LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington St., Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 6694 NOTE PREPARED: Dec 28, 2021 BILL NUMBER: SB 234 BILL AMENDED: SUBJECT: Child and Dependent Care Tax Credit. FIRST AUTHOR: Sen. Taylor G BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State DEDICATED FEDERAL Summary of Legislation: The bill provides a refundable child and dependent care tax credit to taxpayers whose adjusted gross income for the taxable year is not more than 250% of the federal poverty level. It provides that the credit is equal to the lesser of: (1) an amount ranging from $200 to $1,000, depending on the extent to which the taxpayer's adjusted gross income exceeds the federal poverty level; or (2) 20% of the taxpayer's employment related expenses. Effective Date: January 1, 2022 (retroactive). Explanation of State Expenditures: Department of State Revenue (DOR): The DOR will incur additional expenses to revise tax forms, instructions, and computer programs to enact the provisions in the bill. The DOR's current level of resources should be sufficient to implement these changes. Explanation of State Revenues: The bill creates a refundable state income tax credit for individuals with employment related expenses whose Indiana adjusted gross income (AGI) is not more than 250% of the federal poverty level (FPL). The tax credit will reduce the tax liability for individual taxpayers starting in tax year 2022. It would reduce state General Fund revenues between $115 M and $231 M annually beginning in FY 2023. The amount of the tax credit is 20% of the amount of employment related expenses incurred during the taxable year, up to a cap that depends on the taxpayer’s AGI. The bill establishes maximum credit amounts as follows: • Up to $1,000 for taxpayers with Indiana AGI of not more than 185% of the FPL • Up to $800 for taxpayers with Indiana AGI greater than 185% but not more than 201% of the FPL SB 234 1 • Up to $600 for taxpayers with Indiana AGI greater than 201% but not more than 217% of the FPL • Up to $400 for taxpayers with Indiana AGI greater than 217% but not more than 233% of the FPL • Up to $200 for taxpayers with Indiana AGI greater than 233% but not more than 250% of the FPL Taxpayers with Indiana AGI greater than 250% of the FPL in may not claim the tax credit even if they have employment related expenses. [The credits will reduce General Fund revenue equal to the amount of credits claimed.] Additional Information - The bill defines employment related expenses as the amount paid for the care of a qualifying individual and incurred to enable a taxpayer to be gainfully employed. The estimate uses 2019 individual income tax return data and the average annual cost of childcare in Indiana, which ranges from about $9,500 to $12,600. Costs likely vary outside that range depending on the specific age of the child, the location of the childcare provider, and for purposes of the credit, the amount of child care that qualifies as an employment related expense under the bill. The upper range of the estimate assumes that eligible taxpayers are claiming the full credit amount for which they may be eligible, and the lower estimate assumes that the balance of credits claimed will be lower than the maximum possible. Explanation of Local Expenditures: Explanation of Local Revenues: State Agencies Affected: Department of State Revenue. Local Agencies Affected: Information Sources: LSA Income Tax Database; 2021 Poverty Guidelines, U.S. Department of Health and Human Services; The cost of childcare in Indiana, Economic Policy Institute, epi.org. Fiscal Analyst: Olivia Smith, 317-232-9869. SB 234 2