FISCAL NOTE

Date Requested: January 12, 2024
Time Requested: 02:36 PM
Agency: Tax & Revenue Department, WV State
CBD Number: Version: Bill Number: Resolution Number:
1245 Introduced SB289
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 social security benefits from state personal income taxation for tax years beginning on or after January 1, 2024. According to our interpretation, passage of this bill would exempt all federally taxable Social Security benefits from personal income tax by adding a provision to §11-21-12(c)(8)(D) that renders the income limitations no longer applicable for taxable years beginning on or after January 1, 2024. Under current law, a decreasing modification for Social Security benefits is allowed when the federal adjusted gross income of a married couple filing a joint return does not exceed $100,000, or $50,000 in the case of a single individual or a married individual filing a single return. Based on our interpretation and updated statistical data and Personal Income Tax rates currently in effect, passage of this bill would reduce General Revenue Fund collections by a $37.0 million in FY2025, by 37.7 million in FY2026, and by increasing amounts in subsequent fiscal years. Additional administrative costs incurred by the State Tax Department would be $61,500 in FY2025 and $45,000 in subsequent fiscal years.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2024
Increase/Decrease
(use"-")
2025
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 61,500 45,000
Personal Services 0 45,000 45,000
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 15,000 0
2. Estimated Total Revenues 0 -37,000,000 -37,700,000


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


According to our interpretation, passage of this bill would exempt all federally taxable Social Security benefits from personal income tax by adding a provision to §11-21-12(c)(8)(D) that renders the income limitations no longer applicable for taxable years beginning on or after January 1, 2024. Under current law, a decreasing modification for Social Security benefits is allowed when the federal adjusted gross income of a married couple filing a joint return does not exceed $100,000, or $50,000 in the case of a single individual or a married individual filing a single return. Based on our interpretation and updated statistical data and Personal Income Tax rates currently in effect, passage of this bill would reduce General Revenue Fund collections by a $37.0 million in FY2025, by 37.7 million in FY2026, and by increasing amounts in subsequent fiscal years. Additional administrative costs incurred by the State Tax Department would be $61,500 in FY2025 and $45,000 in subsequent fiscal years.



Memorandum






    Person submitting Fiscal Note: Mark Muchow
    Email Address: kerri.r.petry@wv.gov