COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION


FISCAL NOTE


L.R. No.:         3396-01

Bill No.:          HB 1340

Subject:           Corporations; Revenue Dept.; Taxation and Revenue - General; Taxation and Revenue - Income

Type:              Original

Date:               January 28, 2008




 

Bill Summary:            Would allow full deductibility from state income tax of all federal income tax liability.


FISCAL SUMMARY


ESTIMATED NET EFFECT ON GENERAL REVENUE FUND

FUND AFFECTED

FY 2009

FY 2010

FY 2011

General Revenue

$0

($816,000,000)

($913,000,000)

 

 

 

 

Total Estimated

Net Effect on

General Revenue

Fund

$0

($816,000,000)

($913,000,000)


ESTIMATED NET EFFECT ON OTHER STATE FUNDS

FUND AFFECTED

FY 2009

FY 2010

FY 2011

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on Other

State Funds

$0

$0

$0


Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 6 pages.




ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED

FY 2009

FY 2010

FY 2011

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on All

Federal Funds

$0

$0

$0



ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)

FUND AFFECTED

FY 2009

FY 2010

FY 2011

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on

FTE

0

0

0


Estimated Total Net Effect on All funds expected to exceed $100,000 savings or (cost).


Estimated Net Effect on General Revenue Fund expected to exceed $100,000 (cost).


ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED

FY 2009

FY 2010

FY 2011

Local Government

$0

$0

$0








FISCAL ANALYSIS


ASSUMPTION


Officials from the Department of Revenue (DOR) assume this proposal would phase in full deductibility of federal income tax beginning 2009 and ending 2013.

 

            *          An individual taxpayer could deduct the greater of $5,000 or 20% of their federal tax liability for 2009.

            *          An individual taxpayer could deduct the greater of $5,000 or 40% of their federal tax liability for 2010.

           *           An individual taxpayer could deduct the greater of $5,000 or 60% of their federal tax liability for 2011.

            *          An individual taxpayer could deduct the greater of $5,000 or 80% of their federal tax liability for 2012.

            *          An individual taxpayer could deduct 100% of their federal tax liability for 2013.


DOR officials assumed the proposal would reduce the amount of tax due, and the amount of state revenues. The DOR estimate of administrative impact follows.


This proposal would require changes to the individual and corporate income tax forms and instructions, and the MINITS, COINS, and data entry system would need to be modified.


Customer Services would require the following 1 Tax Collections Technician I for every additional 15,000 contacts annually on the delinquent phone line; 1 Tax Collections Technician I for every additional 24,000 contacts annually on the income tax phone line; and 1 Tax Processing Technician I for every additional 4,800 contacts annually in the field offices. DOR anticipates most customers would contact the department via phone; and therefore, will only request 1 FTE for each of the larger field offices including Kansas City, St. Louis, and Springfield.


DOR officials provided this estimate of the IT cost to implement this proposal.


The Office of Administration, Information Technology Services Division, (ITSD/DOR) assumes

the IT portion of this request could be implemented with existing resources; however, if priorities shift, additional FTE/overtime would be needed. ITSD/DOR estimates that implementing this legislation could be completed utilizing 1 existing CIT III for 1 month for modifications to MINITS and 1 existing CIT III for 1 month for modifications to Café at an estimated total cost of $8,372.



ASSUMPTION (continued)


In summary, the DOR estimate of cost to implement the proposal including 5.0 additional FTE and the related equipment and expenditures totaled $184,010 for FY 2009, $194,087 for FY 2010, and $199,910 for FY 2011. Officials from the Department of Revenue assumed a similar proposal in the previous session (HB 621 LR, 0226-01, 2007)this proposal would have no fiscal impact on their organization.


Oversight will use the DOR response from the previous session.


Fiscal impact on personal income tax collections


Officials from the University of Missouri, Economic Policy Analysis and Research Center (EPARC) assume this proposal would reduce 2009 individual income taxes from $4.399 billion to $3.595 billion, or $804 million. In 2010, net individual income taxes due falls to $3.510 billion, which is $889 million. In 2011, net individual income tax due falls to $3.404 billion, which is $995 million less that what was received in the 2006. In 2012, the net tax due falls to $3.282 billion, which is $1,117 million less than most recent net tax due amount. Finally, in 2013, net tax due falls to $3.150 billion, which is $1,249 million less than the most recent net tax due amount.


Oversight will assume that 2009 personal taxes would be collected in FY 2010. Oversight notes that this proposal would also provide an new standard deduction for federal taxes on Missouri income tax returns, and the filer would receive the greater of $10,000 or the appropriate percentage of their actual federal tax liability for joint filers, and the greater of $5,000 or the appropriate percentage of their actual tax liability for all other filers.


Fiscal impact on corporate income tax collections


Currently, corporations are allowed to deduct 50% of their federal income tax liability. The Tax Expenditure Report prepared by the State and Regional Fiscal Studies unit at the University of Missouri- Columbia indicates that tax expenditures related to the current deduction of federal income taxes was $60 million in 2006.


This proposal would increase the deductibility of federal income tax on state corporate income tax returns from the current 50% to 60% in 2009, 70% in 2010, 80% in 2011, 90% in 2012, and 100% for 2013 and subsequent years.



ASSUMPTION (continued)


Oversight assumes the impact of this change would be proportional to the change in the percentage deductible, or $12 million for 2009 (FY 2010), $24 million for 2010 (FY 2011), $36 million for 2011 (FY 2012), $48 million for 2012, (FY 2013) and $60 million for 2013

(FY 2014) and subsequent years.


Officials from the Office of Administration, Division of Budget and Planning did not respond to our request for information.


FISCAL IMPACT - State Government

FY 2009

(10 Mo.)

FY 2010

FY 2011

GENERAL REVENUE FUND

 

 

 

 

 

 

 

Revenue reduction - increased deductibility of federal tax on Missouri personal returns



$0



($804,000,000)



($889,000,000)

 

 

 

 

Revenue reduction - increased deductibility of federal tax on Missouri corporate returns



$0



($12,000,000)



($24,000,000)

 

 

 

 

ESTIMATED NET EFFECT ON GENERAL REVENUE FUND


$0


($816,000,000)


($913,000,000)



FISCAL IMPACT - Local Government

FY 2009

(10 Mo.)

FY 2010

FY 2011

 

 

 

 

 

$0

$0

$0


FISCAL IMPACT - Small Business


This proposal would have a direct impact to incorporated small businesses.





FISCAL DESCRIPTION


This proposal would increase the deductibility from state income tax of federal income tax liability over a period of five years until the full federal tax amount is deductible


This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.


SOURCES OF INFORMATION


Department of Revenue

University of Missouri

            Economic Policy Analysis and Research Center


NOT RESPONDING


Office of Administration

            Division of Budget and Planning 



                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                January 28, 2008