COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:0486S.01I Bill No.:SB 126 Subject:Tax Credits Type:Original Date:January 15, 2025Bill Summary:This proposal modifies provisions relating to benevolent tax credits. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028General Revenue Fund* Could exceed ($6,280,831) Could exceed ($6,280,831) Could exceed ($6,280,831) Total Estimated Net Effect on General Revenue Could exceed ($6,280,831) Could exceed ($6,280,831) Could exceed ($6,280,831) *Oversight reflects the reduction in GR due to changes in Section(s) 32.100-32.125 & 135.460, increasing the redemption percentage from current percentages up to70%. Oversight notes the overall changes will not have an effect beyond currently established maximum cap(s) for the impacted tax credits. ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net Effect on Other State Funds $0$0$0 Numbers within parentheses: () indicate costs or losses. L.R. No. 0486S.01I Bill No. SB 126 Page 2 of January 15, 2025 BB:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net Effect on All Federal Funds $0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net Effect on FTE 000 ☒ 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 AFFECTEDFY 2026FY 2027FY 2028Local Government$0$0$0 L.R. No. 0486S.01I Bill No. SB 126 Page 3 of January 15, 2025 BB:LR:OD FISCAL ANALYSIS ASSUMPTION Section 32.115 - Affordable Housing and Neighborhood Assistance Program Officials from the Office of Administration – Budget & Planning (B&P) note: This proposal would increase the value of the affordable housing and neighborhood assistance tax credits to 70% of each contribution. B&P notes that the three-year average redemption amount for affordable housing was $5,849,540 and the three-year average redemption amount for neighborhood assistance was $8,786,859 from FY22 - FY24. B&P further notes that had the tax credits been set at 70% of donations, redemptions would have been $7,444,870 for affordable housing and $12,301,602 for neighborhood assistance. Therefore, this provision could reduce GR by $5,110,073 annually beginning in FY26. Officials from the Department of Revenue (DOR) note: Neighborhood Assistance Tax Credit Program This proposal also changes the Neighborhood Assistance Tax Credit program. The Neighborhood Assistance Tax Credit program has a $16 million cap with the credit based on 50% of the contribution made. For informational purposes they are providing the amount authorized, issued and redeemed for this credit. YearAuthorizedIssued Total Redeemed FY 2024$12,804,707.00$10,200,112.00$9,185,734.75FY 2023$15,028,834.00$12,330,085.00$9,107,306.80FY 2022$12,673,134.00$11,113,005.75$8,067,535.14FY 2021$11,924,548.00$9,048,913.00$8,623,742.15FY 2020$13,890,324.00$8,703,761.00$9,471,230.74FY 2019$15,035,823.00$10,377,614.00$8,947,215.78FY 2018$14,981,906.00$12,367,630.00$10,922,806.90FY 2017$14,041,962.00$14,490,650.00$14,831,654.17FY 2016$13,553,852.00$13,761,480.00$10,318,970.97 L.R. No. 0486S.01I Bill No. SB 126 Page 4 of January 15, 2025 BB:LR:OD FY 2015$15,974,536.00$11,435,785.00$8,230,285.75FY 2014$11,513,379.00$9,640,126.00$10,848,983.24FY 2013$14,996,900.00$10,144,225.00$7,392,112.96FY 2012$11,577,412.00$8,493,103.00$9,757,094.83 This proposal increases the percentage of the contribution from 50% to 70% for the amount of the tax credit a person receives. An increase of $3,514,744. It is unclear if this would encourage more taxpayers to contribute and claim the tax credit. The three-year average of the redemptions of the program has been $8,786,859. However, since this program has an annual cap, it is not expected to result in any additional impact to the state. Affordable Housing Tax Credit The Affordable Housing Tax Credit program currently provides a tax credit for 55% of a contribution made. The credit currently has an $11 million cap. For informational purposes DOR is providing the amount authorized, issued and redeemed for this credit. YearAuthorizedIssued Total Redeemed FY 2024$2,769,394.00$5,263,913.00$5,211,902.60FY 2023$8,932,400.00$4,174,401.00$8,716,793.01FY 2022$4,835,176.00$10,482,025.00$3,619,925.08FY 2021978,796.00$3,592,427.00$4,119,705.33FY 2020$10,971,408.00$4,510,701.00$4,025,790.93FY 2019$4,253,693.00$3,308,659.00$5,001,344.36FY 2018$4,676,726.00$6,145,103.00$4,752,091.91FY 2017$10,347,442.00$7,386,034.00$10,172,259.92FY 2016$10,988,370.00$13,171,092.00$8,484,672.81FY 2015$10,901,753.00$8,717,177.00$3,358,807.75FY 2014$8,197,923.00$4,844,279.00$5,620,749.73FY 2013$6,495,974.00$4,967,887.00$7,406,987.96FY 2012$4,871,580.00$5,990,591.00$5,629,465.92 L.R. No. 0486S.01I Bill No. SB 126 Page 5 of January 15, 2025 BB:LR:OD This proposal increases the percent of the contribution from 55% to 70% for the amount of the tax credit a person receives. An increase of $1,595,329. It is unclear if this would encourage more taxpayers to contribute and claim the tax credit. The three-year average of the redemptions of the program has been $5,849,540. However, since this program has an annual cap, it is not expected to result in any additional impact to the state. Officials from the Department of Economic Development (DED) note: This program currently provides a tax credit for 55% of a contribution made with a $11 million cap. This proposal increases the percentage from 55% to 70% for amount of the tax credit. This change could encourage more people to participate in this program. The three-year average of the redemptions of the program has been $5,849,540. Increasing the percent to 70% would have resulted in $7,444,870 in issued tax credits. Resulting in a total increase of $1,595,330. The increased percent could result in more contributions, but MHDC does not have any information as to how many more contributions would be made. Since the increased amount is lower than the current cap of $11 million, this is not expected to have any additional impact to the state. FY 2022 ACTUAL FY 2023 ACTUAL FY 2024 ACTUAL 3-Year Average Certificates Issued (#)298203173225Projects/Participants (#)48444546Amount Authorized $4,835,176$8,932,400 $2,769,394 $5,512,323 Amount Issued $10,482,025 $4,174,401 $5,263,913 $6,640,113 Amount Redeemed $3,619,925 $8,716,793 $5,211,903 $5,849,540 DED notes the actual figures produced from most recent AHAP Form 14 shows the 3 year average redemption was $5,849,540.33. Therefore, 70% tax credit would have allowed for a total of $7,444,869.52 in the same period. Oversight notes Section 32.100 to 32.125 “Neighborhood Assistance Act” provides assistance to community-based organizations that enable them to implement community or neighborhood projects in the areas of community service, education, crime prevention, job training and physical revitalization. There is a cumulative maximum cap of $32 million annually with individual program caps as follows: a) Section(s) 32.115 – Affordable Housing Assistance Program (AHAP) up to the same $10 million cap. (If other tax credits, within the section, are not fully utilized this section can draw an additional $1 million allowing the cap to reach $11 million annually – as per Section 32.115 4.). b) Section 32.115 – Neighborhood Assistance Program (NAP with a maximum cap of $16 million. L.R. No. 0486S.01I Bill No. SB 126 Page 6 of January 15, 2025 BB:LR:OD Oversight notes the AHAP program expenditures as follow: FY 2022 ACTUALFY 2023 ACTUALFY 2024 ACTUALCertificates Issued (#)298 203 173 Projects/Participants (#)48 44 45 Amount Authorized$4,835,176 $8,932,400 $2,769,394 Amount Issued$10,482,025 $4,174,401 $5,263,913 Amount Redeemed$3,619,925 $8,716,793 $5,211,903 DED Form 14 Oversight notes the Affordable Housing Assistance Tax Credit Program (AHAP) is an incentive for businesses and qualified individuals in Missouri to participate in the production of affordable housing for low-income families. The credit can be used by a business or qualified individual as a reduction in their state tax obligation. To receive the AHAP credit, a business or qualified individual must donate cash, professional services, or real or personal property to a non-profit organization whose primary purpose is to provide affordable housing for low-income families. Oversight notes the 3-year average redemption was $5,849,540 at 55% contribution tax credit. Oversight notes the 70% contribution tax credit would allow for a total of $7,444,870 in the same period. Oversight notes that the difference between 55% and 70% contribution redemption would total to $1,595,329 ($7,444,870 - $5,849,540). Oversight notes this proposal does not change the $11 million maximum cap for AHAP, instead increases the percentage of the contribution from 55% to 70% for the amount of the tax credit. This will allow for those who claim the tax credit receive greater amount of funds, but will not affect the overall maximum cap available under the proposal. Therefore, for the purpose of this fiscal note, Oversight will reflect only the credit difference of $1,595,329 to the general revenue in the fiscal note. Oversight notes the NAP program expenditures as follow: FY 2022 ACTUALFY 2023 ACTUALFY 2024 ACTUALCertificates Issued (#)1,371 1,387 1,245 Projects/Participants (#)65 71 66 Amount Authorized$12,673,134 $15,028,834 $12,804,707 Amount Issued$11,113,006 $12,330,085 $10,200,112 Amount Redeemed$8,067,535 $9,107,307 $9,185,734 DED Form 14 Oversight notes the 3-year average redemption was $8,786,859 at 50% contribution tax credit. L.R. No. 0486S.01I Bill No. SB 126 Page 7 of January 15, 2025 BB:LR:OD Oversight notes the 70% contribution tax credit would have allowed for a total of $12,301,602 in the same period. Oversight notes the difference between 50% and 70% contribution redemption would total to $3,514,743 ($12,301,602 -$8,786,859). Oversight notes this proposal does not change the $16 million maximum cap for NAP, instead increases the percentage of the contribution from 50% to 70% for the tax credit. This will allow for those who claim the tax credit to receive a greater amount of funds but will not affect the overall maximum available cap, under the proposal. Therefore, for the purpose of this fiscal note, Oversight will reflect only the credit difference of $3,514,743 to the general revenue in the fiscal note. Section 135.460 – Youth Opportunities Tax Credit Officials from the Office of Administration – Budget & Planning (B&P) note: This proposal would increase the value of the youth opportunities tax credit to 70% of each contribution. B&P notes that the three-year average redemption amount was $2,926,896 from FY22 – FY24. B&P further notes that had the tax credits been set at 70% of donations, redemptions would have been $4,097,655. Therefore, B&P estimates that this provision could reduce GR by $1,170,759 annually beginning in FY26. Officials from the Department of Revenue (DOR) note: This proposal also changes the Youth Opportunities Tax Credit program. The Youth Opportunities tax credit program has a $6 million cap with the credit based on 50% of the contribution made. For informational purposes DOR is providing the amount authorized, issued and redeemed for this credit. L.R. No. 0486S.01I Bill No. SB 126 Page 8 of January 15, 2025 BB:LR:OD YearIssued Total Redeemed FY 2024$9,756,101.00$4,706,331.00$3,468,054.65FY 2023$2,247,858.00$4,139,385.00$2,987,947.79FY 2022$5,706,067.00$3,039,904.00$2,324,687.48FY 2021$5,288,870.00$1,983,794.00$4,084,410.34FY 2020$1,212,623.00$4,086,770.50$5,217,305.77FY 2019$5,169,666.00$5,822,539.00$4,040,657.57FY 2018$6,826,426.00$5,726,775.00$4,818,711.26FY 2017$5,642,936.00$6,349,945.00$5,451,135.04FY 2016$6,375,728.00$5,411,972.00$4,706,636.11FY 2015$7,041,012.00$5,325,506.00$4,247,824.65FY 2014$5,941,601.50$5,080,128.00$5,239,666.42FY 2013$5,609,784.00$5,571,555.00$3,906,262.62FY 2012$5,843,692.62$4,152,310.83$4,979,894.20 This proposal increases the percent of the contribution from 50% to 70% for the amount of the tax credit a person receives. An increase of $1,170,759. It is unclear if this would encourage more taxpayers to contribute and claim the tax credit. The three-year average of the redemptions of the program has been $2,926,897. However, since this program has an annual cap, it is not expected to result in any additional impact to the state. Oversight notes the YOP program expenditures as follow: FY 2021 ACTUALFY 2022 ACTUALFY 2023 ACTUALCertificates Issued (#)974 1,504 1,559 Projects/Participants (#)36 13 57 Amount Authorized$5,706,067 $2,247,858 $9,756,101 Amount Issued$3,039,904 $4,139,385 $4,706,331 Amount Redeemed$2,324,687 $2,987,948 $3,468,054 DED Form 14 L.R. No. 0486S.01I Bill No. SB 126 Page 9 of January 15, 2025 BB:LR:OD Oversight notes the YOP is a contribution tax credit program, which broadens and strengthens opportunities for positive development and participation in community life for youth and discourages criminal and violent behavior. Individuals, businesses, and corporations having tax liability in Missouri are eligible to receive tax credits for qualified donations to approved YOP projects. Oversight notes the 3-year average redemption was $2,926,896 at 50% contribution percentage tax credit. Oversight notes the 70% contribution tax credit would allow for a total of $4,097,655 in the same period. Oversight notes that the difference between 50% and 70% contribution redemption would total to $1,170,759 ($4,097,655 -$2,926,896). Oversight notes this proposal does not change the $6 million maximum YOP cap, instead it increases the percentage of the contribution from 50% to 70% for the amount of the tax credit. This will allow for those who claim the tax credit receive greater amount of funds, but will not affect the overall maximum cap available under the proposal. Therefore, for the purpose of this fiscal note, Oversight will reflect only the credit difference of $1,170,759 to the general revenue in the fiscal note for the YOP tax credit. Overall bill: Officials from the DOR assume the Department will need to update their computer programs (1,832) and forms ($2,200) for each credit. DOR estimates the total cost of the changes at $12,096. Oversight assumes the Department of Revenue (DOR) is provided with core funding to handle a certain amount of activity each year. Oversight assumes DOR could absorb the administrative costs related to this proposal. If multiple bills pass which require additional staffing and duties at substantial costs, DOR could request funding through the appropriation process. Officials fromthe Department of Commerce and Insurance (DCI) note a potential unknown decrease of premium tax revenues (up to the tax credit limit established in the bill) in FY2026, FY2027, and FY2028 as a result of the modification of provisions relating to benevolent tax credits. Premium tax revenue is split 50/50 between General Revenue and County Foreign Insurance Fund except for domestic Stock Property and Casualty Companies who pay premium tax to the County Stock Fund. The County Foreign Insurance Fund is later distributed to school districts throughout the state. County Stock Funds are later distributed to the school district and county treasurer of the county in which the principal office of the insurer is located. It is unknown how each of these funds may be impacted by tax credits each year and which insurers will qualify for the modified tax credit. L.R. No. 0486S.01I Bill No. SB 126 Page 10 of 12 January 15, 2025 BB:LR:OD Oversight notes, for purposes of this fiscal note, the fiscal note does not reflect the possibility that some of the tax credits could be utilized against insurance premium taxes. If this occurs, the loss in tax revenue would be split between the General Revenue Fund and the County Foreign Insurance Fund, which ultimately goes to local school districts. Rule Promulgation Officials from the Joint Committee on Administrative Rules assume this proposal is not anticipated to cause a fiscal impact beyond its current appropriation. 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 SOS 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 the SOS for Administrative Rules is less than $5,000. The SOS recognizes that this is a small amount and does not expect that additional funding would be required to meet these costs. However, the 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 the office can sustain with its core budget. Therefore, the SOS 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. FISCAL IMPACT – State GovernmentFY 2026 (10 Mo.) FY 2027FY 2028GENERAL REVENUE FUND Revenue Reduction – Section 32.100 – 32.125 – Neighborhood Assistance Program NPA (change in credit from 50% to 70%) p.7 Could exceed ($3,514,743) Could exceed ($3,514,743) Could exceed ($3,514,743) Revenue Reduction – Section 32.115 – Affordable Housing Assistance Program AHAP (change in credit from 55% to 70%) p.6 Could exceed ($1,595,329) Could exceed ($1,595,329) Could exceed ($1,595,329) Revenue Reduction – Section 135.460 – Youth Opportunity Program YOP (change in credit from 50% to 70%) p.9 Could exceed ($1,170,759) Could exceed ($1,170,759) Could exceed ($1,170,759) ESTIMATED NET EFFECT ON GENERAL REVENUE FUND Could exceed ($6,280,831) Could exceed ($6,280,831) Could exceed ($6,280,831) L.R. No. 0486S.01I Bill No. SB 126 Page 11 of 12 January 15, 2025 BB:LR:OD FISCAL IMPACT – Local GovernmentFY 2026 (10 Mo.) FY 2027FY 2028$0$0$0 FISCAL IMPACT – Small Business Small businesses that qualify for the credit may be positively impacted as a result of this proposal. FISCAL DESCRIPTION This act modifies provisions relating to benevolent tax credits. NEIGHBORHOOD ASSISTANCE TAX CREDITS Current law authorizes multiple tax credits for contributions made to and investments made for the purposes of providing physical revitalization, economic development, job training or education for individuals, community services, crime prevention, and affordable housing assistance, with such tax credits being equal to varying percentages of the contributions or investments made. This act sets each tax credit equal to 70% of the amount of such contributions or investments. (Section 32.115) YOUTH OPPORTUNITIES AND VIOLENCE PREVENTION TAX CREDIT Current law authorizes a tax credit in the amount of 50% of contributions made to certain youth programs. This act increases such tax credit to 70% of the amount of such contributions made. (Section 135.460) This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. L.R. No. 0486S.01I Bill No. SB 126 Page 12 of 12 January 15, 2025 BB:LR:OD SOURCES OF INFORMATION Department of Revenue Office of Administration – Budget & Planning Department of Economic Development Department of Commerce and Insurance Office of the Secretary of State Joint Committee on Administrative Rules Julie MorffJessica HarrisDirectorAssistant DirectorJanuary 15, 2025January 15, 2025