Credit card transaction fees: tax payments: Consumer Inflation Reduction and Tax Fairness Act.
What changed between versions
Removed the provision imposing a civil penalty of $1,000 per electronic payment transaction on any entity that violates the act, along with the requirement to refund the merchant the amount of any interchange fee calculated on the tax or gratuity portion.
Added a new enforcement mechanism under Section 100056 that allows violations to be pursued under the Unfair Competition Law (Business and Professions Code Section 17200 et seq.) only when a person or entity 'knowingly engages in a pattern or practice' of assessing interchange fees on tax or gratuity portions. Courts must consider whether the entity had control over the data, took reasonable compliance steps, and whether errors resulted from merchant or point-of-sale vendor mistakes.
Changed the definition of 'Tax' from an open list ('includes, but is not limited to') to a closed list ('includes the following'), meaning only the nine specifically enumerated tax laws (Sales and Use Tax, Bradley-Burns Local Sales and Use Tax, Transactions and Use Tax, Motor Vehicle Fuel Tax, Use Fuel Tax, Cigarette and Tobacco Products Tax, Alcoholic Beverage Tax, Cannabis Tax, and Diesel Fuel Tax) qualify for the interchange fee exclusion.
Renumbered definitions in Section 100053 from (h) through (p) to (g) through (o), likely reflecting a consolidation or removal of a definition elsewhere in the bill. Also introduced a minor typo in the summary changing 'a issuer' to 'a an issuer'.