1 BEFORE THE CALIFORNIA STATE BOARD OF EQUALIZATION 2 450 N STREET 3 SACRAMENTO, CALIFORNIA 4 5 6 7 REPORTER'S TRANSCRIPT 8 AUGUST 30, 2016 9 10 11 12 ITEM F 13 PUBLIC HEARING 14 F1 15 PROPOSED AMENDMENTS TO SALES AND USE TAX 16 REGULATION 1702.5, RESPONSIBLE PERSON LIABILITY 17 18 19 20 21 22 23 24 25 26 27 REPORTED BY: Kathleen Skidgel 28 CSR NO. 9039 1 1 P R E S E N T 2 3 For the Board of Equalization: Fiona Ma, CPA 4 Chairwoman 5 Diane L. Harkey Vice Chair 6 Jerome E. Horton 7 Member 8 Sen. George Runner (Ret.) Member 9 Yvette Stowers 10 Appearing for Betty T. Yee, State Controller 11 (per Government Code Section 7.9) 12 Joann Richmond 13 Chief Board Proceedings 14 Division 15 For Staff: Christine Bisauta Castillo Tax Counsel III 16 Legal Department 17 Bradley Heller Tax Counsel IV 18 Legal Department 19 ---oOo--- 20 21 22 23 24 25 26 27 28 2 1 450 N STREET 2 SACRAMENTO, CALIFORNIA 3 AUGUST 30, 2016 4 ---oOo--- 5 MS. MA: The meeting of the Board of 6 Equalization is now hereby convened. 7 Ms. Richmond, please introduce our next 8 item. 9 MS. RICHMOND: So our next item is Item F 10 Public Hearing; Item F1 Proposed Amendments to Sales 11 and Use Tax Regulation 1702.5, Responsible Person 12 Liability. 13 MS. BISAUTA CASTILLO: Good afternoon, 14 Chairwoman Ma and Members of the Board. I'm 15 Christine Bisauta Castillo from the Board's Legal 16 Department, and next to me is Bradley Heller who's 17 also from the Board's Legal Department. 18 We are here to request that the Board vote 19 to adopt the proposed amendments to Regulation 20 1702.5, Responsible Person Liability. 21 The proposed amendments provide 22 clarification and guidance regarding the 23 requirements for imposing personal liability. 24 The proposed amendments require staff to 25 have evidence to satisfy those requirements before 26 issuing a Notice of Determination. 27 And finally, the proposed amendments ensure 28 that staff's efforts in pursuing personal liability 3 1 are more focused on those persons whom prior 2 experience has shown are generally found to be 3 personally liable based on the evidence. 4 MR. HORTON: Move adoption of staff 5 recommendation. 6 MR. RUNNER: Second. 7 MS. MA: Okay. Mr. Horton moves staff 8 recommendation. Mr. Runner seconds. 9 Without objection, motion carries. 10 ---oOo--- 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 1 REPORTER'S CERTIFICATE 2 3 State of California ) 4 ) ss 5 County of Sacramento ) 6 7 I, Kathleen Skidgel, Hearing Reporter for 8 the California State Board of Equalization certify 9 that on August 30, 2016 I recorded verbatim, in 10 shorthand, to the best of my ability, the 11 proceedings in the above-entitled hearing; that I 12 transcribed the shorthand writing into typewriting; 13 and that the preceding pages 1 through 4 constitute 14 a complete and accurate transcription of the 15 shorthand writing. 16 17 Dated: September 6, 2016 18 19 20 ____________________________ 21 KATHLEEN SKIDGEL, CSR #9039 22 Hearing Reporter 23 24 25 26 27 28 5