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 6668 NOTE PREPARED: Dec 27, 2023 BILL NUMBER: HB 1176 BILL AMENDED: SUBJECT: Investor Ownership of Single Family Residences. FIRST AUTHOR: Rep. Harris BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State XDEDICATED FEDERAL Summary of Legislation: This bill establishes the Housing Down Payment Assistance Fund. It establishes a tax of 50% of the fair market value of a single family residence for each single family residence acquired by an applicable taxpayer after the applicable date. The bill establishes a maximum number of single family residences that may be owned by an applicable taxpayer after the applicable date for purposes of calculating an annual tax on any excess single family residences. Effective Date: July 1, 2024. Explanation of State Expenditures: Housing Down Payment Assistance Fund: This bill establishes the Housing Down Payment Assistance Fund, which will be used for the purpose of providing down payment assistance to buyers purchasing single family residences. The fund will consist of payments received for taxes assessed and any reporting penalties related to the tax on single family residences owned by applicable taxpayers, which is also established by the bill. The fund will also consist of any federal funds received for the purpose of providing down payment assistance to buyers purchasing single family residences. The Indiana Housing and Community Development Authority will administer the fund, and expenses of administering the fund will be paid from money in the fund. Additionally, money in the fund at the end of a state fiscal year does not revert to the state General Fund. Indiana Housing and Community Development Authority (IHCDA): The bill will increase the administrative workload of the IHCDA since the agency will be required to administer the fund established by the bill and adopt rules necessary to establish eligibility requirements and protocols for awarding assistance to individuals seeking to purchase a single family residence. The bill requires these administrative expenditures to be paid for from the fund. HB 1176 1 Department of State Revenue (DOR): The DOR will experience an increase in administrative workload in order to implement the provisions in the bill related to the tax on single family residences owned by applicable taxpayers. The bill defines an applicable taxpayer as an entity that 1) manages funds pooled from investors; and (2) is a fiduciary with respect to these investors. The DOR will need to establish reporting requirements for the applicable taxpayers regarding their ownership of any single family residences, as well as the form that these taxpayers will use to calculate their taxes owed on those properties. The DOR will also be tasked with collecting any penalties associated with the applicable taxpayers failing to report the required information to the DOR. Explanation of State Revenues: Taxes on Single Family Residences Owned by Hedge Funds: Beginning for taxes payable in 2025, the bill establishes a tax on single family residences owned by applicable taxpayers. The tax for each single family residence acquired by an applicable taxpayer after the applicable date is an amount equal to 50% of the fair market value of the single family residence. The bill also establishes a graduated schedule for the maximum permissible level of units that can be owned by the applicable taxpayers and a formula for calculating the amount of tax owned by the taxpayer should the number of units exceed the maximum during a particular year on the schedule. The amount of revenue anticipated to be generated by this new tax is not readily determinable since the property assessment and property tax data provided by the counties do not clearly denote hedge fund ownership. Any revenue generated from this tax will be contingent upon the number of applicable taxpayers and the number of single family residences that they may own. Revenue from this tax will be deposited in the Housing Down Payment Assistance Fund. Reporting Penalty: The bill also establishes a penalty for the applicable taxpayers that fail to meet the reporting requirements for ownership of single family residences, which are to be specified by the DOR. A penalty in the amount of $20,000 is to be assessed against the applicable taxpayer and paid to the DOR. Any penalty revenue collected is to be transferred to the Housing Down Payment Assistance Fund. Explanation of Local Expenditures: Explanation of Local Revenues: State Agencies Affected: Indiana Housing and Community Development Authority; Department of State Revenue. Local Agencies Affected: Information Sources: Fiscal Analyst: James Johnson, 317-232-9869. HB 1176 2