COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:0684S.01I Bill No.:SB 105 Subject:Taxation and Revenue - Property Type:Original Date:February 7, 2023Bill Summary:This proposal reduces the assessment percentage of real property. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTED FY 2024FY 2025FY 2026Fully Implemented (FY 2028) General Revenue Fund $0$427,678$1,435,056 $3,908,525 Total Estimated Net Effect on General Revenue $0$427,678$1,435,056 $3,908,525 ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTED FY 2024FY 2025FY 2026Fully Implemented (FY 2028) Blind Pension Fund $0($702,055)($1,404,109)($2,808,219) Total Estimated Net Effect on Other State Funds $0($702,055)($1,404,109)($2,808,219) Numbers within parentheses: () indicate costs or losses. L.R. No. 0684S.01I Bill No. SB 105 Page 2 of February 7, 2023 KLP:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTED FY 2024FY 2025FY 2026Fully Implemented (FY 2028) Total Estimated Net Effect on All Federal Funds $0$0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTED FY 2024FY 2025FY 2026Fully Implemented (FY 2028) Total Estimated Net Effect on FTE 000$0 ☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ☒ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTED FY 2024FY 2025FY 2026Fully Implemented (FY 2028) Local Government*$0 Up to ($187,402,998) Up to ($374,805,996) Up to ($749,611,992) *Oversight notes local property tax revenues are designed to be revenue neutral from year to year. The tax levy is adjusted relative to the assessed value to produce roughly the same revenue from the prior year with an allowance for growth. Some taxing entities will be able to increase the tax rate levied on other property to make-up for the lost revenue from reduced assessments for residential property. L.R. No. 0684S.01I Bill No. SB 105 Page 3 of February 7, 2023 KLP:LR:OD FISCAL ANALYSIS ASSUMPTION Section 137.115 Residential Property Tax Officials from the Department of Revenue (DOR) note that currently residential property is assessed at a rate of 19% of appraised value to determine its assessed value. This proposal starting January 1, 2024 through December 31, 2026 would lower that rate by 1% per year, reducing the assessed value of the property. This would reduce the rate to 16% by December 31, 2026. Then on January 1, 2027, it would set the new permanent residential property assessment rate at 15%. The County Assessors and the State Tax Commission handle the assessment of personal property. DOR will defer to them for the fiscal impact of this provision on the counties. The Department notes that the constitutionally created Blind Pension Fund (Article III, Section 38(b)) receives $.03 for each $100 valuation of taxable property in the state of Missouri. Reducing the assessed rate will decrease the amount they receive. DOR defers to the Department of Social Services for the estimated loss of funding. The Department administers the Senior Property tax credit that gives seniors a tax credit for the amount of residential property tax paid or the amount of property tax paid as part of their rent. When residential property tax is reduced by this proposal, this would result in a savings to the state from some of these credits no longer being able to be claimed. Below is the amount claimed each of the last three years. Tax Year Number of Filers Amount Claimed 2019 149,941 $86,159,181 2020 142,947 $82,894,597 2021 131,235 $79,049,535 DOR is not able to determine exactly how much this will reduce what can be claimed due to the income limits also on the tax credits. However, since the new assessment rate is approximately 20% less than the current, assuming a same 20% decrease in use of the PTC program DOR could potentially see a savings of $15 million annually. DOR will show the impact as could exceed $1 million annually. Officials from the Office of Administration - Budget and Planning note this proposal reduces the real property assessment value percentage on subclass (1) property from 19% to 15% beginning with tax year 2024. B&P notes that subclass (1) real property is residential real property. For calendar years 2024 through 2027, the assessment percentage is reduced by 1% from the previous year’s percentage. Beginning with calendar year 2027, personal property is to be assessed at 15% of its true value. L.R. No. 0684S.01I Bill No. SB 105 Page 4 of February 7, 2023 KLP:LR:OD Based on data published by the U.S. Census Bureau, there were $3,573,996,000 in real residential property taxes paid in Missouri during 2021. Using data published by the State Tax Commission (STC) and the 2021 property tax levy audit report, B&P estimates that subclass (1) property makes up approximately 42.7% of all locally assessed property. B&P then used the above data to estimate a population weighted statewide local property tax levy. In addition, B&P notes that the Blind Pension Trust Fund has a property tax levy of $0.03 per $100 valuation. B&P further notes that property taxes are levied for a calendar year, with the taxes owed by December 31 st of that year. Therefore, a reduction to a tax year’s assessed value will impact collections for the following fiscal year. For example: tax year 2024 reduction will impact FY25 collections. B&P estimates that this proposal could reduce revenues to the Blind Pension Trust Fund by $702,055 and local property tax collections by $187,402,998 in FY25. Once fully implemented in FY28, this proposal could reduce revenues to the Blind Pension Trust Fund by $2,808,219 and local property tax collections by $749,611,992. Table 1 shows the estimated impact per year. Table 1: Estimated Impact per YearTax Year / Fiscal Year Estimated Local Loss Estimated Loss to Blind Pension Fund TY24 / FY25($187,402,998)($702,055)TY25 / FY26($374,805,996)($1,404,109)TY26 / FY27($562,208,994)($2,106,164)TY27/ FY28($749,611,992)($2,808,219) PTC Claims B&P notes that this proposal may also impact redemptions for the senior property tax credit (PTC). In tax year 2021, 64,463 homeowners claimed the PTC for a total of $40,572,458. However, the majority of homeowners pay more property taxes than the maximum credit amount allowed. Therefore, while this proposal may reduce real residential property taxes, it will not reduce PTC claims by a corresponding amount. Using data provided by DOR and the estimates shown above, B&P estimates that this provision may reduce PTC claims and increase GR by $427,678 in FY25. Once fully implemented, this proposal could increase GR by $3,908,525 annually. Table 2 shows the estimated impact per year. Table 2: Estimated impact to GR by Year Tax Year / Fiscal Year GR Gain TY24 / FY25$427,678 TY25 / FY26$1,435,056 TY26 / FY27$2,577,942 TY27/ FY28$3,908,525 L.R. No. 0684S.01I Bill No. SB 105 Page 5 of February 7, 2023 KLP:LR:OD Summary B&P estimates that this provision could reduce TSR by $274,377 in FY25. Once fully implemented, this proposal could increase TSR by $1,100,306 annually. Table 3 shows the estimated net state impact. Table 3: Net State ImpactTax Year / Fiscal Year Blind Pension Trust Fund General Revenue Net State Impact TY24 / FY25($702,055)$427,678 ($274,377) TY25 / FY26($1,404,109)$1,435,056 $30,947 TY26 / FY27($2,106,164)$2,577,942 $471,778 TY27/ FY28($2,808,219)$3,908,525 $1,100,306 Officials from the State Tax Commission note this proposal has a possible negative fiscal impact on local taxing jurisdictions such as school districts, counties, cities who rely on property tax assessments as a source of revenue. Under the criteria of SB 105, the percentage of true market value for residential properties in class 1 is reduced by 1% per year until the assessed value is 15% of the true market value. Using values for 2021 published on the State Tax Commission website, the residential assessed values accounts for 54.43% of the total assessment, which would equal $69,816,718,311.24. If the assessment percentage is reduced by 1%, the new assessed value for residential would be $66,142,154,189.60. The loss in assessed value would correlate to a loss in taxes collected of $256,484,575.68. It is not possible to calculate values for the following 3 years of reductions due to changes in assessment of residential properties and tax levy increases or rollbacks. Officials from the Department of Social Services assume Section 137.115 is amended to change the residential real property, as defined by 137.016 RSMo, tax rate as follows: For all calendar years ending on or before December 31, 2023 Nineteen percent of true value 2024 calendar yearEighteen percent of true value2025 calendar yearSeventeen percent of true value2026 calendar yearSixteen percent of true value2027 calendar yearFifteen percent of true value L.R. No. 0684S.01I Bill No. SB 105 Page 6 of February 7, 2023 KLP:LR:OD Blind Pension (BP) is funded from 0.03% of each $100 assessed valuation of taxable property. Reducing taxes on residential real property could impact the amount collected for the BP fund. According to the State Tax Commission Annual Report all property in the State of Missouri is $128,268,819,238. Per the Missouri State Tax Commission’s 2021 statistics, 54.43% of all property assessments were residential property which means that $69,816,718,311 ($128,268,819,238 * .5443) is the total assessment for residential real property. FSD made the assumption that this statute does not govern the assessment percentages of real property assessed by the tax commission (Centrally Assessed Companies). Therefore, any funds received for the BP fund from that source were not considered in the calculation of the fiscal impact of this legislation. Residential real property is currently assessed at 19% of true value in money. Therefore, $367,456,412,163 ($69,816,718,311/0.19) is the true value of residential property. This proposed legislation will affect he BP fund as follows: Calendar Year True Value of Residential Real Property Assessed at Current Rate of 19% Assessment Rate, as amended per year Amended Assessed Value of Real Residential Property Residential Real Property Tax Collections for the BP fund (0.03% of each $100 assessed) Reduction in Collections for the BP Fund 2023$367,456,412,16319%$69,816,718,311$20,945,015$02024$367,456,412,16318%$66,142,154,189$19,842,646$1,102,3692025$367,456,412,16317%$62,467,590,068$18,740,277$2,204,7382026$367,456,412,16316%$58,793,025,946$17,637,908$3,307,1082027$367,456,412,16315%$55,118,461,824$16,535,539$4,409,477 Therefore, FSD estimates that the fiscal impact to the BP fund as a result of this legislation would be $1,102,369 in SFY 24; $2,204,738 in SFY 25; $3,307,108 in SFY 26; $4,409,477 in SFY 27 and ongoing. If the state chooses to continue funding BP payments at the current level, a general revenue pickup would be needed to replace lost BP fund revenue resulting from this legislation. The current BP payment is $750 per participant. If enacted, the BP payment would be reduced by $532 to $218 without the replacement of funding. Officials from the Office of the Secretary of State (SOS) note many bills considered by the General Assembly include provisions allowing or requiring agencies to submit rules and regulations to implement the act. The Secretary of State’s office is provided with core funding to handle a certain amount of normal activity resulting from each year’s legislative session. The fiscal impact for this fiscal note to Secretary of State’s office for Administrative Rules is less L.R. No. 0684S.01I Bill No. SB 105 Page 7 of February 7, 2023 KLP:LR:OD than $5,000. The Secretary of State’s office recognizes that this is a small amount and does not expect that additional funding would be required to meet these costs. However, SOS also recognizes that many such bills may be passed by the General Assembly in a given year and that collectively the costs may be in excess of what their office can sustain with their core budget. Therefore, the Office of the Secretary of State reserves the right to request funding for the cost of supporting administrative rules requirements should the need arise based on a review of the finally approved bills signed by the governor. Officials from the City of Kansas City, City of Springfield, Newton County Health Department, St Louis County Health Department, and the Gasconade County Assessor each assume this proposal would have a negative fiscal impact on their respective cities of an indeterminate amount. Oversight notes the proposed reduction in the percentage at which real residential property is assessed could reduce the maximum allowed revenue growth (relative to current law) which could impact all taxing entities. Therefore, Oversight will note B&P’s estimated impact for all local political subdivisions on the fiscal note. Officials from the Office of the State Auditor assume the proposal will have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for this agency. Officials from the Lincoln County Assessor assume this proposal would cause a tax burden shift for taxing entities; do not expect the proposal to affect their duties or procedures. Local Political Subdivisions Oversight assumes this proposal reduces the percentage at which real residential property is assessed, effectively reducing the assessed value of real residential property over time. Oversight notes the revenue growth in property tax is determined by the following method: Last year’s revenues plus an allowance for growth equal to either: • Inflation; • Growth in total assessed value, or; • 5%, whichever is lowest. Oversight assumes if any reduction in the percentage at which real residential property is assessed would reduce the maximum allowed revenue growth (relative to current law) which could impact all taxing entities. For example: Year Assessed Value Real Assessed Value PP Total Assessed Value Real and PP Revenue Growth Factor Maximum Allowed Revenue L.R. No. 0684S.01I Bill No. SB 105 Page 8 of February 7, 2023 KLP:LR:OD Base Year (Assumed) $4,250,000,000$750,000,000$5,000,000,000$6,240,000 Current Law (Next Year) (19%) $4,377,500,000$772,500,000$5,150,000,0003%$6,427,200 Next Proposed (Next Year) (18%) $4,147,105,263$772,500,000$4,919,605,263-1.63%$6,138,028 Oversight applied a 3% growth in real and personal property. To calculate the proposed assessed value, Oversight reduced the 19% currently applied to real residential property values by the proposed 1% reduction in year one (19% - 1% = 18%). *Using the $4,250,000,000 assessed value for real property; Oversight calculated the full value of the real residential property: Full Value of real residential Property *.19 = $4,250,000,000 Full Value of real residential Property = $4,250,000,000 /.19 Full Value of real residential Property = $22,368,421,053 Using the full value of the real property, Oversight applied a growth rate of 3% and calculated the different assessed values below. $22,368,421,053 x 1.03$23,039,473,684Total RP Value w/Growth$23,039,473,684 x .19$4,377,500,000Assessed Value RP (Current Law)Or$23,039,473,684 x .18$4,147,105,263Assessed Value RP (Proposed Law) Oversight notes, in the example above, the proposal functionally eliminates the allowable increase in revenues attributable to growth. Revenues become fixed in time. However, Oversight notes the maximum allowed revenue would be lower than what could have been achieved under current law. Oversight notes the above example only includes the initial 1% reduction in assessed value and does not account for the implications of the three future reductions. Alternatively, if inflation or 5% is the lowest option for determining the maximum allowed revenue, the calculation of revenue growth may not be limited by the reduction in assessed personal property. However, Oversight notes property tax revenues are designed to be revenue neutral from year to year. The tax rate is adjusted relative to the assessed value to produce roughly the same revenue from the prior year with an allowance for growth. Therefore, this proposal may result in a higher tax rate relative to current law thus distributing more of the tax burden to personal property owners (as real property assessed values decrease). Oversight notes some taxing entities have tax rate ceilings that are at their statutory or voter approved maximum or are at a fixed rate. For these taxing entities, any decrease in the assessed L.R. No. 0684S.01I Bill No. SB 105 Page 9 of February 7, 2023 KLP:LR:OD values would not be offset by a higher tax rate (relative to current law), rather it would result in an actual loss of revenue. Based on information provided by the Office of the State Auditor, Oversight notes, in 2020, there were over 2,500 tax entities with 4,000 different tax rates. Of those entities, 2,980 tax rate ceilings were below the entities’ statutory or voter approved maximum tax rate and 1,098 tax rate ceilings were at the entities’ statutory or voter approved maximum rate. (These numbers do not include entities, which use a multi-rate method and calculate a separate tax rate for each subclass of property.) Oversight notes the Office of Administration - Budget and Planning assumes this proposal could reduce revenues to the Blind Pension Trust Fund and local property tax collections beginning in FY 2025. Oversight does not have information to the contrary and therefore, Oversight will reflect the estimates as provided by B&P to show the loss in property tax revenue for local political subdivisions and the Blind Pension Fund. Oversight notes that this proposal may also impact the amount of claims for the senior property tax credit. For the purpose of this fiscal note, Oversight will note B&P’s estimated impact for the revenue savings to general revenue from the reduced claims. FISCAL IMPACT – State Government FY 2024 (10 Mo.) FY 2025FY 2026Fully Implemented (FY 2028) GENERAL REVENUE Revenue Savings - §137.115 - Reduced Property Tax Credit Claims p. 4$0$427,678$1,435,056 $3,908,525 ESTIMATED NET EFFECT ON GENERAL REVENUE$0$427,678$1,435,056 $3,908,525 BLIND PENSION FUND Revenue Reduction - §137.115 - Reduced Real Residential Property Taxes p. 4$0($702,055)($1,404,109)($2,808,219) L.R. No. 0684S.01I Bill No. SB 105 Page 10 of 11 February 7, 2023 KLP:LR:OD ESTIMATED NET EFFECT ON BLIND PENSION FUND$0($702,055)($1,404,109)($2,808,219) FISCAL IMPACT – Local Government FY 2024 (10 Mo.) FY 2025FY 2026Fully Implemented (FY 2028) LOCAL POLITICAL SUBDIVISIONS Revenue Reduction - §137.115 - Reduced Real Residential Property Taxes p. 4$0 Up to ($187,402,998) Up to ($374,805,996) Up to ($749,611,992) ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS$0 Up to ($187,402,998) Up to ($374,805,996) Up to ($749,611,992) FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION Current law requires residential real property to be assessed at 19% of its true value in money. Beginning with the 2024 calendar year, this act reduces such percentage by one percent a year through the 2026 calendar year. Beginning with the 2027 calendar year, residential real property shall be assessed at 15% of its true value in money. 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 Office of Administration - Budget and Planning Department of Revenue Office of the Secretary of State L.R. No. 0684S.01I Bill No. SB 105 Page 11 of 11 February 7, 2023 KLP:LR:OD Office of the State Auditor State Tax Commission City of Kansas City City of Springfield Newton County Health Department St Louis County Health Department Lincoln County Assessor Gasconade County Assessor Julie MorffRoss StropeDirectorAssistant DirectorFebruary 7, 2023February 7, 2023