Vermont 2023-2024 Regular Session

Vermont House Bill H0061

Introduced
1/18/23  

Caption

An act relating to an elective pass-through entity income tax and credit

Impact

This new tax structure is poised to alter the landscape of business taxation in Vermont notably. Supporters argue that it could provide fiscal relief for small businesses and encourage local entrepreneurship. As it introduces an unequitable tax burden primarily focused on pass-through entities, the bill has raised discussions around equity among different business structures. Furthermore, allowing credits for taxes paid in other states that have similar tax laws may enhance Vermont's attractiveness to such businesses. Critics of the bill, however, might highlight that the elective nature of the tax could lead to ambiguities and administrative complexities, particularly concerning compliance for multi-state businesses.

Summary

House Bill 0061 aims to establish an elective, entity-level income tax specifically for pass-through businesses, such as S corporations and partnerships, that operate in Vermont or earn income from Vermont-based sources. The proposed tax allows these entities to deduct the total amount of Vermont tax paid from their federal taxable income, thereby providing a dual benefit of federal tax relief alongside state tax compliance. Moreover, individual taxpayer-members of these pass-through entities would be eligible for a refundable tax credit of 90% against their individual income tax, based on the entity-level tax paid by the business. This initiative would help streamline tax obligations for pass-through businesses while incentivizing tax compliance at both state and federal levels.

Contention

Significant points of contention surrounding HB 0061 include concerns about how the bill affects business owners' tax liabilities and the potential revenue implications for the state. Opponents worry that the system of tax credits could encourage tax avoidance strategies among higher-income earners and create disparities between business types, potentially leading to a reduced tax base. This debate also extends to whether the bill adequately supports smaller entities or primarily benefits larger pass-through organizations. Overall, while the bill is designed to simplify and enhance the tax landscape for qualifying entities, its execution and the specifics of drawn-out discussions may need further clarification to address stakeholder concerns.

Companion Bills

No companion bills found.

Previously Filed As

VT S0045

An act relating to an elective pass-through entity income tax and credit

VT B26-0324

Pass-Through Entities Income Tax and Tax Credit on Certain S Corporations and Partnerships Amendment Act of 2025

VT HB1121

Income tax, state; pass-through entities, elective tax.

VT SB692

Income tax, state; pass-through entities, elective tax.

VT HB3245

Providing an election for pass-through entities to pay income tax at the entity level

VT SB240

Income Tax – Out–of–State Taxes Paid by Pass–Through Entities – Addition Modification

VT HB1456

Income tax, state; pass-through entities.

VT HB3559

Revenue and taxation; Pass-Through Entity Tax Act; election; income tax returns; effective date.

VT SB1476

Income tax, state; pass-through entities.

VT SB151

Levying tax on pass-through entity's income

Similar Bills

No similar bills found.