1 | 1 | | BILL AS INTRODUCED S.104 |
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2 | 2 | | 2025 Page 1 of 61 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | VT LEG #381212 v.3 |
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6 | 6 | | S.104 1 |
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7 | 7 | | Introduced by Senator Vyhovsky 2 |
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8 | 8 | | Referred to Committee on 3 |
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9 | 9 | | Date: 4 |
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10 | 10 | | Subject: Education; State funding of public education; taxation and finance; 5 |
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11 | 11 | | education property tax; education income tax; education finance 6 |
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12 | 12 | | Statement of purpose of bill as introduced: This bill proposes to transition 7 |
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13 | 13 | | from an education property tax to an education income tax in fiscal year 2027. 8 |
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14 | 14 | | This bill would create an education tax that is based on the income of Vermont 9 |
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15 | 15 | | homeowners with a rate determined by locally voted budgets. This bill 10 |
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16 | 16 | | proposes to impose the education tax on the income of all Vermont residents 11 |
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17 | 17 | | (both homeowners and renters) in fiscal year 2030. This bill would eliminate 12 |
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18 | 18 | | the homestead education property tax and levy the nonhomestead education 13 |
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19 | 19 | | property tax on all property except residential dwellings and the two-acre 14 |
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20 | 20 | | parcel surrounding the dwellings. This bill would continue to provide the 15 |
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21 | 21 | | existing renter credit and create a new renter credit against the education 16 |
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22 | 22 | | income tax. This bill also proposes to update the property tax credit income 17 |
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23 | 23 | | sensitivity measures to provide relief to a broader class of Vermont taxpayers 18 |
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24 | 24 | | in fiscal year 2026. This bill also proposes to address revenue lost due to the 19 |
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25 | 25 | | expansion of the income sensitivity measures by creating a one-year new top 20 |
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26 | 26 | | marginal tax rate on income. 21 BILL AS INTRODUCED S.104 |
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27 | 27 | | 2025 Page 2 of 61 |
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28 | 28 | | |
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29 | 29 | | |
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30 | 30 | | VT LEG #381212 v.3 |
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31 | 31 | | An act relating to income-based education funding 1 |
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32 | 32 | | It is hereby enacted by the General Assembly of the State of Vermont: 2 |
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33 | 33 | | * * * Income Sensitivity and New Income Tax Bracket * * * 3 |
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34 | 34 | | Sec. 1. 32 V.S.A. § 6066 is amended to read: 4 |
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35 | 35 | | § 6066. COMPUTATION OF PROPERTY TAX CREDIT AND RENTER 5 |
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36 | 36 | | CREDIT 6 |
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37 | 37 | | (a) An eligible claimant who owned the homestead on April 1 of the year in 7 |
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38 | 38 | | which the claim is filed shall be entitled to a credit for the prior year’s 8 |
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39 | 39 | | homestead property tax liability amount determined as follows: 9 |
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40 | 40 | | (1)(A) For a claimant with household income of $90,000.00 10 |
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41 | 41 | | $130,000.00 or more: 11 |
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42 | 42 | | (i) the statewide education tax rate, multiplied by the equalized 12 |
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43 | 43 | | value of the housesite in the taxable year; 13 |
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44 | 44 | | (ii) minus (if less) the sum of: 14 |
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45 | 45 | | (I) the income percentage of household income for the taxable 15 |
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46 | 46 | | year; plus 16 |
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47 | 47 | | (II) the statewide education tax rate, multiplied by the 17 |
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48 | 48 | | equalized value of the housesite in the taxable year in excess of $225,000.00 18 |
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49 | 49 | | $400,000.00. 19 |
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50 | 50 | | (B) For a claimant with household income of less than $90,000.00 20 |
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51 | 51 | | but more than $47,000.00 $60,000.00, the statewide education tax rate, 21 BILL AS INTRODUCED S.104 |
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52 | 52 | | 2025 Page 3 of 61 |
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53 | 53 | | |
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54 | 54 | | |
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55 | 55 | | VT LEG #381212 v.3 |
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56 | 56 | | multiplied by the equalized value of the housesite in the taxable year, minus (if 1 |
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57 | 57 | | less) the sum of: 2 |
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58 | 58 | | (i) the income percentage of household income for the taxable 3 |
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59 | 59 | | year; plus 4 |
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60 | 60 | | (ii) the statewide education tax rate, multiplied by the equalized 5 |
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61 | 61 | | value of the housesite in the taxable year in excess of $400,000.00 6 |
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62 | 62 | | $1,000,000.00. 7 |
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63 | 63 | | (C) For a claimant whose household income does not exceed 8 |
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64 | 64 | | $47,000.00 $60,000.00, the statewide education tax rate, multiplied by the 9 |
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65 | 65 | | equalized value of the housesite in the taxable year, minus the lesser of: 10 |
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66 | 66 | | (i) the sum of the income percentage of household income for the 11 |
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67 | 67 | | taxable year plus the statewide education tax rate, multiplied by the equalized 12 |
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68 | 68 | | value of the housesite in the taxable year in excess of $400,000.00 13 |
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69 | 69 | | $1,000,000.00; or 14 |
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70 | 70 | | (ii) the statewide education tax rate, multiplied by the equalized 15 |
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71 | 71 | | value of the housesite in the taxable year reduced by $15,000.00. 16 |
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72 | 72 | | * * * 17 |
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73 | 73 | | (3) A claimant whose household income does not exceed $47,000.00 18 |
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74 | 74 | | shall also be entitled to an additional credit amount from the claimant’s 19 |
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75 | 75 | | municipal taxes for the upcoming fiscal year that is equal to the amount by 20 |
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76 | 76 | | which the municipal property taxes for the municipal fiscal year that began in 21 BILL AS INTRODUCED S.104 |
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77 | 77 | | 2025 Page 4 of 61 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | VT LEG #381212 v.3 |
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81 | 81 | | the taxable year upon the claimant’s housesite exceeds a percentage of the 1 |
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82 | 82 | | claimant’s household income for the taxable year as follows: 2 |
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83 | 83 | | If household income (rounded then the taxpayer is entitled to 3 |
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84 | 84 | | to the nearest dollar) is: credit for the reduced property tax in 4 |
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85 | 85 | | excess of this percent of that income 5 |
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86 | 86 | | $0.00 — 9,999.00 1.50 6 |
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87 | 87 | | $10,000.00 — 47,000.00 3.00 7 |
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88 | 88 | | (4) A claimant whose household income does not exceed $47,000.00 8 |
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89 | 89 | | $60,000.00 shall also be entitled to an additional credit amount from the 9 |
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90 | 90 | | claimant’s statewide education tax for the upcoming fiscal year that is equal to 10 |
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91 | 91 | | the amount by which the education property tax for the municipal fiscal year 11 |
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92 | 92 | | that began in the taxable year upon the claimant’s housesite, reduced by the 12 |
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93 | 93 | | credit amount determined under subdivisions (1) and (2) of this subsection, 13 |
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94 | 94 | | exceeds a percentage of the claimant’s household income for the taxable year 14 |
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95 | 95 | | as follows: 15 |
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96 | 96 | | If household income (rounded then the taxpayer is entitled to 16 |
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97 | 97 | | to the nearest dollar) is: credit for the reduced property tax in 17 |
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98 | 98 | | excess of this percent of that income 18 |
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99 | 99 | | $0.00 — 9,999.00 0.50 19 |
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100 | 100 | | $10,000 — 24,999.00 1.50 20 |
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101 | 101 | | $25,000.00 — 47,000 46,999.00 2.00 21 BILL AS INTRODUCED S.104 |
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102 | 102 | | 2025 Page 5 of 61 |
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103 | 103 | | |
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104 | 104 | | |
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105 | 105 | | VT LEG #381212 v.3 |
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106 | 106 | | $47,000 — 60,000.00 lesser of 2.50 1 |
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107 | 107 | | or town rate 2 |
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108 | 108 | | (5) In no event shall the credit provided for in subdivision (3) or (4) of 3 |
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109 | 109 | | this subsection exceed the amount of the reduced property tax. The credits 4 |
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110 | 110 | | under subdivision (4) of this subsection shall be calculated considering only 5 |
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111 | 111 | | the tax due on the first $400,000.00 $1,000,000.00 in equalized housesite 6 |
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112 | 112 | | value. 7 |
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113 | 113 | | * * * 8 |
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114 | 114 | | Sec. 2. INTENT; OFFSETTING LOSSES TO THE EDUCATION FUND 9 |
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115 | 115 | | It is the intent of the General Assembly to transfer 12.5 percent of the 10 |
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116 | 116 | | revenue collected pursuant to the highest marginal tax rate imposed under 32 11 |
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117 | 117 | | V.S.A. § 5822 from the General Fund to the Education Fund in fiscal year 12 |
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118 | 118 | | 2026 to offset losses to the Education Fund resulting from the income 13 |
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119 | 119 | | sensitivity adjustments adopted pursuant to this act. 14 |
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120 | 120 | | Sec. 3. 32 V.S.A. § 5822 is amended to read: 15 |
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121 | 121 | | § 5822. TAX ON INCOME OF INDIVIDUALS, ESTATES, AND TRUSTS 16 |
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122 | 122 | | (a) A tax is imposed for each taxable year upon the taxable income earned 17 |
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123 | 123 | | or received in that year by every individual, estate, and trust, subject to income 18 |
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124 | 124 | | taxation under the laws of the United States, in an amount determined by the 19 |
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125 | 125 | | following tables, and adjusted as required under this section: 20 |
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126 | 126 | | (1) Married individuals filing joint returns and surviving spouses: 21 BILL AS INTRODUCED S.104 |
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127 | 127 | | 2025 Page 6 of 61 |
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128 | 128 | | |
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129 | 129 | | |
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130 | 130 | | VT LEG #381212 v.3 |
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131 | 131 | | If taxable income is: The tax is: 1 |
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132 | 132 | | Not over $64,600.00 3.35% of taxable income 2 |
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133 | 133 | | Over $64,600.00 but $2,164.00 plus 6.60% of 3 |
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134 | 134 | | not over $156,150.00 the amount of taxable 4 |
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135 | 135 | | income over $64,600.00 5 |
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136 | 136 | | Over $156,150.00 but $8,206.00 plus 7.60% 6 |
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137 | 137 | | not over $237,950.00 of the amount of taxable 7 |
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138 | 138 | | income over $156,150.00 8 |
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139 | 139 | | Over $237,950.00 but $14,423.00 plus 8.75% 9 |
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140 | 140 | | not over $310,000.00 of the amount of taxable 10 |
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141 | 141 | | income over $237,950.00 11 |
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142 | 142 | | Over $310,000.00 $20,727.00 plus 10.00% 12 |
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143 | 143 | | of the amount of taxable 13 |
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144 | 144 | | income over $310,000.00 14 |
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145 | 145 | | (2) Heads of household: 15 |
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146 | 146 | | If taxable income is: The tax is: 16 |
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147 | 147 | | Not over $51,850.00 3.35% of taxable income 17 |
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148 | 148 | | Over $51,850.00 but $1,737.00 plus 6.60% of 18 |
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149 | 149 | | not over $133,850.00 the amount of taxable 19 |
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150 | 150 | | income over $51,850.00 20 |
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151 | 151 | | Over $133,850.00 but $7,149.00 plus 7.60% 21 BILL AS INTRODUCED S.104 |
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152 | 152 | | 2025 Page 7 of 61 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | VT LEG #381212 v.3 |
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156 | 156 | | not over $216,700.00 of the amount of taxable 1 |
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157 | 157 | | income over $133,850.00 2 |
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158 | 158 | | Over $216,700.00 but $13,446.00 plus 8.75% 3 |
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159 | 159 | | not over $300,000.00 of the amount of taxable 4 |
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160 | 160 | | income over $216,700.00 5 |
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161 | 161 | | Over $300,000.00 $20,735.00 plus 10.00% 6 |
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162 | 162 | | of the amount of taxable 7 |
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163 | 163 | | income over $300,000.00 8 |
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164 | 164 | | (3) Unmarried individuals (other than surviving spouses or heads of 9 |
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165 | 165 | | household): 10 |
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166 | 166 | | If taxable income is: The tax is: 11 |
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167 | 167 | | Not over $38,700.00 3.35% of taxable income 12 |
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168 | 168 | | Over $38,700.00 but $1,296.00 plus 6.60% of 13 |
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169 | 169 | | not over $93,700.00 the amount of taxable 14 |
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170 | 170 | | income over $38,700.00 15 |
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171 | 171 | | Over $93,700.00 but $4,926.00 plus 7.60% 16 |
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172 | 172 | | not over $195,450.00 of the amount of taxable 17 |
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173 | 173 | | income over $93,700.00 18 |
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174 | 174 | | Over $195,450.00 but $12,659.00 plus 8.75% 19 |
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175 | 175 | | not over $275,000.00 of the amount of taxable 20 |
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176 | 176 | | income over $195,450.00 21 BILL AS INTRODUCED S.104 |
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177 | 177 | | 2025 Page 8 of 61 |
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178 | 178 | | |
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179 | 179 | | |
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180 | 180 | | VT LEG #381212 v.3 |
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181 | 181 | | Over $275,000.00 $19,620.00 plus 10.00% 1 |
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182 | 182 | | of the amount of taxable 2 |
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183 | 183 | | income over $275,000.00 3 |
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184 | 184 | | (4) Married individuals filing separate returns: 4 |
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185 | 185 | | If taxable income is: The tax is: 5 |
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186 | 186 | | Not over $32,300.00 3.35% of taxable income 6 |
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187 | 187 | | Over $32,300.00 but $1,082.00 plus 6.60% of 7 |
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188 | 188 | | not over $78,075.00 the amount of taxable 8 |
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189 | 189 | | income over $32,300.00 9 |
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190 | 190 | | Over $78,075.00 but $4,103.00 plus 7.60% 10 |
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191 | 191 | | not over $118,975.00 of the amount of taxable 11 |
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192 | 192 | | income over $78,075.00 12 |
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193 | 193 | | Over $118,975.00 but $7,212.00 plus 8.75% 13 |
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194 | 194 | | not over $163,000.00 of the amount of taxable 14 |
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195 | 195 | | income over $118,975.00 15 |
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196 | 196 | | Over $163,000.00 $11,064.00 plus 10.00% 16 |
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197 | 197 | | of the amount of taxable 17 |
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198 | 198 | | income over $163,000.00 18 |
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199 | 199 | | (5) Estate and trusts: 19 |
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200 | 200 | | If taxable income is: The tax is: 20 |
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201 | 201 | | $2,600.00 or less 3.35% of taxable income 21 BILL AS INTRODUCED S.104 |
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202 | 202 | | 2025 Page 9 of 61 |
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203 | 203 | | |
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204 | 204 | | |
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205 | 205 | | VT LEG #381212 v.3 |
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206 | 206 | | Over $2,600.00 but $87.00 plus 6.60% of 1 |
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207 | 207 | | not over $6,100.00 the amount of taxable 2 |
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208 | 208 | | income over $2,600.00 3 |
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209 | 209 | | Over $6,100.00 but $318.00 plus 7.60% 4 |
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210 | 210 | | not over $9,350.00 of the amount of taxable 5 |
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211 | 211 | | income over $6,100.00 6 |
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212 | 212 | | Over $9,350.00 but $565.00 plus 8.75% 7 |
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213 | 213 | | not over $12,500.00 of the amount of taxable 8 |
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214 | 214 | | income over $9,350.00 9 |
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215 | 215 | | Over $12,500.00 $840.00 plus 10.00% 10 |
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216 | 216 | | of the amount of taxable 11 |
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217 | 217 | | income over $12,500.00 12 |
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218 | 218 | | * * * 13 |
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219 | 219 | | * * * Repeal of New Income Tax Bracket * * * 14 |
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220 | 220 | | Sec. 4. 32 V.S.A. § 5822 is amended to read: 15 |
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221 | 221 | | § 5822. TAX ON INCOME OF INDIVIDUALS, ESTATES, AND TRUSTS 16 |
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222 | 222 | | (a) A tax is imposed for each taxable year upon the taxable income earned 17 |
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223 | 223 | | or received in that year by every individual, estate, and trust, subject to income 18 |
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224 | 224 | | taxation under the laws of the United States, in an amount determined by the 19 |
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225 | 225 | | following tables, and adjusted as required under this section: 20 |
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226 | 226 | | (1) Married individuals filing joint returns and surviving spouses: 21 BILL AS INTRODUCED S.104 |
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227 | 227 | | 2025 Page 10 of 61 |
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228 | 228 | | |
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229 | 229 | | |
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230 | 230 | | VT LEG #381212 v.3 |
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231 | 231 | | If taxable income is: The tax is: 1 |
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232 | 232 | | Not over $64,600.00 3.35% of taxable income 2 |
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233 | 233 | | Over $64,600.00 but $2,164.00 plus 6.60% of 3 |
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234 | 234 | | not over $156,150.00 the amount of taxable 4 |
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235 | 235 | | income over $64,600.00 5 |
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236 | 236 | | Over $156,150.00 but $8,206.00 plus 7.60% 6 |
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237 | 237 | | not over $237,950.00 of the amount of taxable 7 |
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238 | 238 | | income over $156,150.00 8 |
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239 | 239 | | Over $237,950.00 but $14,423.00 plus 8.75% 9 |
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240 | 240 | | not over $310,000.00 of the amount of taxable 10 |
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241 | 241 | | income over $237,950.00 11 |
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242 | 242 | | Over $310,000.00 $20,727.00 plus 10.00% 12 |
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243 | 243 | | of the amount of taxable 13 |
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244 | 244 | | income over $310,000.00 14 |
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245 | 245 | | (2) Heads of household: 15 |
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246 | 246 | | If taxable income is: The tax is: 16 |
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247 | 247 | | Not over $51,850.00 3.35% of taxable income 17 |
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248 | 248 | | Over $51,850.00 but $1,737.00 plus 6.60% of 18 |
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249 | 249 | | not over $133,850.00 the amount of taxable 19 |
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250 | 250 | | income over $51,850.00 20 |
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251 | 251 | | Over $133,850.00 but $7,149.00 plus 7.60% 21 BILL AS INTRODUCED S.104 |
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252 | 252 | | 2025 Page 11 of 61 |
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253 | 253 | | |
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254 | 254 | | |
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255 | 255 | | VT LEG #381212 v.3 |
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256 | 256 | | not over $216,700.00 of the amount of taxable 1 |
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257 | 257 | | income over $133,850.00 2 |
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258 | 258 | | Over $216,700.00 but $13,446.00 plus 8.75% 3 |
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259 | 259 | | not over $300,000.00 of the amount of taxable 4 |
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260 | 260 | | income over $216,700.00 5 |
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261 | 261 | | Over $300,000.00 $20,735.00 plus 10.00% 6 |
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262 | 262 | | of the amount of taxable 7 |
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263 | 263 | | income over $300,000.00 8 |
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264 | 264 | | (3) Unmarried individuals (other than surviving spouses or heads of 9 |
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265 | 265 | | household): 10 |
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266 | 266 | | If taxable income is: The tax is: 11 |
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267 | 267 | | Not over $38,700.00 3.35% of taxable income 12 |
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268 | 268 | | Over $38,700.00 but $1,296.00 plus 6.60% of 13 |
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269 | 269 | | not over $93,700.00 the amount of taxable 14 |
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270 | 270 | | income over $38,700.00 15 |
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271 | 271 | | Over $93,700.00 but $4,926.00 plus 7.60% 16 |
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272 | 272 | | not over $195,450.00 of the amount of taxable 17 |
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273 | 273 | | income over $93,700.00 18 |
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274 | 274 | | Over $195,450.00 but $12,659.00 plus 8.75% 19 |
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275 | 275 | | not over $275,000.00 of the amount of taxable 20 |
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276 | 276 | | income over $195,450.00 21 BILL AS INTRODUCED S.104 |
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277 | 277 | | 2025 Page 12 of 61 |
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278 | 278 | | |
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279 | 279 | | |
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280 | 280 | | VT LEG #381212 v.3 |
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281 | 281 | | Over $275,000.00 $19,620.00 plus 10.00% 1 |
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282 | 282 | | of the amount of taxable 2 |
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283 | 283 | | income over $275,000.00 3 |
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284 | 284 | | (4) Married individuals filing separate returns: 4 |
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285 | 285 | | If taxable income is: The tax is: 5 |
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286 | 286 | | Not over $32,300.00 3.35% of taxable income 6 |
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287 | 287 | | Over $32,300.00 but $1,082.00 plus 6.60% of 7 |
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288 | 288 | | not over $78,075.00 the amount of taxable 8 |
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289 | 289 | | income over $32,300.00 9 |
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290 | 290 | | Over $78,075.00 but $4,103.00 plus 7.60% 10 |
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291 | 291 | | not over $118,975.00 of the amount of taxable 11 |
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292 | 292 | | income over $78,075.00 12 |
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293 | 293 | | Over $118,975.00 but $7,212.00 plus 8.75% 13 |
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294 | 294 | | not over $163,000.00 of the amount of taxable 14 |
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295 | 295 | | income over $118,975.00 15 |
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296 | 296 | | Over $163,000.00 $11,064.00 plus 10.00% 16 |
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297 | 297 | | of the amount of taxable 17 |
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298 | 298 | | income over $163,000.00 18 |
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299 | 299 | | (5) Estate and trusts: 19 |
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300 | 300 | | If taxable income is: The tax is: 20 |
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301 | 301 | | $2,600.00 or less 3.35% of taxable income 21 BILL AS INTRODUCED S.104 |
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302 | 302 | | 2025 Page 13 of 61 |
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303 | 303 | | |
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304 | 304 | | |
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305 | 305 | | VT LEG #381212 v.3 |
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306 | 306 | | Over $2,600.00 but $87.00 plus 6.60% of 1 |
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307 | 307 | | not over $6,100.00 the amount of taxable 2 |
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308 | 308 | | income over $2,600.00 3 |
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309 | 309 | | Over $6,100.00 but $318.00 plus 7.60% 4 |
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310 | 310 | | not over $9,350.00 of the amount of taxable 5 |
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311 | 311 | | income over $6,100.00 6 |
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312 | 312 | | Over $9,350.00 but $565.00 plus 8.75% 7 |
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313 | 313 | | not over $12,500.00 of the amount of taxable 8 |
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314 | 314 | | income over $9,350.00 9 |
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315 | 315 | | Over $12,500.00 $840.00 plus 10.00% 10 |
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316 | 316 | | of the amount of taxable 11 |
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317 | 317 | | income over $12,500.00 12 |
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318 | 318 | | * * * 13 |
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319 | 319 | | * * * Education Income Tax * * * 14 |
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320 | 320 | | Sec. 5. 32 V.S.A. chapter 151, subchapter 14 is added to read: 15 |
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321 | 321 | | Subchapter 14. Education Income Tax 16 |
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322 | 322 | | § 5961. NAME OF TAX 17 |
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323 | 323 | | The tax imposed by this subchapter shall be known as the Vermont 18 |
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324 | 324 | | education income tax. 19 BILL AS INTRODUCED S.104 |
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325 | 325 | | 2025 Page 14 of 61 |
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326 | 326 | | |
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327 | 327 | | |
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328 | 328 | | VT LEG #381212 v.3 |
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329 | 329 | | § 5962. EDUCATION INCOME TAX ON INDIVIDUALS 1 |
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330 | 330 | | (a) In addition to the personal income tax assessed under section 5822 of 2 |
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331 | 331 | | this title, there shall be an education income tax imposed each taxable year 3 |
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332 | 332 | | upon the adjusted gross income earned or received in that year by every 4 |
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333 | 333 | | individual subject to income taxation under the laws of the United States who 5 |
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334 | 334 | | is not listed as a renter for that year on a landlord certificate furnished pursuant 6 |
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335 | 335 | | to section 6069 of this title, in an amount determined by the following tables 7 |
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336 | 336 | | and adjusted as required under this section and section 5963 of this subchapter. 8 |
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337 | 337 | | (1) Married individuals filing joint returns and surviving spouses: 9 |
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338 | 338 | | If adjusted gross income is: The tax is: 10 |
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339 | 339 | | Not over $64,600.00 2.00% of adjusted 11 |
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340 | 340 | | gross income 12 |
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341 | 341 | | Over $64,600.00 but $1,292.00 plus 4.00% of 13 |
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342 | 342 | | not over $156,150.00 the amount of adjusted 14 |
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343 | 343 | | gross income over $64,600.00 15 |
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344 | 344 | | Over $156,150.00 but $4,954.00 plus 6.00% 16 |
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345 | 345 | | not over $237,950.00 of the amount of adjusted 17 |
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346 | 346 | | gross income over $156,150.00 18 |
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347 | 347 | | Over $237,950.00 $9,862.00 plus 8.00% 19 |
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348 | 348 | | of the amount of adjusted 20 |
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349 | 349 | | gross income over $237,950.00 21 BILL AS INTRODUCED S.104 |
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350 | 350 | | 2025 Page 15 of 61 |
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351 | 351 | | |
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352 | 352 | | |
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353 | 353 | | VT LEG #381212 v.3 |
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354 | 354 | | (2) Heads of household: 1 |
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355 | 355 | | If adjusted gross income is: The tax is: 2 |
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356 | 356 | | Not over $51,850.00 2.00% of adjusted 3 |
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357 | 357 | | gross income 4 |
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358 | 358 | | Over $51,850.00 but $1,037.00 plus 4.00% of 5 |
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359 | 359 | | not over $133,850.00 the amount of adjusted 6 |
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360 | 360 | | gross income over $51,850.00 7 |
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361 | 361 | | Over $133,850.00 but $4,317.00 plus 6.00% 8 |
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362 | 362 | | not over $216,700.00 of the amount of adjusted 9 |
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363 | 363 | | gross income over $133,850.00 10 |
---|
364 | 364 | | Over $216,700.00 $9,288.00 plus 8.00% 11 |
---|
365 | 365 | | of the amount of adjusted 12 |
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366 | 366 | | gross income over $216,700.00 13 |
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367 | 367 | | (3) Unmarried individuals, other than surviving spouses or heads of 14 |
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368 | 368 | | household: 15 |
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369 | 369 | | If adjusted gross income is: The tax is: 16 |
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370 | 370 | | Not over $38,700.00 2.00% of adjusted 17 |
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371 | 371 | | gross income 18 |
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372 | 372 | | Over $38,700.00 but $774.00 plus 4.00% of 19 |
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373 | 373 | | not over $93,700.00 the amount of adjusted 20 |
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374 | 374 | | gross income over $38,700.00 21 BILL AS INTRODUCED S.104 |
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375 | 375 | | 2025 Page 16 of 61 |
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376 | 376 | | |
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377 | 377 | | |
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378 | 378 | | VT LEG #381212 v.3 |
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379 | 379 | | Over $93,700.00 but $2,974.00 plus 6.00% 1 |
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380 | 380 | | not over $195,450.00 of the amount of adjusted 2 |
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381 | 381 | | gross income over $93,700.00 3 |
---|
382 | 382 | | Over $195,450.00 $9,079.00 plus 8.00% 4 |
---|
383 | 383 | | of the amount of adjusted 5 |
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384 | 384 | | gross income over $195,450.00 6 |
---|
385 | 385 | | (4) Married individuals filing separate returns: 7 |
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386 | 386 | | If adjusted gross income is: The tax is: 8 |
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387 | 387 | | Not over $32,300.00 2.00% of adjusted 9 |
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388 | 388 | | gross income 10 |
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389 | 389 | | Over $32,300.00 but $646.00 plus 4.00% of 11 |
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390 | 390 | | not over $78,075.00 the amount of adjusted 12 |
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391 | 391 | | gross income over $32,300.00 13 |
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392 | 392 | | Over $78,075.00 but $2,477.00 plus 6.00% 14 |
---|
393 | 393 | | not over $118,975.00 of the amount of adjusted 15 |
---|
394 | 394 | | gross income over $78,075.00 16 |
---|
395 | 395 | | Over $118,975.00 $4,931.00 plus 8.00% 17 |
---|
396 | 396 | | of the amount of adjusted 18 |
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397 | 397 | | gross income over $118,975.00 19 BILL AS INTRODUCED S.104 |
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398 | 398 | | 2025 Page 17 of 61 |
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399 | 399 | | |
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400 | 400 | | |
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401 | 401 | | VT LEG #381212 v.3 |
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402 | 402 | | (b) The amounts of adjusted gross income shown in the tables in this 1 |
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403 | 403 | | section shall be adjusted annually for inflation by the Commissioner of Taxes 2 |
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404 | 404 | | pursuant to subdivision 5822(b)(2) of this chapter. 3 |
---|
405 | 405 | | (c)(1) The rates shown in the tables in this section shall be adjusted for 4 |
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406 | 406 | | each school district by dividing the school district’s per pupil education 5 |
---|
407 | 407 | | spending, as defined in 16 V.S.A. § 4001(6), by the prior year’s statewide 6 |
---|
408 | 408 | | average per pupil education spending and multiplying the result by the rates 7 |
---|
409 | 409 | | under this section. 8 |
---|
410 | 410 | | (2) The final rate for each school district determined under this 9 |
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411 | 411 | | subsection shall apply to the Vermont income, as defined in section 5963 of 10 |
---|
412 | 412 | | this title, of a resident or part-year resident for the entire taxable year. As used 11 |
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413 | 413 | | in this subdivision, the “final rate” for each school district means the average 12 |
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414 | 414 | | of the district’s rates in effect between January 1 and December 31. 13 |
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415 | 415 | | (3) A resident or part-year resident individual shall pay the rate adjusted 14 |
---|
416 | 416 | | under this subsection for the individual’s school district of residence on 15 |
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417 | 417 | | January 1 of the taxable year or, in the case of a part-year resident individual 16 |
---|
418 | 418 | | whose residence begins on a day other than January 1, the school district where 17 |
---|
419 | 419 | | the individual resides on the first day of residence in this State. The rate 18 |
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420 | 420 | | adjustments under this subsection shall not apply to a nonresident individual. 19 |
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421 | 421 | | (d) The tax liability determined under subsections (a) through (c) of this 20 |
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422 | 422 | | section shall be reduced by a percentage equal to the portion of adjusted gross 21 BILL AS INTRODUCED S.104 |
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423 | 423 | | 2025 Page 18 of 61 |
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424 | 424 | | |
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425 | 425 | | |
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426 | 426 | | VT LEG #381212 v.3 |
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427 | 427 | | income that is not Vermont income; provided, however, that if a taxpayer’s 1 |
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428 | 428 | | Vermont income exceeds the taxpayer’s adjusted gross income, no reduction 2 |
---|
429 | 429 | | shall be made and provided further that if a taxpayer has zero or negative 3 |
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430 | 430 | | Vermont income and the taxpayer’s Vermont income computed without regard 4 |
---|
431 | 431 | | to the reductions in section 5963 of this subchapter does not equal or exceed 5 |
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432 | 432 | | the taxpayer’s adjusted gross income, no tax shall be due under this section. 6 |
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433 | 433 | | (e) The education income tax under this subchapter shall be assessed and 7 |
---|
434 | 434 | | administered in the same manner as the personal income tax under this chapter. 8 |
---|
435 | 435 | | (f) As used in this section, “married individuals,” “surviving spouse,” 9 |
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436 | 436 | | “head of household,” and “unmarried individual” have the same meaning as 10 |
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437 | 437 | | under the Internal Revenue Code. 11 |
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438 | 438 | | § 5963. VERMONT INCOME OF INDIVIDUALS 12 |
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439 | 439 | | (a) As used in this subchapter, for any taxable year, the Vermont income of 13 |
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440 | 440 | | a resident individual is the adjusted gross income of the individual for that 14 |
---|
441 | 441 | | taxable year, less income exempted from State taxation under the laws of the 15 |
---|
442 | 442 | | United States. 16 |
---|
443 | 443 | | (b)(1) As used in this subchapter, for any taxable year, the Vermont income 17 |
---|
444 | 444 | | of a nonresident individual is the sum of the following items of income to the 18 |
---|
445 | 445 | | extent they are required to be included in the adjusted gross income of the 19 |
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446 | 446 | | individual: 20 BILL AS INTRODUCED S.104 |
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447 | 447 | | 2025 Page 19 of 61 |
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448 | 448 | | |
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449 | 449 | | |
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450 | 450 | | VT LEG #381212 v.3 |
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451 | 451 | | (A) rents and royalties derived from the ownership of property 1 |
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452 | 452 | | located within this State; 2 |
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453 | 453 | | (B) gains from the sale or exchange of property located within this 3 |
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454 | 454 | | State; 4 |
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455 | 455 | | (C) wages, salaries, commissions, or other income received with 5 |
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456 | 456 | | respect to services performed within this State; 6 |
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457 | 457 | | (D) income, other than income exempted from State taxation under 7 |
---|
458 | 458 | | the laws of the United States, derived from every business, trade, occupation, 8 |
---|
459 | 459 | | or profession to the extent that the business, trade, occupation, or profession is 9 |
---|
460 | 460 | | carried on within this State, including any compensation received: 10 |
---|
461 | 461 | | (i) under an agreement not to compete with a business operating in 11 |
---|
462 | 462 | | Vermont; 12 |
---|
463 | 463 | | (ii) for goodwill associated with the sale of a Vermont business; or 13 |
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464 | 464 | | (iii) for services to be performed under a contract associated with 14 |
---|
465 | 465 | | the sale of a Vermont business, unless it is shown that the compensation for 15 |
---|
466 | 466 | | services does not constitute income from the sale of the business; 16 |
---|
467 | 467 | | (E) income that was previously deferred under a nonqualified 17 |
---|
468 | 468 | | deferred compensation plan and that would have previously been included in 18 |
---|
469 | 469 | | the taxpayer’s Vermont income if it had not been deferred and income derived 19 |
---|
470 | 470 | | from such previously deferred income; and 20 BILL AS INTRODUCED S.104 |
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471 | 471 | | 2025 Page 20 of 61 |
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472 | 472 | | |
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473 | 473 | | |
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474 | 474 | | VT LEG #381212 v.3 |
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475 | 475 | | (F) proceeds from wagering transactions made within the State; or 1 |
---|
476 | 476 | | any Vermont State Lottery, tri-state lottery, or multijurisdictional lottery ticket 2 |
---|
477 | 477 | | paid to a person who purchased the ticket in Vermont, including payments 3 |
---|
478 | 478 | | received from a third party for the transfer of the rights to future proceeds 4 |
---|
479 | 479 | | related to the ticket; and the Commissioner may require withholding of any 5 |
---|
480 | 480 | | taxes due to the State under this subdivision (b)(1) from payments of wagering 6 |
---|
481 | 481 | | or lottery proceeds. 7 |
---|
482 | 482 | | (2) As used in this subchapter, for any taxable year, the Vermont income 8 |
---|
483 | 483 | | of a nonresident individual shall not include any income from the activities 9 |
---|
484 | 484 | | listed in this subdivision or the income of a nonresident through an entity, such 10 |
---|
485 | 485 | | as a partnership, limited liability company, or trust, provided that the entity’s 11 |
---|
486 | 486 | | activities in this State are limited to activities that, without more, would not 12 |
---|
487 | 487 | | constitute nexus, plus any or all of the following activities necessary to create 13 |
---|
488 | 488 | | or maintain a web page or internet site for the nonresident or entity: 14 |
---|
489 | 489 | | (A) ownership of data or programming code in this State, or use of 15 |
---|
490 | 490 | | that data or programming code by a person other than the nonresident or entity 16 |
---|
491 | 491 | | or by a person not in this State; 17 |
---|
492 | 492 | | (B) ownership of, or receipt of services from, computer servers in 18 |
---|
493 | 493 | | this State; and 19 |
---|
494 | 494 | | (C) receipt of computer processing or web hosting services from a 20 |
---|
495 | 495 | | computer service provider or web hosting service in this State. 21 BILL AS INTRODUCED S.104 |
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496 | 496 | | 2025 Page 21 of 61 |
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497 | 497 | | |
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498 | 498 | | |
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499 | 499 | | VT LEG #381212 v.3 |
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500 | 500 | | (c) As used in this subchapter, for any taxable year, the Vermont income of 1 |
---|
501 | 501 | | a part-year resident individual or trust is the sum of: 2 |
---|
502 | 502 | | (1) all items of income constituting Vermont income for the purpose of 3 |
---|
503 | 503 | | subsection (a) of this section that are earned or received during the period of 4 |
---|
504 | 504 | | the taxpayer’s residency in this State in the taxable year; and 5 |
---|
505 | 505 | | (2) all items of income constituting Vermont income for the purposes of 6 |
---|
506 | 506 | | subdivision (b)(1) of this section that are earned or received during the period 7 |
---|
507 | 507 | | of the taxpayer’s nonresidency in this State in the taxable year. 8 |
---|
508 | 508 | | * * * Withholding, Estimated Payments, and Returns * * * 9 |
---|
509 | 509 | | Sec. 6. 32 V.S.A. § 5841 is amended to read: 10 |
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510 | 510 | | § 5841. REQUIREMENT AND RATE OF WITHHOLDING 11 |
---|
511 | 511 | | (a) Every person who is required under the laws of the United States to 12 |
---|
512 | 512 | | withhold federal income tax from payments that are also subject to Vermont 13 |
---|
513 | 513 | | income tax or education income tax shall deduct and withhold during the 14 |
---|
514 | 514 | | calendar year from the payments made by such person such the amount of tax 15 |
---|
515 | 515 | | as the Commissioner shall prescribe. Every person who makes payments of 16 |
---|
516 | 516 | | income with respect to services performed for such person that were previously 17 |
---|
517 | 517 | | deferred under a nonqualified deferred compensation plan shall deduct and 18 |
---|
518 | 518 | | withhold during the calendar year from the payments made by such person six 19 |
---|
519 | 519 | | percent of any payment (including any withheld tax) of such previously 20 |
---|
520 | 520 | | deferred income and of income derived from such previously deferred income. 21 BILL AS INTRODUCED S.104 |
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521 | 521 | | 2025 Page 22 of 61 |
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522 | 522 | | |
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523 | 523 | | |
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524 | 524 | | VT LEG #381212 v.3 |
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525 | 525 | | The Commissioner may authorize any person to deduct and withhold Vermont 1 |
---|
526 | 526 | | income tax and education income tax from any other payments that are subject 2 |
---|
527 | 527 | | to the tax taxes imposed by this chapter. Notwithstanding the foregoing, banks 3 |
---|
528 | 528 | | (as defined in 8 V.S.A. § 909a(a)) shall not be required to withhold Vermont 4 |
---|
529 | 529 | | income tax or education income tax from payments that are subject to federal 5 |
---|
530 | 530 | | back-up withholding. 6 |
---|
531 | 531 | | (b) The Commissioner shall establish such withholding tables, schedules, 7 |
---|
532 | 532 | | or formulae as will result in the withholding of such amounts from the 8 |
---|
533 | 533 | | payments made by any person during any taxable year, as shall closely 9 |
---|
534 | 534 | | approximate the income tax liabilities of the recipients of those payments with 10 |
---|
535 | 535 | | respect to those payments for that year under this chapter, including any 11 |
---|
536 | 536 | | liability for the education income tax under section 5962 of this title. 12 |
---|
537 | 537 | | * * * 13 |
---|
538 | 538 | | (d) The Commissioner shall base the withholding requirements for the 14 |
---|
539 | 539 | | education income tax under section 5962 of this title on the federal adjusted 15 |
---|
540 | 540 | | gross income of recipients from the prior year and the statewide average rates 16 |
---|
541 | 541 | | from the prior year, provided the rate shall be adjusted annually for inflation 17 |
---|
542 | 542 | | using the National Income and Product Accounts (NIPA) Implicit Price 18 |
---|
543 | 543 | | Deflator for State and Local Government Consumption Expenditures and 19 |
---|
544 | 544 | | Gross Investment as reported by the U.S. Department of Commerce, Bureau of 20 |
---|
545 | 545 | | Economic Analysis. 21 BILL AS INTRODUCED S.104 |
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546 | 546 | | 2025 Page 23 of 61 |
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547 | 547 | | |
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548 | 548 | | |
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549 | 549 | | VT LEG #381212 v.3 |
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550 | 550 | | Sec. 7. 32 V.S.A. § 5851(1) is amended to read: 1 |
---|
551 | 551 | | (1) “Tax” means, for any taxpayer and for any taxable year, the income 2 |
---|
552 | 552 | | tax liability of the taxpayer for that taxable year under section 5822 or 5962 of 3 |
---|
553 | 553 | | this title, reduced by any allowable credits against such tax. 4 |
---|
554 | 554 | | Sec. 8. 32 V.S.A. § 5852(a) is amended to read: 5 |
---|
555 | 555 | | (a) Every individual, estate, and trust subject to taxation under section 5822 6 |
---|
556 | 556 | | of this title (other than a person receiving at least two-thirds of his or her the 7 |
---|
557 | 557 | | person’s income from farming or fishing as defined under the laws of the 8 |
---|
558 | 558 | | United States) or section 5962 of this title shall make installment payments of 9 |
---|
559 | 559 | | the taxpayer’s estimated tax liability for each taxable year. The amount of 10 |
---|
560 | 560 | | each payment shall be 25 percent of the required annual payment. For any 11 |
---|
561 | 561 | | taxable year, payments shall be made on or before April 15, June 15, and 12 |
---|
562 | 562 | | September 15 of the taxable year and January 15 of the following taxable year. 13 |
---|
563 | 563 | | In applying this section to a taxable year beginning on any date other than 14 |
---|
564 | 564 | | January 1, there shall be substituted, for the months specified in this section, 15 |
---|
565 | 565 | | the months that correspond thereto. 16 |
---|
566 | 566 | | Sec. 9. 32 V.S.A. § 5861 is amended to read: 17 |
---|
567 | 567 | | § 5861. RETURNS BY INDIVIDUALS, TRUSTS, AND ESTATES 18 |
---|
568 | 568 | | (a) Every individual, trust, or estate subject to taxation for any taxable year 19 |
---|
569 | 569 | | under section 5822 or 5962 of this title shall file a Vermont personal income 20 BILL AS INTRODUCED S.104 |
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570 | 570 | | 2025 Page 24 of 61 |
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571 | 571 | | |
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572 | 572 | | |
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573 | 573 | | VT LEG #381212 v.3 |
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574 | 574 | | tax return for that taxable year if that person is required to file a United States 1 |
---|
575 | 575 | | income tax return for that year and: 2 |
---|
576 | 576 | | (1) earned or received more than $100.00 of Vermont income, or; 3 |
---|
577 | 577 | | (2) earned or received more than $1,000.00 in gross income from the 4 |
---|
578 | 578 | | sources listed in subdivisions 5823(b)(1) through (6) or subsections 5962(b) 5 |
---|
579 | 579 | | and (c) of this title, whether or not a resident, in that year,; or 6 |
---|
580 | 580 | | (3) has a tax liability under this chapter for that year. 7 |
---|
581 | 581 | | * * * 8 |
---|
582 | 582 | | (e) The Commissioner may shall require information on a Vermont 9 |
---|
583 | 583 | | personal income tax return that is sufficient to identify the school district, as 10 |
---|
584 | 584 | | defined in 16 V.S.A. § 11(a)(10), in which the taxpayer resides and whether 11 |
---|
585 | 585 | | the taxpayer’s residence is a rental dwelling in this State. The Commissioner 12 |
---|
586 | 586 | | may consider a return incomplete if the information required under this 13 |
---|
587 | 587 | | subsection is not provided and shall cause the return to be completed. 14 |
---|
588 | 588 | | * * * 15 |
---|
589 | 589 | | Sec. 10. 32 V.S.A. § 5820 is amended to read: 16 |
---|
590 | 590 | | § 5820. PURPOSE 17 |
---|
591 | 591 | | (a) This chapter is intended to conform the Vermont personal and, 18 |
---|
592 | 592 | | corporate, and education income taxes with the U.S. Internal Revenue Code, 19 |
---|
593 | 593 | | except as otherwise expressly provided, in order to simplify the taxpayer’s 20 BILL AS INTRODUCED S.104 |
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594 | 594 | | 2025 Page 25 of 61 |
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595 | 595 | | |
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596 | 596 | | |
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597 | 597 | | VT LEG #381212 v.3 |
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598 | 598 | | filing of returns, reduce the taxpayer’s accounting burdens, and facilitate the 1 |
---|
599 | 599 | | collection and administration of these taxes. 2 |
---|
600 | 600 | | (b) It is intended that, for any taxable year, individuals, estates, and trusts 3 |
---|
601 | 601 | | shall be taxed upon only their Vermont income for that year, but that the rate at 4 |
---|
602 | 602 | | which the Vermont income of any taxpayer is taxed under this chapter shall 5 |
---|
603 | 603 | | reflect the taxpayer’s ability to pay as measured by his or her the taxpayer’s 6 |
---|
604 | 604 | | adjusted gross income for the taxable year. 7 |
---|
605 | 605 | | * * * Nonhomestead Education Property Tax * * * 8 |
---|
606 | 606 | | Sec. 11. 32 V.S.A. § 5401 is amended to read: 9 |
---|
607 | 607 | | § 5401. DEFINITIONS 10 |
---|
608 | 608 | | As used in this chapter: 11 |
---|
609 | 609 | | * * * 12 |
---|
610 | 610 | | (7) “Homestead”: 13 |
---|
611 | 611 | | (A) “Homestead” means the principal dwelling and parcel two acres 14 |
---|
612 | 612 | | of land surrounding the dwelling, owned and occupied by a resident individual 15 |
---|
613 | 613 | | as the individual’s domicile or owned and fully leased on April 1, provided the 16 |
---|
614 | 614 | | property is not leased for more than 182 days out of the calendar year or, for 17 |
---|
615 | 615 | | purposes of the renter credit under subsection 6066(b) of this title, is rented 18 |
---|
616 | 616 | | and occupied by a resident individual as the individual’s domicile. 19 |
---|
617 | 617 | | * * * 20 BILL AS INTRODUCED S.104 |
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618 | 618 | | 2025 Page 26 of 61 |
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619 | 619 | | |
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620 | 620 | | |
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621 | 621 | | VT LEG #381212 v.3 |
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622 | 622 | | (G) For purposes of homestead declaration and application of the 1 |
---|
623 | 623 | | homestead property tax rate, “homestead” “Homestead” also means a 2 |
---|
624 | 624 | | residence that was the homestead of the decedent at the date of death and, from 3 |
---|
625 | 625 | | the date of death through the next April 1, is held by the estate of the decedent 4 |
---|
626 | 626 | | and not rented. 5 |
---|
627 | 627 | | * * * 6 |
---|
628 | 628 | | (10) “Nonhomestead property” means all property except: 7 |
---|
629 | 629 | | * * * 8 |
---|
630 | 630 | | (C) Homesteads declared in accordance with section 5410 of this title 9 |
---|
631 | 631 | | as defined in subdivision (7) of this section. 10 |
---|
632 | 632 | | * * * 11 |
---|
633 | 633 | | (13)(A) “Education property tax spending adjustment” means the 12 |
---|
634 | 634 | | greater of one or a fraction in which: 13 |
---|
635 | 635 | | (i) the numerator is the district’s per pupil education spending plus 14 |
---|
636 | 636 | | excess spending for the school year, and 15 |
---|
637 | 637 | | (ii) the denominator is the property dollar equivalent yield for the 16 |
---|
638 | 638 | | school year, as defined in subdivision (15) of this section, multiplied by the 17 |
---|
639 | 639 | | statewide adjustment. 18 |
---|
640 | 640 | | (B) “Education income tax spending adjustment” means the greater 19 |
---|
641 | 641 | | of one or a fraction in which the numerator is the district’s per pupil education 20 |
---|
642 | 642 | | spending plus excess spending for the school year, and the denominator is the 21 BILL AS INTRODUCED S.104 |
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643 | 643 | | 2025 Page 27 of 61 |
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644 | 644 | | |
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645 | 645 | | |
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646 | 646 | | VT LEG #381212 v.3 |
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647 | 647 | | income dollar equivalent yield for the school year, as defined in subdivision 1 |
---|
648 | 648 | | (16) of this section. [Repealed.] 2 |
---|
649 | 649 | | * * * 3 |
---|
650 | 650 | | (15) “Property dollar equivalent yield” means the amount of per pupil 4 |
---|
651 | 651 | | education spending that would result in a district having a homestead tax rate 5 |
---|
652 | 652 | | of $1.00 per $100.00 of equalized education property value. [Repealed.] 6 |
---|
653 | 653 | | (16) “Income dollar equivalent yield” means the amount of per pupil 7 |
---|
654 | 654 | | education spending that would result in a district having an income percentage 8 |
---|
655 | 655 | | in subdivision 6066(a)(2) of this title of 2.0 percent. [Repealed.] 9 |
---|
656 | 656 | | * * * 10 |
---|
657 | 657 | | Sec. 12. 32 V.S.A. § 5402 is amended to read: 11 |
---|
658 | 658 | | § 5402. NONHOMESTEAD EDUCATION PROPERTY TAX LIABILITY 12 |
---|
659 | 659 | | (a) A statewide education tax is imposed on all nonhomestead and 13 |
---|
660 | 660 | | homestead property at the following rates: 14 |
---|
661 | 661 | | (1) The tax rate for nonhomestead property shall be rate of $1.59 per 15 |
---|
662 | 662 | | $100.00 divided by the statewide adjustment. 16 |
---|
663 | 663 | | (2) The tax rate for homestead property shall be $1.00 multiplied by the 17 |
---|
664 | 664 | | education property tax spending adjustment for the municipality per $100.00 of 18 |
---|
665 | 665 | | equalized education property value as most recently determined under section 19 |
---|
666 | 666 | | 5405 of this title. The homestead property tax rate for each municipality that is 20 BILL AS INTRODUCED S.104 |
---|
667 | 667 | | 2025 Page 28 of 61 |
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668 | 668 | | |
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669 | 669 | | |
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670 | 670 | | VT LEG #381212 v.3 |
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671 | 671 | | a member of a union or unified union school district shall be calculated as 1 |
---|
672 | 672 | | required under subsection (e) of this section. 2 |
---|
673 | 673 | | (b) The statewide nonhomestead education tax shall be calculated as 3 |
---|
674 | 674 | | follows: 4 |
---|
675 | 675 | | (1) The Commissioner of Taxes shall determine for each municipality 5 |
---|
676 | 676 | | the nonhomestead education tax rates rate under subsection (a) of this section 6 |
---|
677 | 677 | | divided by the number resulting from dividing the municipality’s most recent 7 |
---|
678 | 678 | | common level of appraisal by the statewide adjustment. The legislative body 8 |
---|
679 | 679 | | in each municipality shall then bill each property taxpayer at the homestead or 9 |
---|
680 | 680 | | nonhomestead rate determined by the Commissioner under this subdivision, 10 |
---|
681 | 681 | | multiplied by the nonhomestead education property tax grand list value of the 11 |
---|
682 | 682 | | property, properly classified as homestead or nonhomestead property and 12 |
---|
683 | 683 | | without regard to any other tax classification of the property. Statewide 13 |
---|
684 | 684 | | nonhomestead education property tax bills shall show the tax due and the 14 |
---|
685 | 685 | | calculation of the rate determined under subsection (a) of this section, divided 15 |
---|
686 | 686 | | by the number resulting from dividing the municipality’s most recent common 16 |
---|
687 | 687 | | level of appraisal by the statewide adjustment, multiplied by the current grand 17 |
---|
688 | 688 | | list value of the property to be taxed. Statewide nonhomestead education 18 |
---|
689 | 689 | | property tax bills shall also include language provided by the Commissioner 19 |
---|
690 | 690 | | pursuant to subsection 5405(g) of this title. 20 BILL AS INTRODUCED S.104 |
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691 | 691 | | 2025 Page 29 of 61 |
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692 | 692 | | |
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693 | 693 | | |
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694 | 694 | | VT LEG #381212 v.3 |
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695 | 695 | | (2) Taxes assessed under this section shall be assessed and collected in 1 |
---|
696 | 696 | | the same manner as taxes assessed under chapter 133 of this title with no tax 2 |
---|
697 | 697 | | classification other than as homestead or nonhomestead property; provided, 3 |
---|
698 | 698 | | however, that the tax levied under this chapter shall be billed to each taxpayer 4 |
---|
699 | 699 | | by the municipality in a manner that clearly indicates the tax is separate from 5 |
---|
700 | 700 | | any other tax assessed and collected under chapter 133, including an 6 |
---|
701 | 701 | | itemization of the separate taxes due. The bill may be on a single sheet of 7 |
---|
702 | 702 | | paper with the statewide education tax and other taxes presented separately and 8 |
---|
703 | 703 | | side by side. 9 |
---|
704 | 704 | | (3) If a district has not voted a budget by June 30, an interim homestead 10 |
---|
705 | 705 | | education tax shall be imposed at the base rate determined under subdivision 11 |
---|
706 | 706 | | (a)(2) of this section, divided by the number resulting from dividing the 12 |
---|
707 | 707 | | municipality’s most recent common level of appraisal by the statewide 13 |
---|
708 | 708 | | adjustment, but without regard to any spending adjustment under subdivision 14 |
---|
709 | 709 | | 5401(13) of this title. Within 30 days after a budget is adopted and the deadline 15 |
---|
710 | 710 | | for reconsideration has passed, the Commissioner shall determine the 16 |
---|
711 | 711 | | municipality’s homestead tax rate as required under subdivision (1) of this 17 |
---|
712 | 712 | | subsection. [Repealed.] 18 |
---|
713 | 713 | | (c)(1) The treasurer of each municipality shall by December 1 of the year in 19 |
---|
714 | 714 | | which the tax is levied and on June 1 of the following year pay to the State 20 |
---|
715 | 715 | | Treasurer for deposit in the Education Fund one-half of the municipality’s 21 BILL AS INTRODUCED S.104 |
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716 | 716 | | 2025 Page 30 of 61 |
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717 | 717 | | |
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718 | 718 | | |
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719 | 719 | | VT LEG #381212 v.3 |
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720 | 720 | | statewide nonhomestead tax and one-half of the municipality’s homestead 1 |
---|
721 | 721 | | education tax, as determined under subdivision (b)(1) of this section. 2 |
---|
722 | 722 | | (2) The Secretary of Education shall determine each municipality’s net 3 |
---|
723 | 723 | | nonhomestead education tax payment and its net homestead education tax 4 |
---|
724 | 724 | | payment to the State based on grand list information received by the Secretary 5 |
---|
725 | 725 | | not later than the March 15 prior to the June 1 net payment. Payment shall be 6 |
---|
726 | 726 | | accompanied by a return prescribed by the Secretary of Education. Each 7 |
---|
727 | 727 | | municipality may retain 0.225 of one percent of the total education tax 8 |
---|
728 | 728 | | collected, only upon timely remittance of net payment to the State Treasurer or 9 |
---|
729 | 729 | | to the applicable school district or districts. Each municipality may also retain 10 |
---|
730 | 730 | | $15.00 for each late property tax credit claim filed after April 15 and before 11 |
---|
731 | 731 | | September 2, as notified by the Department of Taxes, for the cost of issuing a 12 |
---|
732 | 732 | | new property tax bill. 13 |
---|
733 | 733 | | (d) [Repealed.] 14 |
---|
734 | 734 | | (e) The Commissioner of Taxes shall determine a homestead education tax 15 |
---|
735 | 735 | | rate for each municipality that is a member of a union or unified union school 16 |
---|
736 | 736 | | district as follows: 17 |
---|
737 | 737 | | (1) For a municipality that is a member of a unified union school 18 |
---|
738 | 738 | | district, use the base rate determined under subdivision (a)(2) of this section 19 |
---|
739 | 739 | | and a spending adjustment under subdivision 5401(13) of this title based upon 20 |
---|
740 | 740 | | the per pupil education spending of the unified union. 21 BILL AS INTRODUCED S.104 |
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741 | 741 | | 2025 Page 31 of 61 |
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742 | 742 | | |
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743 | 743 | | |
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744 | 744 | | VT LEG #381212 v.3 |
---|
745 | 745 | | (2) For a municipality that is a member of a union school district: 1 |
---|
746 | 746 | | (A) Determine the municipal district homestead tax rate using the 2 |
---|
747 | 747 | | base rate determined under subdivision (a)(2) of this section and a spending 3 |
---|
748 | 748 | | adjustment under subdivision 5401(13) of this title based on the per pupil 4 |
---|
749 | 749 | | education spending in the municipality who attends a school other than the 5 |
---|
750 | 750 | | union school. 6 |
---|
751 | 751 | | (B) Determine the union district homestead tax rate using the base 7 |
---|
752 | 752 | | rate determined under subdivision (a)(2) of this section and a spending 8 |
---|
753 | 753 | | adjustment under subdivision 5401(13) of this title based on the per pupil 9 |
---|
754 | 754 | | education spending of the union school district. 10 |
---|
755 | 755 | | (C) Determine a combined homestead tax rate by calculating the 11 |
---|
756 | 756 | | weighted average of the rates determined under subdivisions (A) and (B) of 12 |
---|
757 | 757 | | this subdivision (2), with weighting based upon the ratio of union school long-13 |
---|
758 | 758 | | term membership, as defined in 16 V.S.A. § 4001(7), from the member 14 |
---|
759 | 759 | | municipality to total long-term membership of the member municipality; and 15 |
---|
760 | 760 | | the ratio of long-term membership attending a school other than the union 16 |
---|
761 | 761 | | school to total long-term membership of the member municipality. Total long-17 |
---|
762 | 762 | | term membership of the member municipality is based on the number of pupils 18 |
---|
763 | 763 | | who are legal residents of the municipality and attending school at public 19 |
---|
764 | 764 | | expense. If necessary, the Commissioner may adopt a rule to clarify and 20 |
---|
765 | 765 | | facilitate implementation of this subsection (e). [Repealed.] 21 BILL AS INTRODUCED S.104 |
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766 | 766 | | 2025 Page 32 of 61 |
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767 | 767 | | |
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768 | 768 | | |
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769 | 769 | | VT LEG #381212 v.3 |
---|
770 | 770 | | Sec. 13. 32 V.S.A. § 5402b is amended to read: 1 |
---|
771 | 771 | | § 5402b. STATEWIDE EDUCATION TAX YIELDS RATES; 2 |
---|
772 | 772 | | RECOMMENDATION OF THE COMMISSIONER 3 |
---|
773 | 773 | | (a) Annually, not later than December 1, the Commissioner of Taxes, after 4 |
---|
774 | 774 | | consultation with the Secretary of Education, the Secretary of Administration, 5 |
---|
775 | 775 | | and the Joint Fiscal Office, shall calculate and recommend a property dollar 6 |
---|
776 | 776 | | equivalent yield, an income dollar equivalent yield, the education income tax 7 |
---|
777 | 777 | | rates and a nonhomestead property tax rate for the following fiscal year. In 8 |
---|
778 | 778 | | making these calculations, the Commissioner shall assume: 9 |
---|
779 | 779 | | (1) the homestead base tax rate in subdivision 5402(a)(2) of this title is 10 |
---|
780 | 780 | | $1.00 per $100.00 of equalized education property value; 11 |
---|
781 | 781 | | (2) the applicable percentage in subdivision 6066(a)(2) of this title is 12 |
---|
782 | 782 | | 2.0; 13 |
---|
783 | 783 | | (3) the statutory reserves under 16 V.S.A. § 4026 and this section were 14 |
---|
784 | 784 | | maintained at five percent; and 15 |
---|
785 | 785 | | (4)(2) the percentage change in the average education tax bill applied to 16 |
---|
786 | 786 | | nonhomestead property and the percentage change in the average education 17 |
---|
787 | 787 | | income tax bill of homestead property and the percentage change in the 18 |
---|
788 | 788 | | average education tax bill for taxpayers who claim a credit under subsection 19 |
---|
789 | 789 | | 6066(a) of this title are equal; 20 BILL AS INTRODUCED S.104 |
---|
790 | 790 | | 2025 Page 33 of 61 |
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791 | 791 | | |
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792 | 792 | | |
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793 | 793 | | VT LEG #381212 v.3 |
---|
794 | 794 | | (5) the equalized education grand list is multiplied by the statewide 1 |
---|
795 | 795 | | adjustment in calculating the property dollar equivalent yield; and 2 |
---|
796 | 796 | | (6) the nonhomestead rate is divided by the statewide adjustment. 3 |
---|
797 | 797 | | (b) For each fiscal year, the property dollar equivalent yield and the income 4 |
---|
798 | 798 | | dollar equivalent yield shall be the same as in the prior fiscal year, unless set 5 |
---|
799 | 799 | | otherwise by the General Assembly. [Repealed.] 6 |
---|
800 | 800 | | * * * 7 |
---|
801 | 801 | | Sec. 14. 32 V.S.A. § 5404 is amended to read: 8 |
---|
802 | 802 | | § 5404. DETERMINATION OF EDUCATION PROPERTY TAX GRAND 9 |
---|
803 | 803 | | LIST 10 |
---|
804 | 804 | | (a)(1) Municipalities shall determine the education property tax grand list 11 |
---|
805 | 805 | | by calculating one percent of the listed value of nonhomestead and homestead 12 |
---|
806 | 806 | | real property as provided in this section. The listed value of all nonhomestead 13 |
---|
807 | 807 | | and homestead real property in a municipality shall be its fair market value, its 14 |
---|
808 | 808 | | value established under a stabilization agreement described in section 5404a of 15 |
---|
809 | 809 | | this title, or the use value of property enrolled in a Use Value Program under 16 |
---|
810 | 810 | | chapter 124 of this title. 17 |
---|
811 | 811 | | (2) If a homestead is located on a parcel of greater than two acres, the 18 |
---|
812 | 812 | | entire parcel shall be appraised at fair market value;, the housesite homestead 19 |
---|
813 | 813 | | shall then be appraised as if it were situated on a separate parcel, and the value 20 |
---|
814 | 814 | | of the housesite homestead shall be subtracted from the value of the total 21 BILL AS INTRODUCED S.104 |
---|
815 | 815 | | 2025 Page 34 of 61 |
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816 | 816 | | |
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817 | 817 | | |
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818 | 818 | | VT LEG #381212 v.3 |
---|
819 | 819 | | parcel to determine the value of the remainder of the parcel, which shall be 1 |
---|
820 | 820 | | subject to the nonhomestead tax imposed under this chapter. Pursuant to 2 |
---|
821 | 821 | | subdivision 4152(a)(9) of this title, a homestead shall be appraised and listed at 3 |
---|
822 | 822 | | what the full fair market value of the property would be absent the exemption 4 |
---|
823 | 823 | | from nonhomestead tax. 5 |
---|
824 | 824 | | * * * 6 |
---|
825 | 825 | | Sec. 15. 32 V.S.A. § 5405 is amended to read: 7 |
---|
826 | 826 | | § 5405. DETERMINATION OF EQUALIZED EDUCATION PROPERTY 8 |
---|
827 | 827 | | TAX GRAND LIST AND COEFFICIENT OF DISPERSION 9 |
---|
828 | 828 | | * * * 10 |
---|
829 | 829 | | (c) In determining the fair market value of property that is required to be 11 |
---|
830 | 830 | | listed at fair market value, the Commissioner shall take into consideration 12 |
---|
831 | 831 | | those factors required by section 3481 of this title. The Commissioner shall 13 |
---|
832 | 832 | | value property as of April 1 preceding the determination and shall take account 14 |
---|
833 | 833 | | of all homestead declaration information available before October 1 each year. 15 |
---|
834 | 834 | | * * * 16 |
---|
835 | 835 | | (g) The Commissioner shall provide to municipalities for the front of 17 |
---|
836 | 836 | | property tax bills the district homestead property tax rate before equalization, 18 |
---|
837 | 837 | | the nonresidential nonhomestead tax rate before equalization, and the 19 |
---|
838 | 838 | | calculation process that creates the equalized homestead and nonhomestead tax 20 |
---|
839 | 839 | | rates rate. The Commissioner shall further provide to municipalities for the 21 BILL AS INTRODUCED S.104 |
---|
840 | 840 | | 2025 Page 35 of 61 |
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841 | 841 | | |
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842 | 842 | | |
---|
843 | 843 | | VT LEG #381212 v.3 |
---|
844 | 844 | | back of property tax bills an explanation of the common level of appraisal, 1 |
---|
845 | 845 | | including its origin and purpose. 2 |
---|
846 | 846 | | Sec. 16. 32 V.S.A. § 5406(c) is amended to read: 3 |
---|
847 | 847 | | (c) If the Director of Property Valuation and Review certifies that a 4 |
---|
848 | 848 | | municipality has completed a townwide reappraisal, the common level of 5 |
---|
849 | 849 | | appraisal for that municipality shall be equal to its new grand list value divided 6 |
---|
850 | 850 | | by its most recent equalized grand list value, for purposes of determining the 7 |
---|
851 | 851 | | nonhomestead education property tax rates rate. 8 |
---|
852 | 852 | | Sec. 17. 32 V.S.A. § 5409 is amended to read: 9 |
---|
853 | 853 | | § 5409. DUTIES OF MUNICIPALITIES AND ADMINISTRATION 10 |
---|
854 | 854 | | The following shall apply with regard to the statewide nonhomestead 11 |
---|
855 | 855 | | education property tax imposed under this chapter: 12 |
---|
856 | 856 | | * * * 13 |
---|
857 | 857 | | (2) If by August 1 a municipality has failed to issue notices of 14 |
---|
858 | 858 | | assessment of the statewide nonhomestead education property tax, or if the 15 |
---|
859 | 859 | | municipality fails for more than 90 days after the due date for any installment 16 |
---|
860 | 860 | | payment to enforce the tax in the municipality, then the Commissioner of 17 |
---|
861 | 861 | | Taxes shall either issue notices of assessment or collect the tax, or both, or 18 |
---|
862 | 862 | | bring appropriate court action to require the municipal officials to issue notices 19 |
---|
863 | 863 | | and collect the tax, as the Commissioner deems necessary. 20 BILL AS INTRODUCED S.104 |
---|
864 | 864 | | 2025 Page 36 of 61 |
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865 | 865 | | |
---|
866 | 866 | | |
---|
867 | 867 | | VT LEG #381212 v.3 |
---|
868 | 868 | | (3) In any case of administration under subdivision (2) of this section by 1 |
---|
869 | 869 | | the Commissioner of Taxes of education property tax: 2 |
---|
870 | 870 | | * * * 3 |
---|
871 | 871 | | (C) The Commissioner may abate in whole or in part the statewide 4 |
---|
872 | 872 | | nonhomestead education taxes property tax of a taxpayer who has been granted 5 |
---|
873 | 873 | | an abatement of municipal taxes under 24 V.S.A. § 1535. 6 |
---|
874 | 874 | | (4) [Repealed.] 7 |
---|
875 | 875 | | (5) In case of insufficient property tax payment by a taxpayer to a 8 |
---|
876 | 876 | | municipality, payments shall be allocated first to municipal property tax and 9 |
---|
877 | 877 | | next to statewide nonhomestead education property tax. In case of insufficient 10 |
---|
878 | 878 | | payment by a taxpayer to the Department of Taxes, payments shall be allocated 11 |
---|
879 | 879 | | first to liabilities other than the nonhomestead education taxes property tax and 12 |
---|
880 | 880 | | next to the nonhomestead education property tax. 13 |
---|
881 | 881 | | (6) In case of overpayment by a taxpayer who has an income tax 14 |
---|
882 | 882 | | liability under chapter 151 of this title and a homestead property tax liability, a 15 |
---|
883 | 883 | | refund of the overpayment, after accounting for any benefit amount allowed 16 |
---|
884 | 884 | | under chapter 154 of this title, shall be deemed to be a refund of income tax for 17 |
---|
885 | 885 | | purposes of debt setoff under chapter 151, subchapter 12 of this title. 18 |
---|
886 | 886 | | [Repealed.] 19 BILL AS INTRODUCED S.104 |
---|
887 | 887 | | 2025 Page 37 of 61 |
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888 | 888 | | |
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889 | 889 | | |
---|
890 | 890 | | VT LEG #381212 v.3 |
---|
891 | 891 | | (7) Notwithstanding section 435 of this title, the Commissioner shall 1 |
---|
892 | 892 | | deposit the revenue from taxes the nonhomestead education property tax 2 |
---|
893 | 893 | | imposed under this chapter in the education fund Education Fund. 3 |
---|
894 | 894 | | (8) A municipality’s liability to the State for education taxes the 4 |
---|
895 | 895 | | nonhomestead property tax shall not be reduced by any early payment property 5 |
---|
896 | 896 | | tax discount or similar discount offered by the municipality. 6 |
---|
897 | 897 | | * * * Repeals * * * 7 |
---|
898 | 898 | | Sec. 18. REPEALS; HOMESTEAD PROPERTY TAX AND CREDIT 8 |
---|
899 | 899 | | The following are repealed: 9 |
---|
900 | 900 | | (1) 32 V.S.A. § 3108(b)(4) (interest on overpayments to homestead tax 10 |
---|
901 | 901 | | liabilities); 11 |
---|
902 | 902 | | (2) 32 V.S.A. § 3800(g) (statutory purpose for veterans’ homestead 12 |
---|
903 | 903 | | property exemptions); 13 |
---|
904 | 904 | | (3) 32 V.S.A. § 3802(11) (veterans’ homestead property exemptions); 14 |
---|
905 | 905 | | and 15 |
---|
906 | 906 | | (4) 32 V.S.A. § 5410 (property tax credit; homestead declaration). 16 |
---|
907 | 907 | | Sec. 19. 32 V.S.A. § 4111(e) is amended to read: 17 |
---|
908 | 908 | | (e) When the listers return the grand list book to the town clerk, they shall 18 |
---|
909 | 909 | | notify by first-class mail, on which postage has been prepaid and that has been 19 |
---|
910 | 910 | | addressed to their last known address, all affected persons listed as property 20 |
---|
911 | 911 | | owners in the grand list book of any change in the appraised value of such 21 BILL AS INTRODUCED S.104 |
---|
912 | 912 | | 2025 Page 38 of 61 |
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913 | 913 | | |
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914 | 914 | | |
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915 | 915 | | VT LEG #381212 v.3 |
---|
916 | 916 | | property or any change in the allocation of value to the homestead as defined 1 |
---|
917 | 917 | | under subdivision 5401(7) of this title or the housesite as defined under 2 |
---|
918 | 918 | | subdivision 6061(11) of this title, and also notify them of the amount of such 3 |
---|
919 | 919 | | change and of the time and place fixed in the public notice hereinafter provided 4 |
---|
920 | 920 | | for, when persons aggrieved may be heard. No notice shall be required for a 5 |
---|
921 | 921 | | change solely to reflect a new use value set by the Current Use Advisory Board 6 |
---|
922 | 922 | | or the adjustment of that value by the common level of appraisal. Notices shall 7 |
---|
923 | 923 | | be mailed at least 14 days before the time fixed for hearing. Such personal 8 |
---|
924 | 924 | | notices shall be given in all towns and cities within the State, anything in the 9 |
---|
925 | 925 | | charter of any city to the contrary notwithstanding. At the same time, the 10 |
---|
926 | 926 | | listers shall post notices in the town clerk’s office and in at least four other 11 |
---|
927 | 927 | | public places in the town or, in the case of a city, in such other manner and 12 |
---|
928 | 928 | | places as the city charter shall provide, setting forth that they have completed 13 |
---|
929 | 929 | | and filed such book as an abstract and the time and place of the meeting for 14 |
---|
930 | 930 | | hearing grievances and making corrections. Unless the personal notices 15 |
---|
931 | 931 | | required hereby were sent by registered or certified mail, or unless an official 16 |
---|
932 | 932 | | certificate of mailing of the same was obtained from the post office, in the case 17 |
---|
933 | 933 | | of any controversy subsequently arising, it shall be presumed that the personal 18 |
---|
934 | 934 | | notices were not mailed as required. 19 BILL AS INTRODUCED S.104 |
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935 | 935 | | 2025 Page 39 of 61 |
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936 | 936 | | |
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937 | 937 | | |
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938 | 938 | | VT LEG #381212 v.3 |
---|
939 | 939 | | Sec. 20. 32 V.S.A § 4152(a) is amended to read: 1 |
---|
940 | 940 | | (a) When completed, the grand list of a town shall be in such form as the 2 |
---|
941 | 941 | | Director prescribes and shall contain such information as the Director 3 |
---|
942 | 942 | | prescribes, including: 4 |
---|
943 | 943 | | * * * 5 |
---|
944 | 944 | | (9) Separate columns A separate column that will show what the listed 6 |
---|
945 | 945 | | valuations full fair market value of homesteads, as defined in subdivision 7 |
---|
946 | 946 | | 5401(7) of this title, and housesites as defined under subdivision 6061(11) of 8 |
---|
947 | 947 | | this title would be absent the exemption from nonhomestead property tax. 9 |
---|
948 | 948 | | Sec. 21. 32 V.S.A. § 4261 is amended to read: 10 |
---|
949 | 949 | | § 4261. CORRECTING OMISSION FROM GRAND LIST 11 |
---|
950 | 950 | | When real or personal estate is omitted from the grand list by mistake or an 12 |
---|
951 | 951 | | obvious error is found, the listers, with the approval of the selectboard, on or 13 |
---|
952 | 952 | | before December 31, may supply such omissions or correct such errors and 14 |
---|
953 | 953 | | make a certificate thereon of the fact; provided, however, the listers may make 15 |
---|
954 | 954 | | a correction resulting from the filing or rescission of a homestead declaration 16 |
---|
955 | 955 | | without approval of the selectboard. 17 |
---|
956 | 956 | | Sec. 22. 32 V.S.A. § 5400(c) is amended to read: 18 |
---|
957 | 957 | | (c) The statutory purpose of the exemption for qualified housing in 19 |
---|
958 | 958 | | subdivision 5404a(a)(6) of this title is to ensure that taxes on this rent- 20 |
---|
959 | 959 | | restricted housing provided to Vermonters of low and moderate income are 21 BILL AS INTRODUCED S.104 |
---|
960 | 960 | | 2025 Page 40 of 61 |
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961 | 961 | | |
---|
962 | 962 | | |
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963 | 963 | | VT LEG #381212 v.3 |
---|
964 | 964 | | more equivalent to property taxed using the State homestead rate and to adjust 1 |
---|
965 | 965 | | the costs of investment in rent-restricted housing to reflect more accurately the 2 |
---|
966 | 966 | | revenue potential of such property. 3 |
---|
967 | 967 | | * * * Municipal Property Tax Credit * * * 4 |
---|
968 | 968 | | Sec. 23. 32 V.S.A. chapter 154 is redesignated to read: 5 |
---|
969 | 969 | | CHAPTER 154. HOMESTEAD MUNICIPAL PROPERTY TAX CREDIT 6 |
---|
970 | 970 | | AND RENTER CREDIT 7 |
---|
971 | 971 | | Sec. 24. 32 V.S.A. § 6061 is amended to read: 8 |
---|
972 | 972 | | § 6061. DEFINITIONS 9 |
---|
973 | 973 | | As used in this chapter unless the context requires otherwise: 10 |
---|
974 | 974 | | (1) “Property Municipal property tax credit” means a credit of the prior 11 |
---|
975 | 975 | | tax year’s statewide or municipal property tax liability or a homestead owner 12 |
---|
976 | 976 | | credit, as authorized under section 6066 of this title, as the context requires. 13 |
---|
977 | 977 | | * * * 14 |
---|
978 | 978 | | (6) “Property Municipal property tax” means the amount of ad valorem 15 |
---|
979 | 979 | | taxes, exclusive of special assessments, interest, penalties, and charges for 16 |
---|
980 | 980 | | service, assessed by a municipality on real property in this State used as the 17 |
---|
981 | 981 | | claimant’s housesite, or that would have been assessed if the homestead had 18 |
---|
982 | 982 | | been properly declared at the time of assessment. 19 |
---|
983 | 983 | | * * * 20 BILL AS INTRODUCED S.104 |
---|
984 | 984 | | 2025 Page 41 of 61 |
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985 | 985 | | |
---|
986 | 986 | | |
---|
987 | 987 | | VT LEG #381212 v.3 |
---|
988 | 988 | | (11) “Housesite” means that portion of a homestead, as defined under 1 |
---|
989 | 989 | | subdivision 5401(7) of this title but not under subdivision 5401(7)(G) of this 2 |
---|
990 | 990 | | title, that includes as much of the land owned by the claimant surrounding the 3 |
---|
991 | 991 | | dwelling as is reasonably necessary for use of the dwelling as a home, but in 4 |
---|
992 | 992 | | no event more than two acres per dwelling unit, and, in the case of multiple 5 |
---|
993 | 993 | | dwelling units, not more than two acres per dwelling unit up to a maximum of 6 |
---|
994 | 994 | | 10 acres per parcel. [Repealed.] 7 |
---|
995 | 995 | | * * * 8 |
---|
996 | 996 | | (13) “Homestead” means a homestead as defined under subdivision 9 |
---|
997 | 997 | | 5401(7) of this title, but not under subdivision 5401(7)(G) of this title, and 10 |
---|
998 | 998 | | declared on or before October 15 in accordance with section 5410 6065 of this 11 |
---|
999 | 999 | | title. 12 |
---|
1000 | 1000 | | (14) “Statewide education tax rate” means the homestead education 13 |
---|
1001 | 1001 | | property tax rate multiplied by the municipality’s education spending 14 |
---|
1002 | 1002 | | adjustment under subdivision 5402(a)(2) of this title and used to calculate taxes 15 |
---|
1003 | 1003 | | assessed in the municipal fiscal year that began in the taxable year. 16 |
---|
1004 | 1004 | | [Repealed.] 17 |
---|
1005 | 1005 | | (15) “Adjusted property tax” means the amount of education and 18 |
---|
1006 | 1006 | | municipal property taxes on the homestead parcel after reduction for any 19 |
---|
1007 | 1007 | | municipal property tax credit under section 6066a of this chapter. 20 BILL AS INTRODUCED S.104 |
---|
1008 | 1008 | | 2025 Page 42 of 61 |
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1009 | 1009 | | |
---|
1010 | 1010 | | |
---|
1011 | 1011 | | VT LEG #381212 v.3 |
---|
1012 | 1012 | | (16) “Unadjusted property tax” means the amount of education and 1 |
---|
1013 | 1013 | | municipal property taxes on the homestead parcel before any reduction for a 2 |
---|
1014 | 1014 | | municipal property tax credit under section 6066a of this chapter. 3 |
---|
1015 | 1015 | | (17) “Equalized value of the housesite in the taxable year” means the 4 |
---|
1016 | 1016 | | value of the housesite on the grand list for April 1 of the taxable year, divided 5 |
---|
1017 | 1017 | | by the municipality’s common level of appraisal determined by equalization of 6 |
---|
1018 | 1018 | | the grand list for April 1 of the year preceding the taxable year. [Repealed.] 7 |
---|
1019 | 1019 | | * * * 8 |
---|
1020 | 1020 | | Sec. 25. 32 V.S.A. § 6062 is amended to read: 9 |
---|
1021 | 1021 | | § 6062. NUMBER AND IDENTITY OF CLAIMANTS; APPORTIONMENT 10 |
---|
1022 | 1022 | | * * * 11 |
---|
1023 | 1023 | | (b) Only one municipal property tax credit claimant per household per year 12 |
---|
1024 | 1024 | | shall be entitled to relief under this chapter. 13 |
---|
1025 | 1025 | | (c) When a homestead is owned by two or more persons as joint tenants, 14 |
---|
1026 | 1026 | | tenants by the entirety, or tenants in common and one or more of these persons 15 |
---|
1027 | 1027 | | are not members of the claimant’s household, the municipal property tax is the 16 |
---|
1028 | 1028 | | same proportion of the property tax levied on that homestead as the proportion 17 |
---|
1029 | 1029 | | of ownership of the homestead by the claimant and members of the claimant’s 18 |
---|
1030 | 1030 | | household; provided, however, that: 19 |
---|
1031 | 1031 | | (1) the municipal property tax of a claimant who is 62 years of age or 20 |
---|
1032 | 1032 | | older is the same proportion of the municipal property tax levied on that 21 BILL AS INTRODUCED S.104 |
---|
1033 | 1033 | | 2025 Page 43 of 61 |
---|
1034 | 1034 | | |
---|
1035 | 1035 | | |
---|
1036 | 1036 | | VT LEG #381212 v.3 |
---|
1037 | 1037 | | homestead as the proportion of ownership of the homestead by the claimant, 1 |
---|
1038 | 1038 | | members of the claimant’s household, and the claimant’s descendants, and the 2 |
---|
1039 | 1039 | | claimant’s siblings or spouse who have moved on an indefinite basis from the 3 |
---|
1040 | 1040 | | homestead to a residential care or nursing home and who claim no rebate or 4 |
---|
1041 | 1041 | | credit for such year under this chapter; 5 |
---|
1042 | 1042 | | (2) the municipal property tax of a claimant who is a joint tenant or 6 |
---|
1043 | 1043 | | tenant by the entirety with, and legally separated from, a spouse who is not a 7 |
---|
1044 | 1044 | | member of the household is the tax on the housesite for which the claimant is 8 |
---|
1045 | 1045 | | responsible pursuant to a court-approved settlement agreement; 9 |
---|
1046 | 1046 | | (3) the municipal property tax of a claimant who is a joint tenant with a 10 |
---|
1047 | 1047 | | former spouse and who has possession of the homestead pursuant to the joint 11 |
---|
1048 | 1048 | | owners’ final divorce decree is the municipal property tax for which the 12 |
---|
1049 | 1049 | | claimant is responsible under the joint owners’ final divorce decree or any 13 |
---|
1050 | 1050 | | modifying orders; and 14 |
---|
1051 | 1051 | | (4) if the homestead is a portion of a duplex and all owners of the duplex 15 |
---|
1052 | 1052 | | occupy some portion of the building as their principal residence, the municipal 16 |
---|
1053 | 1053 | | property tax of the claimant shall be that percentage of the total municipal 17 |
---|
1054 | 1054 | | property tax equal to the ratio of the claimant’s principal residence value to the 18 |
---|
1055 | 1055 | | total duplex building value. 19 |
---|
1056 | 1056 | | (d) Whenever a housesite is an integral part of a larger unit such as a farm 20 |
---|
1057 | 1057 | | or a multi-purpose multipurpose or multi-dwelling multidwelling building, 21 BILL AS INTRODUCED S.104 |
---|
1058 | 1058 | | 2025 Page 44 of 61 |
---|
1059 | 1059 | | |
---|
1060 | 1060 | | |
---|
1061 | 1061 | | VT LEG #381212 v.3 |
---|
1062 | 1062 | | municipal property taxes paid shall be that percentage of the total municipal 1 |
---|
1063 | 1063 | | property tax as the value of the housesite is to the total value. Upon a 2 |
---|
1064 | 1064 | | claimant’s request, the listers shall certify to the claimant the value of his or 3 |
---|
1065 | 1065 | | her the claimant’s homestead and housesite. 4 |
---|
1066 | 1066 | | * * * 5 |
---|
1067 | 1067 | | Sec. 26. 32 V.S.A. § 6063 is amended to read: 6 |
---|
1068 | 1068 | | § 6063. CLAIM AS PERSONAL; CREDIT AMOUNT AT TIME OF 7 |
---|
1069 | 1069 | | TRANSFER 8 |
---|
1070 | 1070 | | (a) The right to file a claim under this chapter is personal to the claimant 9 |
---|
1071 | 1071 | | and shall not survive his or her the claimant’s death, but the right may be 10 |
---|
1072 | 1072 | | exercised on behalf of a claimant by his or her the claimant’s legal guardian or 11 |
---|
1073 | 1073 | | attorney-in-fact. When a claimant dies after having filed a timely claim, the 12 |
---|
1074 | 1074 | | municipal property tax credit amount shall be credited to the homestead 13 |
---|
1075 | 1075 | | property tax liability of the claimant’s estate as provided in section 6066a of 14 |
---|
1076 | 1076 | | this title. 15 |
---|
1077 | 1077 | | (b) In case of sale or transfer of a residence, any municipal property tax 16 |
---|
1078 | 1078 | | credit amounts related to that residence shall be allocated to the seller at 17 |
---|
1079 | 1079 | | closing unless the parties otherwise agree. 18 BILL AS INTRODUCED S.104 |
---|
1080 | 1080 | | 2025 Page 45 of 61 |
---|
1081 | 1081 | | |
---|
1082 | 1082 | | |
---|
1083 | 1083 | | VT LEG #381212 v.3 |
---|
1084 | 1084 | | Sec. 27. 32 V.S.A. § 6064 is amended to read: 1 |
---|
1085 | 1085 | | § 6064. CLAIM APPLIED AGAINST OUTSTANDING LI ABILITIES 2 |
---|
1086 | 1086 | | The amount of any municipal property tax credit resulting under this 3 |
---|
1087 | 1087 | | chapter may be applied by the Commissioner, beginning July 1 of the calendar 4 |
---|
1088 | 1088 | | year in which the claim is filed, against any State tax liability outstanding 5 |
---|
1089 | 1089 | | against the claimant. 6 |
---|
1090 | 1090 | | Sec. 28. 32 V.S.A. § 6065 is amended to read: 7 |
---|
1091 | 1091 | | § 6065. FORMS; TABLES; NOTICES 8 |
---|
1092 | 1092 | | (a) A homestead owner shall declare ownership of a homestead for 9 |
---|
1093 | 1093 | | purposes of the municipal property tax credit. The Commissioner shall adopt 10 |
---|
1094 | 1094 | | rules governing the eligibility requirements for declaring a homestead. In 11 |
---|
1095 | 1095 | | administering this chapter, the Commissioner shall provide suitable claim 12 |
---|
1096 | 1096 | | forms with tables of allowable claims, instructions, and worksheets for 13 |
---|
1097 | 1097 | | claiming a homestead municipal property tax credit. 14 |
---|
1098 | 1098 | | (b) Prior to June 1, the Commissioner shall also prepare and supply to each 15 |
---|
1099 | 1099 | | town in the State notices describing the homestead municipal property tax 16 |
---|
1100 | 1100 | | credit for inclusion in property tax bills. The notice shall be in simple, plain 17 |
---|
1101 | 1101 | | language and shall explain how to file for a property tax credit, where to find 18 |
---|
1102 | 1102 | | assistance filing for a credit, and any other related information as determined 19 |
---|
1103 | 1103 | | by the Commissioner. The notice shall direct taxpayers to a resource where 20 |
---|
1104 | 1104 | | they can find versions of the notice translated into the five most common non-21 BILL AS INTRODUCED S.104 |
---|
1105 | 1105 | | 2025 Page 46 of 61 |
---|
1106 | 1106 | | |
---|
1107 | 1107 | | |
---|
1108 | 1108 | | VT LEG #381212 v.3 |
---|
1109 | 1109 | | English languages in the State. A town shall include such notice in each tax 1 |
---|
1110 | 1110 | | bill and notice of delinquent taxes that it mails to taxpayers who own in that 2 |
---|
1111 | 1111 | | town a residential property, without regard for whether the property was 3 |
---|
1112 | 1112 | | declared a homestead pursuant to subdivision 5401(7) of this title. 4 |
---|
1113 | 1113 | | (c) Notwithstanding the provisions of subsection (b) of this section, towns 5 |
---|
1114 | 1114 | | that use envelopes or mailers not able to accommodate notices describing the 6 |
---|
1115 | 1115 | | homestead municipal tax credit may distribute such notices in an alternative 7 |
---|
1116 | 1116 | | manner. 8 |
---|
1117 | 1117 | | Sec. 29. 32 V.S.A. § 6066 is amended to read: 9 |
---|
1118 | 1118 | | § 6066. COMPUTATION OF MUNICIPAL PROPERTY TAX CREDIT 10 |
---|
1119 | 1119 | | AND RENTER CREDIT 11 |
---|
1120 | 1120 | | (a) An eligible A claimant whose household income does not exceed 12 |
---|
1121 | 1121 | | $47,000.00 and who owned the homestead on April 1 of the year in which the 13 |
---|
1122 | 1122 | | claim is filed shall be entitled to a credit for the prior year’s homestead 14 |
---|
1123 | 1123 | | municipal property tax liability amount determined as follows: in an amount 15 |
---|
1124 | 1124 | | for the upcoming fiscal year that is equal to the amount by which the municipal 16 |
---|
1125 | 1125 | | property taxes for the municipal fiscal year that began in the taxable year upon 17 |
---|
1126 | 1126 | | the claimant’s housesite exceeds a percentage of the claimant’s household 18 |
---|
1127 | 1127 | | income for the taxable year, provided that in no event shall the credit under this 19 |
---|
1128 | 1128 | | subsection exceed the amount of the reduced property tax. The amount of the 20 |
---|
1129 | 1129 | | credit under this subsection shall be determined as follows: 21 BILL AS INTRODUCED S.104 |
---|
1130 | 1130 | | 2025 Page 47 of 61 |
---|
1131 | 1131 | | |
---|
1132 | 1132 | | |
---|
1133 | 1133 | | VT LEG #381212 v.3 |
---|
1134 | 1134 | | (1)(A) For a claimant with household income of $130,000.00 or more: 1 |
---|
1135 | 1135 | | (i) the statewide education tax rate, multiplied by the equalized 2 |
---|
1136 | 1136 | | value of the housesite in the taxable year; 3 |
---|
1137 | 1137 | | (ii) minus (if less) the sum of: 4 |
---|
1138 | 1138 | | (I) the income percentage of household income for the taxable 5 |
---|
1139 | 1139 | | year; plus 6 |
---|
1140 | 1140 | | (II) the statewide education tax rate, multiplied by the equalized 7 |
---|
1141 | 1141 | | value of the housesite in the taxable year in excess of $400,000.00. 8 |
---|
1142 | 1142 | | (B) For a claimant with household income of less than $90,000.00 but 9 |
---|
1143 | 1143 | | more than $60,000.00, the statewide education tax rate, multiplied by the 10 |
---|
1144 | 1144 | | equalized value of the housesite in the taxable year, minus (if less) the sum of: 11 |
---|
1145 | 1145 | | (i) the income percentage of household income for the taxable 12 |
---|
1146 | 1146 | | year; plus 13 |
---|
1147 | 1147 | | (ii) the statewide education tax rate, multiplied by the equalized 14 |
---|
1148 | 1148 | | value of the housesite in the taxable year in excess of $1,000,000.00. 15 |
---|
1149 | 1149 | | (C) For a claimant whose household income does not exceed 16 |
---|
1150 | 1150 | | $60,000.00, the statewide education tax rate, multiplied by the equalized value 17 |
---|
1151 | 1151 | | of the housesite in the taxable year, minus the lesser of: 18 |
---|
1152 | 1152 | | (i) the sum of the income percentage of household income for the 19 |
---|
1153 | 1153 | | taxable year plus the statewide education tax rate, multiplied by the equalized 20 |
---|
1154 | 1154 | | value of the housesite in the taxable year in excess of $1,000,000.00; or 21 BILL AS INTRODUCED S.104 |
---|
1155 | 1155 | | 2025 Page 48 of 61 |
---|
1156 | 1156 | | |
---|
1157 | 1157 | | |
---|
1158 | 1158 | | VT LEG #381212 v.3 |
---|
1159 | 1159 | | (ii) the statewide education tax rate, multiplied by the equalized 1 |
---|
1160 | 1160 | | value of the housesite in the taxable year reduced by $15,000.00. 2 |
---|
1161 | 1161 | | (2) “Income percentage” in this section means two percent, multiplied by 3 |
---|
1162 | 1162 | | the education income tax spending adjustment under subdivision 5401(13)(B) 4 |
---|
1163 | 1163 | | of this title for the property tax year that begins in the claim year for the 5 |
---|
1164 | 1164 | | municipality in which the homestead residence is located. 6 |
---|
1165 | 1165 | | (3) A claimant whose household income does not exceed $47,000.00 7 |
---|
1166 | 1166 | | shall also be entitled to an additional credit amount from the claimant’s 8 |
---|
1167 | 1167 | | municipal taxes for the upcoming fiscal year that is equal to the amount by 9 |
---|
1168 | 1168 | | which the municipal property taxes for the municipal fiscal year that began in 10 |
---|
1169 | 1169 | | the taxable year upon the claimant’s housesite exceeds a percentage of the 11 |
---|
1170 | 1170 | | claimant’s household income for the taxable year as follows: 12 |
---|
1171 | 1171 | | If household income (rounded then the taxpayer is entitled to 13 |
---|
1172 | 1172 | | to the nearest dollar) is: credit for the reduced property tax in 14 |
---|
1173 | 1173 | | excess of this percent of that income 15 |
---|
1174 | 1174 | | $0.00 — 9,999.00 1.50 16 |
---|
1175 | 1175 | | $10,000.00 — 47,000.00 3.00 17 |
---|
1176 | 1176 | | (4) A claimant whose household income does not exceed $60,000.00 18 |
---|
1177 | 1177 | | shall also be entitled to an additional credit amount from the claimant’s 19 |
---|
1178 | 1178 | | statewide education tax for the upcoming fiscal year that is equal to the amount 20 |
---|
1179 | 1179 | | by which the education property tax for the municipal fiscal year that began in 21 BILL AS INTRODUCED S.104 |
---|
1180 | 1180 | | 2025 Page 49 of 61 |
---|
1181 | 1181 | | |
---|
1182 | 1182 | | |
---|
1183 | 1183 | | VT LEG #381212 v.3 |
---|
1184 | 1184 | | the taxable year upon the claimant’s housesite, reduced by the credit amount 1 |
---|
1185 | 1185 | | determined under subdivisions (1) and (2) of this subsection, exceeds a 2 |
---|
1186 | 1186 | | percentage of the claimant’s household income for the taxable year as follows:3 |
---|
1187 | 1187 | | If household income (rounded then the taxpayer is entitled to 4 |
---|
1188 | 1188 | | to the nearest dollar) is: credit for the reduced property tax in 5 |
---|
1189 | 1189 | | excess of this percent of that income 6 |
---|
1190 | 1190 | | $0.00 — 9,999.00 0.50 7 |
---|
1191 | 1191 | | $10,000 — 24,999.00 1.50 8 |
---|
1192 | 1192 | | $25,000.00 — 46,999.00 2.00 9 |
---|
1193 | 1193 | | $47,000.00 — 60,000.00 lesser of 2.50 10 |
---|
1194 | 1194 | | or town rate 11 |
---|
1195 | 1195 | | (5) In no event shall the credit provided for in subdivision (3) or (4) of 12 |
---|
1196 | 1196 | | this subsection exceed the amount of the reduced property tax. The credits 13 |
---|
1197 | 1197 | | under subdivision (4) of this subsection shall be calculated considering only 14 |
---|
1198 | 1198 | | the tax due on the first $1,000,000.00 in equalized housesite value. 15 |
---|
1199 | 1199 | | * * * 16 |
---|
1200 | 1200 | | (e) Property taxes paid by a cooperative, not including a mobile home park 17 |
---|
1201 | 1201 | | cooperative, allocable to property used as a homestead shall be attributable to 18 |
---|
1202 | 1202 | | the co-op member for the purpose of computing the credit of municipal 19 |
---|
1203 | 1203 | | property tax liability of the co-op member under this section. Property owned 20 |
---|
1204 | 1204 | | by a cooperative declared as a homestead may only include the homestead and 21 BILL AS INTRODUCED S.104 |
---|
1205 | 1205 | | 2025 Page 50 of 61 |
---|
1206 | 1206 | | |
---|
1207 | 1207 | | |
---|
1208 | 1208 | | VT LEG #381212 v.3 |
---|
1209 | 1209 | | a pro rata share of any common land owned or leased by the cooperative, not 1 |
---|
1210 | 1210 | | to exceed the two-acre housesite limitation. The share of the cooperative’s 2 |
---|
1211 | 1211 | | assessed value attributable to the housesite shall be determined by the 3 |
---|
1212 | 1212 | | cooperative and specified annually in a notice to the co-op member. Property 4 |
---|
1213 | 1213 | | taxes paid by a mobile home park cooperative, allocable to property used as a 5 |
---|
1214 | 1214 | | housesite, shall be attributed to the owner of the housesite for the purpose of 6 |
---|
1215 | 1215 | | computing the credit of municipal property tax liability of the housesite owner 7 |
---|
1216 | 1216 | | under this section. Property owned by the mobile home park cooperative and 8 |
---|
1217 | 1217 | | declared as a housesite may only include common property of the cooperative 9 |
---|
1218 | 1218 | | contiguous with at least one mobile home lot in the park, not to exceed the 10 |
---|
1219 | 1219 | | two-acre housesite limitation. The share attributable to any mobile home lot 11 |
---|
1220 | 1220 | | shall be determined by the cooperative and specified in the cooperative 12 |
---|
1221 | 1221 | | agreement. 13 |
---|
1222 | 1222 | | (f) [Repealed.] 14 |
---|
1223 | 1223 | | (g) Notwithstanding subsection (d) of this section, if the land surrounding a 15 |
---|
1224 | 1224 | | homestead is owned by a nonprofit corporation or community land trust with 16 |
---|
1225 | 1225 | | tax exempt status under 26 U.S.C. § 501(c)(3), the homeowner may include an 17 |
---|
1226 | 1226 | | allocated amount as property tax paid on the land with the amount of property 18 |
---|
1227 | 1227 | | taxes paid by the homeowner on the home for the purposes of computation of 19 |
---|
1228 | 1228 | | the credit under this section. The allocated amount shall be determined by the 20 |
---|
1229 | 1229 | | nonprofit corporation or community land trust on a proportional basis. The 21 BILL AS INTRODUCED S.104 |
---|
1230 | 1230 | | 2025 Page 51 of 61 |
---|
1231 | 1231 | | |
---|
1232 | 1232 | | |
---|
1233 | 1233 | | VT LEG #381212 v.3 |
---|
1234 | 1234 | | nonprofit corporation or community land trust shall provide to that 1 |
---|
1235 | 1235 | | homeowner, by January 31, a certificate specifying the allocated amount. The 2 |
---|
1236 | 1236 | | certificate shall indicate the proportion of total property tax on the parcel that 3 |
---|
1237 | 1237 | | was assessed for municipal property tax and for statewide property tax. 4 |
---|
1238 | 1238 | | (h) A homestead owner shall be entitled to an additional property tax credit 5 |
---|
1239 | 1239 | | amount equal to one percent of the amount of income tax refund that the 6 |
---|
1240 | 1240 | | claimant elects to allocate to payment of homestead property tax under section 7 |
---|
1241 | 1241 | | 6068 of this title. [Repealed.] 8 |
---|
1242 | 1242 | | * * * 9 |
---|
1243 | 1243 | | Sec. 30. 32 V.S.A. § 6066a is amended to read: 10 |
---|
1244 | 1244 | | § 6066a. DETERMINATION OF MUNICIPAL PROPERTY TAX CREDIT 11 |
---|
1245 | 1245 | | (a) Annually, the Commissioner shall determine the municipal property tax 12 |
---|
1246 | 1246 | | credit amount under section 6066 of this title, related to a homestead owned by 13 |
---|
1247 | 1247 | | the claimant, based on the prior taxable year’s income and crediting municipal 14 |
---|
1248 | 1248 | | property taxes paid in the prior year. The Commissioner shall notify the 15 |
---|
1249 | 1249 | | municipality in which the housesite is located of the amount of the property tax 16 |
---|
1250 | 1250 | | credit for the claimant for homestead municipal property tax liabilities on a 17 |
---|
1251 | 1251 | | monthly basis. The tax credit of a claimant who was assessed property tax by 18 |
---|
1252 | 1252 | | a town that revised the dates of its fiscal year, however, is the excess of the 19 |
---|
1253 | 1253 | | municipal property tax that was assessed in the last 12 months of the revised 20 |
---|
1254 | 1254 | | fiscal year, over the adjusted property tax of the claimant for the revised fiscal 21 BILL AS INTRODUCED S.104 |
---|
1255 | 1255 | | 2025 Page 52 of 61 |
---|
1256 | 1256 | | |
---|
1257 | 1257 | | |
---|
1258 | 1258 | | VT LEG #381212 v.3 |
---|
1259 | 1259 | | year, as determined under section 6066 of this title, related to a homestead 1 |
---|
1260 | 1260 | | owned by the claimant. 2 |
---|
1261 | 1261 | | (b) The Commissioner shall include in the total property tax credit amount 3 |
---|
1262 | 1262 | | determined under subsection (a) of this section, for credit to the taxpayer for 4 |
---|
1263 | 1263 | | homestead property tax liabilities, any income tax overpayment remaining 5 |
---|
1264 | 1264 | | after allocation under section 3112 of this title and setoff under section 5934 of 6 |
---|
1265 | 1265 | | this title, which the taxpayer has directed to be used for payment of property 7 |
---|
1266 | 1266 | | taxes. [Repealed.] 8 |
---|
1267 | 1267 | | (c) The Commissioner shall notify the municipality of any claim and 9 |
---|
1268 | 1268 | | refund amounts unresolved by November 1 at the time of final resolution, 10 |
---|
1269 | 1269 | | including adjudication, if any; provided, however, that towns will not be 11 |
---|
1270 | 1270 | | notified of any additional credit amounts after November 1 of the claim year, 12 |
---|
1271 | 1271 | | and such amounts shall be paid to the claimant by the Commissioner. 13 |
---|
1272 | 1272 | | (d) [Repealed.] 14 |
---|
1273 | 1273 | | (e) At the time of notice to the municipality, the Commissioner shall notify 15 |
---|
1274 | 1274 | | the taxpayer of the municipal property tax credit amount determined under 16 |
---|
1275 | 1275 | | subdivision subsection 6066(a)(1) of this title, the amount determined under 17 |
---|
1276 | 1276 | | subdivision 6066(a)(3) of this title, any additional credit amounts due the 18 |
---|
1277 | 1277 | | homestead owner under section 6066 of this title, the amount of income tax 19 |
---|
1278 | 1278 | | refund, if any, allocated to payment of homestead property tax liabilities, and 20 |
---|
1279 | 1279 | | any late-claim reduction amount. 21 BILL AS INTRODUCED S.104 |
---|
1280 | 1280 | | 2025 Page 53 of 61 |
---|
1281 | 1281 | | |
---|
1282 | 1282 | | |
---|
1283 | 1283 | | VT LEG #381212 v.3 |
---|
1284 | 1284 | | (f)(1) For taxpayers and amounts stated in the notice to towns on or before 1 |
---|
1285 | 1285 | | July 1, municipalities shall create and send to taxpayers a homestead property 2 |
---|
1286 | 1286 | | tax bill, instead of the bill required under subdivision 5402(b)(1) of this title, 3 |
---|
1287 | 1287 | | providing the total amount allocated to payment of homestead education 4 |
---|
1288 | 1288 | | property tax liabilities and notice of the balance due. Municipalities shall 5 |
---|
1289 | 1289 | | apply the amount allocated under this chapter to current year property taxes in 6 |
---|
1290 | 1290 | | equal amounts to each of the taxpayers’ property tax installments that include 7 |
---|
1291 | 1291 | | education taxes. Notwithstanding section 4772 of this title, if a town issues a 8 |
---|
1292 | 1292 | | corrected bill as a result of the notice sent by the Commissioner under 9 |
---|
1293 | 1293 | | subsection (a) of this section, issuance of the corrected new bill does not 10 |
---|
1294 | 1294 | | extend the time for payment of the original bill nor relieve the taxpayer of any 11 |
---|
1295 | 1295 | | interest or penalties associated with the original bill. If the corrected bill is less 12 |
---|
1296 | 1296 | | than the original bill, and there are also no unpaid current year taxes, interest, 13 |
---|
1297 | 1297 | | or penalties, and no past year delinquent taxes or penalties and interest charges, 14 |
---|
1298 | 1298 | | any overpayment shall be reflected on the corrected tax bill and refunded to the 15 |
---|
1299 | 1299 | | taxpayer. 16 |
---|
1300 | 1300 | | (2) For property tax credit amounts for which municipalities receive 17 |
---|
1301 | 1301 | | notice after November 1, municipalities shall issue a new homestead property 18 |
---|
1302 | 1302 | | tax bill with notice to the taxpayer of the total amount allocated to payment of 19 |
---|
1303 | 1303 | | homestead property tax liabilities and notice of the balance due. 20 BILL AS INTRODUCED S.104 |
---|
1304 | 1304 | | 2025 Page 54 of 61 |
---|
1305 | 1305 | | |
---|
1306 | 1306 | | |
---|
1307 | 1307 | | VT LEG #381212 v.3 |
---|
1308 | 1308 | | (3) The property tax credit amount determined for the taxpayer shall be 1 |
---|
1309 | 1309 | | allocated first to current year property tax on the homestead parcel, next to 2 |
---|
1310 | 1310 | | current-year homestead parcel penalties and interest, next to any prior year 3 |
---|
1311 | 1311 | | homestead parcel penalties and interest, and last to any prior year property tax 4 |
---|
1312 | 1312 | | on the homestead parcel. No credit shall be allocated to a property tax liability 5 |
---|
1313 | 1313 | | for any year after the year for which the claim or refund allocation was filed. 6 |
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1314 | 1314 | | No municipal tax-reduction incentive for early payment of taxes shall apply to 7 |
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1315 | 1315 | | any amount allocated to the property tax bill under this chapter. 8 |
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1316 | 1316 | | (4) If the property tax credit amount as described in subsection (e) of 9 |
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1317 | 1317 | | this section exceeds the property tax, penalties, and interest due for the current 10 |
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1318 | 1318 | | and all prior years, the municipality shall refund the excess to the taxpayer, 11 |
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1319 | 1319 | | without interest, within 20 days of the first date upon which taxes become due 12 |
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1320 | 1320 | | and payable or 20 days after notification of the credit amount by the 13 |
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1321 | 1321 | | Commissioner of Taxes, whichever is later. [Repealed.] 14 |
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1322 | 1322 | | (g) The Commissioner of Taxes shall pay monthly to each municipality the 15 |
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1323 | 1323 | | amount of municipal property tax credit of which the municipality was last 16 |
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1324 | 1324 | | notified related to municipal property tax on homesteads within that 17 |
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1325 | 1325 | | municipality, as determined by the Commissioner of Taxes. 18 BILL AS INTRODUCED S.104 |
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1326 | 1326 | | 2025 Page 55 of 61 |
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1327 | 1327 | | |
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1328 | 1328 | | |
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1329 | 1329 | | VT LEG #381212 v.3 |
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1330 | 1330 | | Sec. 31. 32 V.S.A. § 6067 is amended to read: 1 |
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1331 | 1331 | | § 6067. CREDIT LIMITATIONS 2 |
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1332 | 1332 | | Only one individual per household per taxable year shall be entitled to a 3 |
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1333 | 1333 | | municipal property tax credit under this chapter. An individual who received a 4 |
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1334 | 1334 | | homestead exemption or credit with respect to property taxes assessed by 5 |
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1335 | 1335 | | another state for the taxable year shall not be entitled to receive a credit under 6 |
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1336 | 1336 | | this chapter. No taxpayer shall receive a renter credit under subsection 6066(b) 7 |
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1337 | 1337 | | of this title in excess of $2,500.00. No taxpayer shall receive a municipal 8 |
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1338 | 1338 | | property tax credit under subdivision subsection 6066(a)(3) of this title greater 9 |
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1339 | 1339 | | than $2,400.00 or cumulative credit under subdivisions 6066(a)(1)-(2) and (4) 10 |
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1340 | 1340 | | of this title greater than $5,600.00. 11 |
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1341 | 1341 | | Sec. 32. 32 V.S.A. § 6068 is amended to read: 12 |
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1342 | 1342 | | § 6068. APPLICATION AND TIME FOR FILING 13 |
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1343 | 1343 | | (a) A property tax credit claim or request for allocation of an income tax 14 |
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1344 | 1344 | | refund to homestead property tax payment shall be filed with the 15 |
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1345 | 1345 | | Commissioner on or before the due date for filing the Vermont income tax 16 |
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1346 | 1346 | | return, without extension, and shall describe the school district in which the 17 |
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1347 | 1347 | | homestead property is located and shall particularly describe the homestead 18 |
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1348 | 1348 | | property for which the credit or allocation is sought, including the school 19 |
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1349 | 1349 | | parcel account number prescribed in subsection 5404(b) of this title. A renter 20 BILL AS INTRODUCED S.104 |
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1350 | 1350 | | 2025 Page 56 of 61 |
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1351 | 1351 | | |
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1352 | 1352 | | |
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1353 | 1353 | | VT LEG #381212 v.3 |
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1354 | 1354 | | credit claim shall be filed with the Commissioner on or before the due date for 1 |
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1355 | 1355 | | filing the Vermont income tax return, without extension. 2 |
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1356 | 1356 | | (b) If the claimant files a claim after October 15 but on or before March 15 3 |
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1357 | 1357 | | of the following calendar year, the municipal property tax credit under this 4 |
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1358 | 1358 | | chapter: 5 |
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1359 | 1359 | | * * * 6 |
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1360 | 1360 | | (c) No request for allocation of an income tax refund or for a renter credit 7 |
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1361 | 1361 | | claim may be made after October 15. No municipal property tax credit claim 8 |
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1362 | 1362 | | may be made after March 15 of the calendar year following the due date under 9 |
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1363 | 1363 | | subsection (a) of this section. 10 |
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1364 | 1364 | | Sec. 33. 32 V.S.A. § 6070 is amended to read: 11 |
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1365 | 1365 | | § 6070. DISALLOWED CLAIMS 12 |
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1366 | 1366 | | A claim shall be disallowed if the claimant received title to his or her the 13 |
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1367 | 1367 | | claimant’s homestead primarily for the purpose of receiving benefits under this 14 |
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1368 | 1368 | | chapter. 15 |
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1369 | 1369 | | * * * Revenue Allocation and Education Payments * * * 16 |
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1370 | 1370 | | Sec. 34. 16 V.S.A. § 4001 is amended to read: 17 |
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1371 | 1371 | | § 4001. DEFINITIONS 18 |
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1372 | 1372 | | As used in this chapter: 19 BILL AS INTRODUCED S.104 |
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1373 | 1373 | | 2025 Page 57 of 61 |
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1374 | 1374 | | |
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1375 | 1375 | | |
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1376 | 1376 | | VT LEG #381212 v.3 |
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1377 | 1377 | | (1) “Average daily membership” of a school district or, if needed in 1 |
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1378 | 1378 | | order to calculate the appropriate homestead education income tax rate, of the 2 |
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1379 | 1379 | | municipality as defined in 32 V.S.A. § 5401(9), in any year means: 3 |
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1380 | 1380 | | * * * 4 |
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1381 | 1381 | | (2) “Equalized grand list” has the same meaning that equalized 5 |
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1382 | 1382 | | education property tax grand list has in 32 V.S.A. chapter 135. 6 |
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1383 | 1383 | | * * * 7 |
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1384 | 1384 | | Sec. 35. 16 V.S.A. § 4025 is amended to read: 8 |
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1385 | 1385 | | § 4025. EDUCATION FUND 9 |
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1386 | 1386 | | (a) The Education Fund is established to comprise the following: 10 |
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1387 | 1387 | | (1) all revenue paid to the State from the statewide education tax on 11 |
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1388 | 1388 | | nonhomestead and homestead property under 32 V.S.A. chapter 135; 12 |
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1389 | 1389 | | * * * 13 |
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1390 | 1390 | | (10) wind-powered electric generating facilities tax deposited pursuant 14 |
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1391 | 1391 | | to 32 V.S.A. § 5402c; and 15 |
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1392 | 1392 | | (11) revenues from the short-term rental surcharge under 32 V.S.A. 16 |
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1393 | 1393 | | § 9301; and 17 |
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1394 | 1394 | | (12) revenues from the education income tax imposed by 32 V.S.A. 18 |
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1395 | 1395 | | chapter 151, subchapter 14. 19 |
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1396 | 1396 | | (b) Monies in the Education Fund shall be used for the following: 20 |
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1397 | 1397 | | * * * 21 BILL AS INTRODUCED S.104 |
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1398 | 1398 | | 2025 Page 58 of 61 |
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1399 | 1399 | | |
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1400 | 1400 | | |
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1401 | 1401 | | VT LEG #381212 v.3 |
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1402 | 1402 | | (3) To make payments required under 32 V.S.A. § 6066(a)(1) and only 1 |
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1403 | 1403 | | that portion attributable to education taxes, as determined by the Commissioner 2 |
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1404 | 1404 | | of Taxes, of payments required under 32 V.S.A. § 6066(a)(3). The State 3 |
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1405 | 1405 | | Treasurer shall withdraw funds from the Education Fund upon warrants issued 4 |
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1406 | 1406 | | by the Commissioner of Finance and Management based on information 5 |
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1407 | 1407 | | supplied by the Commissioner of Taxes. The Commissioner of Finance and 6 |
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1408 | 1408 | | Management may draw warrants for disbursements from the Fund in 7 |
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1409 | 1409 | | anticipation of receipts. All balances in the Fund at the end of any fiscal year 8 |
---|
1410 | 1410 | | shall be carried forward and remain a part of the Fund. Interest accruing from 9 |
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1411 | 1411 | | the Fund shall remain in the Fund. [Repealed.] 10 |
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1412 | 1412 | | * * * 11 |
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1413 | 1413 | | Sec. 36. 32 V.S.A. § 435(b) is amended to read: 12 |
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1414 | 1414 | | (b) The General Fund shall be composed of revenues from the following 13 |
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1415 | 1415 | | sources: 14 |
---|
1416 | 1416 | | * * * 15 |
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1417 | 1417 | | (5) individual income taxes levied pursuant to chapter 151 of this title, 16 |
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1418 | 1418 | | except for the education income tax surcharge imposed by section 5962 of this 17 |
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1419 | 1419 | | title; 18 |
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1420 | 1420 | | * * * 19 BILL AS INTRODUCED S.104 |
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1421 | 1421 | | 2025 Page 59 of 61 |
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1422 | 1422 | | |
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1423 | 1423 | | |
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1424 | 1424 | | VT LEG #381212 v.3 |
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1425 | 1425 | | * * * Application of Education Income Tax to Renters * * * 1 |
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1426 | 1426 | | Sec. 37. 32 V.S.A. § 5962 is amended to read: 2 |
---|
1427 | 1427 | | § 5962. EDUCATION INCOME TAX ON INDIVIDUALS 3 |
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1428 | 1428 | | (a) In addition to the personal income tax assessed under section 5822 of 4 |
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1429 | 1429 | | this title, there shall be an education income tax imposed each taxable year 5 |
---|
1430 | 1430 | | upon the adjusted gross income earned or received in that year by every 6 |
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1431 | 1431 | | individual subject to income taxation under the laws of the United States who 7 |
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1432 | 1432 | | is not listed as a renter for that year on a landlord certificate furnished pursuant 8 |
---|
1433 | 1433 | | to section 6069 of this title, in an amount determined by the following tables 9 |
---|
1434 | 1434 | | and adjusted as required under this section and section 5963 of this subchapter. 10 |
---|
1435 | 1435 | | * * * 11 |
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1436 | 1436 | | Sec. 38. 32 V.S.A. § 5964 is added to read: 12 |
---|
1437 | 1437 | | § 5964. EDUCATION INCOME TAX; RENTER CREDIT 13 |
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1438 | 1438 | | (a) A resident individual or part-year resident individual shall be entitled to 14 |
---|
1439 | 1439 | | a nonrefundable credit against the tax imposed by section 5962 of this title for 15 |
---|
1440 | 1440 | | the taxable year. The total credit per taxable year shall be 21 percent of gross 16 |
---|
1441 | 1441 | | rent paid by the renter during the taxable year, multiplied by the percentage 17 |
---|
1442 | 1442 | | that the individual’s income that is earned or received during the period of the 18 |
---|
1443 | 1443 | | individual’s residency in this State bears to the individual’s total income. 19 BILL AS INTRODUCED S.104 |
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1444 | 1444 | | 2025 Page 60 of 61 |
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1445 | 1445 | | |
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1446 | 1446 | | |
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1447 | 1447 | | VT LEG #381212 v.3 |
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1448 | 1448 | | (b) As used in this section, “gross rent” means the rent and related charges 1 |
---|
1449 | 1449 | | paid by the individual for the right to occupy the individual’s primary dwelling 2 |
---|
1450 | 1450 | | as the individual’s domicile in this State during the taxable year. 3 |
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1451 | 1451 | | Sec. 39. 16 V.S.A. § 4025 is amended to read: 4 |
---|
1452 | 1452 | | § 4025. EDUCATION FUND 5 |
---|
1453 | 1453 | | * * * 6 |
---|
1454 | 1454 | | (b) Monies in the Education Fund shall be used for the following: 7 |
---|
1455 | 1455 | | * * * 8 |
---|
1456 | 1456 | | (3) To make payments required under 32 V.S.A. § 5964, as determined 9 |
---|
1457 | 1457 | | by the Commissioner of Taxes. The State Treasurer shall withdraw funds from 10 |
---|
1458 | 1458 | | the Education Fund upon warrants issued by the Commissioner of Finance and 11 |
---|
1459 | 1459 | | Management based on information supplied by the Commissioner of Taxes. 12 |
---|
1460 | 1460 | | The Commissioner of Finance and Management may draw warrants for 13 |
---|
1461 | 1461 | | disbursements from the Fund in anticipation of receipts. All balances in the 14 |
---|
1462 | 1462 | | Fund at the end of any fiscal year shall be carried forward and remain a part of 15 |
---|
1463 | 1463 | | the Fund. Interest accruing from the Fund shall remain in the Fund. 16 |
---|
1464 | 1464 | | * * * 17 |
---|
1465 | 1465 | | * * * Effective Dates * * * 18 |
---|
1466 | 1466 | | Sec. 40. EFFECTIVE DATES 19 |
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1467 | 1467 | | (a) This section and Secs. 1–3 (income sensitivity adjustments and new 20 |
---|
1468 | 1468 | | income tax bracket) shall take effect on July 1, 2025. 21 BILL AS INTRODUCED S.104 |
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1469 | 1469 | | 2025 Page 61 of 61 |
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1470 | 1470 | | |
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1471 | 1471 | | |
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1472 | 1472 | | VT LEG #381212 v.3 |
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1473 | 1473 | | (b) Secs. 37–39 (application of education income tax to renters) shall take 1 |
---|
1474 | 1474 | | effect on July 1, 2029. 2 |
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1475 | 1475 | | (c) All remaining sections shall take effect on July 1, 2026. 3 |
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