COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 4128-03

Bill No.: SB 1209

Subject: Taxation and Revenue - Income; Retirement Benefits

Type: Original

Date: February 17, 2004




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2005 FY 2006 FY 2007
General Revenue ($14,100,000) ($57,500,000) ($58,700,000)
Total Estimated

Net Effect on

General Revenue

Fund

($14,100,000) ($57,500,000) ($58,700,000)



ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Total Estimated

Net Effect on Other

State Funds

$0 $0 $0



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.











ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Local Government $0 $0 $0


FISCAL ANALYSIS



ASSUMPTION



Officials of the Office of Administration, Division of Budget and Planning (BAP) state this proposal has no impact on BAP.



BAP assumes this proposal doubles the current pension and retirement benefit deduction to the first twelve thousand dollars, effective for the tax year beginning January 1, 2005. The impact of this proposal would be manifest in fiscal year 2006. According to the Department of Revenue, an additional $903.3 million could have been deducted from tax year 2002 returns had this provision been in effect. Assuming 2% annual growth, this deduction could grow to $958.6 million by tax year 2005. Assuming the 6% marginal tax rate, this proposal would lower general revenue by $57.5 million in fiscal year 2006, and $58.7 million in 2007. There could also be some impact in the last half of fiscal year 2005 if taxpayers adjust any withholding downward in anticipation of this deduction. This proposal would lower total state revenue.



Officials of the Department of Revenue (DOR) assume this legislation increases the maximum pension exemption from $6,000 to $12,000. Because the legislation is just increasing the maximum deduction amount and is not changing the way the deduction is administered, there will be no additional impact to DOR. DOR defers any revenue impact to BAP.









ASSUMPTION (continued)



Oversight estimates a loss to the General Revenue Fund of $14.1 million for FY 2005 due to the possibility of reduced withholding and estimated income tax payments for five months of calendar year 2004. Oversight assumes 25% of Missouri taxpayers would adjust payments,

however it should be noted that this amount could be less depending on taxpayers' awareness of the deductibility of pension and retirement benefits in determining state income tax and their desire to adjust withholdings or estimated payments.



This proposal would decrease Total State Revenues.





FISCAL IMPACT - State Government FY 2005

(6 Mo.)

FY 2006 FY 2007
GENERAL REVENUE FUND
Loss - General Revenue
Tax deduction for time tutoring ($14,100,000) ($57,500,000) ($58,700,000)
TOTAL ESTIMATED NET EFFECT ON GENERAL REVENUE FUND



($14,100,000)


($57,500,000)


($58,700,000)




FISCAL IMPACT - Local Government FY 2005

(6 Mo.)

FY 2006 FY 2007
$0 $0 $0





FISCAL IMPACT - Small Business



No direct fiscal impact to small businesses would be expected as a result of this proposal.















DESCRIPTION



This proposal doubles the current pension and retirement benefit deduction to the first twelve thousand dollars, if other requirements in current law are met.



The proposal has an effective date of January 1, 2005.



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



Office of Administration

Division of Budget and Planning

Department of Revenue











Mickey Wilson, CPA

Director

February 17, 2004