SB 2-FN-A - AS AMENDED BY THE SENATE
03/16/2017 0804s
03/30/2017 1013s
2017 SESSION
17-0812
09/10
SENATE BILL 2-FN-A
AN ACT reducing the rates of the business profits tax and the business enterprise tax.
SPONSORS: Sen. Sanborn, Dist 9; Sen. French, Dist 7; Rep. Cordelli, Carr. 4; Rep. Vadney, Belk. 2; Rep. Pearl, Merr. 26
COMMITTEE: Ways and Means
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This bill reduces the rates of the business profits tax and the business enterprise tax for the tax year ending on or after December 31, 2020.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/16/2017 0804s
03/30/2017 1013s 17-0812
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT reducing the rates of the business profits tax and the business enterprise tax.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Business Profits Tax; Imposition of Tax; 2020. RSA 77-A:2 is repealed and reenacted to read as follows:
77-A:2 Imposition of Tax. A tax is imposed at the rate of 7.5 percent upon the taxable business profits of every business organization.
2 Business Enterprise Tax; Imposition of Tax; 2020. RSA 77-E:2 is repealed and reenacted to read as follows:
77-E:2 Imposition of Tax. A tax is imposed at the rate of .50 percent upon the taxable enterprise value tax base of every business enterprise.
3 Applicability. Sections 1 and 2 of this act shall apply to taxable periods ending on or after December 31, 2020.
I. Sections 1 and 2 of this act shall take effect July 1, 2020.
II. The remainder of this act shall take effect upon its passage.
17-0812
Amended 4/11/17
SB 2-FN-A- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2017-1013s)
AN ACT reducing the rates of the business profits tax and the business enterprise tax.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | ||||
STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 | |
Appropriation | $0 | $0 | $0 | $0 | |
Revenue | $0 | $0 | Indeterminable Decrease | Indeterminable Decrease | |
Expenditures | $0 | $0 | $0 | $0 | |
Funding Source: | [ X ] General [ X ] Education [ ] Highway [ ] Other | ||||
METHODOLOGY:
This bill reduces the Business Profits Tax (BPT) rate from 8.2 percent to 7.5 percent and the Business Enterprise Tax (BET) rate from 0.72 percent to 0.50 percent for taxable periods ending on or after December 31, 2020.
The Department of Revenue Administration (DRA) considered the estimated revenue impact associated with the BPT and BET rate reductions contained in Chapter 274, Laws of 2015 (SB 9) when deriving the estimated revenue loss associated with this bill. The DRA estimated the rate reduction of 8.5 percent to 8.2 percent for BPT and 0.75 percent to 0.72 percent for BET would result in a revenue loss of $5,112,407 in FY 2016 and $16,013,240 in FY 2017. The DRA estimated the revenue impact for the rate reduction of 8.2 percent to 7.9 percent for BPT and 0.72 percent to 0.675 percent for BET would result in a revenue loss of $6,214,475 in FY 2018 and $19,465,172 in FY 2019. The DRA notes the analysis for the rate reductions contained in Chapter 274, Laws of 2015 used the 2015 revenue plan amount of $568,000,000 as the starting point. For this analysis, the DRA used the FY 2016 cash basis revenue as the starting point for analyzing the proposed rate reductions in this bill resulting in the use of $610,901,677 in FY 2019 and each year thereafter as the revenue base based on the following assumptions:
The DRA notes there is a potential fiscal impact of $24,735,454 in FY 2020, if taxpayers reduce their first and second estimated payments to reflect the reduced Tax Year 2018 BPT and BET rates. As part of the analysis, the DRA allocated each fiscal year’s revenue based on the proportionate amount of revenue anticipated to be received. For example: the 1st and 2nd quarter estimate payments average about 30.5% of the total BPT/BET revenue received in each tax year. Therefore, when calculating the fiscal impact of a tax year rate change on a state FY basis, this percentage was applied to allocate the fiscal impact proportionally based on the fiscal year when the revenue will actually be received. After revenue was allocated proportionally based on when it is received, this new reduced revenue was subtracted from the assumed revenue to determine the incremental revenue impact of the proposed rate reductions for each fiscal year.
It should be noted the fiscal impact of the proposed rate reductions may vary for future fiscal years depending on whether actual revenue under or over performs compared to the DRA’s assumed revenue figures. The tables below summarize DRA's analysis:
Fiscal Impact of Rate Reductions by Fiscal Year
Fiscal Year | New Revenue | Assumed Revenue | Difference |
FY16 | $641,000,000 | $641,000,000 | $0 |
FY17 | $641,000,000 | $641,000,000 | $0 |
FY18 | $631,820,011 | $631,820,011 | $0 |
FY19 | $610,901,677 | $610,901,677 | $0 |
FY20 | $586,166,224 | $610,901,678 | -$24,735,454 |
FY21 | $529,801,829 | $610,901,677 | -$81,099,848 |
Original Rates and Assumed Revenue without Implementation of Proposed Legislation
Tax Year | Documents Due | Old BPT Rate | Old BET Rate | BPT Revenue | BET Revenue | Total BS Revenue | Fiscal Year |
TY19 | 2nd and 3rd Quarter Estimates | 7.9% | 0.675% | $257,450,885 | $167,125,781 | $424,576,666 | FY20 |
TY20 | 1st and 2nd Quarter Estimate | 7.9% | 0.675% | $112,982,043 | $73,342,969 | $186,325,011 | FY20 |
TY20 & Forward | Full Year at Current Rate | 7.9% | 0.675% | $370,432,927 | $240,468,750 | $610,901,677 | FY21 & Forward |
New Rates and Revenue with Implementation of Proposed Legislation
Tax Year | Documents Due | New BPT Rate | New BET Rate | BPT Revenue | BET Revenue | Total BS Revenue | Fiscal Year |
TY19 | 2nd and 3rd Quarter Estimates | 7.9% | 0.675% | $257,450,885 | $167,125,781 | $424,576,666 | FY20 |
TY20 | 1st and 2nd Quarter Estimates | 7.5% | 0.50% | $107,261,433 | $54,328,125 | $161,589,558 | FY20 |
TY20 & Forward | Full Year at Current Rate | 7.5% | 0.50% | $351,676,829 | $178,125,000 | $529,801,829 | FY21 & Forward |
Difference from New Rates and Revenue to Original Rates and Assumed Revenue
Tax Year | Documents Due | Difference in BPT Rate | Difference in BET Rate | BPT Reduction in Revenue | BET Reduction in Revenue | Total Reduction in BS Revenue | Fiscal Year |
TY19 | 2nd and 3rd Quarter Estimates | 0% | 0% | $0 | $0 | $0 | FY20 |
TY20 | 1st and 2nd Quarter Estimates | -0.4% | -0.175% | -$5,720,610 | -$19,014,844 | -$24,735,454 | FY20 |
TY20 & Forward | Full Year at Current Rate | -0.4% | -0.175% | -$18,756,098 | -$62,343,750 | -$81,099,848 | FY21 & Forward |
The DRA states this bill will result in additional costs for programming, scanning and form and instruction changes; however these additional costs can be absorbed into the Department’s budget.
AGENCIES CONTACTED:
Department of Revenue Administration
| Date | Body | Type |
|---|---|---|
| Feb. 22, 2017 | Senate | Hearing |
| March 16, 2017 | Senate | Floor Vote |
| March 23, 2017 | Senate | Floor Vote |
| April 12, 2017 | House | Hearing |
| April 20, 2017 | House | Exec Session |
| Oct. 25, 2017 | House | Exec Session |
| Jan. 3, 2018 | House | Floor Vote |
Jan. 3, 2018: Inexpedient to Legislate: MA VV 01/03/2018 HJ 1 P. 46
Jan. 3, 2018: Committee Report: Inexpedient to Legislate for 01/03/2018 (Vote 23-0; CC)
Oct. 25, 2017: Executive Session: 10/25/2017 10:00 AM LOB 202
Sept. 19, 2017: Retained Bill Subcommittee Work Session: 09/19/2017 02:00 PM LOB 202
: Retained in Committee
April 20, 2017: Executive Session: 04/20/2017 LOB 208
April 12, 2017: Public Hearing: 04/12/2017 11:00 AM LOB 202
March 23, 2017: Introduced 03/23/2017 and referred to Ways and Means HJ 11 P. 27
March 30, 2017: Ought to Pass with Amendment 2017-1013s, RC 14Y-8N, MA; OT3rdg; 03/30/2017; SJ 12
March 30, 2017: Committee Amendment # 2017-1013s, RC 14Y-8N, AA; 03/30/2017; SJ 12
March 30, 2017: Sen. Bradley Moved to Remove From Table, MA, VV; 03/30/2017; SJ 12
March 23, 2017: Pending Motion Committee Amendment # 2017-1013s; 03/23/2017; SJ 10
March 23, 2017: Sen. Bradley Moved Laid on Table, MA, VV; 03/23/2017; SJ 10
March 23, 2017: Committee Report: Ought to Pass with Amendment # 2017-1013s, 03/23/2017; SC 15
March 16, 2017: Ought to Pass with Amendment 2017-0804s, RC 14Y-9N, MA; Refer to Finance Rule 4-5; 03/16/2017; SJ 9
March 16, 2017: Committee Amendment # 2017-0804s, AA, VV; 03/16/2017; SJ 9
March 16, 2017: Committee Report: Ought to Pass with Amendment # 2017-0804s, 03/16/2017; SC 14
Feb. 22, 2017: Hearing: 02/22/2017, Room 100, SH, 10:00 am; SC 11
Jan. 19, 2017: Introduced 01/19/2017 and Referred to Ways and Means; SJ 5