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HomeMy WebLinkAbout04 - Review of Aerospace DecisionMeeting Date: February 27, 2001 Agenda Item No CITY OF NEWPORT BEACH Administrative Services Department Resource Management • Fiscal Services • M.I.S. • Revenue • Accounting TO: Mayor and City Council Members FROM: Glen Everroad, Revenue Manager SUBJECT: Authorization of Municipal Revenue Advisors to Review State Board of Equalization Documents Regarding the Aerospace Decision SUGGESTED ACTION: Approve the attached proposed Resolution allowing staff of Municipal Revenue Advisors to review State Board of Equalization confidential materials. Background In 1993, the U.S. Supreme Court der, mrined that federal government aerospace contractors should not have paid sales tax on purchases from vendors for parts and materials incorporated into their production of products for the federal government. As a result of this decision the California Board of Equalization (BoE) implemented in 1994 a methodology to debit from California cities those sales tax revenues attributable to the above purchases. The total amount of sales tax that Newport Beach was debited since 1994 is over $450,000. Determination of which cities were to be debited, and by how much, was based on claims filed by aerospace contractors and BoE calculation. This methodology assumed that all company facilities that the BOE labeled as "aerospace" were subject to this debit. In the case of Newport Beach, we believe that all of the activities of the Rockwell facility (now Conexant) in Newport Beach were classified by the BOE as aerospace in nature. Information provided by Conexant tax management staff indicates that a significant portion, or possibly all, of its operations were in fact dedicated to non - governmental and non - aerospace products. If accurate, then the BOE debits to the City for Rockwell were in error. Revenue and Taxation Code section 7056 restricts access to information contained in or derived from sales or use tax records. This section requires the City Council adopt a resolution authorizing specified City staff and consultants to the City to review confidential sales and use tax records related to the City. The City currently contracts with Municipal Revenue Advisors (MRA) to conduct sales & use tax audits. The BoE has recently agreed to permit our review of the BoE working papers of the Rockwell claim for reimbursement and the related reimbursement methodology. In order for MRA to conduct the review and determine whether the City was il&N d-in excess on the Rockwell claim, the attached proposed Resolution must be adopted. Glen Everroad, Revenue Manager attachment: Proposed Resolution RESOLUTION NO 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DESIGNATING MUNICIPAL REVENUE ADVISORS AS AN AUTHORIZED CITY REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS WHEREAS, pursuant to California Revenue and Taxation Code Section 7200 et seq., the City of Newport Beach has adopted a sales and use tar ordinance that imposes a tax and provides a measure that can be administered and collected by the State Board of Equalization along the same and existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. WHEREAS, pursuant to California Revenue and Taxation Code Section 7056, the City of Newport Beach, by resolution, may designate any officer, employee or any other person to examine all of the sales and use tax records of the Board pertaining to sales and use taxes collected for the City. WHEREAS, the City of Newport Beach has entered into an agreement for sales and use tar auditing with the firm Municipal Revenue Advisors, which requires that the consultant examine sales and use tax records. WHEREAS, all legal prerequisites prior to the adoption of this Resolution have occurred. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: Section 1: The City Council of the City of Newport Beach hereby certifies that Municipal Revenue Advisors (hereinafter referred to as "CONSULTANT ") meets all of the requirements of California Revenue and Taxation Code Section 7200 et seq., as more specifically described in Sections 2 and 3, below. Section 2: The City Council of the City of Newport Beach hereby certifies to the State Board of Equalization that CONSULTANT is a designated representative of the City of Newport Beach to examine sales and use tax records of the Board pertaining to sales and use taxes collected by the Board on behalf of the City of Newport Beach. Section 3: Pursuant to California Revenue and Taxation Section 7056(b), the City Council of the City of Newport Beach hereby certifies that CONSULTANT meets all of the following conditions: a. CONSULTANT has an existing contract with the CITY to perform sales and use tax audit services; b. CONSULTANT is required by that contract to disclose information contained in, or derived from, sales tax records only to an officer or employee of the CITY who is authorized by resolution to examine the information; c. CONSULTANT is prohibited by the contract from performing consulting services for a retailer during the term of the contract; and d. CONSULTANT is prohibited by the contract from retaining the information contained in, or derived from, those sales tax records after the contract expires. Section 4: The City Clerk shall certify to the adoption of this Resolution. Adopted this day of 2001. Mayor ATTEST: City Clerk