FISCAL NOTE

Date Requested: February 19, 2025
Time Requested: 04:31 PM
Agency: Tax & Revenue Department, WV State
CBD Number: Version: Bill Number: Resolution Number:
1954 Introduced HB2603
CBD Subject:


FUND(S):

General Revenue Fund

Sources of Revenue:

General Fund

Legislation creates:

Decreases Existing Revenue, Increases Existing Expenses



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government. The stated purpose of this bill is to exempt personal income earned by individuals working as teachers at primary and secondary schools from personal income tax. The bill, as written, would exempt income earned by an individual from working as a teacher at a primary or secondary school in West Virginia. If the bill is interpreted to only include pay received by teachers for their employment by county boards of education or a private school, passage of this bill would result in an annual loss of revenue to the State General Revenue Fund of at least $48.4 million in FY2026. As written, the decreasing modification would only be available for the 2025 tax year. If the bill is interpreted to include all income received by teachers, the impact would be greater. Additional administrative costs to the State Tax Department would be $42,150 in FY2026.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2025
Increase/Decrease
(use"-")
2026
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 42,150 0
Personal Services 0 35,000 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 1,650 0
Other 0 5,500 0
2. Estimated Total Revenues 0 -48,400,000 0


Explanation of above estimates (including long-range effect):


Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years. The bill, as written, would exempt income earned by an individual from working as a teacher at a primary or secondary school in West Virginia. If the bill is interpreted to only include pay received by teachers for their employment by county boards of education or a private school, passage of this bill would result in an annual loss of revenue to the State General Revenue Fund of at least $48.4 million beginning in FY2026. As written, the decreasing modification would only be available for the 2025 tax year. If the bill is interpreted to include all income received by teachers, the impact would be greater. The exemption would affect roughly 25,000 public and private school teachers. Additional administrative costs to the State Tax Department would be $42,150 in FY2026.



Memorandum


Please identify any areas of vagueness, technical defects, reasons a bill would not have a fiscal impact, and/or any special issues not captured elsewhere on this form. The stated purpose of this bill is to exempt personal income earned by individuals working as teachers at primary and secondary schools from personal income tax. The bill does not make it clear that income must be earned from work as a teacher. It could be argued that all income of a teacher at a primary or secondary school would be exempt. The bill does not define teacher or primary and secondary school. It is unclear whether teacher’s aides, coaches, speech therapists or individuals working in similar positions at a primary or secondary school would be entitled to the modification. It is also unclear whether teachers providing services to homebound students would be entitled to the modification because they work inside the student’s home rather than at the primary or secondary school. The modification is limited to teachers that work in primary and secondary school in West Virginia. The modification is not limited to teachers employed at public schools. A West Virginia resident who works as a teacher in a primary or secondary school in another state would not be eligible for this modification. As drafted, the bill would only be applicable for one tax year because the bill states “for the taxable year beginning after December 31, 2024”.



    Person submitting Fiscal Note: Mark Muchow
    Email Address: radfiscal@wv.gov