FISCAL NOTE

Date Requested: January 10, 2020
Time Requested: 03:48 PM
Agency: Tax & Revenue Department, WV State
CBD Number: Version: Bill Number: Resolution Number:
1095 Introduced SB85
CBD Subject: Education (K12)


FUND(S):

General Revenue Fund

Sources of Revenue:

General Fund

Legislation creates:

Decreases Existing Revenue, Increases Existing Expenses



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


The stated purpose of this bill is to provide a credit against personal income tax for classroom teachers for nonreimbursed costs of supplies. The bill sets a maximum credit of $500. The proposed bill would create a Personal Income Tax credit of up to $500 for classroom teachers employed by a public or private school for the purchase of supplementary education materials or professional development costs. However, the bill is silent on a number of other provisions, including but not limited to whether a qualifying teacher may teach in a public or private school, if the teacher must be a West Virginia resident, or if the teacher must teach in a West Virginia school. For the purpose of this analysis, we assume a qualifying teacher must teach in a West Virginia-based primary or secondary school and that teachers in either public or private settings would qualify. Based on our understanding, the revenue loss from this credit for classroom teachers would be $10.0 million per year beginning in FY2022. The State Tax Department would incur $92,000 in additional administrative costs in FY2022 and $80,000 per year in subsequent fiscal years.   



Fiscal Note Detail


Effect of Proposal Fiscal Year
2020
Increase/Decrease
(use"-")
2021
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 80,000
Personal Services 0 0 80,000
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 -10,000,000


Explanation of above estimates (including long-range effect):


The proposed bill would create a Personal Income Tax credit of up to $500 for classroom teachers employed by a public or private school for the purchase of supplementary education materials or professional development costs. However, the bill is silent on a number of other provisions, including but not limited to whether a qualifying teacher may teach in a public or private school, if the teacher must be a West Virginia resident, or if the teacher must teach in a West Virginia school. For the purpose of this analysis, we assume a qualifying teacher must teach in a West Virginia-based primary or secondary school and that teachers in either public or private settings would qualify. Based on our understanding, the revenue loss from this credit for classroom teachers would be $10.0 million per year beginning in FY2022. The State Tax Department would incur $92,000 in additional administrative costs in FY2022 and $80,000 per year in subsequent fiscal years.   



Memorandum


The stated purpose of this bill is to provide a credit against personal income tax for classroom teachers for nonreimbursed costs of supplies. The bill sets a maximum credit of $500. The bill is vague, it would be difficult for the Tax Department to verify money was spent on classroom supplies, how supplies were purchased (e.g. by the teacher out of his own funds, and if teacher was reimbursed). As written, the proposed bill does not define several terms, including “classroom teachers” and “classroom supplies,” which would be necessary to properly administer such a tax credit. The proposed bill makes no distinction between public or private education and does not expressly allow or prohibit teachers in special circumstances that may qualify (e.g., teacher’s aides, those working in juvenile detention centers, and teachers providing services to homebound students).



    Person submitting Fiscal Note: Mark Muchow
    Email Address: kerri.r.petry@wv.gov