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 6259 NOTE PREPARED: Dec 4, 2023 BILL NUMBER: SB 98 BILL AMENDED: SUBJECT: Dependent Child Exemptions. FIRST AUTHOR: Sen. Zay BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local DEDICATED FEDERAL Summary of Legislation: The bill provides that a fetus is considered a dependent child for purposes of the dependent child state adjusted gross income exemptions. Effective Date: January 1, 2024 (retroactive). Explanation of State Expenditures: Department of State Revenue (DOR): The DOR will incur additional expenses to revise tax forms, instructions, and software to reflect the changes made by the bill. The DOR's current level of resources should be sufficient to implement these changes. Explanation of State Revenues: The bill would reduce state individual income tax revenue to the General Fund by an estimated $4.6 M in FY 2025 and $4.5 M in FY 2026. It allows a personal exemption of $1,000 and a dependent child exemption of $1,500 for a fetus that is considered a dependent child under the bill. The bill would result in reducing state income tax revenues by $1.83 M from the increase in personal exemptions and $2.74 M from the increase in dependent child exemptions in FY 2025. Individual income tax is deposited in the state General Fund. The revenue impact will decrease over time as the state income tax rate declines annually through 2027 from 3.05% in tax year 2024 to 2.90% for tax year 2027. The revenue impact will also decrease if the number of births in Indiana continues to decline over time. Additional Information - Current law defines a fetus as an unborn child, irrespective of gestational age or the duration of the pregnancy. Approximately 80,000 births occurred in Indiana in 2021. About 60,000 of those births are estimated to occur between January and September. Under the bill, the parents of these individuals SB 98 1 could be able to claim an additional personal exemption and an additional dependent child exemption for the previous tax year. The exemptions will be effective beginning in tax year 2024. The fiscal impact will occur beginning in FY 2025. The number of births per year has been declining since 2007, which saw approximately 90,000 births in the state. On average the state has seen an average of 700 fewer births in the state each year between 2008 and 2021. The bill requires that for a fetus to be considered a dependent child for purposes of the exemptions, a taxpayer must submit a report from a radiologic imaging study reflecting the taxpayer's pregnancy during the taxable year with the taxpayer's annual state tax return or returns in the manner prescribed by the DOR. Explanation of Local Expenditures: Explanation of Local Revenues: Because the increase in the tax exemptions will decrease taxable income, counties imposing a Local Income Tax (LIT) would experience a decrease in revenue. Based on a weighted average LIT rate of 1.67%, the revenue loss is estimated to be about $2.5 M in FY 2025 and in FY 2026. The revenue loss in future years will be different depending on local tax rates and population growth. State Agencies Affected: Department of State Revenue. Local Agencies Affected: Information Sources: STATS Indiana. Vital Statistics. Indiana Births 2021, https://www.stats.indiana.edu/vitals/; Centers for Disease Control and Prevention, https://stacks.cdc.gov/view/cdc/117899 Fiscal Analyst: Camille Tesch, 317-232-5293. SB 98 2