LEGISLATIVE BUDGET BOARD
Austin, Texas
 
TAX/FEE EQUITY NOTE
 
79TH LEGISLATIVE REGULAR SESSION
 
April 19, 2005

TO:
Honorable Jim Keffer, Chair, House Committee on Ways & Means
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB3282 by McCall (Relating to a tax credit for corporations that donate money or art to art museums, galleries, or collections that are open to the public.), As Introduced

Table 1

House Bill 3282, As Introduced:  Summary of Elements

 

Revenue Changes

 

·               Authorize franchise tax credit for certain charitable donations, effective for reports due after January 1, 2006.

 

Dollar Value of Revenue Change in Fiscal 2007

 

·               $192.5 million decrease

 

Initial Impact in Fiscal 2007

 

·               100.0 percent to business, 0.0 percent to individuals

 

Major Industry Initial Impact in Fiscal 2007

 

·               Largest dollar decrease:  $39.1 million increase to the trade industry.

·               Largest percentage decrease in overall tax liability:  1.29 percent to the trade industry.

 

 

Final Tax Incidence of  Revenue Changes Effective in Fiscal 2007

 

·               Lowest income level ($0 to low $10,000s income range):

               $4.4 million decrease, or 0.22 percent.

 

·               Middle income level (low $40,000s to low $50,000s income range):

               $10.5 million decrease, or 0.26 percent.

 

·               Highest income level (low $140,000s and above):

               $36.5 million decrease, or 0.26 percent.


 

Initial Tax Impact by Industry:

 

House Bill 3282, As Introduced, was analyzed using the LBB’s multi-tax model to determine the initial impact of the proposed changes relative to current state and local tax law.  The results of the analysis are shown in Table 2 below.

 

Table 2

Comparison of Initial Tax Impact under

Current Law vs. House Bill 3282, As Introduced

Fiscal Year 2007

Comparisons Include Property Tax, Sales and Excise Taxes and Taxes on Business

 

Industry / Business

Current Law (millions)

Share of     Total

HB 3282

Liability (millions)

Share of     Total

Dollar Change (millions)

Share of  Dollar Change

Percent Change from Current Law

Agriculture

 690.2

2.05%

$ 688.5

2.06%

($   1.7)

0.88%

(0.25)%

Mining

3,782.8

11.23%

3,767.8

11.25%

(  15.0)

7.79%

(0.40)%

Utilities and Trans.

4,177.6

12.40%

4,158.1

12.42%

(  19.5)

10.13%

(0.47)%

Construction

1,128.7

3.35%

1,120.5

3.35%

(   8.2)

4.26%

(0.73)%

Manufacturing

4,636.7

13.77%

4,598.4

13.73%

(  38.3)

19.90%

(0.83)%

Trade

3,028.0

8.99%

2,988.9

8.93%

(  39.1)

20.31%

(1.29)%

Information

2,866.5

8.51%

2,854.2

8.52%

(  12.3)

6.39%

(0.43)%

Fin., Ins., Real Estate

7,817.7

23.21%

7,786.9

23.25%

(  30.8)

16.00%

(0.39)%

Services

5,552.4

16.49%

5,524.8

16.50%

(  27.6)

14.34%

(0.50)%

Subtotal Industry

$33,680.6

100.0%

$33,488.1

100.0%

($ 192.5)

100.0%

(0.57)%

 

 

 

 

 

 

Individuals/Consumers

 

 

 

 

 

 

 

Residential, Single Family

$16,186.7

 

$16,186.7

 

$   0.0

 

0.00%

Sales & Excise Taxes

$17,708.0

 

$17,708.0

 

$   0.0

 

0.00%

Total Taxes on Individuals

$33,894.7

 

$33,894.7

 

$   0.0

 

0.00%

 

 

 

 

 

 

 

 

Total – All Taxes

$67,575.3

 

$67,382.8

 

($ 192.5)

 

(0.28)%

 


 

Tax Incidence by Income Group

 

Economists commonly distinguish between the initial “impact” of a tax and its “incidence.”  The initial impact of a tax falls on taxpayers legally liable to pay the tax, while the incidence refers to the ultimate payer of the tax.  For example, the initial impact of a business tax falls on the firm incurring the tax liability. Over time, to varying degrees, the tax cost is  “shifted” so that the ultimate burden of the tax falls either to consumers in different retail prices, to employees in changed wages, to owners of land and capital in different investment returns, or most likely, to some combination of all three. The degree to which a tax can be shifted, and the amount of time that elapses before a tax can be shifted, depend on the type of tax and the competitiveness of capital, labor, input material and product markets.

 

The results of this analysis for tax law changes effective with this proposal are shown in Table 3 and Table 4.

 

Table 3

Tax Incidence by Income Decile

Current Law vs. House Bill 3282, As Introduced

Taxes Effective in Fiscal Year 2007

Comparisons Include Property Tax, Sales and Excise Taxes and Taxes on Business

 

Decile

Expanded Family Range (Dollars)

Current Law Tax (millions)

HB 3282

Tax (millions)

Change in Tax (Millions)

Percent Change in Tax

1

$0

to

$13,415

$2,000.4

$1,996.0

($   4.4)

(0.22)%

2

$13,415

to

$22,833

2,308.3

2,302.3

(   6.0)

(0.26)%

3

$22,833

to

$31,735

2,991.3

2,983.7

(   7.6)

(0.25)%

4

$31,735

to

$41,463

3,292.4

3,284.3

(   8.1)

(0.25)%

5

$41,463

to

$51,750

4,064.7

4,054.2

(  10.5)

(0.26)%

6

$51,750

to

$64,325

4,717.9

4,706.3

(  11.6)

(0.25)%

7

$64,325

to

$79,271

5,655.6

5,640.9

(  14.7)

(0.26)%

8

$79,271

to

$100,593

6,824.7

6,807.3

(  17.4)

(0.25)%

9

$100,593

to

$140,853

8,486.3

8,464.5

(  21.8)

(0.26)%

10

Over

 

$140,853

13,800.3

13,763.8

(  36.5)

(0.26)%

 

Total

 

 

$54,141.9

$54,003.3

( 138.6)

(0.26)%

 
 
 
 
 
 
 
Summary of Tax Incidence Findings

 

House Bill 3282, As Introduced would ultimately decrease the tax burden of all households by $138.6 million for tax law changes effective in 2007. The difference between the initial reduction in revenue of  $192.5 million in fiscal 2007 and the ultimate reduction of $138.6 million in tax incidence is primarily due to the exporting of some of the tax changes to non-Texas consumers and businesses, changes in federal tax liability, and the absorption of some of the tax changes by business profits, some of which are received by non-Texas shareholders and business owners. 

 

Table 4

Effective Tax Rate by Income Decile

Current Law vs. House Bill 3282, As Introduced

Taxes Effective in Fiscal Year 2007

Comparisons Include Property Tax, Sales and Excise Taxes and Taxes on Business

 

Decile

Expanded Family Range (Dollars)

Current Law Effective Rate

HB 3282

Effective Rate

Current Law Effective Rate Less HB 3282

 Effective Rate

Percent Change in Effective Rate

1

$0

to

$13,415

32.371%

  32.300%

(   0.071)%

(0.219)%

2

$13,415

to

$22,833

  15.212%

  15.173%

(   0.039)%

(0.256)%

3

$22,833

to

$31,735

  12.865%

  12.833%

(   0.032)%

(0.249)%

4

$31,735

to

$41,463

  10.982%

  10.955%

(   0.027)%

(0.246)%

5

$41,463

to

$51,750

   9.945%

   9.919%

(   0.026)%

(0.261)%

6

$51,750

to

$64,325

   9.579%

   9.555%

(   0.024)%

(0.251)%

7

$64,325

to

$79,271

   9.281%

   9.256%

(   0.025)%

(0.269)%

8

$79,271

to

$100,593

   8.981%

   8.958%

(   0.023)%

(0.256)%

9

$100,593

to

$140,853

   8.457%

   8.435%

(   0.022)%

(0.260)%

10

Over

 

$140,853

   6.572%

   6.555%

(   0.017)%

(0.259)%

 

Total

 

 

   8.849%

   8.826%

(   0.023)%

(0.260)%

 

Summary of Effective Rate Findings

 

House Bill 3282, As Introduced would ultimately reduce the effective rate for all households by 0.26 percent for taxes effective in fiscal year 2007. The effective tax rate is the aggregate amount of tax in a given income class divided by the aggregate amount of personal income in that class.


Source Agencies:
LBB Staff:
JOB, SD, WP, SJS