FISCAL NOTE

Date Requested: January 23, 2024
Time Requested: 02:11 PM
Agency: Tax & Revenue Department, WV State
CBD Number: Version: Bill Number: Resolution Number:
3083 Introduced HB4880
CBD Subject: Governor -- Bills Requested By


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 provide that the personal income tax decreasing modification for 100% of social security income shall no longer be subject to the restriction that such decreasing modification be allowable only 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 separate return. The provision is retrospective to apply to taxable years beginning on and 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benefits from personal income tax by adding a provision to §11-21-12(c)(8)(D) that renders the income limitations no longer applicable for taxable years beginning on or after January 1, 2024.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 $15,000 in FY2024, $46,500 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 15,000 46,500 45,000
Personal Services 0 45,000 45,000
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 1,500 0
Other 15,000 0 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 $15,000 in FY2024, $46,500 in FY2025, and $45,000 in subsequent fiscal years.



Memorandum






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