Acceptance and Use of Electronic Payments for State Taxes and Fees

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    Prepared for:

    The Council of State Governments

    Financial Services Working Group

    April 25, 2007

    ELECTRONIC PAYMENT

    for State Taxes and Fees

    Acceptance and Use of

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    Prepared for:

    The Council of State Governments

    Financial Services Working Group

    April 25, 2007

    ELECTRONIC PAYMEN

    for State Taxes and Fees

    Acceptance and Use ofDwight V. DenisonMerl M. Hackbart

    Juita-Eleana (Wie) Yusuf 

    Jay H. Song

    University of Kentucky

    Martin School for Public Policy and Administration419 Patterson Office Tower ß  Lexington, KY 40506

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    The Council of State Governments—Financial Services Working Group

    Foreword and AcknowledgementsWe would like to acknowledge the members of the Study Advisory Committee who were helpful in identifying

    the key issues for examination and in developing the electronic payments survey questionnaire. Our thanks also

    extend to CSG staff, especially Sujit CanagaRetna, for their assistance during this project.

    Members of the Study Advisory Committee were:

    ß  Mr. Kenyatta Chandler (former Manager of ePayment Services, Revenue Management Department, Ohio)

    ß  Mr. Robert Tetz (Department of General Services, California)

    ß  Mr. Dennis Colling (Chief Administrator, Administrative Services, Department of Motor Vehicles, Nevada)

    ß  Mr. Billy Hamilton (Deputy Comptroller, Executive Administration, Texas)

    ß  Mr. Terry Straub (Division of Treasury, Department of Financial Services, Florida)

    ß  Mr. Andrew Chang (Chief Deputy Director, Department of General Services, California)

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    Acceptance and Use of Electronic Payments for State Taxes and Fees

    Foreword and Acknowledgements.......................................................................................................................... ii

    Executive Summary ...............................................................................................................................................1

    Chapter 1: Introduction and Overview ..............................................................................................................3  1.1 Research Objective ............ ............... .............. .............. .............. .............. .............. .............. ..............3

      1.2 Research Approach ............ ............... .............. .............. .............. .............. .............. .............. ..............4

      1.3 Report Structure ............. .............. .............. .............. .............. ............... .............. .............. .............. ....4

    Chapter 2: Evolution of Payments and Growth in E-payments ......................................................................5  2.1 Evolution of Payments .............. ............... .............. .............. .............. .............. .............. ............... ......5

      2.2 Growth in E-payments .............. ............... .............. .............. .............. .............. .............. ............... ......5

      2.3 Non-cash Payment Instruments ............... .............. .............. .............. .............. ............... .............. ......6

    Chapter 3: Electronic Payment of Government Taxes and Fees ......................................................................9  3.1 Benefits and Costs to State Governments of Accepting Electronic Payments...................... ..............9

      3.2 Credit Card Payments for Government Services ............... .............. .............. .............. .............. .......10

    Chapter 4: Findings of Previous Studies on Government Tax and Fee Electronic Payments .................... 13  4.1 Overview of Previous Studies ............. .............. .............. .............. ............... .............. .............. .........13

      4.2 How Extensive is the Acceptance and Use of Credit Card Payment for Taxes and Fees? ............. ..14  4.3 What Taxes or Fees Can be (and Are) Paid by Credit Card? ............. .............. ............... .............. ....15

      4.4 Why Should Government Agencies Allow Payment of Taxes and Fees by Credit Card? ............... .15

      4.5 Who Pays the Transaction Fees Associated with Credit Card Payments? How are they Paid? .......17

      4.6 What is Required for State Agencies to Accept Credit Card Payments? .............. .............. ..............19

    Chapter 5: State Taxes and Fees E-payment Survey Findings.......................................................................21  5.1 Survey Overview and Methodology ............ ............... .............. .............. .............. .............. ..............21

      5.2 Acceptance and Use of Electronic Payments ............ ............... .............. .............. .............. ..............22

      5.3 Benefits of and Challenges to Accepting Electronic Payments .............. .............. .............. ..............23

      5.4 Electronic Payment Policies and Practices .............. .............. .............. ............... .............. .............. ..26

    Chapter 6: Summary and Conclusions ............................................................................................................31

      Endnotes .............. .............. ............... .............. .............. .............. .............. .............. .............. ............33  References ............... .............. .............. .............. .............. .............. ............... .............. .............. .........34

    Appendix A: Survey Instrument .........................................................................................................................35

    Table of Contents

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    v  The Council of State Governments—Financial Services Working Group

    List of FiguresFigure 2.1 Number of Credit and Debit Card Transactions in the U.S. (in millions), 2001–2005 .............. ........6

    Figure 2.2 Dollar value of Credit and Debit Card Transactions in the U.S. (in $ billions), 2001–2005 ............. .6

    Figure 2.3 Number of Credit and Debit Cards in the U.S. (in millions), 2001–2005 ............... .............. .............7

    Figure 3.1 Two Primary Credit Card Payment Systems for Government Agencies .............. .............. ..............11

    Figure 4.1 Responsible Party for Paying Fees Associated with Tax Payments ............. .............. .............. .........16

    Figure 4.2 Citizen Willingness to Pay for On-line Government Services .............. .............. .............. .............. ..18

    Figure 5.1 States that Responded to the E-payments Survey .............. .............. .............. .............. .............. .......22

    Figure 5.2 Form of Electronic Payments Accepted for State Taxes ............. .............. ............... .............. ...........23

    Figure 5.3 Initial Acceptance of Credit or Debit Card for Tax or Fee Payment ............. .............. .............. .......24

    Figure 5.4 Average Credit Card Payment Transaction Amounts by Tax Category .............. .............. .............. ..26

    Figure 5.5 Average Debit Card Payment Transaction Amounts by Tax Category ............ ............... .............. ....26

    Figure 5.6 Fees Paid by States for Accepting Credit Card Payments ............. .............. .............. .............. .........27

    Figure 5.7 Criteria Cited by States as Basis for Awarding Third-Party Provider Contracts .............. .............. ..27

    Figure 5.8 States’ Satisfaction with Existing Credit Card Payment Programs ............. .............. .............. .........28

    Figure 5.9 States’ Perceptions of Taxpayer Willingness to Pay Convenience Fees

    or Transaction Surcharges .................................................................................................................28

    List of TablesTable 2.1 Growth in Electronic Payment Transactions .............. .............. .............. .............. .............. ............... .7

    Table 3.1 Transaction Fees by Payment Channels and Payment Types ............ ............... .............. .............. ....10

    Table 4.1 Trends in Credit Card Payments of Federal Income Taxes .............. .............. .............. ............... ......14

    Table 4.2 Credit Card Payment Transactions for State Taxes and Fees............... .............. .............. .............. ...19

    Table 5.1 Forms of Electronic Payments Accepted for State Fees ............. .............. ............... .............. ...........22Table 5.2 Percent of Tax Payment Dollar Volume by Different Payment Options ............. .............. .............. ..23

    Table 5.3 Percent of Tax Payment Transactions Made by Different Payment Options ............. .............. .........23

    Table 5.4 Credit or Debit Card Acceptance by Tax Category ............. .............. ............... .............. .............. ....24

    Table 5.5 Accepted Methods of Credit Card Payment ............... .............. .............. .............. .............. ..............24

    Table 5.6 Reasons for States’ Accepting Electronic Payments .............. ............... .............. .............. .............. ..25

    Table 5.7 Cost Savings Realized from Accepting Credit and Debit Cards, by Tax Type ............ ............... ......25

    Table 5.8 Breakdown of Net Savings from Credit and Debit Card Acceptance .............. ............... .............. ....25

    Table 5.9 Reasons for Not Accepting Debit Cards for Payment of Taxes and Fees ............. .............. ..............25

    Table 5.10 Required Initial and Annual Investments in Infrastructure, Marketing, Staffing

    and Training: Examples from Three States.......................................................................................27Table 5.11 States’ Use of Convenience Fees or Transaction Surcharges ............ ............... .............. .............. ....28

    Table 5.12 States’ Use of Third-Party Provider by Tax Type .............. .............. .............. .............. .............. .......28

    Table 5.13 Proposed Changes to Credit and Debit Card Policies or Procedures .............. ............... .............. ....29

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    Acceptance and Use of Electronic Payments for State Taxes and Fees

    In fact, the economy-wide shift towards electronic

    payments continues to gain momentum. In December

    2003, the Federal Reserve announced that e-payment

    transactions had, for the first time, exceeded the num-

    ber of check payments (NECCC 2005). For the year

    2003, e-payment transactions (credit cards, debit cards,

    and ACH transactions) totaled 44.5 billion, compared

    to 36.7 billion check transactions. In 2000, research by

    the Federal Reserve showed check payments exceeding

    electronic transactions by 42 billion to 31 billion. Thischange represents an average annual growth rate for

    electronic payments of 13.2% from 2000 to 2003. For

    the same time period, the use of checks for non-cash

    payments declined by 4.3% annually. Also, according

    to statistics published by the National Automated Clear-

    ing House Association (NACHA 2005), the distribution

    of payment transactions in the U.S. has shifted over the

    past 20 years, from 96% checks and 4% electronic to

    49% check and 51% electronic. Electronic payments

    through ACH increased 14.5% from 2005 to 2006 to

    slightly under 16 billion transactions.

    Given these national trends, the principal purpose ofthis study was to determine current state government

    acceptance and use of electronic tax and fee payments.

    Related purposes included an analysis of policies and

    procedures implemented by the states to more effec-

    tively facilitate and manage electronic payment pro-

    cesses. Among such policies are alternative ways of

    financing transactions fees associated with electronic

    payments and policies designed to encourage electron-

    ic tax and fee payments. Such information is useful to

    state policy makers who might be considering changes

    in their states’ policy regarding the acceptance of elec-

    tronic payments and/or initiating new programs and

    activities to encourage

    greater use of electronic

    payment processes and

    mechanisms.

    Among the findings of

    this study were first that

    citizens will take advan-

    tage of electronic pay-

    ment options if state gov-

    ernment agencies accept

    electronic payments and

    establish policies and pro-

    cedures which encourage

    and facilitate such pay-

    ments. Citizens appreciate

    the convenience, flexibil-

    ity (including credit card

    payments to meet time-

    lines of tax payments),

    security, and efficiency

    of these payment options.

    Second, there are major financial management benefitsfor states associated with accepting electronic payments

    including reducing processing costs, accelerating funds

    availability and reducing delinquent payments. Third, a

    potential barrier to expansion of electronic payments is

    managing the transactions costs associated with such

    payments. Currently, states have two principal options

    for addressing the issue of transaction fees including

    direct state payment for such fees or passing the fees

    to taxpayers via a convenience fee or surcharge (direct-

    ly or through a third party). In addressing this issue,

    states may make the distinction between “required”

    payments such as taxes and payments for services. Be-

    Executive Summary

    Results of a 50-state survey s

    that states are becoming increa

    supportive of the use of electronic

    for the receipt of payments from ci

    Rapidly expanding proportions of retail- and business-related

    payments, traditionally made by cash and check, are now be-

    ing made electronically through Automated Clearing House

    (ACH) or using credit or debit cards. Increasingly, the shift to

    electronic payments is also occurring in the public sector.

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    The Council of State Governments—Financial Services Working Group

    cause states are typically required to collect 100% of

    the taxes owed, electronic transactions fees may have

    to be paid by the taxpayer while fees for services (such

    as licenses and registrations of various types) may be

    absorbed by the respective state agency. Innovative ap-

    proaches to dealing with this important issue are sum-

    marized in this report.

    Following a review of previous federal, state and lo-

    cal government studies of electronic tax and fee pay-

    ments, the research team administered a 50 state study

    of current state policies and practices regarding elec-

    tronic tax and fee payments with the support and assis-

    tance of CSG staff and an advisory committee. Among

    the findings of the survey, responded to by 37 states,

    are the following:

    ß  ACH was the most commonly used electronic

    payment option for business-related taxes while

    credit cards were the most commonly used elec-

    tronic means for individual income tax payments

    as well as licenses or permits.

    ß  Of the responding states, 95% indicated that they

    provided citizens the option of paying some form

    of state taxes or fees with a credit card while 54%

    permitted debit card payments.

    ß The major reasons cited for accepting electronic

    payments were to expedite fund deposits and to

    reduce the time it takes for funds to be available,

    and to reduce the costs of collecting and process-

    ing payments.

    ß Cost savings were identified as the major reason

    for accepting payment by credit or debit cards al-

    though estimated cost savings varied considerably

    among the states that responded to this inquiry.

    ß  Issues surrounding the payment of transactions

    fees were one of the major challenges to accept-

    ing or expanding the use of electronic payments.

    ß  The study indicated a high degree of satisfaction

    with electronic payments by the states responding

    to this study.

    These and other results of this study are summarized

    in the various sections of this report. It appears that

    states, like private businesses are becoming increasing-

    ly supportive of the use of electronic media for the re-

    ceipt of payments from citizens. This trend is supportedby citizens as well as state governments as they im-

    prove the efficiency of the collection and accountabili-

    ty associated with the various sources of state revenues.

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    Acceptance and Use of Electronic Payments for State Taxes and Fees

    One way to maximize net revenues is to enhance the

    efficiency of tax and revenue collection. Such efficien-

    cy can be enhanced by reducing the cost of collecting

    and processing payments and/or ensuring that all rev-

    enues are collected. Revenues can also be enhanced by

    processing funds into interest-bearing accounts sooner

    to maximize investment revenue.

    Many government organizations are attempting to

    meet these financial management goals by taking ad-vantage of the digital revolution, moving away from

    traditional collections and processing structures based

    on cash and check payments toward electronic-based

    payments using such means as ACH, credit cards and

    debit cards. Over the past decade or so, many govern-

    ment agencies have allowed businesses and individuals

    to pay their taxes and government fees electronically

    using ACH. Today, many states are providing taxpay-

    ers with expanded options for paying for government

    services, taxes and fees using credit or debit cards as

    well as other electronic means.

    For decades citizens have been using cash and

    checks to pay taxes and user fees or to reimburse states

    for services. More recently, as credit card acceptance

    has become virtually universal as a payment method

    within the private sector, state and local governments

    have also begun to accept credit card payments for ser-

    vices, taxes, and fees. Both governments and citizens

    have encouraged policy changes that permit greater ac-

    ceptance of credit card payments by government agen-

    cies and encourage the use of credit cards by citizens

    for tax and fee payments.

    Studies suggest that citizens and businesses realize

    the benefits associated with electronic payments for

    products and services includ-

    ing the convenience and safe-

    ty of such transactions. At the

    same time, governments, like

    businesses, are beginning to

    perceive the benefits associ-

    ated with receiving revenues

    electronically. Such benefits

    include: (1) reduced trans-action processing costs, (2)

    more immediate receipt and

    recording of revenue receipts,

    and (3) greater transparency

    and enhanced payment trails

    which can facilitate auditing

    and payment verification.

    1.1 Research Objective

    There is little empirical evidence, other than anec-

    dotal comments and suggestions, of the benefits that

    governments actually realize from accepting electronictax and fee payments. As a result, states are making pol-

    icy decisions to accept or encourage expansion of elec-

    tronic tax payments (particularly taxpayer credit card

    payments) without the benefit of broad-based informa-

    tion about state experiences with credit cards and other

    forms of electronic payments. Therefore, the purpose

    of this research was to examine the use of electronic

    payments—particularly credit and debit cards—for the

    payment of state taxes and fees and to obtain evidence

    regarding the advantages and disadvantages of elec-

    tronic payments. Specifically, the goal was to assess

    current and future state policies and practices regarding

    Chapter 1

    Introduction and Overview

    As credit card acceptance has b

    virtually universal as a pa

    method within the private

    state and local governments ha

    begun to accept credit card pay

    for services, taxes an

    As states face what Osborne and Hutchinson (2004) call a “per-

    manent scal crisis,” cash-strapped state governments are fo-

    cusing on becoming more and more aggressive in searching

    for ways to maximize revenues without raising taxes.

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    The Council of State Governments—Financial Services Working Group

    the use of electronic payments for state taxes and fees,

    along with financial implications for states of accepting

    electronic payment. The five key issues or questions

    addressed in this study regarding government accep-

    tance of credit card payment for taxes and fees were:

    1. How extensive is the acceptance of credit card

    payment for taxes and fees?

    2. What taxes or fees can be (and are) paid by creditcard?

    3. Why should government agencies allow payment

    of taxes and fees by credit card?

    4. Who pays the transaction fees associated with

    credit card payments and how are they paid?

    5. What actions are required for state agencies to ac-

    cept credit card payments.

    1.2 Research Approach

    To answer the five questions discussed above, a two-

    phased research approach was utilized. The first phase,completed in November 2006, involved identifying and

    analyzing previous studies regarding electronic pay-

    ments for taxes and fees to determine trends in elec-

    tronic payment acceptance, use, policies, and practices.

    The second phase involved conducting a survey of the

    50 states to:

    1. Determine acceptance of electronic payments;

    2. Determine current policies and procedures;

    3. Estimate financial implications of electronic pay-

    ments;

    4. Determine best practices regarding e-payments;

    and

    5. Determine policy changes that might enhance use

    of electronic payments

    The survey was initiated in October 2006 and the

    analysis of survey data and compilation of survey find-

    ings were completed in March 2007. Thirty-seven states

    responded to the survey for a response rate of 74%.

    1.3 Report StructureThis report is structured to address the study’s five

    key research questions in the following manner. Chap-

    ter 2 provides an overview and background of payment

    instruments available to consumers for reimbursements

    for private goods and services. It provides a discussion

    of the different payment options, paying particular at-

    tention to different forms of non-cash payment options.

    This is followed by a review of the growth trends in

    electronic payments. Chapter 3 shifts away from the

    consumer market to discuss payment instruments avail-

    able to citizens and taxpayers for reimbursing govern-

    ment agencies for government services. Chapter 4 re-

    views the existing literature regarding electronic pay-

    ment of government taxes and fees, and discusses their

    findings in terms of the extent of acceptance and use of

    credit card payments, benefits to be realized by gov-

    ernment agencies from accepting credit card payments,

    transaction costs associated with credit card payments,

    and challenges to state governments in accepting credit

    card payments. Preliminary findings from the existing

    literature are then strengthened by the findings of the

    national state taxes and fees electronic payment survey.

    This national survey is discussed in Chapter 5 and key

    findings are highlighted in this chapter. Chapter 6 con-

    cludes the report with a summary of the study’s findings.

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    Acceptance and Use of Electronic Payments for State Taxes and Fees

    2.1 Evolution of Payments

    Beginning in the 1950s, credit cards became more

    and more accepted as a payment media, particularly for

    personal travel. The Automated Clearing House (ACH)

     joined the mainstream payment system in the 1970s.

    The ACH network developed in response to the rapid

    growth of check payments, and was perceived to be an

    efficient, electronic alternative to checks. The use ofdebit cards began in the 1980s and has recently gained

    popularity. The most recent electronic payment option

    is the electronic check or e-check, an ACH payment

    option that is used for consumer payments.

    2.2 Growth in E-payments

    As noted, many payments traditionally made by

    cash and check are now being made electronically

    through ACH or by using credit or debit cards. Be-

    tween 2000 and 2003, the use of checks for non-cash

    payments declined by 4.3% annually, while ACH, debitcard and credit card transactions exhibited average an-

    nual increases of 13.4%, 23.5%, and 6.7%, respectively

    (Gerdes et al. 2005). A summary of electronic payment

    transactions for 2000 and 2003 are shown in Table 2.1.

    According to statistics published by the National

    Automated Clearing House Association (NACHA),

    the distribution of payment transactions in the U.S. has

    shifted over the past 20 years, from 96% checks and

    4% electronic to 49% check and 51% electronic. “As

    a general proposition, this evolution from traditional

    methods to electronic alternatives has been mirrored in

    the public sector. However

    … there is still plenty of

    room for continued move-

    ment away from paper

    and towards alternatives”

    (NECCC 2005, p. 1).

    The migration towards

    electronic payments contin-ues to gain momentum in the

    U.S. In December 2003, the

    Federal Reserve announced

    that e-payment transac-

    tions had, for the first time,

    exceeded the number of

    check payments (NECCC

    2005). For the year 2003, e-

    payment transactions (credit

    cards, debit cards, and ACH

    transactions) totaled 44.5

    billion, compared to 36.7

    billion check transactions.In 2000, similar research by

    the Federal Reserve showed

    check payments exceed-

    ing electronic transactions

    by 42 billion to 31 billion.

    This change represents an

    average annual growth rate for electronic payments of

    13.2% from 2000 to 2003, and a corresponding average

    annual decline in check payments of 4.3%. The 44 bil-

    lion electronic payment transactions in 2003 had a dol-

    lar value of $27 trillion, and included consumer, busi-

    Chapter 2

    Evolution of Payments and Growth in E-payments

    The distribution of pa

    transactions in the U.S. has shifte

    the past 20 years, from 96% chec

    4% electronic to 49%

    and 51% elec

    —National Automated Clearing House Association

    In the non-barter world, cash was the dominant form of pay-

    ment for goods and services up to the middle of the 20th cen-

    tury. Paper checks then entered the payment landscape and

    became dominant in the 1960s.

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    The Council of State Governments—Financial Services Working Group

    ness, and government-initiated electronic payments.

    Figures 2.1 and 2.2 show the trends in credit and

    debit card use over the past 5 years. Figure 2.1 sum-

    marizes the number of transactions by credit and debit

    cards from 2001 through 2005. Figure 2.2 summarizes

    the total value of credit and debit card transactions for

    the same period. Combined, they show that while al-

    most equal numbers of card transactions take place for

    credit and debit cards, the total payment value for cred-

    ource: CPSS (2006), Table 7 (p. 157).

    igure 2.1 

    Number of Credit and Debit Card Transactions in the U.S.

    in millions), 2001–2005

    0

    5,000

    0,000

    5,000

    0,000

    5,000

    2001 2002 2003 2004 2005

    ■  Debit card ■ Credit Card

    2001 2002 2003 2004 2005

    ■  Debit card ■ Credit Card

    $0

    $200

    $400

    $600

    $800

    1,000

    1,200

    1,400

    1,600

    1,800

    2,000

    Figure 2.2 

    Dollar Value of Credit and Debit Card Transactions in the U.S.

    in $ billions), 2001–2005

    ource: CPSS (2006), Table 8 (p. 158).

    it card transactions were between two- and three-times

    higher than the value for debit card transactions.

    2.3 Non-cash Payment Instruments

    Until the emergence of electronic payments, cash

    payments accounted for most small transactions and

    checks were used for larger value items and were the

    dominant method for non-cash transactions. However,the use of paper checks is increasingly being replaced

    by electronic payment media, made possible by the

    development of the Automated Clearing House (ACH)

    and e-check, and credit and debit card payment net-

    works. The various non-cash payment instruments and

    trends in their use are briefly discussed next.

    Paper Checks. Paper checks are the most frequently

    used non-cash payment instrument in the U.S., with an

    estimated 42.5 billion checks (valued at $39.3 trillion)

    written during 2000. However, the number of check

    payments and the number of check payments as a share

    of non-cash payments have declined over time, with

    data indicating a decline in check payments since 1995

    (Gerdes & Walton 2002). Over the past decade, private

    and public sector efforts to shift away from paper check

    payments to electronic media, such as ACH and credit

    or debit cards, appear to be gaining ground. The ex-

    pansion of online point-of-sale terminals and the wide-

    spread acceptance of debit and credit cards at retail

    establishments have presented consumers with signifi-

    cant payment alternatives to traditional paper checks.

    The use of checks was further decreased by the Debt

    Collection Improvement Act of 1996 which mandated

    that most federal government payments be made elec-

    tronically starting in 1999. As a result, the U.S. federalgovernment made 262 million check payments in 2000,

    a 40% decline in check volume from the 436 million

    checks the government wrote in 1996 (CPSS 2003).

    Automatic Clearing House (ACH). The ACH net-

    work is a processing and delivery system that provides

    for the distribution and settlement of electronic cred-

    its and debits among financial institutions. It is a batch

    processing, store-and-forward system with transactions

    received by the financial institutions during the day be-

    ing stored and processed later in a batch mode.

    ACH transactions are a common form of electronic

    funds transfer used to make both recurring and non-recurring payments. Depository institutions originated

    6.8 billion ACH transactions during 2000 for them-

    selves and their customers, twice as many as were initi-

    ated during 1995 (CPSS 2003). ACH has typically been

    used for payroll direct deposits, government benefit pay-

    ments, corporate payments to contractors and vendors,

    mortgage and loan payments, insurance premium pay-

    ments, corporate cash concentration transactions, and

    payments to and from the state or federal government.

    Pricing for ACH transactions is typically negotiated

    between the originator and the originating financial

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    Acceptance and Use of Electronic Payments for State Taxes and Fees

    institution. Individual transaction origination and re-

    ceipt fees can vary from $0.029 to $0.10, depending

    on volume and compensating balances (NECCC 2005).

    While the costs of ACH payments compare favorably

    with credit and debit cards and checks, ACH does not

    afford citizens and consumers the same protection fromfraud as are afforded credit card users.

    Total ACH consumer debit volume (both commercial

    and government) increased by 53% between 2000 (2.7

    billion transaction) and 2003 (4.2 billion). This growth

    rate is slightly higher than the overall 45% growth rate

    for ACH volume (6.9 billion in 2000 and 10.0 billion

    in 2003), and also represents just under half of the total

    ACH transaction volume increase (Nelson 2004). NA-

    CHA recently announced, in its Payments 2007 confer-

    ence, that 16.0 billion ACH payments were made in the

    U.S. in 2006, representing a 14.5% increase from 14.0

    billion payment transactions in 2005.1

    Electronic Check (e-check). More recently, elec-tronic checks (e-checks) have become a popular ACH

    transaction. An e-check is an electronic debit to a

    checking account that can be initiated at the point-of-

    sale, on the internet, over the telephone, or via a bill

    remittance sent through the mail. An e-check is pro-

    cessed using the ACH network. If payment has been

    negotiated (i.e. the check is presented for payment),

    the process of changing the paper check document into

    an electronic transaction is referred to as “truncation.”

    Otherwise, the electronic transaction is referred to as

    check “conversion.” Check truncation is covered by

    check law while check conversion is covered by Regu-lation E, which was issued by the Federal Reserve as

    part of the Electronic Funds Transfer Act and contains

    more explicit consumer protection that is stronger than

    the check law (NECCC 2002). ACH operating rules

    limit e-check transactions only to consumer payments.

    Between 2000 and 2003, e-check transactions ac-

    count for nearly all the growth in ACH consumer debit

    volume. The cumulative 1.9 billion consumer debit

    transaction increase from 2000 to 2003 is more than

    accounted for by the 2.0 billion e-check transactions

    over that period (Grant 2004).

     Number of Value of Average Number of Value of Average

      payments payments value payments payments value

    Type of payment (billions) (trillions) of payment (billions) (trillions) of payment 

    ACH 6.1 $18.2 $2,984 8.9 $24.6 $2,766

    Debit card 8.3 $0.3 $42 15.6 $0.6 $40

    Credit card 15.6 $1.3 $82 19.0 $1.7 $89

    Source: Gerdes et al. (2005) from the 2001 and 2004 electronic payment surveys (Dove Consulting 2004).

    2000 2003

    Table 2.1 

    Growth in Electronic Payment Transactions

    Credit Cards. The credit card industry began in

    1914, when Western Union, department stores, oil

    companies and hotels began offering cards for custom-

    ers to pay for their services. Since then, the industry has

    grown rapidly, and consumers today can pay for a wide

    range of goods and services, from major purchases likecars and appliances to everyday requirements like food

    and gasoline.

    Originally, credit cards were used by consumers

    to spread payments on large ticket items. In the mid

    1990s, however, the pattern of credit card use has

    changed such that credit and debit cards are used for

    all types of purchases. This accelerated use of credit

    and debit cards can also be attributed to the rise in mail

    order and internet purchasing.

    Credit cards are the most frequently used electronic

    payment instrument in the U.S. They combine a pay-

    Figure 2.3 

    Number of Credit and Debit Cards in the U.S.

    (in millions), 2001–2005

    Source: CPSS (2006), Table 6 (p. 156).

    2001 2002 2003 2004 200

    ■ Debit card ■  Cred

    0

    200

    400

    600

    800

    1,000

    1,200

    1,400

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    The Council of State Governments—Financial Services Working Group

    ment instrument with a credit arrangement. Bank credit

    cards are generally issued by a bank under a license from

    a national organization, such as Visa or MasterCard,

    and typically involve a revolving credit agreement. In

    addition to bank-issued cards, other credit cards are is-

    sued directly to businesses and consumers such as Dis-

    cover Card, American Express, and limited-use propri-

    etary cards (e.g. those issued by retail stores and oil

    companies). A 1998 survey of consumers indicated that68% of U.S. households had at least one general pur-

    pose credit card, a 21% increase since 1989. In 1998,

    limited-use cards issued by retail stores and oil compa-

    nies were held by 50% of U.S. households compared

    to only 19% of U.S. households in 1989 (CPSS 2003).

    Debit Card. Debit cards are also known as checkcards. They look like credit cards or automated tellermachine (ATM) cards, but operate like cash or personalcheck. Debit card transactions involve the transfer offunds from a cardholder’s transactions account (typi-cally a checking account) at an issuing bank. There

    were 9.5 billion debit card transactions processed dur-ing 2000, valued at $419 billion. Cardholders authorize

    debit card transactions either by entering a personal

    identification number (PIN) directly into a merchant’s

    online terminal or by a written signature. An estimated

    2.8 million online debit terminals were available at

    U.S. retail locations in 2000 and involving approxi-

    mately 4 billion PIN-based transactions and 5.5 billion

    signature-based transactions (CPSS 2003).

    Unlike a credit card, funds are withdrawn directlyfrom the purchaser’s checking or savings account at a

    bank when a debit card is used. While a credit card is a

    way to “pay later” a debit card is a way to “pay now.” Be-

    cause debit card transactions are directly subtracted from

    the consumer’s related bank account, debit card trans-

    actions are limited to the amount in the bank account.

    Figure 2.3 summarizes the total number of debit and

    credit cards held by consumers in the U.S. from 2001

    through 2005. This chart shows that the number of

    credit cards has reached a plateau at just under 1.3 bil-

    lion. The number of debit cards has seen steady growth

    over the past five years, but the total amount still com-

    prises less than a quarter of the number of credit cards.

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    Acceptance and Use of Electronic Payments for State Taxes and Fees

    3.1 Benets and Costs to State Governments

    of Accepting Electronic Payments

    Citizens have, for decades, been using cash and

    check to pay taxes and registration fees and to reim-

    burse states for services. Meanwhile, ACH transactions

    have primarily been used for payment of state taxes and

    fees, especially large payment amounts made by cor-porations and other major employers. Credit and debit

    cards, while being a payment option for some govern-

    ment agencies, are still not as prevalently accepted as

    other payment media.

    Electronic payments for government taxes and

    fees—whether in the form of ACH, credit card, or debit

    card—offer many benefits to government agencies and

    citizens. These include:

    ß  Reduced processing costs associated with cash

    and check payments;

    ß  Reduced transaction processing time and costs;

    ß  Improved payment verification and auditingthrough real-time authorization and verification;

    ß  Reduced accounts receivables and payment delin-

    quencies, and fewer need for debt collection ac-

    tivities;

    ß  Improved fund availability by reducing check float

    and enhancing cash flow;

    ß  Added convenience for citizens.

    Beyond these benefits, electronic payments offer

    government agencies the opportunity to automate ac-

    counting, banking and reconciliation functions and

    processes. Electronic payments can also speed up the

    receipt of tax and fee pay-

    ments from citizens and tax-

    payers.

    While electronic payments

    provide several benefits and

    cost savings, the acceptance

    of electronic payments also

    involves several costs. If de-cisions are made to accept

    electronic payment, policies

    must be established to ad-

    dress how and by whom such

    costs will be covered. The

    costs associated with elec-

    tronic payments include:

    ß Equipment expenses in-

    cluding specialized soft-

    ware, keypads, comput-

    ers, etc.;

    ß  Administrative expens-es including employee

    training, process stream-

    lining, and marketing activities and user education

    programs; and

    ß  Social costs associated with electronic payment

    media such as lack of access to electronic payment

    options by certain categories of citizens or misuse

    of electronic payment options such as increased

    debt burden due to increased use of credit cards.

    The costs associated with electronic payments vary

    both according to the type of payment media and the

    Chapter 3

    Electronic Payment of Government Taxes and Fees

    Electronic payments for gover

    taxes and fees offer re

    processing costs for gover

    agencies and

    convenience for cit

    Electronic payments offer government agencies the opportu-

    nity to automate accounting, banking and reconciliation func-

    tions and processes. Electronic payments can also speed up the

    receipt of tax and fee payments from citizens and taxpayers.

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    0  The Council of State Governments—Financial Services Working Group

    payment channel. These payment channels are:

    ß  Point-of-sale. Point-of-sale systems allow thepublic to pay for government services with debit

    cards and credit cards, checks and cash over the

    counter at walk-in service centers. It provides citi-

    zens with a cost-effective and convenient way of

    paying for government services while allowing

    for quick and efficient updates to payment re-

    cords. For credit card transactions, the point-of-

    sale is a location where the credit card payment is

    performed with the cardholder present. The credit

    card is read magnetically, and the cardholder’s sig-

    nature is generally obtained as insurance against

    the transaction. This is the most secure form of

    credit card payment.

    ß  Pay by Telephone. Interactive voice response(IVR) is a telephony technology in which con-

    sumers use a touch-tone telephone to interact with

    a database to acquire information from or enter

    data into the database. IVR or pay-by-phone sys-

    tems eliminate the inconvenience and costs associ-ated with postage and check-writing. Studies have

    shown that electronic bill payment reduces these

    costs by 60% by eliminating the cost of stamps

    and paper checks and by reducing consumers’ ex-

    posure to late fees and bounced checks (NECCC

    2005). The costs associated with a pay-by-phone

    system will depend on the hardware and software

    needed to implement the system.

    ß  Pay by Internet. Internet payment systems allow

    government agencies to accept electronic pay-

    ment via the web. An internet payment system

    reduces the costs associated with traditional (andoften inefficient) paper-based payment methods,

    and allows citizens to pay taxes and fees when and

    where it is convenient for them. This significantly

    improves access to government services and in-

    creases the potential for on-time payments and

    fewer delinquent payments. The many costs asso-

    ciated with developing and maintaining an inter-

    net payment system include software, hardware,

    licenses, and maintenance costs.

    Acceptance of electronic payments through the dif-

    ferent payment channels offers a variety of benefits to

    government agencies and citizens. The combinations of

    electronic payments and payment channels have differ-

    ent costs associated with them and some types of elec-

    tronic payments are even limited to certain payment

    channels. Table 3.1 provides a matrix of payment chan-

    nels and payment types and describes the level of trans-

    action fees that are faced by the government agency for

    each combination of payment type and payment channel.

    3.2 Credit Card Payments for Government Services

    While credit and debit card acceptance as a payment

    method has become virtually universal within the pri-

    vate sector, credit card use for payment for government

    services has lagged behind credit card usage in the con-

    sumer market. To allow government agencies to benefit

    from the cost advantages of electronic payments and topermit citizens to realize the benefits of credit card pay-

    ments, government leaders and citizens have encour-

    aged policy changes that permit greater acceptance of

    credit card payments by government agencies and en-

    courage greater use of credit cards by citizens to pay

    their taxes and fees. The system or structure for credit

    or debit card payment of government taxes and fees are

    not very different from that of the private sector.

    Government agencies have two primary options for

    accepting credit card payments, as shown in Figure 3.1.

    The primary difference between the two systems is the

    use of a financial intermediary—a third party serviceprovider—that can perform multiple functions for the

    government agency, including accepting and processing

    the credit card transaction. In the first option (top panel

    of Figure 3.1) the credit card transaction begins with

    payment accepted directly by the government agency.

    The bank issuing the credit card transfers funds to the

    Transaction fees  charged to

    Type of payment government agency Point-of-sale Telephone Internet 

    Cash or check None ✓

    Credit card High ✓  ✓  ✓

    Signature debit card High to Moderate ✓

    PINless debit card2  Moderate ✓  Varies

    PIN-based debit card Low ✓

    ACH Low ✓  ✓  ✓

    Source: National Electronic Commerce Coordinating Council’s E-Payments Primer (NECCC 2005).

    Payment Channels

    Table 3.1 

    Transaction Fees by Payment Channels and Payment Types

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    Acceptance and Use of Electronic Payments for State Taxes and Fees

    government agency’s processing bank. Subsequently,

    funds are deposited into the government agency’s ac-

    count. Note that the issuing bank must transfer payment

    to the processing bank prior to collecting payment from

    the taxpayer. In this first option, the government agency

    is typically responsible for the fees associated with the

    credit card transaction.

    The same process is mirrored in the second option

    (bottom panel of Figure 3.1). However, depending on

    the functions undertaken by the third party service

    provider, the payment for government services can be

    made either to the government agency or to the third

    party service provider. In addition to possibly accepting

    the credit card payment, the third party service provider

    also replaces the functions of the processing bank.

    Government agencies have two primary options for

    accepting credit card payments, as shown in Figure 3.1.

    The primary difference between the two systems is the

    use of a financial intermediary—a third party service

    provider—that can perform multiple functions for the

    government agency, including accepting and process-ing the credit card transaction. In the first option (top

    panel of Figure 3.1) the credit card transaction begins

    with payment accepted directly by the government

    agency. The taxpayer transfers funds to the bank is-

    suer of his/her credit card, which in turn transfers the

    funds to the government agency’s processing bank.

    Once the payment is settled, funds are deposited into

    the government agency’s account. In this situation, the

    government agency is typically responsible for the fees

    associated with the credit card transaction. The same

    process is mirrored in the second option (bottom panel

    of Figure 3.1). However, depending on the functionsundertaken by the third party service provider, the pay-

    ment for government services can be made either to the

    government agency or to the third party service pro-

    vider. In addition to possibly accepting the credit card

    payment, the third party service provider also replaces

    the functions of the processing bank.

    Benets of Accepting Credit and Debit Card Payments

    for Government Taxes and Fees

    Many of the benefits credit and debit cards offer

    government agencies are the same as those offered by

    other electronic payments. However, credit cards offeran additional benefit to citizens and taxpayers in the

    form of short-term credit. This credit option offers ad-

    ditional taxpayer relief by providing the opportunity

    Credit Card Issuing Bank Processing Bank

    Citizen/Taxpayer Government AgencyTransaction

    Credit Card Issuing Bank Third-Party Service Provider

    Citizen/Taxpayer Government AgencyTransaction

    Figure 3.1 

    Two Primary Credit Card Payment Systems for Government Agencies

    Source: Developed by the research team.

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    2  The Council of State Governments—Financial Services Working Group

    for payment spreading and cash flow management for

    those who may otherwise face difficulties in paying

    large tax or fee payments at a particular point of time

    but who could otherwise manage payments spread over

    time. Debit cards also offer further advantages over

    credit cards. Because anyone with a checking account

    can obtain a debit card, accepting debit cards as a pay-

    ment option serves a larger pool of potential users. In

    addition, canceling services or returning goods paid forwith a debit card is typically treated as if they were

    made with cash or check, allowing for a less compli-

    cated and less costly return or cancellation process.

    Challenges to Accepting Credit and Debit Card Payments

    for Government Taxes and Fees

    However, accepting credit and debit card payments

    also poses several challenges to government agencies.

    These include legal and legislative challenges, cost

    challenges and technology challenges. From a legal or

    legislative perspective, issues that affect the acceptance

    of credit and debit card payments include:ß  Credit and debit card transactions impose certain

    costs (transaction fees), which may conflict with

    legislation requiring that government agencies

    collect 100% of the amount due;

    ß  Credit card transactions may violate public funds

    handling laws; and

    ß  Legislative issues regarding protection of financial

    data from public records laws and technology is-

    sues related to data and information security need

    to be addressed.

    The primary costs associated with credit and debit

    card payments are the start-up costs (initial equipment,training, marketing and education) and the recurring

    per transaction fees. The fees paid by government agen-

    cies for credit card processing are determined by their

    contractual relationship with their bank and/or service

    provider, and are based on a number of factors, includ-

    ing total and average volume, total and average dollar

    amount, association fees, processor fees, card types,

    and processing timeframe. States have used two princi-

    pal ways to pay for such fees associated with credit and

    debit card transactions including the use of surcharges

    and convenience fees.

    Transaction Surcharge. A transaction surcharge

    is an additional charge that is added to the transaction

    amount by the merchant if the customer chooses to pay

    by card, either credit or debit. The surcharge tends to be

    a fixed amount but varies with the transaction amount.

    Use of surcharges is strictly prohibited by Visa, Master-

    Card and Discover. However, a very small number of

    merchants were grandfathered by the debit networks to

    surcharge on PIN debit transactions (Webster 2005).

    Convenience Fees. A convenience fee is an addi-tional charge that is added to the transaction amount

    by the merchant if the customer chooses to pay the

    merchant in a non-traditional environment, such as via

    a website or an interactive voice response (IVR) tele-

    phony system. The convenience fee amount can take

    the form of a flat fee or a percentage-based fee, but the

    type of fee varies widely across government entitiesand third party service providers. American Express

    allows convenience fees if the transaction is related

    to: (1) federal, state, provincial or municipal govern-

    ment mandatory revenue payments; (2) public utility

    payments; and/or (3) mandatory fees at public higher

    education institutions. Furthermore, under the Ameri-

    can Express convenience fee policy, convenience fees

    (1) can only be charged when the payment is made

    through a more convenient payment method; and (2)

    cannot be higher than the fees imposed on other pay-

    ment instruments. For Visa and MasterCard, the conve-

    nience fee must be applied equally to all payment types

    offered through the same environment. However, Visaalso states that the convenience fee cannot be charged

    for over-the-counter or face-to-face transactions. The

    merchant must also state up-front that a convenience

    fee will be charged to the cardholder, specify the fee

    amount, and allow the cardholder to either decline or

    proceed with the transaction and the assessed fee.

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    Acceptance and Use of Electronic Payments for State Taxes and Fees

    While some studies have examined the acceptance

    and management of electronic tax and fee payments,there have been limited empirical studies that focused

    on the broader issues relevant to state governments ac-

    cepting electronic payments for state taxes and fees.

    Combined, however, information from existing studies

    can be used to develop preliminary answers to the fol-

    lowing research questions:

    1. How extensive is the acceptance of credit card

    payment for taxes and fees?

    2. What taxes or fees can be (and are) paid by credit

    card?

    3. Why should government agencies allow payment

    of taxes and fees by credit card?

    4. Who pays the transaction fees associated with

    credit card payments? How are they paid?

    5. What is required for state agencies to accept credit

    card payments?

    4.1 Overview of Previous Studies

    The analysis included in this chapter is based on five

    major studies and research efforts. These other studies

    include an assessment of the acceptance of credit card

    payment by a federal agency,

    a survey of state and localgovernment agencies, a sur-

    vey by the Federation of Tax

    Administrators (FTA), and

    a public opinion survey re-

    garding internet-based gov-

    ernment services. These are

    discussed below.

    Credit Card Survey of

    State and Local Government

    Acceptance by the District

    of Columbia Treasurer’s

    Office and the Office of theCity Administrator. In 1991,

    staff from the District of Columbia Treasurer’s Office

    and the Office of the City Administrator contacted trea-

    sury and finance officials in the 20 largest U.S. cities,

    the 17 jurisdictions making up the Washington met-

    ropolitan area, and the seven states known to accept

    credit cards. Altogether, 45 state and local governments

    were surveyed, along with 23 federal-level government

    agencies (Kuhn 1992). The purpose of this survey was

    to determine the prevalence of credit card payment ac-

    ceptance among state and local governments.

    Chapter 4

    Findings of Previous Studies on Government Tax

    and Fee Electronic Payments

    One reason driving gover

    acceptance of tax and fee pay

    by credit card is citizen pref

    for credit card pa

     The analysis included in this chapter is based on ve major

    studies and research efforts. These other studies include an as-sessment of the acceptance of credit card payment by a federal

    agency, a survey of state and local government agencies, a sur-

    vey by the Federation of Tax Administrators (FTA), and a public

    opinion survey regarding internet-based government services.

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    4  The Council of State Governments—Financial Services Working Group

    Case Study of the U.S. Postal Service (USPS) Ac-

    ceptance of Credit and Debit Cards for Payment ofPostal Services (GAO 1994, Green 1997, Beyer 1999).The USPS first began accepting credit card payments

    at some post offices in 1981. In 1991, then Postmaster

    General Anthony Frank established a task force to make

    recommendations on the future direction of credit card

    acceptance. The task force arranged for Arthur D. Little

    to undertake a feasibility study in 1991 of the extent of

    market demand for credit and debit cards at postal re-

    tail windows and vending machines. Postmaster Gen-

    eral Marvin Runyon then decided in 1992 that USPS

    should begin accepting credit and debit cards and soon

    as possible. Implementation of the credit card accep-

    tance program, to be launched in three phases, began inJune 1993 with 550 pilot test sites. The only restriction

    on credit card acceptance was that money orders and

    collect-on-delivery services could not be paid for via

    credit card. Later, the USPS added the policy that credit

    cards could not be used for payment of bulk mailings.

    Texas Electronic Government Survey (Strover &Straubhaar 2000a, 2000b). The Texas Electronic Gov-

    ernment Survey is a public opinion survey to assess a

    variety of issues related to public access necessary to

    use e-government service. Research addressed specific

    questions: (1) Would people use government services if

    they were available on the internet? How much would

    they pay? (2) What are the privacy and security con-

    cerns of Texans with respect to e-government appli-

    cation? (3) What are citizen opinions with respect to

    financially supporting e-government services?

    Federation of Tax Administrators (FTA) CreditCard Survey (FTA 2003). A survey conducted by theFTA in 2003 on how states use credit cards to facilitate

    the payment of taxes or fees. Thirty-three states (in-

    cluding the District of Columbia and New York City)

    responded to the survey. The survey also focused on

    the use of debit card and e-check for payment of taxes

    or fees. The survey examined issues such as: (1) ac-

    ceptance of credit card, debit card or e-check for tax or

    fee payment, (2) types of taxes or fees that can be paid

    by credit card, debit card or e-check, (3) transaction

    volume, (4) payment of the merchant discount fee, (5)

    satisfaction with electronic payment processing pro-

    grams, and (6) proposed changes to these programs.

    While these studies may be somewhat dated—most-

    ly from the mid-1990s and early 2000s—the informa-

    tion they provide remain useful as starting points for

    the current investigation into policies and practices re-

    garding state government acceptance of electronic pay-

    ments for taxes and fees. The studies’ findings may no

    longer be current or relevant in today’s environment,

    but they do provide interesting insights into how gov-

    ernment agencies have dealt with the issues and chal-

    lenges of accepting electronic payments.

    4.2 How Extensive is the Acceptance and Use of Credit

    Card Payment for Taxes and Fees?

    Acceptance of Credit Card Payment for Taxesand Fees. There is evidence, as far back as the early

    1990s, that federal, state, and local government agen-

    cies have been accepting credit card payments for taxes

    and fees. In the 1991 survey by the District of Colum-

    bia government, 65% of the government organizations

    surveyed accepted credit card payments, with another

    20% having recently issued RFPs for credit card pro-

    grams or conducting feasibility studies (Kuhn 1992).

    In addition, a Public Investor survey conducted in 1993

    found that 30% of state and local governments in the

    U.S. accepted credit card payment for user fees, parking

    tickets, utility bills and taxes (Michel & Carter 1996).Mitchell (2004) cites a 2003 survey of 419 counties

    by the National Association of Counties which found

    that 28% and 29% of respondents indicated that their

    agencies had enabled residents to pay taxes and fees

    with credit cards on-line and over the telephone, re-

    spectively. This represented an increase from 18% and

    26% of respondents the previous year. A 2003 survey

    by the National Center for State Courts (NCSC) of 84

    courts in 30 states found that 77% of the responding

    courts accepted credit card payments. Most of these

    courts had begun accepting credit card payments with-

    in the previous five years.Of the state revenue agencies responding to the 2003

    FTA survey, all but one had the necessary legal author-

    ity to accept credit cards for payment of taxes or other

    fees. Results of this survey showed that 91% (30 out of

    33) of the responding states had programs in place to

    accept credit card payments. They further found that

    most states were planning to expand their electronic

    payment programs. These included adding more pay-

    ment types via the Internet, expanding the program to

    include more types of taxes or fees, and adding direct

    debit or e-check capabilities.

     Dollar volume of 

    Number of payment transactions Average

    Year payment transactions ($ in million) transaction value ($)

    999 53,300 $184 $3,445

    000 216,500 659 3,044

    001 284,800 891 3,130

    002 313,400 781 2,494

    003 559,600 878 1,569

    ource: Mitchell (2004) from IRS data.

    able 4.1

    rends in Credit Card Payments of Federal Income Taxes

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    Acceptance and Use of Electronic Payments for State Taxes and Fees

    Citizen Use of Credit Cards to Pay Taxes or Fees .

    In 1997, the first year the credit and debit card program

    was fully implemented, the USPS had more than $1.2

    billion in credit and debit card transactions alone. More

    than 18 months after the complete rollout, transaction

    numbers and volume had more than doubled (Beyer

    1999). In 1998, the Postal Service had 5.5 million debit

    card transactions totaling $332 million and 42.6 mil-

    lion credit card transactions totaling $1.4 billion.

    A similar growth was experienced by the Internal

    Revenue Service (IRS) when it began accepting credit

    cards for payment of federal income taxes in 1999. Ta-

    ble 4.1 summarizes the growth in both number of trans-

    actions and dollar volume of transactions between 1999

    and 2003. The number of transactions increased ten-

    fold over this period and the dollar volume increased

    more than four-fold. In the early years of the credit

    card acceptance program, the most avid users of the

    program were those with large tax balances (average

    transaction value of $3,445) but over time the program

    became more widely used and the average transactionvalue dropped to $1,569.

    In the FTA survey, almost $700 million was collect-

    ed from credit card, debit card and e-check payments

    in FY 2003. This was a significant increase compared

    to the $190 million collected by the states just two

    years earlier (FY 2001). Credit card payments alone

    amounted to almost half of these transactions, com-

    prising slightly over 40% of the transaction amounts.

    As shown in Table 4.2, credit card payments for state

    taxes and fees show a trend similar to that of the IRS.

    Between 2001 and 2003 both the number and dollar

    volume increased while the average transaction value

    decreased.

    4.3 What Taxes or Fees Can be (and are) Paid by Credit Card?

    Early research has shown that federal, state, and lo-

    cal governments accepted credit card payments for a

    variety of taxes and fees. For example, Kuhn (1992)

    mentioned parking fines, motor vehicle service fees,

    recreation and leisure services, taxes, court fines and

    airport parking as the most frequently cited applications

    of credit card acceptance at the state and local levels.

    She further noted that at the state level, all seven states

    surveyed (California, Indiana, Maryland, Montana,

    Missouri, Oregon, and Vermont) accepted credit cardsfor payment of taxes, motor vehicle licenses, registra-

    tions, recreation fees or parking violations. For taxes,

    five states accepted credit card payments for delinquent

    taxes only, while two of the states accepted credit cards

    for both current and delinquent taxes.

    The FTA survey of state revenue agencies found

    that an overwhelming majority (90%) of the respond-

    ing states accepted credit card payments for individual

    income taxes. Slightly over half of the states accepted

    credit card payments for corporate income tax and sales

    and use tax.

    4.4 Why Should Government Agencies Allow Payment

    of Taxes and Fees by Credit Card?

    One reason driving government acceptance of tax

    and fee payments by credit card is citizen preference

    for credit card payment. The literature suggests that

    citizen preferences for credit and debit card usage are

    driven by factors such as convenience, flexibility, speed

    of transaction, security and ability to reduce the volumeof cash carried. Credit cards provide citizens with a se-

    cure, reliable and convenient means of payment. They

    are also a flexible payment method that allows citizens

    to avoid late payment fees while stretching their pay-

    ments out as a means of managing their cash flows.

    Frequent-use awards and access to credit at the point-

    of-sale further encourages credit card use.

    Benefits to government agencies for allowing pay-

    ment of taxes and fees by credit card can be divided

    into three categories: (1) collections, (2) processing,

    and (3) administrative. From a collections perspective,

    acceptance and use of credit cards may result in moretimely payments, in addition to an increased certainty

    of tax and fee payments and the potential for increased

    collections. The increased certainty of collection is pri-

    marily due to immediate, real-time fund verification that

    ensures the credit card payment is valid. Greater use of

    credit cards to replace checks, therefore, is expected to

    reduce the occurrences of returned or defective funds.

    Credit card acceptance may also yield greater collec-

    tions by improving collections of delinquent payments

    and increasing the consumption of government goods

    and services by citizens as credit cards allow illiquid

    consumers or those paying with future income to con-

    sume and pay for goods and services (Chakravorti 2003).Payment processing is also affected by the accep-

    tance and use of credit cards. The most commonly cited

    reason for government to accept credit card payments

    is the accelerated fund availability associated with

    credit card payments. Credit card transactions provide

    the government agency with good funds typically with-

    in 48 hours of the government agency submitting the

    transaction. This reduction in float improves fund avail-

    ability and allows government agencies to get money

    into interest-bearing accounts sooner. Credit card pay-

    ments also result in staffing efficiencies, as they require

    less extensive physical handling (in terms of paper- and

    personnel-intensive activities) compared to checks and

    cash.

    From a transactions perspective, credit card use im-

    proves the transaction efficiency, such as by increasing

    the speed of check-out (reducing transaction time) and

    reducing cashiering and other transaction costs. Be-

    yond the actual tax or fee payment transaction, credit

    card payments can simplify administrative recordkeep-

    ing and improve the paper trail and accountability.

    There is some anecdotal and empirical evidence sup-

    porting these claims of credit card benefits. For example,

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    6  The Council of State Governments—Financial Services Working Group

    the Washington, DC survey found that allowing citizens

    to use credit cards to pay by mail or by telephone was

    a major factor in reducing delinquent tax payments for

    some local and state governments. Among the benefits

    of credit card use cited by the cities, counties, states,

    and the federal government included increased sales of

    merchandise, more timely payments than conventional

    methods, reduced interest and penalties for some tax-

    payers, reduced mail and processing float, improvedfund availability, lower administrative costs, and less

    risk associated with defective checks (Kuhn 1992).

    The experiences of the U.S. Postal Service also evi-

    denced some of the benefits of credit card acceptance

    previously discussed. The Arthur D. Little consultants

    contracted by the USPS found that 27% of households

    and 15% of small businesses surveyed expressed an

    interest in using credit and debit cards at post offices.

    MasterCard, in cooperation with the USPS, conducted a

    survey of customers buying characteristics and opinions

    regarding credit card payments at pilot test sites. Survey

    responses from 4,000 respondents showed that 64% feltthat the USPS acceptance of credit and debit cards made

    it more like a retail establishment; 30% said credit card

    acceptance added convenience; and 5% said it provid-

    ed for better customer service. Results of both surveys

    suggested support for the citizen preferences argument.

    Time and motion studies at USPS pilot test sites dur-

    ing the early stage of credit and debit card acceptance

    showed that credit or debit card transactions were pro-

    cessed more quickly than cash or check transactions,

    thus saving customers and postal workers time. At post

    office windows, a credit card transaction was processed

    in an average time of 52 seconds and a debit card trans-

    action was processed in an average 32 seconds. In com-

    parison, average processing times were 80 seconds forcheck and 43 seconds for cash. The credit/debit card

    program allowed postal clerks to complete transactions

    more quickly and made them feel safer and more se-

    cure as they no longer had to carry as much cash in

    their drawers (Green 1997). A follow-up study by Coo-

    pers and Lybrand found that the card program produced

    significant financial benefits. The average handling and

    processing cost for a debit card transaction was deter-

    mined to be 1.5 cents per dollar spent by the consumer

    and for a credit card transaction this cost was 4.0 cents

    per dollar. In comparison, the handling and processing

    cost for cash and check transactions were 4.8 cents and

    2.7 cents per dollar, respectively.

    As a result of the debit and credit card program, the

    USPS has also been able to consolidate its cash man-

    agement banking arrangements from more than 5,000

    accounts down to 30 accounts. As Terrell Carter, as-

    ■  Fee paid by state

    ■  Fee paid by taxpayer

    ■  Combination of state and taxpayer

    Figure 4.1

    Responsible Party for Paying Fees Associated with Tax Payments

    Source: FTA (2003) Credit Card Survey.

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    Acceptance and Use of Electronic Payments for State Taxes and Fees

    sistant treasurer of payment technologies for the USPS

    states, “We have been able to significantly reduce our

    cash-handling time, costs, and the risk associated with

    it. Customers using credit cards also tend to buy up. Our

    average transactions have increased” (Beyer 1999).

    The 2003 NCSC survey found that state courts’ ex-

    periences with credit card acceptance has been that al-

    lowing credit card payments (1) increased the amount

    of fines actually collected, (2) accelerated payment re-

    ceipt, and (3) simplified recordkeeping.

    4.5 Who Pays the Transaction Fees Associated

    with Credit Card Payments? How are they Paid?

    One of the most significant obstacles to accepting

    credit card payments for government taxes is the per

    transaction cost of credit card use. Most public agen-

    cies are required by law to collect 100% of the tax or

    fee amount owed by the taxpayer. As a result, public

    agencies cannot pay the merchant discount fee that

    acquirers charge merchants for processing credit cardpayments. For example, the 2003 NCSC survey found

    that the most commonly cited reason for state courts

    for not accepting credit card payments was the trans-

    action fees charged by the banks for processing credit

    cards. The fee charged by banks to process credit card

    payments has typically been based on a formula that

    includes the interchange rates, anticipated sales vol-

    umes, average transaction amounts, and the method of

    authorization and settlement. In the 1991 Washington

    DC survey, most government agencies (69%) were

    charged a discount rate (a percent based on the dollar

    volume of credit card transactions) ranging from 1.4%

    to 5% (Kuhn 1992). Other agencies, using a third party

    processor, paid a sliding scale of fees ranging fro $3 to

    $60, depending on the amount of the payment being

    processed.

    Private sector merchants can typically hide or bury

    the fees associated with accepting credit card payments

    into the price of the goods and services. Some govern-

    ment agencies have taken an approach similar to the

    private sector in absorbing the credit card transaction

    fees as part of the cost of doing business, but without an

    across-the-board rise in tax rates or fee structures.

    Many other agencies, however, are constrained by

    statute to collect 100% of what is owed. Most govern-ment agencies have passed on the transaction fee to

    those taxpayers paying by credit card. Visa and Master

    Card, however, had bylaws prohibiting merchants from

    directly passing along the transaction fees to credit card

    users. In 1993, they began enforcing these bylaws, or-

    dering member banks to cut off service to those govern-

    ment agencies passing along the transaction fee. Despite

    extensive discussions with representatives of state and

    local governments, Visa and MasterCard were reluctant

    to change their position prohibiting passing along the

    transaction fees. As a result, government agencies have

    adopted various means for addressing the problem of

    passing on credit card fees to taxpayers.

    We examine two issues relevant to credit card trans-

    action fees. The first is ‘who pays the fee—the govern-

    ment agency or the credit card payor?’ and the second

    is ‘how are these fees paid?’ Both issues will be ad-

    dressed in the following subsections.

    Who Pays the Fee? The NCSC survey found thatstate courts have dealt with credit card fees in three

    ways: (1) absorb the fee as a cost of doing business; (2)

    pass the fee through to the party paying the fee or fine;

    and (3) negotiate with the bank to waive the fee. Ab-

    sorbing the transaction fee as part of the cost of doing

    business was the most common approach, but required

    that the courts obtain statutory authorization to do so.

    California and Michigan were two states whose courts

    absorbed the credit card fees. The NCSC cited a three-

    fold argument for doing so: (1) the increase in collec-

    tions will offset credit card costs; (2) the cost of collect-

    ing court fines and fees via credit is no more than, and

    may actually be less than the combined fees, staffingcosts, security expenses, and costs for handling, hold-

    ing, and transferring cash and checks; and (3) the pub-

    lic prefers paying via credit card without any additional

    fees attached.

    The second option, adopted by Georgia and Louisi-

    ana, involved passing on the fee to the party paying the

    fee or fine by imposing a surcharge, transaction fee, or

    convenience fee (justified such that they meet Visa and

    MasterCard restrictions) to parties who wish to pay by

    credit card. This charge may either be a fixed amount

    or a small percentage of the amount being paid. The

    advantage of this option is that it allows the state courtto collect the full amount of the fine or fee.

    The final option involved the state court negotiat-

    ing with its bank to waive credit card fees. Florida and

    Massachusetts, for example, had gone this route, and

    negotiated with their banks to waive credit card fees

    in exchange for having the court, local government, or

    state government deposit some of its funds in that bank.

    The 1991 Washington DC survey uncovered two

    methods for addressing credit card fees. The first was

    for the government agency to directly bill the payor for

    the credit card fees in the form of a surcharge which was

    added to the transaction amount at the time the payment

    was made. Thirty-eight percent of responding agencies

    reported using this surcharge approach. However, since

    this survey was undertaken before the crackdown by

    VISA and MasterCard on credit card surcharges, it

    is unlikely that this practice continued much beyond

    1993. The second approach was for the government to

    absorb the cost of credit card fees and paying this cost

    by allowing the processing bank interest-free use of a

    pre-specified balance for a pre-specified duration. This

    practice, called compensating balances, was used by

    62% of the state and local governments responding to

    the survey.

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    8  The Council of State Governments—Financial Services Working Group

    In the 2003 FTA survey, states were asked to identify

    the party responsible for paying the transaction fees as-

    sociated with tax payments made by credit cards. Re-

    sponses to this question are presented in Figure 4.1.

    Slightly fewer than 20% of the states actually absorbed

    at least some of the credit card fees directly. The cost to

    the state for merchant discount fees in FY 2003 ranged

    from $70,000 to $1.4 million, and totaled close to $2

    million. In the remaining states credit card fees were

    paid by the taxpayer, either as an extra fee added tothe transaction amount (10% of the states) or through a

    third party processor that then charged a service fee to

    cover the credit card fees (74% of the states).

    Charging Taxpayers a Convenience Fee for Cred-

    it Card Use. In order to address credit card fees, somestates passed permanent or temporary legislation man-

    dating credit card surcharges (e.g. Virginia, California,

    Montana and Florida). Absent legislation, some state

    and local governments have made policy decisions to

    pass all or some credit card processing costs trough to

    users in the form of a surcharge. For example, in the

    early 1990s, the state of Massachusetts ruled that, inthe case of recreational fees or services, an expenditure

    of public funds for the private benefit of an individual

    paying with a credit card is unlawful, and therefore a

    charge, however nominal, should be assessed to the

    credit card user to cover the cost of providing this ser-

    vice (Kuhn 1992).

    Michel and Carter (1996) proposed charging conve-

    nience fees for different payment options as a means

    for covering the cost of credit card fees. This involves

    presenting citizens with a menu of payment options in

    which credit card users are not singled out and penal-

    ized. The agency can then assign fees to different pay-

    ment methods (phone, mail, walk-in service), instead

    of assigning fees to different payment means (cash,

    check, credit card). This allows the government agency

    to associate the convenience fee with a benefit beyond

    paying by credit card, such as paying by telephone to

    avoid long waits in line. They cited the example of the

    Wisconsin Department of Transportation (WisDOT),

    which offers residents three ways to pay for vehicle li-censes—payment by mail via a bank lockbox (no fee),

    payment in person at a customer service center ($3

    fee), or payment using an automated telephone system

    ($2.50 fee). In return for the $2.50 telephone payment

    fee, residents received fast service from the comfort of

    their own home by dialing a toll-free number. A com-

    puterized system asks for an identification number and

    a credit card number to be used to pay the licensing fee.

    In the 1990s, several state agencies adopted this con-

    venience fee for different payment options approach,

    while others have adopted a third-party convenience

    fee approach.

    As the more recent FTA survey indicates, the latter

    has gained overwhelming popularity among the states.

    A large majority of the states use a third party service

    provider to process payments, with the taxpayer paying

    a convenience fee directly to the third party for using

    the credit card payment service (FTA 2003).

    Kuhn (1992) found that officials in jurisdictions

    where surcharges were in place noted that credit card

    users were satisfied with the convenience and float af-

    forded them, and did not consider surcharges a deter-

    rent. However, convenience fees did not always resolve

    the issue of government agencies collecting 100% of

    what is owed, as is often required by law. Glen B. Gain-er III, State Auditor General for West Virginia, pointed

    out that “a posted flat fee assessed to the consumer

    may not entirely cover the agency’s cost if the agency

    has a percentage-based acceptance pricing plan with

    its acquirer” (Mitchell 2004, p. 22). In addition, while

    taxpayer complaints regarding convenience fees is still

    the most common among all complaints regarding the

    credit card payment program, Iowa’s revenue officials

    found that the percentage-based convenience fee was

    much more acceptable to the public than the flat-rate

    convenience fee (FTA 2003).

    Survey evidence from the Texas e-Government proj-ect (Strover & Straubhaar 2000a, 2000b) also suggests

    that citizens are willing to pay for the convenience of

    paying by credit card. In this survey, citizens indicated

    their willingness to pay for on-line access to different

    types of government services (see Figure 4.2). It is rea-

    sonable to expect that this same willingness to pay is

    exhibited when it comes to paying for the convenience

    of on-line credit card payments for taxes and fees.

    How do States Pay Credit Card Fees?  Kuhn’s1991 survey determined that in situations where the

    state was responsible for paying the credit card fees,

    ■  Over $10

    ■  Up to $10

    ■ Under $3

    ■  Nothing at all

    0% 2% 4% 6% 8% 10% 12% 14% 16% 18%

    File and pay taxes

    Renewdriver’s license

    Pay traffic orvehicle tickets

    Obtain shing orhunting license

    Building or othersorts of permits

    Figure 4.2

    Citizen Willingness to Pay for Online Government Services

    Source: Strover & Straubhaar (2000a, 2000b).

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    Acceptance and Use of Electronic Payments for State Taxes and Fees

    the most dominant way of doing so was by using a

    compensating balance. This involves the government

    agency paying credit card fees using the value derived

    from interest-free use of specified balances by the fi-

    nancial institution. In 1991, 68% of respondents in the

    Washington DC survey of state and local governments

    had adopted this approach. A similar approach, identi-

    fied by the NCSC survey, involved government agen-

    cies (in the NCSC case, state courts) negotiating withtheir fi