FISCAL NOTE

Date Requested: February 12, 2025
Time Requested: 08:08 PM
Agency: Tax & Revenue Department, WV State
CBD Number: Version: Bill Number: Resolution Number:
2601 Introduced HB2139
CBD Subject: Taxation


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.


The stated purpose of this bill is to exempt cash tips from West Virginia personal income tax. According to our interpretation, cash tips from any source would be exempt from the State Personal Income Tax. Assuming no behavioral modification on the part of taxpayers and their employers, an income tax exclusion for all tip income would reduce State revenues by approximately $5.0 million per year. If the exclusion is restricted to only cash tips, the reduction in tax revenue would be closer to $1.0 million per year. Actual costs will likely be higher due to possible conversions of some wage incomes toward greater tip income due to the tax preference . Additional administrative costs incurred by the State Tax Department would be $16,500 in FY2025, $93,000 in FY2026, and $90,000 per year in FY2027 and subsequent fiscal years.



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 16,500 93,000 90,000
Personal Services 0 90,000 90,000
Current Expenses 0 0 0
Repairs and Alterations 0 3,000 0
Assets 0 0 0
Other 16,500 0 0
2. Estimated Total Revenues 0 -1,000,000 -1,000,000


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


According to our interpretation, cash tips from any source would be exempt from the State Personal Income Tax. Assuming no behavioral modification on the part of taxpayers and their employers, an income tax exclusion for all tip income would reduce State revenues by approximately $5.0 million per year. If the exclusion is restricted to only cash tips, the reduction in tax revenue would be closer to $1.0 million per year. Actual costs will likely be higher due to possible conversions of some wage incomes toward greater tip income due to the tax preference . Under current law, roughly 2.5 percent of all employment involves workers in tipped occupations, and tips account for roughly 0.5 percent of total wage and salary income. Additional administrative costs incurred by the State Tax Department would be $16,500 in FY2025, $93,000 in FY2026, and $90,000 per year in FY2027 and subsequent fiscal years.



Memorandum


The stated purpose of this bill is to exempt cash tips from West Virginia personal income tax. This bill would be difficult to implement. A decreasing State Personal Income Tax modification may work better than an exemption. It is also not clear from the bill’s language, whether tips included as part of a credit card purchase are included in “cash tips received from any source”.



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