COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 3936-01

Bill No.: SB 959

Subject: Taxation and Revenue - Income; Banks and Financial Institutions

Type: Original

Date: February 4, 2002




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
General Revenue (UNKNOWN) (UNKNOWN) (UNKNOWN)
Total Estimated

Net Effect on All

State Funds*

(UNKNOWN) (UNKNOWN) (UNKNOWN)

* Expected to exceed $100,000



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
Local Government $0 $0 $0

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.

FISCAL ANALYSIS



ASSUMPTION



Officials from the Department of Insurance and the Office of Secretary of State indicated that this proposed legislation will have no fiscal impact on their agencies.



Officials from the Public School Retirement System of Missouri and the Non-Teacher School Employee Retirement Systems of Missouri state that this proposed legislation does not appear to fiscally impact either agency.



Officials from Missouri State Employees Retirement System state that this proposal does not affect their agency.



Officials from the Department of Economic Development - Division of Finance and Division of Credit Unions state that this proposal would impose no new duties on the their agencies; therefore, there would be no fiscal impact.



Officials from the Department of Revenue - Division of Taxation and Collections (DOR) state that there are currently approximately 20 corporations that qualify for the special apportionment. DOR is unable to determine the new corporations that would qualify as a result of the proposed change; therefore do not have an estimate of impact of the proposed legislation. DOR officials further state that the department does not have the data to estimate the general revenue impact, but estimate the legislation, as written would decrease state revenues in excess of $100,000.



Officials from the Office of Administration - Division of Budget and Planning indicated there would be no additional costs or savings to the Office of Administration. BAP officials do estimate the proposal could decrease state revenues.



Officials from the County Employees' Retirement System (CERF) stated that while it is unknown whether the proposed legislation will generate costs for CERF, it is possible that the impositions of Missouri state income taxes on separately managed investment accounts may result in the taxes being passed on to CERF through additional fees from investment advisors and consultants.



Oversight assumes that based in information from Department of Revenue and Office of Administration - Division of Budget and Planning, the legislation as written would not result in increased taxes therefore no increased fees would result.



FISCAL IMPACT - State Government FY 2003

(10 Mo.)

FY 2004 FY 2005
GENERAL REVENUE
Loss - Reduction in Corporate Income Tax Paid*



(UNKNOWN)


(UNKNOWN)


(UNKNOWN)

*Expected to exceed $100,000



FISCAL IMPACT - Local Government FY 2003

(10 Mo.)

FY 2004 FY 2005
$0 $0 $0



FISCAL IMPACT - Small Business



Small business could be impacted due to possible change in corporate income tax.



DESCRIPTION



This proposed legislation expands the formula for determining Missouri corporate income tax liability to allow corporations to apportion income among the various states in which they operate and generate income. Income from separately managed accounts offered by investment funds service corporations headquartered in Missouri after January 1, 2002, would be allowed to be apportioned.



"Separately managed account" is defined as a discretionary advisory account held by certain institutional investors pursuant to an investment advisory contract.



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



Department of Insurance

County Employees' Retirement System

Public School Retirement System of Missouri

Non-Teacher School Employee Retirement System of Missouri

Office of the Secretary of State

Department of Revenue

Division of Taxation and Collections

Office of Administration

Budget and Planning

Missouri State Employees Retirement System











Mickey Wilson, CPA

Acting Director

February 4, 2002