancing Source
$4,800$0General Fund
This item designates additional funding appropriated to an agency to pay higher costs for Attorney General services, due to statewide and AG-specific compensation increases.
Electronic Payment Fees$600,000$300,000
OngoingOne-TimeFinancing Source
$600,000$300,000GFR - Electronic Payment Fee Restricted Account
Additional appropriations from this restricted account would be used to cover increased costs from bank and credit card fees, from tax payers' increased use of electronic payment methods.
Income Tax Revisions$83,000$46,000
OngoingOne-TimeFinancing Source
$83,000$0Education Fund
$0$46,000Education Fund, One-time
By delaying refunds, enactment of this legislation could increase interest income to the Education Fund by $41,000 annually. The bill also imposes higher fees on non-compliant businesses with withholding filing requirements. For every 1% of continued non-compliance, the bill increases the fee revenue to the Education Fund by about $100,200 up to 84% in compliance (i.e. 50% continued non-compliance = $5,010,000 in increased Education Fund revenue). This note assumes 84% compliance, at which enough businesses are in compliance that the revenue impact on the Education Fund is neutral. At 100% compliance, revenue to the Education Fund would decrease by $2,438,000 per year. Enactment of this legislation could cost the Tax Commission $58,000 ongoing for 4 half-time FTE to review and verify employer and employee information and $25,000 for letters to employers and employees. The bill may also cost the Tax Commission $46,000 one-time for bulletins and inserts regarding the new requirements.
Liquor Profit Distribution$5,500$0
OngoingOne-TimeFinancing Source
$5,500$0GFR - Alc Bev Enf and Treatment
The Tax Commission disburses funds from the Alcoholic Beverage Enforcement & Treatment Restricted Account to local law enforcement agencies. This budget change would appropriate $5,500 ongoing. It is consistent with the statutory requirements of disbursement of beer tax revenues.
Tax Turnover Savings ($46,300)$0
OngoingOne-TimeFinancing Source
($46,300)$0General Fund
The Tax Commission currently has an applied turnover savings rate of 4%. This amounts to $1,037,034 (4% of the percentage of personnel services covered by GF/EF). An amount could be reduced from General Fund appropriations, with a buffer remaining for hiring personnel.
Utah Educational Savings Plan Amendments$0$10,200
OngoingOne-TimeFinancing Source
$0$10,200Dedicated Credits Revenue
Enactment of this legislation could generate $10,200 in dedicated credits one-time in FY 2016 for the Tax Commission and $20,800 in dedicated credits one-time in FY 2016 for the Department of Administrative Services for systems changes. The bill could also reduce revenue to the Education Fund by $6,400 in FY 2016 and $7,100 in FY 2017. Enactment of this legislation could cost the Tax Commission $10,200 one-time and the Department of Administrative Services $20,800 one-time for programming costs, paid for by the Utah Educational Savings Plan.
Statute

The Utah Constitution, Article XIII, Section 6, Paragraph 3 details that the State Tax Commission shall administer and supervise the State's tax laws, ensure that properties are assessed and valued equally across county lines, review proposed bond issues, revise local tax levies, and have other powers as provided by statute. Most of the broad authority granted the Tax Commission in the Constitution is detailed in Utah Annotated Code Title 59, Chapters 1 through 27, and Utah Annotated Code Title 41.

Intent Language

HB0003: Item 61

Under Section 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided to the Utah State Tax Commission in Item 13, Chapter 10, Laws of Utah 2014 not lapse at the close of Fiscal Year 2015. The use of nonlapsing funds is limited to the costs directly related to the modernization of tax and motor vehicle systems and processes.


HB0003: Item 61

Under Section 63J-1-603 of the Utah Code, the Legislature intends that unspent funds available from Temporary Permit Fees paid to the Motor Vehicle Enforcement Division shall transfer at the close of Fiscal Year 2015 to the new restricted fund created for the deposit of these fees.


Major sources of finance for the Tax Commission are the General Fund and Education Fund. The Commission also draws funding from Dedicated Credits, Restricted Revenues, and the Transportation Fund.

The Tax Commission is authorized to receive funding from the Education Fund due to its role in collecting income and corporate taxes. The Commission is also authorized funding from the Transportation Fund due to its function in collecting taxes for motor fuel, special fuel, motor vehicle registration fees, and other revenue sources that transmit to the fund.

Special Funds

The Tax Commission draws funding from four restricted accounts, which are:

Tax Commission Administrative Charge Account. Consists of a percentage of revenues collected by the commission from each qualifying tax, fee, or charge. The total percentage remitted to the account is the lesser of either 1.5% of these administrative charges, or a percentage sufficient to cover the costs of administering the qualifying taxes, fees, or charges. Please refer to UAC 59-1-306.

Uninsured Motorist Identification Account. Consists of a $1 uninsured motorist identification charge included in each motor vehicle registration fee collected by the commission; when an application has been submitted for such, a $100 registration reinstatement fee for each vehicle with a previously revoked registration; appropriations made by the Legislature; and interest earned on account funds. For further detail, please refer to UAC 41-12a-806.

Tobacco Settlement Restricted Account. Consists of a statutory appropriation of $18,500 for ongoing enforcement of business compliance with the Tobacco Tax Settlement Agreement. For further detail, please refer to UAC 51-9-201.

Electronic Payment Fee Account. Consists of fees collected on the purchases or renewals of various licenses, registrations, permits, license plates, etc. For further detail about specific licenses, registrations, permits, etc. that the commission is statutorily allowed to charge an electronic payment fee for, please refer to UAC 41-1a-121.

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COBI contains unaudited data as presented to the Legislature by state agencies at the time of publication. For audited financial data see the State of Utah's Comprehensive Annual Financial Reports.