OFFICE OF FISCAL ANALYSIS Legislative Office Building, Room 5200 Hartford, CT 06106 (860) 240-0200 http://www.cga.ct.gov/ofa sHB-6443 AN ACT CONCERNING REVENUE ITEMS TO IMPLEMENT THE BIENNIAL BUDGET. Primary Analyst: MM 5/10/21 Contributing Analyst(s): WL, PM, CW, EW OFA Fiscal Note State Impact: Agency Affected Fund-Effect FY 22 $ FY 23 $ Various Various - See Below See Below See Below Note: Various=Various Municipal Impact: Municipalities Effect FY 22 $ FY 23 $ All Municipalities STATE MANDATE 1 - See Below See Below See Below Explanation The bill makes changes to state tax and revenue policies and establishes the "Connecticut Equitable Investment Fund." Summary and detailed table of changes are provided below, along with additional information and estimates for certain aspects of the bill. 1 State mandate is defined in Sec. 2-32b(2) of the Connecticut General Statutes, "state mandate" means any state initiated constitutional, statutory or executive action that requires a local government to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues. 2021HB-06443-R000638-FN.DOCX Page 2 of 5 2021HB-06443-R000638-FN.DOCX Page 3 of 5 Sections 1 & 2 effectively allow certain employees or contractors to shift their state income tax burden to employers, beginning in calendar year 2022. It is unknown to what extent employers would adjust future compensation levels in response to any such shift. The potential for employers to adjust future compensation levels would be limited by collective bargaining agreements and competition within some industries/job categories. Most state and municipal employees are compensated according to collective bargaining agreements. To the extent these employees choose to participate in the program there would be a cost equal to 5% of wages paid to the state and 2021HB-06443-R000638-FN.DOCX Page 4 of 5 municipalities. For illustrative purposes, the state and local payroll for unionized employees is approximately $4 billion and $8.6 billion, respectively. If all these employees participated in the program, there would be a cost of $200 million and $430 million to the state and municipalities, respectively. The bill designates any revenue collected under the Voluntary Wage Compensation Tax to the newly established Equitable Investment Fund, with the General Fund absorbing the negative revenue impact of resulting credits against the state income tax. 2 The preliminary fiscal note on the bill reflected a $50 million revenue target in FY 23 to the Equitable Investment Fund due to the new Voluntary Wage Compensation Tax, which (if achieved) would reduce General Fund revenue by an approximately equivalent amount. There is a potential net revenue loss and a potential net revenue gain to the two funds depending on the behavior of taxpayers who choose to take part in the program. The potential revenue loss is from participants whose income is reduced or who forgo an increase in income as a result of the program. 3 The potential revenue gain is from participants who are able to keep their income relatively flat or maintain scheduled increases. 4 Section 6 expands the existing estate tax reduction for decedents that made qualifying investments during their lifetimes. This could result in a significant, future state revenue loss to the extent that participation in the new program reduces tax liabilities under the estate tax. 2 Under the bill, participating employees and contractors would continue to be subject to the state income tax but with a credit equal to 95% of the new Voluntary Wage Compensation Tax paid by their employer. 3 The revenue loss is relatively small per participant, typically less than $100 per tax filer. 4 The potential revenue gain is a result of the state benefiting from providing a credit for payroll taxes paid of 95% (rather than 100%) which is worth .0025% of a participant’s income. For an average tax payer making $75,000 the benefit would be approximately $188 per tax filer. 2021HB-06443-R000638-FN.DOCX Page 5 of 5 Section 13 establishes the Connecticut Equitable Investment Fund (CEIF) as a permanent investment fund to receive, invest, and distribute specified tax revenue, including revenue from new taxes established in the bill (consumption tax, voluntary wage compensation tax, digital advertising services tax) as well as revenues potentially generated via other bills authorizing adult-use cannabis and online gaming. Under Section 5 of the bill, the state Earned Income Tax Credit (EITC) is to be funded through the CEIF at a rate equal to 40% of the federal EITC level. Costs to implement the tax provisions of the bill are estimated to total approximately $2.5 million in FY 22 and $1.9 million in FY 23. This includes $768,722 in FY 22 and $1.4 million in FY 23 in salary and fringe benefits costs for Revenue Agents, Revenue Examiners, and a Tax Appellate Officer, as well as one-time costs totaling $1.7 million in FY 22 and $500,000 in FY 23 for new tax type programming and information technology costs, after which the only ongoing costs would be for personnel. The annualized ongoing fiscal impact identified above would continue into the future subject to inflation. The Out Years Outyear impacts identified above.