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HomeMy WebLinkAbout- - Possible Business License Tax Increase - 7/17/2012CITY COUNCIL AGENDA REPORT MEETING DATE: July 17, 2012 ITEM NUMBER: SUBJECT: DISCUSSION REGARDING POSSIBLE BUSINESS LICENSE TAX INCREASE DATE: JULY 12, 2012 FROM: FINANCE DEPARTMENT/FINANCE ADMINISTRATION PRESENTATION BY: BOBBY YOUNG, FINANCE & I.T. DIRECTOR FOR FURTHER INFORMATION CONTACT: BOBBY YOUNG, FINANCE & I.T. DIRECTOR (714) 754-5243 RECOMMENDED ACTION: Provide direction to staff regarding Council's desire to establish and propose a Business License Tax Ballot Measure for the November 6, 2012 general election at a July 24, 2012 Special Meeting. BACKGROUND: The City last amended the Business License Tax (Section 9-1 of the Municipal Code) in April 1985. The code section states: "For the purpose of raising revenue for the city, every person conducting, carrying on, or engaging in any business shall pay a business tax to the city as hereinafter set forth, and any person who conducts, carries on, or engages in any business for which payment of a business tax is required under the provisions of this title, without having paid the required tax, is guilty of a misdemeanor or infraction. Each day of operation in violation of this section shall constitute a new and separate offense. " Given that the payment associated with the issuance of a business license is imposed for the purpose of raising revenue, it is determined the payment is a tax not a fee. Since Proposition 62 (1986), all taxes must be approved by two-thirds of the governing body (4 of 5), and a simple majority of the voters at a general election. The following is the anticipated timeline should the City Council elect to submit a resolution to voters for approval of the ordinance on the November 6, 2012 general election. July 24 — City Council adopts resolution to put measure on ballot July 25 — Resolution submitted to County to place measure on ballot Aug 7 — Direct arguments and impartial analysis due August 17 — Rebuttals due 1 ANALYSIS: Section 9-25 of the City's Municipal Code establishes the tax structure based upon the annual gross receipts of a business. This structure is widely used by cities for the business license tax because of its ease of use and understanding. Businesses required to file tax returns must report total gross receipts. Using tax filings allows for ease of auditing businesses to ensure the proper tax is paid. When using the gross receipts method, most cities have adopted either a tier structure or a millage rate. A mill rate establishes an amount, usually per $1,000 of gross receipts to determine the tax, sometimes without a cap. Section 9-25 established a tier format used to calculate the applicable tax as seen below. Current Annual Gross Receipts Tax Due Under $1,000 $0 $1,000.01 - $25,000 $25 $25,000.01 - $40,000 $35 $40,000.01 - $75,000 $45 $75,000.01 - $200,000 $60 $200,000.01 - $500,000 $100 Over $500,000 $200 The projected revenue from Business License Tax in FY 12-13 is $850,000. The City has contracted with MuniServices to conduct a study to provide staff with information about different tax structures and comparative analysis with surrounding cities for perspective. The report compiled by MuniServices can be seen as Attachment A. At the July 10, 2012 City Council Study Session, staff presented some comparative analysis and an initial recommendation to retain a tier structure but a change to gross receipt tiers and the tax due. With a minimum tax of $50 due to staff time and other resources used for issuing the license, and a maximum of $10,000, the potential increase in revenue is $2.7 million. As seen on pages 9-11 of Attachment A, a summary of other options provided by MuniServices shows additional alternatives and information. These options range from keeping the same tier structure and just doubling the current tax, to altering the tier structure and increasing the tax in different amounts. At the Study Session, City Council also requested information about a per employee structure. Unfortunately, neither MuniServices nor City staff could compile information on the City's business community to determine a recommendation and what the financial impacts of that recommendation would be. Should the City Council desire a per employee structure, staff may suggest to not place any measure on the ballot for November 2012, and direct staff to alter the current business license tax application to retrieve that information so that the City will have data available for a future potential ballot measure. E Staff has also been conducting research into upgrading the current license system to one with an online business license tax feature. This will allow businesses to apply, renew and pay for the license online. It could also provide online renewal noticing and enhance audit features by linking with other business data provided to the City. The potential cost of providing these features to the City and business community could be offset by the increase in tax revenue. Staff will also work toward enhancing our enforcement capabilities in an effort to ensure businesses are in full compliance with current ordinances. ALTERNATIVES: City Council can choose to alter the above tier amounts either by doubling the current amounts or by using some other factor and staff will provide the estimated financial impacts of any changes. Another alternative is to amend the current tier structure to reduce the number of tiers from seven to three or four, thus simplifying the process altogether. City Council could also choose to direct staff to begin gathering number of employee data from businesses to enlarge our database for future potential business license tax ballot measures. CONCLUSION: During FY 2011-12 City Council stated a desire to have staff provide information regarding a potential business license tax ballot measure for the purposes of increasing the current tax. Attached is a report provided to the City from MuniServices, whom the City contracted to gather data and provide analysis of the current business license tax as well as alternatives. BOBBY YOUNG Finance and I.T. Director Attachment A — Business License Tax Classification and Tax Rate Structure Report — MuniServices 3 &MUNISERVICES Preliminary Draft Business Tax Classification & Tax Rate Structure Report Prepared in partnership with: The City of Costa Mesa, California Project #: 2012_BL CMTAXFD1, Draft v1.63B July 12, 2012 www.MuniServices.com 0 Page 1 Preliminary Draft Project Summary The City of Costa Mesa intends to explore the option of implementing a modified business tax program with the objective of raising revenue for the City while minimizing the administrative cost and maintaining the public's support. The goal of this project is to develop a concise, simplified, and customer -friendly business tax, while achieving the City's revenue goals. To accomplish the City's business tax goals, the agreed upon scope of work for the project includes the following components: • Perform a comparative analysis and survey of the business tax fees and classification used by surrounding and / or similar taxing agencies. • Create sample business tax fee structures The approach was to divide this project into two distinct phases, including Phase 1- Business Tax Structure & Revenue Models Analysis, and Phase 2 - Business Tax Comparative Study. A synopsis of each Phase is as follows: Phase 1 - Business Tax Structure & Revenue In order to establish tax structures and develop revenue estimates, MuniServices brought together key elements of the first phase of the project. MuniServices will create a number of potential tax structures based on gross receipts that the city may choose from when implementing their tax. Of the all the methods identified, MuniServices recommends the continued use of a Gross Receipts tax structure as the primary method to calculate business taxes in the City of Costa Mesa. The goal is to maximize revenues and create equity among the tax base while remaining competitive with the surrounding jurisdictions. MuniServices was able to approximate the averages of gross sales for many of the primary businesses when this information was absent from the business tax registry data provided by the City. Inputting these variables into the aforementioned recommended tax structure, MuniServices estimates the City's business tax base will consist of approximately 11,700 (9,027 Gross Receipt Category) businesses generating $1.4 to $3.4 million in net tax revenues. www.MuniServices.com 6 Page 2 i Preliminary Draft Phase 2 - Business Tax Comparative Study MuniServices surveyed and analyzed the business taxes utilized by other similar and /or surrounding local agencies to identify the common tax structures assessed. MuniServices selected cities based on proximity to the City and those with a comparable population and other taxation variables such as economic make-up of the business base. The process is designed to glean two key pieces of information. The first is the statistical data necessary to ensure the marginal accuracy of the data compiled. The second is to provide the City the ability to evaluate proposed taxation structures with those of neighboring cities. www.MuniServices.com 0 Page 3 Preliminary Draft Costa Mesa - Current Tax Structure Overview MuniServices utilized the Business Tax Registry data and a Business Distributive Subset (BDS) to estimate revenues and classification structures. This subset was developed by extrapolating the record sets with the most reliable data, comparing them with averages developed during Phase 2 - Business Tax Comparative Study and adjusting the subset to be reflective of the City's own business base. This process combined many variables, such as population, sales tax permits, SIC codes, and commercial space available, to estimate the averages for Costa Mesa. This subset, while not an exact composition of the businesses subject to taxation, reflects the most likely breakdown of businesses activities and average calculation details such as gross receipts. TABLE (A) City of Costa Mesa - Current Business Tax Classification Summary Category General Business Business Tax Rate $0-$200 Number of Businesses 9,027 Total Business Tax Revenue $736,900.00 Contractors $50 2,318 $115,800.00 Temporary/ Special Event $25-$7,240 17 $16,732.00 Taxi Cab $50 17 $850.00 Vehicles $25-$350 212 $8,635.00 Special Permit (Firearm) $25-$200 9 $1,035.00 Tax Exempt $0 112 $0.00 Total Business Tax Revenue > 11,712 $879,952.00 TABLE (B) City of Costa Mesa - Current General Business Category with a $200 Maximum Tax Gross Receipt Range•.. Business Tax Rate Number of Businesses � Percentage of Total $0 to $1,000 $0.00 605 6.7% $199.00 $1,000.01 to $25,000.00 $25.00 2,057 22.8% $15,945.00 $25,000.01 to $40,000.00 $35.00 701 7.8% $30,301.00 $40,000.01 to $75,000.00 $45.00 1,092 12.1% 53,827.00 $75,000.01 to $200,000.00 $60.00 1,381 15.3% $124,642.00 $200,000.01 to $500,000.00 $100.00 1,094 12.1% $323,590.00 Over $500,000.00 $200.00 2,097 23.2% $13,464,080.00 General Business/ Gross Receipts Totals > 9,027 100.0% $2,001,798.00 www.MuniServices.com 6 Page 4 Preliminary Draft Revenue by Tax Type 83.7% 0.1% 1.9% 1.0% a.1'% ■ General Business ■Contractors ■Temporary /Special Event ❑Taxi Cab ❑ Vehicles ❑ Special Permit ( Firearm ) 22.8% 12.1% 15.3% ■ $0 to $1,000 $75,000.01 to $200,000.00 6.7% 0 $1,000.01 to $25,000.00 $200,000.01 to $500,000.00 0 $25,000.01 to $40,000.00 Over $500,000.00 General Business Category by Gross Receipts Range 12.1% 0 $40,000.01 to $75,000.00 www.MuniServices.com 4 Page 5 Preliminary Draft Tax Classification System The Tax Classification System separates businesses into categories based on business activities. Businesses may fall in to one or many classification depending on their business types and the activities they conduct in the City of Costa Mesa. Some taxation methodologies such as gross receipts are better suited to handle multiple tax classifications. Typically 75%-85% of businesses fall into one primary "General Business" classification. In many cases, for the purpose of taxation, classifications may be grouped together, especially when tax rates are similar. 1. Retail Sales The Retail Sales classification includes the City's basic retail establishments. This classification typically includes any business activity where the business sells goods, wares, merchandise, etc. at retail. Number of Businesses 2,242 Number of Businesses at the Maximum Tax (Cap) 885 39.5% Average Gross Receipts / Average Business Tax $2,074,468 $110.24 2. Wholesale/ Manufacturing Wholesale activity classification is typically a business to business activity where the goods, merchandise, wares, etc. are sold to those who intend to resell. This category is typically treated similarly to retail. Manufacturers are typically defined as those businesses that manufacture, produce, package goods, etc. Number of Businesses 379 Number of Businesses at the Maximum Tax (Cap) 176 46.4% Average Gross Receipts / Average Business Tax $5,223,122 $123.75 3. Service The Service classification covers personal services, repairs, rentals, etc. This category covers all service related business not otherwise classified by the City. For example, a doctor or accounting firm would fall under the service category if the City chose not to have a classification for Professionals. Number of Businesses 4,824 Number of Businesses at the Maximum Tax (Cap) 703 Average Gross Receipts / Average Business Tax $1,220,024 $63.46 4. Professionals The Professionals classification includes those businesses providing professional type services such as doctors, lawyers, and accountants. This classification typically includes any business where a professional license is issued and regulated by the state. Number of Businesses 525 Number of Businesses at the Maximum Tax (Cap) 171 32.6% Average Gross Receipts / Average Business Tax $2,163,763 $107.71 www.MuniServices.com *6 Page 6 I Preliminary Draft 5. Property Rental The Property Rental classification are those that rent, lease, sublet, etc. residential and commercial based property including raw land, buildings, office space, billboards, parking lots, or any part thereof. Except in the case of subletting, this classification usually only includes the owner of the real property. Number of Businesses 953 Number of Businesses at the Maximum Tax (Cap) 13113.7% Average Gross Receipts / Average Business Tax $372,310 1 $73.91 6. Miscellaneous / General Business While almost all business activities will fall under one of the above classifications, it is important to have this "catch all" classification. Businesses structures and activities change over time and tax codes typically do not. This classification provides a safety net for cities when businesses change or when a unique business activity is conducted by a newly established business. Number of Businesses 104 Number of Businesses at the Maximum Tax (Cap) 31 29.8% Average Gross Receipts / Average Business Tax $831,745 $93.65 General Business Category by Activity 24.8% 4.2% 10.6% 5.8% ■ Retail Sales ■ Wholesale/ Manufacturing ■ Professionals ■ Property Rental www.MuniServices.com 4 1.4% Service ■ Miscellaneous /Other Page 7 Preliminary Draft Common Methods of Business License Taxation There are four (3) primary taxation methods used by the municipalities throughout California including the Cities surveyed for this report. The primary business tax structures commonly used are Gross Receipts, Number of Employees, and Flat Fee. These methods can be used exclusively, or may be combined to form more of a hybrid approach to taxation. The four methods are outlined below: Gross Receipts Taxation of gross receipts is one of the most common methods of business taxation in California. Since it is a widely used taxation method, there are many clearly established guidelines for what constitutes gross receipts and it is a familiar method to businesses. While more complex in some ways than other methods, Gross Receipts taxation does provide a simple and easy means to define an apportionment strategy which is required for all local business taxes. This is also helpful when allocating gross receipts between different classifications. While revenues from a gross receipts tax can fluctuate more than other models, the potential for growth is a benefit for the City and businesses receive a reprieve when sales are down. Gross Receipts can be calculated based on a percentage or a flat fee with a sliding scale. MuniServices recommends this taxation method be the primary method used due to its ease to facilitate both from the City perspective and the business community. Gross receipts are typically defined as the total revenue generated by a business before any deductions, allowances, and discounts. For a retail establishment, gross receipts are the total of all sales. Gross receipts for a service or professional based business are the total amount charged and received for services performed. Number of Employees In lieu of Gross Receipts, municipalities will often utilize employee counts as a basis for taxation. It is simple to calculate and administer. However, this method does prove difficult when attempting to do apportionment or allocation. In some cases Cities and businesses are faced with the challenge of breaking down number of hours per employee, per project, and per jurisdiction. This complicates the tracking on the business side and proves difficult to audit from the administration side. Employee count taxation methods also can be viewed in a negative light when considering economic development and business attraction strategies that tend to focus on appealing to large employers. Employee counts typically fluctuate less than gross receipts and therefore, while not as stable as a flat fee, can provide for an easier budgeting process than gross receipts. There are a number of methods available to determine annual employees count. One example is to use the total number of hours worked during the year for all employees and dividing that number by 2,080 (40 hours per week x 52 weeks). The final number is rounded to the nearest whole number to produce the total number of employees for a business in a given year. Flat Fee Flat fees are the simplest and easiest to administer of all the fee structures. This method prevents fluctuations in revenues and can be easier to forecast. However, Flat Fee structures can be regressive in nature, forcing businesses to pay the same fixed amount regardless of their size or income. As with other fixed rate methods, it does provide challenges when apportioning and allocating between classifications. www.MuniServices.com 4 Page 8 Preliminary Draft Costa Mesa - Recommended Tax Structure The gross receipts based tax structure is the primary method recommended by MuniServices for the City of Costa Mesa. This structure provides the most efficient administration methods weighed against the needs to generate revenue while ensuring the tax does not approach a regressive state. The current gross receipts scale method has been preserved to make the conversion process straightforward for the City and maintain continuity for a business community already familiar with the current table driven structure. The business tax rates established for specific scale of gross receipts range from less than % of one mill to 1 mill. The rates set forth are less than the Cities in the comparative study that utilized this method of taxation. These rates can also be applied to different classifications based upon industry standards. Retail, for example, can have a lower business tax rate than professionals due to lower profit margins and their abilities to generate sales tax revenues to the City. Sample Taxation Structures Using the methodologies outline above, MuniServices created sample rate tables that emulate the current gross receipts scale utilized by the City of Costa Mesa. The tables below are samples of how a tax structure would be organized and are not intended to reflect an actual approach. TABLE (A-1) City of Costa Mesa — Revised General Business Category with a $400 Maximum Tax — 1St Method $0-$1,000 $0.00 .000 605 0.0% $0 $1,000.01- $25,000.00 $50.00 .002 2,057 7.0% $102,850 $25,000.01- $40,000.00 $70.00 .00175 701 3.3% $49,070 $40,000.01 - $75,000.00 $90.00 .0012 1,092 6.7% $98,280 $75,000.01- $200,000.00 $120.00 .0006 1,381 11.2% $165,720 $200,000.01- $500,000.00 $200.00 .0004 1,094 14.8% $218,800 $500,000.01 + $400.00 - 2,097 56.9% $838,800 Total General Business Category > 9,207 100% $1,473,520 www.MuniServices.com 6 Page 9 Preliminary Draft TABLE (A-2) City of Costa Mesa — Revised General Business Category with a $400 Maximum Tax — 2nd Method $0 - $25,000.00 $25.00 .001 2662 4.2% $66,550 $25,000.01 - $50,000.00 $50.00 .001 1,256 4.0% $62,800 $50,000.01- $100,000.00 $100.00 .001 1,130 7.2% $113,000 $100,000.01- $200,000.00 $200.00 .001 788 10.1% $157,600 $200,000.01- $500,000.00 $300.00 .0006 1,094 20.9% $328,200 $500,000.01 + $400.00 - 2,097 53.5% $838,800 Total General Business Category > 9,207 100% $1,566,950 TABLE (B) City of Costa Mesa — Revised General Business Category with a $2,000 Maximum Tax $0-$50,000 $50.00 .001 3,918 7.4% $195,900 $50,000.01- $100,000.00 $100.00 .001 1,130 4.2% $113,000 $100,000.01- $500,000.00 $250.00 .0005 1,882 17.7% $470,500 $500,000.01- $1,000,000.00 $500.00 .0005 1,019 19.1% $509,500 $1,000,000.01- $5,000,000.00 $1,000.00 .0002 781 29.3% $781,000 $5,000,000.01 + $2,000.00 - 297 22.3% $594,000 Total General Business Category > 9,207 100% $2,663,900 www.MuniServices.com 0 Page 10 Preliminary Draft TABLE (C) City of Costa Mesa - Revised General Business Category with a $5,000 Maximum Tax $0-$50,000 $50.00 .001 3,918 5.7% $195,900 $50,000.01 - $100,000.00 $100.00 .001 1,130 3.3% $113,000 $100,000.01- $500,000.00 $350.00 .0007 1,882 13.7% $470,500 $500,000.01- $1,000,000.00 $600.00 .0006 1,019 14.8% $509,500 $1,000,000.01- $5,000,000.00 $1,500.00 .0003 781 22.7% $781,000 $5,000,000.01- $10,000,000.00 $2,500.00 .00025 152 8.8% $304,000 $10,000,000.01 - $25,000,000.00 $4,000.00 .00016 77 11.2% $308,000 $25,000,000.01 + $5,000.00 - 68 19.8% $340,000 Total General Business Category > 9,207 100% $3,021,900 TABLE (D) City of Costa Mesa - Revised General Business Category with a $10k Maximum Tax $0-$50,000 $50.00 .001 3,918 5.7% $195,900 $50,000.01 - $100,000.00 $100.00 .001 1,130 3.3% $113,000 $100,000.01- $500,000.00 $250.00 .0005 1,882 13.7% $470,500 $500,000.01- $1,000,000.00 $500.00 .0005 1,019 14.8% $509,500 $1,000,000.01- $5,000,000.00 $1,000.00 .0002 781 22.7% $781,000 $5,000,000.01- $10,000,000.00 $2,000.00 .0002 152 8.8% $304,000 $10,000,000.01- $25,000,000.00 $5,000.00 .0002 77 11.2% $385,000 $25,000,000.01 + $10,000.00 - 68 19.8% $680,000 Total General Business Category > 9,207 100% $3,438,900 www.MuniServices.com 0 Page 11 Preliminary Draft Business Tax Survey Background The City of Costa Mesa is interested in identifying the "best practices" utilized by other local agencies that administer and collect a business tax. MuniServices also examined the business tax programs established in surrounding municipalities. The selection criteria exclusively focused on Cities with a business tax established for revenue generation. MuniServices assembled information on tax rates and general practices employed in the following cities: ■ Huntington Beach ■ Irvine ■ Newport Beach ■ Orange ■ Santa Ana Data Procurement Process To obtain the information necessary to generate this report, MuniServices makes use of a variety of resources and data. This included a series of telephone interviews with the City's business tax department, ordinance reviews, and examination of business tax data contained in MuniServices' data warehouse. Data Validation To the extent possible, MuniServices validated the data it used to create this report. In some instances, MuniServices used information supplied by third parties or obtained the information directly from the City by conducting a telephone interview. Study Background Simply stated, at this phase of the project MuniServices surveyed and analyzed the business taxes utilized by other local agencies to identify "best practices." The City of Costa Mesa selected cities based on proximity and those with a comparable population. MuniServices surveyed these taxation authorities in an attempt to understand their current processes and taxation methods. www.MuniServices.com 4 Page 12 Preliminary Draft Data Procurement Data Validation www.MuniServices.com 4 Page 13 Preliminary Draft Business Tax by Municipality Method of Taxation Business Tax: Yearly Averages Costa Mesa GROSS RECEIPTS EMPLOYEE NUMBE OF UNITS I F LAT MAXIMUM TAX X Yes = $200 I X 11,712 Costa Mesa Huntington Beach I X I X X No Irvine I 0.69% I X Yes = $50 Newport Beach I X I X X Yes = $777 -or- $1,555 Orange I X 1.36% I X N Santa Ana X 4.69% I X N Business Tax: Yearly Averages Costa Mesa ANNUAL REVENUE $879,952 % OF •A 01 ACCOUNTSFUND AVERAGE 0.75% 11,712 $75.13 Huntington Beach $2,241,246 1.23% 21,118 $106.13 Irvine $965,696 0.69% 18,432 $52.39 Newport Beach $4,056,034 2.68% 16,773 $241.82 Orange $2,177,936 1.36% 21,848 $99.69 Santa Ana $9,848,692 4.69% 28,114 $350.31 City Demographics: Average Population Costa Mesa Huntington Beach Irvine I 110,150 I $7.99 190.380 $11.77 219,160 $4.41 Newport Beach 85,380 $47.51 Orange 136,990 $15.90 Santa Ana I 325,230 I $30.28 www.MuniServices.com 6 Page 14 Preliminary Draft Sales Tax Comparison 1 (Revenue Generated by Economic Category) Sales Tax Comparison 2 (Total Number of Accounts by Economic Category) FCpatego Costa Mesa Huntington lrv*nt- Newport F6"� Santa Ana General Retail Costa Mesa Beach Irvine Beach OrangeECate.gory 3,146 General Retail 49.4% 23.2% 24.9% 29.2% 18.8% 24.9% Food Products 13.9% 20.7% 15.5% 26.0% 14.8% 16.4% Transportation 22.8% 27.2% 20.6% 27.6% 22.7% 25.7% Construction 3.8% 7.1% 5.4% 0.9% 8.9% 11.2% Business to 9.1% 21.1% 32.2% 15.4% 33.9% 20.7% Business 12,121 81440 8,365 4,917 6,062 9,140 Miscellaneous 1.1% 0.6% 1.5% 1.0% 0.9% 1.1% Sales Tax Comparison 2 (Total Number of Accounts by Economic Category) FCpatego Costa Mesa tington Beach lrv*nt- wport Rp;;rh F6"� Santa Ana General Retail 6,586 3,933 3,178 2,566 2,249 3,146 Food Products 831 963 1,097 652 910 1,509 Transportation 798 622 345 169 606 1,002 Construction 271 238 235 91 262 388 Business to Business 2,029 1,831 2,935 1,001 1,592 2,186 Miscellaneous 1,606 853 575 438 443 909 TOTAL > 12,121 81440 8,365 4,917 6,062 9,140 www.MuniServices.com 40 Page 15 i Preliminary Draft Quick Summary (city comparison) www.MuniServices.com 40 Page 16 i MPM P Gross Receipts • • Gross Employee Employee Gross Receipts Receipts Flat Fee Flat Fee Flat Fee Flat Fee Flat Fee Flat Fee $879,952 $2,241,246 $965,696 $4,056,034 $2,177,936 $9,848,692 11,712 21,118 18,432 16,773 21,848 28,114 110,150 190,380 219,160 85,380 136,990 325,230 Flat Rate of 10% per 10% of the $25 for each 10% Per 25% per month 25% per month month Not to Quarter Late Total Tax Due year the Tax Max. 100% Max. 100% exceed 50% Max. 100% is Past Due Employee Gross Residential Businesses rates vary for Non-compliance Receipts with with Gross In / Out of fee of $50 is Mill Rate Gross Rental Based a Maximum Receipts Town and if added after 3+ Receipt $200 Business on 3 or More under $4000 the business months Business Tax Rental Units Tax pay only $25 has a resale delinquent permit www.MuniServices.com 40 Page 16 i $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 $2,241,246 Huntington Beach ■ Costa Mesa: $879,952 30,000 25,000 20,000 15,000 10,000 5,000 0 21,118 Preliminary Draft City Comparison - Business Tax Revenue: Yearly Average $9,848,692 $4,056,034 $2,177,936 65,696 Irvine Newport Beach Orange Santa Ana City Comparison - Number of Business Tax Accounts: Yearly Average Huntington Beach ■ Costa Mesa: 11,712 www.MuniServices.com 18,432 16,773 Irvine Newport Beach 6 Orange Santa Ana Page 17 $400 - $350 $300 - $250 $200 $150 $100 $50 $0 $50 $40 $30 $20 $10 $0 City Comparison - Average Business Tax Paid Preliminary Draft $350 Huntington Beach Irvine Newport Beach Orange Santa Ana ■ Costa Mesa: $75 $12 Huntington Beach ■ Costa Mesa: $8 City Comparison - Average Business Tax Per Capita $48 $16 Irvine Newport Beach Orange $30 Santa Ana www.MuniServices.com 40 Page 18 i Municipality Overview The City of Huntington Beach Preliminary Draft Located in Orange County, the City of Huntington Beach is approximately 7 miles from the City of Costa and was incorporated in 1909. On average there are 21,000 business tax accounts issued by the City with approximately $2.2 million in total annual revenue. The City collects a business license tax for doing business within the city limits and is solely to raise revenue for municipal purposes. The annual business tax renewal period is based on the start date of the individual business. For example, a business that begins operations in 10/01/2008 would expire on 09/30/2009. A penalty rate of 10% of the tax is applied to any business that operates without first obtaining a Business License or which fails to pay their renewal fee by the due date. The primary two methods of taxation used in the City of Huntington Beach are the flat or minimum business tax with a variable rate that is based on the average number of employees. Typically, for businesses that operate with 3 or less employees would only pay the base or minimum $75 business tax. For this reason, Huntington Beach often refers to their business tax as a "flat tax." Flat rate rates also apply to businesses without a fixed location in the City and special event or temporary activities conducted in the City like swap meets and auctions. General contractors without a fixed place of business within the City pay a slightly higher flat rate than the businesses that operate within the jurisdiction. The following types of businesses are exempt from obtaining a business tax license in the City of Huntington Beach: • Charitable, Non -Profit, and Religious Organizations • Businesses that are regulated by the Interstate Commerce Commission • Disabled Veterans • Real Estate Agents (where a Broker holds their license issued by the California Department of Real Estate) www.MuniServices.com 40 Page 19 i Preliminary Draft The primary business tax rate schedule for the City of Huntington Beach is shown in the table below. GENERAL BUSINESS Includes - Abstractor of Titles, Accountant, Accounting Service, Advertising Agent, Agricultural Advisor or Counselor, Appraiser, Architect, Assayer, Attorney, Auctioneer, Auditor, Bacteriologist, Bail Bond Broker, Barber Shop, Beauty Shop, Business Management Consultant, Certified Public Accountant, Chemical Engineer, Chemical Engineer, Chemist, Child Nurseries (9 children or more), Chiropodist, Chiropractor, Civil Engineer, Claim Adjuster, Construction Engineer, Consulting Engineer, Dancing Academy, Dealers in Stocks and other Securities, Dental Laboratory, Dentist, Designer, Detective Agency, Draftsman, Drugless Practitioner, Electrical Engineer, Electrologist, Employment Agency, Fine Arts or Music School, Geologist, Herbalist, Industrial Relations Consultant, Insurance Adjuster, Interior Decorator, Investment Counselor, Labor Relations Consultant, Landscape Architect, Lapidary, Mechanical Engineer, Mortician, Naturopath, Oculist, Optician, Optometrist, Oral Surgeon, Orchard Care, Osteopath Physician, Physician, Private Home for the Aged (7 persons or more), Real Estate Broker, Real Estate Office, Surgeon, Surveyor, Taxidermist, Trade or Business School, Tree Remover, Tree Trimming, and Veterinarian. OUT OF CITY CONTRACTORS General Engineering and/or General Building Contractor Specialty, Subcontractor, or Other $75.00 First ( +$4.0 + $3.00 per employee (13 to 52 employees) + $2.00 per employee (53 or more employees) - 7 $142.50 Annual Fee $90.00 Annual Fee www.MuniServices.com 40 Page 20 i Preliminary Draft The City of Irvine Located in Orange County, the City of Irvine is approximately 10 miles from the City of Costa and was incorporated in 1971. On average there are 18,000 business tax accounts issued by the City with approximately $970,000 in total annual revenue. The annual business tax renewal period take place on a calendar year basis. The business tax license or certificate is valid from January 1St and expires on December 31St of that same year. All home and commercial based businesses are taxed on a flat $50 rate; however, businesses with annual gross receipts of less than $4,000 pay a flat $25 tax. Irvine has the lowest average business tax of all the Cities surveyed followed by Costa Mesa Over 75 large corporations are headquartered in the City of Irvine and each pay a $50 flat business tax rate. These include well-known companies like Broadcom, In -N -Out Burgers, Gateway, Mazda Motor Company of North American, Taco Bell, Verizon Wireless, and Western Digital. The primary business tax rate schedule for the City of Irvine is shown in the table below. www.MuniServices.com 40 Page 21 i Preliminary Draft SWPO v > "4Z IFUVIL The City of Newport Beach The City of Newport Beach is approximately 3 miles from the City of Costa and was incorporated in 1906. On average there are 16,700 business tax accounts issued by the City with approximately $4.0 million in total annual revenue. The City collects a business license tax solely to raise revenue for municipal purposes. The annual business tax renewal period is based on the start date or "anniversary date" from when the license was first issued. A penalty rate of 25% of the tax is applied to any business that operates without first obtaining a Business License or which fails to pay their renewal fee by the due date. Penalties are not to exceed 100% of the taxes due. The City of Newport Beach requires a base tax for all businesses operating in the City. Depending on where the business operates the base rates will vary. The base tax is adjusted annually by use of the Consumer Price Index (CPI). In addition to the base rate, In -Town businesses operating at a commercial location will also pay a variable rate that is based on the total number of W2 employees. Newport Beach has a two-tiered "per employee" rate that is coupled with the collection of sales tax within the City limits. Businesses that do not collect and remit sales tax in Newport Beach pay a higher per employee rate than businesses that have an active sales tax permit with the State. There is a maximum tax or cap for all business operating at a commercial location within the City limits. The maximum tax is also dependent on the business collecting and remitting sales tax within the jurisdiction. Businesses that hold a sellers (resale) permit with the State Board of Equalization and operate from a commercial location within the City pay a maximum business tax of $777, compared to $1,555 for those businesses with no sales tax activity. Out of Town and residential (home based) businesses pay only the base tax. In addition, the City charges a base tax for any business using a City of Newport Beach address or Post Office box to receive business related mail. The primary business tax rate schedule for the City of Newport Beach is shown in the table below. Residential (Home Based) $144.00 N/A N/A Out -of -Town Based $233.00 N/A N/A Post Office Box / Mail Receiving Agency $155.00 N/A N/A www.MuniServices.com 40 Page 22 i Preliminary Draft The City of Orange The City of Orange is approximately 12 miles from the City of Costa and was incorporated in 1888. On average there are 21,800 business tax accounts issued by the City with approximately $2.2 million in total annual revenue. The City collects a business license tax solely to raise revenue for municipal purposes. The annual business tax renewal period is based on the start date of the individual business. The City of Orange requires all businesses conducting business within the City limits to obtain an annual business license. The business tax in the City of Orange is primarily based on gross receipts; however, there are some businesses taxed at a flat rate. Gross Receipt business tax rates are based on a predefined scale or table, where tax rates are defined in a tiered range of gross receipts. The table driven "stepped gross receipts" calculations utilized by Orange is one of the more common methods used to perform receipts calculations. If a business or person engages in the same activity in two or more locations in the City of Orange, each location or entity is taxed separately. Every person or businesses conducting business from a fixed place of business is taxed under the general business gross receipts rate unless a separate category or classification has been established for that business. There is a $46 non-refundable processing fee for every new license issued by the City. The primary business tax rate schedule for the City of Orange is shown in the table below. Retail Sales / General Business Defined as any person conducting, managing or carrying on the business consisting mainly of selling at retail any goods or conducting and maintaining a recreation park or amusement center under one general management, or conducting, managing or carrying on any trade, occupation, calling or business not otherwise specifically taxed by other sections. $35.00 VariableTax First $30,000 of Gross Receipts (Minimum Tax) $50.00 Over $30,000, less than $50,000 of Gross Receipts $75.00 Over $50,000, less than $75,000 of Gross Receipts $100.00 Over $75,000, less than $100,000 of Gross Receipts $125.00 Over $100,000, less than $150,000 of Gross Receipts $135.00 Over $150,000, less than $200,000 of Gross Receipts $155.00 Over $200,000, less than $300,000 of Gross Receipts $175.00 Over $300,000, less than $400,000 of Gross Receipts $195.00 Over $400,000, less than $500,000 of Gross Receipts +$20.00 For each additional $100,000 or fraction over $500,000 www.MuniServices.com 40 Page 23 i Preliminary Draft Professionals Defined as any every person who engages in any business of a professional nature within the City, where the principal business activity is the furnishing of services. $35.00 First $20,000 of Gross Receipts (Minimum Tax) $50.00 Over $20,000, less than $40,000 of Gross Receipts $65.00 Over $40,000, less than $60,000 of Gross Receipts $80.00 Over $60,000, less than $100,000 of Gross Receipts +$15.00 For each additional $25,000 or fraction over $100,000 Wholesale Business Defined as any business conducting, managing or carrying on the business consisting mainly of manufacturing, packing, processing, storing, warehousing, or selling at wholesale any goods, wares, merchandise or produce. $25.00 First $25,000 of Gross Receipts (Minimum Tax) $60.00 $25,001 to $100,000 of Gross Receipts $75.00 $100,001 to $200,000 of Gross Receipts $100.00 $200,001 to $300,000 of Gross Receipts $125.00 $300,001 to $400,000 of Gross Receipts $150.00 $400,001 to $500,000 of Gross Receipts $200.00 $500,001 to $1,000,000 of Gross Receipts $250.00 $1,000,001 to $2,000,000 of Gross Receipts $300.00 $2,000,001 to $3,000,000 of Gross Receipts +$50.00 For each additional $100,000 or fraction over $5,000,000 www.MuniServices.com 40 Page 24 i Preliminary Draft N The City of Santa Ana The City of Santa Ana is approximately 15 miles northeast of Coast Mesa and was incorporated in 1886. Santa Ana is the largest of the Cities surveyed in terms of the number of registered businesses and population. On average there are 28,000 business tax accounts issued by the City with approximately $9.8 million in total annual revenue. Business taxes in Santa Ana are solely to raise revenues for municipal purposes. The annual business tax renewal period takes place on a calendar year basis. The business tax license or certificate is valid from January 1st and expires on December 31St of that same year. The business tax in Santa Ana is primarily based on gross receipts. Gross Receipt business tax rates are calculated on a standard mill rate or percentage approach. Gross Receipt tax rates are established in a predefined scale, where the tax mill rates are defined in a tiered range of gross receipts. Gross receipts are simply multiplied by the determined tax rate in order to arrive at the tax amount due. The mill rate or percentage decreases as Gross Receipts increase. There is no cap on business tax once the lowest mill rate is reached. Flat rate rates apply to businesses without a fixed location in the City and special event or temporary activities conducted in the City like swap meets and auctions. There is a $29 non-refundable registration fee for every new license issued by the City. The primary business tax rate schedule for the City of Santa Ana is shown in the table below. Category 2 Defined as Manufacturing, Processing Wholesale Business, Sales at Wholesale, Sales of Gasoline and Motor Fuels, and Telephone Company Services $117.00 + $0.59 per $1,000 up to $195,000 in Gross $117.00 + $0.49 per $1,000 up to $585,000 in Gross $117.00 + $0.39 per $1,000 up to $1,170,000 in Gross $117.00 + $0.29 per $1,000 up to $1,950,000 + in Gross $117.00 + $0.20 per $1,000 up to $1,950,000 + in Gross www.MuniServices.com 40 Page 25 i