COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 4298-01

Bill No.: SB 1198 with SCA 1

Subject: Taxation and Revenue - Income; Employees and Employers

Type: Original

Date: March 30, 2004




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2005 FY 2006 FY 2007
General Revenue $12,215,489 $18,400,000 $9,200,000
Total Estimated

Net Effect on

General Revenue

Fund

$12,215,489 $18,400,000 $9,200,000





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

Net Effect on All

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



According to the Department of Revenue's Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2002, 1.2 million withholding tax returns were filed in FY02 and $3.3 billion was collected.



Officials from the Department of Revenue (DOR) assume this legislation eliminates the timely filing deduction for businesses filing an employer's withholding tax return from September 1, 2004 until January 1, 2007..



DOR will have to notify employers and forms will have to be revised and issued to the employers for the balance of the reporting year. DOR will have the vendor produce and mail the new voucher to the employers. Estimated printing costs will be $41,000. Postage will be needed to send 145,035 voucher books at an estimated cost of $43,511.



If the effective date was changed to January 1, 2005, it would allow the businesses to utilize the vouchers they have without DOR having to reprint and mail to all employer withholding accounts. The vouchers are issued each year in December for the next year's filings. Therefore, if the date was changed, there would be no administrative impact to DOR.



This legislation will increase general revenues by $18.4 million per fiscal year. Therefore, DOR estimates the increase for FY05 to be $12.3 million, FY06 to be $18.4 million and FY07 to be ASSUMPTION (continued)



$9.2 million.



This legislation will increase Total State Revenue.



FISCAL IMPACT - State Government FY 2005

(8 Mo.)

FY 2006 FY 2007

(6 Mo.)



GENERAL REVENUE FUND
Income - General Revenue
Suspension of timely filing withholding tax compensation deduction

$12,300,000


$18,400,000


$9,200,000
Cost - Dept. of Revenue
Printing & mailing new withholding voucher books

($84,511)


$0


$0
ESTIMATED NET EFFECT ON GENERAL REVENUE FUND

$12,215,489


$18,400,000


$9,200,000




FISCAL IMPACT - Local Government FY 2005

(8 Mo.)

FY 2006 FY 2007
$0 $0 $0



FISCAL IMPACT - Small Business



Small businesses that have employees will not be allowed the deduction for timely filing withholding tax from September of 2004 through December of 2006.



DESCRIPTION



This proposal suspends the employer withholding bonus, effective September 1, 2004, until January 1, 2007.





DESCRIPTION (continued)



This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. This proposal would affect Total State Revenue.





SOURCES OF INFORMATION



Department of Revenue

Comprehensive Annual Financial Report (CAFR)

for Fiscal Year Ended June 30, 2002









Mickey Wilson, CPA

Director

March 30, 2004