FISCAL NOTE
Date Requested: March 17, 2025
Time Requested: 10:43 AM |
| Agency: |
Tax & Revenue Department, WV State |
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| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 3613 |
Introduced |
SB697 |
|
|---|
| CBD Subject: |
Taxation |
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|
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 establish a tax credit for eligible family members providing caregiver services to an eligible family member.
The bill creates a new article, W.Va. Code §11-29, titled “Caregiver Tax Credit Act.” The bill provides for a credit against the Personal Income Tax in the amount of 50 percent for eligible expenditures incurred by a family caregiver for the support of an eligible family member. The maximum allowable credit is $2,000 per year. The credit is nonrefundable, and unused credit cannot be carried forward or back to another tax period. The effective date is January 1, 2027.
The bill defines an “eligible family member” as: an individual who is 18 year of age or older, is a dependent, spouse, parent, or other relation by blood or marriage to the family caregiver, lives in a private residential home and requires assistance with at least one activity of daily living. “Family caregiver” means an individual who: is a resident individual for the taxable year is providing care, which can include physical or financial support, for an eligible family member and has personally incurred uncompensated expenses directly related to the care of an eligible family member.
According to reports from AARP and Caregiver.org, there are roughly 250,000 unpaid family caregivers in West Virginia. Using data from a 2021 survey, AARP calculated that a typical family caregiver spends an average of $7,242 of their own money each year. Though the typical family caregiver in West Virginia may be eligible for the maximum credit of $2,000, many may have insufficient tax liability to fully utilize their available credit in a single tax year.
Based on our interpretation, the proposed legislation would result in a loss in General Revenue Fund collections of $160 million to $260 million per year beginning in FY2028.
Additional administrative costs incurred by the State Tax Department would be $29,150 in FY2027 and $11,000 in subsequent fiscal years.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2025
Increase/Decrease
(use"-") |
2026
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
11,000 |
| Personal Services |
0 |
0 |
11,000 |
| 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 |
-260,000,000 |
Explanation of above estimates (including long-range effect):
The bill creates a new article, W.Va. Code §11-29, titled “Caregiver Tax Credit Act.” The bill provides for a credit against the Personal Income Tax in the amount of 50 percent for eligible expenditures incurred by a family caregiver for the support of an eligible family member. The maximum allowable credit is $2,000 per year. The credit is nonrefundable, and unused credit cannot be carried forward or back to another tax period. The effective date is January 1, 2027.
The bill defines an “eligible family member” as: an individual who is 18 year of age or older, is a dependent, spouse, parent, or other relation by blood or marriage to the family caregiver, lives in a private residential home and requires assistance with at least one activity of daily living. “Family caregiver” means an individual who: is a resident individual for the taxable year is providing care, which can include physical or financial support, for an eligible family member and has personally incurred uncompensated expenses directly related to the care of an eligible family member.
According to reports from AARP and Caregiver.org, there are roughly 250,000 unpaid family caregivers in West Virginia. Using data from a 2021 survey, AARP calculated that a typical family caregiver spends an average of $7,242 of their own money each year. Though the typical family caregiver in West Virginia may be eligible for the maximum credit of $2,000, many may have insufficient tax liability to fully utilize their available credit in a single tax year.
Based on our interpretation, the proposed legislation would result in a loss in General Revenue Fund collections of $160 million to $260 million per year beginning in FY2028.
Additional administrative costs incurred by the State Tax Department would be $29,150 in FY2027 and $11,000 in subsequent fiscal years.
Memorandum
The stated purpose of this bill is to establish a tax credit for eligible family members providing caregiver services to an eligible family member.
The language in sections 3 and 4 appear to create a conflict regarding the effective date. While proposed W.Va. Code §11-29-4 establishes an internal effective date of January 1, 2027, proposed W.Va. Code §11-29-3(a) states that the credit would only be available for taxable years beginning after January 1, 2027. The 2027 tax year begins on January 1, 2027. Therefore, the credit would not be available to be claimed until the 2028 tax year.
While the credit is to be claimed is based on what has been defined as “eligible expenses,” proposed W.Va. Code §11-29-2(4)(B) states that physical support, not just financial support, would be sufficient for an individual to be deemed a family caregiver for purposes of the caregiver credit. It is unclear how physical assistance by the individual would be quantified effectively to claim the credit or how the hours could be verified.
As the bill is written, the statute may allow for double dipping of tax credits relating to dependent medical care. Pursuant to 26 U.S.C. §213, an individual may deduct certain unreimbursed medical expenses paid on behalf of the individual’s “qualifying relative’ from the individual’s gross income when certain conditions are met. The requirements for deducting the medical expenses of a qualifying relative are similar to those described in this bill. Therefore, the federal adjusted gross income, upon which the state income tax is based, may already account for those medical expenses. Furthermore, when the amount of medical expenses are unable to be deducted from the individuals gross income, W.Va. Code §11-21-12c allows an individual to deduct the premiums for long-term care insurance paid on behalf of the individual’s spouse, parent, or dependent. Long-term care insurance often covers expenses for individuals still living in a private residence, such as nurses, personal care assistance like bathing, and meal preparation. The broad manner in which this bill is written would appear to allow an individual to deduct these premiums as well.
Proposed W.Va. Code §11-29-4(a) provides that a family caregiver married and filing jointly would allow for the spouse to also be recognized as a family caregiver. It is unclear whether this would allow for a credit of up to $4,000 instead of $2,000.
Person submitting Fiscal Note: Mark Muchow
Email Address: RADfiscal@wv.gov