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To: JohnHuang2
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Page 1
Road User Fee Task Force
Preliminary Report to the Legislature
September 2002
Appendix S
S - 1
MEMO
July 1, 2002
To: Jim Whitty, Administrator
Road User Fee Task Force
From: Quintin Hess, Manager
Fuels Tax Group
Re:
Taxing Gasoline at the Pump
You have requested a memo outlining the issues involved in moving the taxation point of
gasoline in Oregon from the distributor level to the retail level, i.e. the pump. [Note: This
memo does not address issues pertaining to collection of VMT fees at the pump.] We
have identified a number of issues that should be taken into consideration before
proposing such a change.
1.
Increased ODOT Audit Presence
. No other states tax gasoline at the retail level
and haven't in the recent past. Consequently, data isn't available to study/forecast the
impact of such a move by ODOT. Many states have however, moved the taxation
point up the distribution chain. In virtually all cases, the states have enjoyed an
increase in revenues, although in some cases the increase has been temporary due to
evasion schemes subsequently developed that have reduced the increase. Moving the
taxation point down the distribution chain presents an interesting question. Would
the effect be the opposite of what happens when the taxation point is moved up? It is
difficult to say, but it would be
critical for ODOT to maintain a strong audit presence
and closely monitor revenues
in the event revenue decreases began occurring.
2.
Administration Costs Five or Six Times Greater
. Initial estimates place the cost of
administering a retail based tax program in the range of
$5 million to $6 million a
year
, and FTE would increase from 15 to a total of 67
. Start up costs could run as
high as $1.5 million.
The current program is administered at a cost of approximately
$1 million a year.
3.
Increased Taxpayer Error Rate
. Retail stations as a whole would likely make more
errors due to
less sophisticated accounting systems and accounting personnel.
4.
Increased Private Sector Reporting
. In order to `verify' the total amount of fuel
entering the state, it would be
necessary to track fuel from entry into the state, to the
ultimate sale.
This is necessary in order to insure that all fuel is being accounted for.
This would require
reporting by all levels of the distribution chain as well as by
motor carriers hauling bulk fuel.

Page 2
Road User Fee Task Force
Preliminary Report to the Legislature
September 2002
Appendix S
S - 2
5.
Evasion a Higher Percentage of Gas Tax Revenue
. A mitigating factor to this
move would be the decreasing reliance on the gas tax as a major source of revenue for
ODOT. The portion of ODOT revenue represented by the gas tax will be declining as
alternative tax programs are used. Any evasion incurred, while a higher percentage
of gas tax revenue, will be a progressively smaller percentage of total revenue.
6.
Unsophisticated Taxpayers
. Moving to the retail level would result in an increase in
taxpayers from approximately 200 to 1000. The amount of tax reported would run
the gamut and there would be a marked increase in smaller accounts. Initial
observation indicates that this smaller segment of the fuel industry
is more susceptible
to late payments and business failures
than their larger, more sophisticated suppliers.
As such, bad debts would be more numerous but smaller in amount. If this move
becomes likely, further analysis should be done to determine an estimate, if possible,
of the amount of loss ODOT could expect to experience.
7.
New Computer System Needed
. The change would necessitate a new computer
system to handle the increased number of licensees/taxpayers and the radically
changed tax structure. Extensive involvement by ODOT's IS staff would be
necessary to accurately estimate the cost of developing such a system.
8.
Electronic Data Filing Problematic
. The transmission of data electronically
becomes both beneficial and problematic at the retail level. Electronic based filing
would reduce data entry costs and the errors that go with it, but the less sophisticated
base of taxpayers may be
less accepting of mandated or voluntary electronic filing.
9.
Increased Demand for Governmental Exemptions
. A retail based tax structure
could potentially encourage the demand for exemptions by governmental bodies from
the federal level down to the local level. Exemptions from the retail based use fuel
tax currently exists for virtually all governmental bodies in Oregon. The retail nature
of the use fuel tax has contributed to the relative ease of administering the tax
program with the exemptions, and
moving the gas tax to the retail level would likely
facilitate political pressure to extend the exemptions to the gas tax
. In addition, legal
advice would be needed to determine if the state's ability to tax the federal
government could be maintained.
10.
Bucks National Uniformity Trend
. Industry buy-in to a retail based tax structure is
unknown, but would be critical to it's success. The change would go against a
nationwide movement toward uniformity. Multi-state operators would likely be very
concerned with the `uniqueness' of the Oregon system as it
would require a reporting
structure
on their end
completely different from any other state
.
11.
Increased Costs to Other Governmental Entities
. ODOT currently administers
local tax ordinances for Washington and Multnomah Counties, and the City of
Woodburn. The tax structure of these ordinances mirrors existing state law. If the

Page 3
Road User Fee Task Force
Preliminary Report to the Legislature
September 2002
Appendix S
S - 3
local governments chose not to follow a move to a retail based system, their
collection costs would go up as the efficiencies gained by having the same tax
structure as the state would be lost. Similarly, the tax structure for aircraft fuels
administered for the Department of Aviation is based on a distributor level tax.
Further analysis would need to be done to estimate the impact on these other tax
programs.
Thanks for the opportunity to provide input to the Road User Fee Task Force. Please feel
free to contact me for clarification of any of these points or for further information.

LINK



5 posted on 12/30/2002 10:55:33 PM PST by Sabertooth
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Sabertooth
>> Unsophisticated Taxpayers

AKA "Joe & Mary Sixpack" to other agencies of this state's government. We can always count on the most respectful, professional treatment from our government.
10 posted on 01/01/2003 7:50:14 PM PST by Clinging Bitterly
[ Post Reply | Private Reply | To 5 | View Replies ]

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