COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:0639S.01I Bill No.:SB 381 Subject:Taxation and Revenue - Income; Kansas City; Saint Louis City Type:Original Date:April 14, 2025Bill Summary:This proposal modifies provisions relating to earnings tax. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028General Revenue*UnknownUnknownUnknownTotal Estimated Net Effect on General RevenueUnknownUnknownUnknown *A reduction in earnings taxes collected by St. Louis City and Kansas City, would reduce the amount of deductions used in calculating Missouri’s state income tax, thereby increasing state income tax collections (or reducing state tax refunds). Oversight assumes the unknown revenue gain could exceed $250,000. 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. 0639S.01I Bill No. SB 381 Page 2 of April 14, 2025 NM: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 2028 Local Government* More or Less than ($58,500,000) More or Less than ($58,500,000) More or Less than ($58,500,000) *The fiscal impact depends on the number of taxpayers who live in and/or work in Opportunity Zones and qualify for the exemption of the earnings tax. L.R. No. 0639S.01I Bill No. SB 381 Page 3 of April 14, 2025 NM:LR:OD FISCAL ANALYSIS ASSUMPTION §92.205 – Earnings Tax Opportunity Zones Officials from the Office of Administration - Budget and Planning (B&P) assume this proposal would exempt all individual and business earnings from the earnings and payroll taxes levied by St. Louis City and Kansas City for certain areas beginning tax year 2025. B&P notes that this proposal would start tax year 2025 but become effective August 28, 2025 – in the middle of tax year 2025. B&P further notes that while earnings tax returns are not due until January of the next year, many city residents have the 1% tax withheld from their paychecks. B&P assumes that St. Louis City and Kansas City will be required to refund any withheld earnings collections received from January 2025 through August 2025. To qualify, an area must be in an opportunity zone, with median income under 70% of the metropolitan statistical area (MSA) and with a poverty rate of 20% or higher. B&P is unable to determine how much of either city’s earnings, payroll, and profit taxes are derived from qualifying areas. For the purpose of this fiscal note, B&P will show the potential impact as “up to” the total amount of taxes collected. B&P notes that the actual impact may be significantly less. Based on data published by St. Louis City 1 , in FY23 the city collected $173,595,000 in individual earnings tax and $107,431,000 in business earnings/payroll taxes. Based on data published by Kansas City 2 , in FY24 the city collected $252,728,000 in earnings tax and $73,766,000 in profits tax. B&P notes that individuals and businesses can deduct the taxes paid to the city on their Missouri state income tax. Based on 2022 tax return data, B&P determined that 28.8% of individual itemize their return. For the purpose of this fiscal note, B&P assumes that 100% of businesses also deduct these taxes. In addition, B&P apportioned out the taxes paid by businesses between corporations (49.7%) and pass-through (50.3%) businesses, based on annual payroll data published by the U.S. Census Bureau, in order to determine the correct state income tax rate. Therefore, B&P estimates that this proposal could increase GR by up to $13,431,413 to $13,859,231 (depending on the individual income tax rate applied). This proposal could reduce revenues to St. Louis City by up to ($281,026,000) and revenues to Kansas City by up to ($326,494,000). Table 1 shows the estimated impact by local tax. Table 2 shows the estimated impact to GR by tax/fiscal year. 1 https://www.stlouis-mo.gov/government/departments/comptroller/investor-relations/city-information/Current- CAFR.cfm, FY23 CAFR – Table 9, page 216 2 https://drive.google.com/drive/folders/1AMRH4z6Mbjr6LRmEcOFiYUfkaZ-An4CT, FY24 CAFR – Table 9, page 422-423 L.R. No. 0639S.01I Bill No. SB 381 Page 4 of April 14, 2025 NM:LR:OD Table 1: Estimated Impact by Tax GR ImpactSt. Louis CityLowHigh Local Impact Individual Earnings TaxUp to$2,249,791 $2,349,782 Up to($173,595,000)Business Earnings Tax Up to$2,500,454 $2,559,612 Up to($58,814,000)Payroll TaxUp to$2,269,681 $2,318,582 Up to($48,617,000)Total St. Louis CityUp to$7,019,926 $7,227,976 Up to($281,026,000) Kansas City Earnings TaxUp to$3,275,355 $3,420,926 Up to($252,728,000)Profits TaxUp to$3,136,132 $3,210,329 Up to($73,766,000)Total Kansas CityUp to$6,411,487 $6,631,255 Up to($326,494,000) Estimated ImpactUp to$13,431,413 $13,859,231 Up to($607,520,000) Table 2: Estimated GR Impact by YearTax Rate2025 (FY26)2026 (FY27)2027 (FY28)2028 (FY29) 4.70%$13,859,231 $13,859,231 $13,859,231 $13,859,231 4.60% $13,645,322 $13,645,322 $13,645,322 4.50% $13,431,413 $13,431,413 *Up to the estimates shown. Officials from the Department of Revenue (DOR) state currently the City of Kansas City and the City of St. Louis are allowed to assess an “earnings tax” on citizens or businesses working in their city limits. The tax rate is 1%. Information published by these cities indicates that in FY 2023, the City of St. Louis collected $173,595,000 in individual earnings tax and $107,431,000 in business earnings/payroll taxes. Kansas City collected $252,728,000 in earnings tax and $73,766,000 in profit tax. Beginning with tax years starting January 1, 2025, this would allow all individuals and businesses in a “earnings tax opportunity zone” to be exempt from paying the earning tax to their city. It should be noted that this proposal would not become effective until August 28, 2025, but is attempting to make this exemption retroactive to January 1, 2025. It should be noted that while earnings tax is not due until the following January, many of the required payors ask to have money withheld monthly to make the payments. This could result in Kansas City and St. Louis needing to refund earnings tax already collected from January 1, 2025, to August 28, 2025. DOR is unable to determine which businesses or citizens currently live or work in one of these “earnings tax opportunity zones”. For fiscal note purposes only, DOR will show the impact up to the total amount of taxes these cities currently collect. L.R. No. 0639S.01I Bill No. SB 381 Page 5 of April 14, 2025 NM:LR:OD Taxes paid to state and local government can be itemized on a taxpayer’s individual income tax return. Using DOR’s internal individual income tax system, DOR was able to determine that approximately 28.8% of all people itemize. For fiscal note purposes, DOR will be assuming that 100% of the eligible companies would be exempt. Using DOR’s confidential income tax data, DOR knows that DOR can apportion the business funding to 50.3% to corporations and 49.7% to pass-through businesses. DOR notes this proposal could reduce revenues to St. Louis City up to ($281,026,000) and revenues to Kansas City up to ($326,494,000). When the citizens and businesses no longer owe this tax to the cities, they will no longer be able to subtract it off their MO individual income tax return. Therefore, general revenue may see an increase up to $13,431,413 to $13,859,231 (depending on the individual income tax rate applied). SB 3 adopted in 2022 allows the individual income tax rate to decrease based on certain revenue triggers being met. Currently for tax year 2025 the rate is 4.7% but can drop to 4.5% over a period of years. DOR will show the impact over the rate decreases of SB 3. Table 1 shows the estimated impact by local tax. Table 1: Estimated Impact by Tax GR Impact St. Louis CityLowHighLocal ImpactIndividual Earnings TaxUp to$2,249,791 $2,349,782 Up to($173,595,000)Business Earnings Tax Up to$2,500,454 $2,559,612 Up to($58,814,000)Payroll TaxUp to$2,269,681 $2,318,582 Up to($48,617,000)Total St. Louis CityUp to$7,019,926 $7,227,976 Up to($281,026,000) Kansas City Earnings TaxUp to$3,275,355 $3,420,926 Up to($252,728,000)Profits TaxUp to$3,136,132 $3,210,329 Up to($73,766,000)Total Kansas CityUp to$6,411,487 $6,631,255 Up to($326,494,000) Estimated ImpactUp to$13,431,413 $13,859,231 Up to($607,520,000) Table 2 shows the estimated impact to GR by tax/fiscal year. Table 2: Estimated GR Impact by YearTax Rate 2025 (FY26) 2026 (FY27) 2027 (FY28) 2028 (FY29) 4.70%$13,859,231 $13,859,231 $13,859,231 $13,859,231 4.60% $13,645,322 $13,645,322 $13,645,322 4.50% $13,431,413 $13,431,413 *Up to the estimates shown. L.R. No. 0639S.01I Bill No. SB 381 Page 6 of April 14, 2025 NM:LR:OD Officials from the City of St. Louis assume this proposal would eliminate the Earnings Tax on individuals working and businesses operating within defined Opportunity Zone Clusters and qualified census tracts as defined under respective U.S. codes. No actual earnings tax data from these portions of the City are currently available. However, estimates can be made drawing upon data from the 2018-2022 American Community Survey 5-year estimates published by the U.S. Census Bureau. Based on this survey data there are 27 census tracts which would fall under the proposed zones with an estimated annual income total of over $1.4 billion. This does not include businesses operating in these areas. With the Earnings tax at 1%, the potential loss in revenue could be expected to be a minimum of $15 million per year. Adding significantly to this loss however, is the pending relocation of the National Geospatial Intelligence Agency (NGA) from its current location in the Soulard Neighborhood of the City into one of these impacted census tracts. The NGA project is a $1.7 billion construction project serving as a catalytic development to the region, City and the surrounding neighborhoods. This development was made possible in part by a cooperative funding agreement between the City and State of Missouri that secured the retention of this key employer with over 3,100 workers within the City and State. The equivalent of the Earnings taxes generated by the employees of NGA was utilized as a basis of the financing agreement and the elimination of these revenues would undermine the spirit of this agreement. In 2021, it was estimated that the Earnings Tax receipts generated by NGA workers in the City totaled $3.5 million. As the NGA relocation is anticipated to be completed in 2026, these revenues would also be lost under the legislative proposal. Total combined loss would be in the range of $20 million annually. L.R. No. 0639S.01I Bill No. SB 381 Page 7 of April 14, 2025 NM:LR:OD Oversight notes the following map represents the geographies within St. Louis City that would be impacted by this proposal. Officials from the City of St. Louis note the Earnings Tax is the City’s single largest source of revenue, amounting to over a third of the General Fund budget. Total net receipts in FY24 were just under $225.7 million. The proposed legislation would eliminate the tax within targeted census tracts and the potential loss of City revenue would be significant – having a negative impact on the City’s credit and fiscal condition and impairing the City’s ability to provide basic City services. L.R. No. 0639S.01I Bill No. SB 381 Page 8 of April 14, 2025 NM:LR:OD As a way of illustration – a potential loss of $20 million of annual Earnings Tax revenue would be: - Over 12% of the total FY24 general fund budget of the Police Department at $164.4 million. Or: - Over 25% of the Fire Department budget of $74.1 million Or about the equivalent of these other City services: - Forestry Division – Trimming/Weed & Debris - $9.3 million - Park Maintenance - $10.6 million Or: - Street Maintenance & Repair - $9.7 million - Traffic & Street Lighting - $11.7 million Officials from Kansas City state this proposal would have an estimated negative fiscal impact of $38.5 million for the City of Kansas City and an estimated negative fiscal impact of $9.625 million for the Kansas City Police Department. Oversight assumes that St. Louis City would have a $20 million revenue loss from eliminating the Earnings Tax on Opportunity Zones in distressed communities for this proposal. Oversight also assumes KC will have a $38.5 million revenue loss from eliminating the Earnings Tax on Opportunity Zones in distressed communities from this proposal. Therefore, Oversight will reflect a $58.5 million total revenue loss to local governments for this proposal starting in FY26. Oversight will show an unknown revenue gain to general revenue starting in FY 2026 that could exceed $250,000 if some taxpayers no longer deduct the earnings tax from their state income tax. Oversight notes that taxpayers who paid earnings taxes from January 2025 to August 2025 would have a potential refund from Kansas City and St. Louis City since the legislation would not go into effect until August 28, 2025. Oversight has no information on how much that refund would be from Kansas City and St. Louis City, but will assume the refund from these two cities would occur in FY26. Officials from the Department of Economic Development 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. L.R. No. 0639S.01I Bill No. SB 381 Page 9 of April 14, 2025 NM:LR:OD FISCAL IMPACT – State GovernmentFY 2026 (4 Mo.) FY 2027FY 2028GENERAL REVENUERevenue Gain – calculation of deductions relating to earnings tax that can no longer be itemized on state taxes §92.205 p. 8UnknownUnknownUnknown ESTIMATED NET EFFECT ON GENERAL REVENUE*UnknownUnknownUnknown *Oversight assumes the unknown revenue gain could exceed $250,000. FISCAL IMPACT – Local GovernmentFY 2026 (4 Mo.) FY 2027FY 2028ST. LOUIS CITY & KANSAS CITYRevenue Loss – St. Louis City - potential loss in revenue from eliminating the Earnings Tax on Opportunity Zones in distressed communities §92.205 p. 8 More or Less than ($20,000,000) More or Less than ($20,000,000) More or Less than ($20,000,000) Revenue Loss – Kansas City - potential loss in revenue from eliminating the Earnings Tax on Opportunity Zones in distressed communities §92.205 p. 8 More or Less than ($38,5000,000) More or Less than ($38,500,000) More or Less than ($38,500,000) ESTIMATED NET EFFECT ON ST. LOUIS CITY AND KANSAS CITY FUNDS More or Less than ($58,500,000) More or Less than ($58,500,000) More or Less than ($58,500,000) FISCAL IMPACT – Small Business Small businesses who are in an Earnings Tax Opportunity Zone could have an impact as a result of this proposal. L.R. No. 0639S.01I Bill No. SB 381 Page 10 of 10 April 14, 2025 NM:LR:OD FISCAL DESCRIPTION This act provides that earnings tax shall not be imposed upon the salaries of residents of or persons performing work in an earnings tax opportunity zone, nor on the net profits of businesses performing work in an earnings tax opportunity zone. An earnings tax opportunity zone is defined as an opportunity zone cluster of qualified census tracts organized within a distressed community, as such terms are defined in the act. 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 St. Louis City Kansas City Department of Economic Development Julie MorffJessica HarrisDirectorAssistant DirectorApril 14, 2025April 14, 2025