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Fiscal Note - 5138 SB Financial instit./B&O tax (Multiple Agency Summary, 2021-01-21)

Summary

A Multiple Agency Fiscal Note Summary for Bill Number 5138 SB, Financial instit./B&O tax, marked Preliminary 1/20/2021, with the individual fiscal notes of the Department of Financial Institutions and the Department of Revenue. The summary shows Department of Revenue estimated cash receipts totals of $287,800,000 for 2021-23, $343,700,000 for 2023-25 and $376,600,000 for 2025-27, and shows the Office of State Treasurer with the entry Fiscal note not available. The Department of Financial Institutions note states that the bill eliminates the Business and Occupation tax deduction for financial institutions, uses the resulting revenue to help fund affordable housing, and will not have fiscal impact for that department.

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“Fiscal Note - 5138 SB Financial instit./B&O tax (Multiple Agency Summary, 2021-01-21).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-01-21-a28239-d225197-5138-fn-partial-1-21-21-725079b0d6/, SHA-256 1919a437221d3b4213cb4ebe31b6bf8518256fd7451f6a93ff652a7fcfc40c5c.

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                                            Multiple Agency Fiscal Note Summary
    Bill Number: 5138 SB                                                 Title: Financial instit./B&O tax

 Estimated Cash Receipts
   Agency Name                                        2021-23                                                    2023-25                                              2025-27
                                  GF-State           NGF-Outlook            Total            GF-State        NGF-Outlook           Total        GF-State         NGF-Outlook                 Total
   Department of                  248,300,000          287,800,000         287,800,000       296,600,000          343,700,000    343,700,000    324,900,000           376,600,000       376,600,000
   Revenue

             Total $              248,300,000          287,800,000        287,800,000        296,600,000          343,700,000    343,700,000    324,900,000       376,600,000           376,600,000




 Estimated Operating Expenditures
Agency Name                                      2021-23                                                     2023-25                                                        2025-27
                          FTEs        GF-State       NGF-Outlook            Total       FTEs      GF-State       NGF-Outlook      Total        FTEs        GF-State        NGF-Outlook               Total
Office of State          Fiscal note not available
Treasurer
Department of                .0                  0              0                   0        .0              0               0             0     .0                    0                0                    0
Financial Institutions
Department of                .4           78,700            78,700            78,700         .3         49,100         49,100       49,100       .2            40,200               40,200               40,200
Revenue

           Total $          0.4           78,700            78,700           78,700       0.3           49,100         49,100        49,100      0.2           40,200               40,200               40,200




 Estimated Capital Budget Expenditures
  Agency Name                                      2021-23                                                     2023-25                                         2025-27
                                     FTEs        Bonds                        Total            FTEs          Bonds               Total         FTEs           Bonds                  Total
  Office of State Treasurer          Fiscal note not available

  Department of Financial                 .0                       0                     0        .0                     0                 0          .0                   0                     0
  Institutions
  Department of Revenue                   .0                       0                     0        .0                     0                 0          .0                   0                     0

                         Total $          0.0                        0                   0        0.0                    0                 0      0.0                       0                        0




  Estimated Capital Budget Breakout
            NONE




         FNPID: 61180

   FNS029 Multi Agency rollup
Prepared by:   Ramona Nabors, OFM   Phone:           Date Published:
                                    (360) 902-0547   Preliminary 1/20/2021




    FNPID: 61180

FNS029 Multi Agency rollup
                             Individual State Agency Fiscal Note

Bill Number:        5138 SB                Title:     Financial instit./B&O tax                                Agency:      102-Department of
                                                                                                                            Financial Institutions

Part I: Estimates
 X      No Fiscal Impact

Estimated Cash Receipts to:

       NONE


Estimated Operating Expenditures from:
 NONE


Estimated Capital Budget Impact:

      NONE




     The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
     and alternate ranges (if appropriate), are explained in Part II.

  Check applicable boxes and follow corresponding instructions:
        If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
        form Parts I-V.
        If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

        Capital budget impact, complete Part IV.

        Requires new rule making, complete Part V.


     Legislative Contact:     Jeffrey Mitchell                                                Phone: 360-786-7438             Date: 01/10/2021
     Agency Preparation:      Emily Fitzgerald                                                Phone: (360) 902-8780           Date: 01/13/2021
     Agency Approval:         Levi Clemmens                                                   Phone: (360) 902-8818           Date: 01/13/2021
  OFM Review:                 Ramona Nabors                                                   Phone: (360) 902-0547           Date: 01/19/2021

Form FN (Rev 1/00) 161,807.00                                                                                                      Request # 21-005-1
FNS063 Individual State Agency Fiscal Note                              1                                                               Bill # 5138 SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Briefly describe by section number, the significant provisions of the bill, and any related workload or policy assumptions, that have revenue or
expenditure impact on the responding agency.

 This bill eliminates the Business and Occupation tax deduction for financial institutions and uses the resulting
 revenue to help fund affordable housing. This legislation will not directly impact the operations or revenue
 collections of the Department of Financial Institutions, and will not have fiscal impact.
II. B - Cash receipts Impact
Briefly describe and quantify the cash receipts impact of the legislation on the responding agency, identifying the cash receipts provisions by section
number and when appropriate the detail of the revenue sources. Briefly describe the factual basis of the assumptions and the method by which the
cash receipts impact is derived. Explain how workload assumptions translate into estimates. Distinguish between one time and ongoing functions.

II. C - Expenditures
Briefly describe the agency expenditures necessary to implement this legislation (or savings resulting from this legislation), identifying by section
number the provisions of the legislation that result in the expenditures (or savings). Briefly describe the factual basis of the assumptions and the
method by which the expenditure impact is derived. Explain how workload assumptions translate into cost estimates. Distinguish between one time
and ongoing functions.


Part III: Expenditure Detail
III. A - Operating Budget Expenditures
     NONE
 III. B - Expenditures by Object Or Purpose
         NONE


 III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
Part I and Part IIIA
 NONE



III. D - Expenditures By Program (optional)
 NONE


 Part IV: Capital Budget Impact
  IV. A - Capital Budget Expenditures
       NONE

 IV. B - Expenditures by Object Or Purpose
        NONE

 IV. C - Capital Budget Breakout
 Identify acquisition and construction costs not reflected elsewhere on the fiscal note and describe potential financing methods
       NONE

 IV. D - Capital FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
           Part IVB

      NONE



Financial instit./B&O tax                                                                                    102-Department of Financial Institutions
Form FN (Rev 1/00) 161,807.00                                                                                                  Request # 21-005-1
FNS063 Individual State Agency Fiscal Note                              2                                                           Bill # 5138 SB
Part V: New Rule Making Required




Financial instit./B&O tax                        102-Department of Financial Institutions
Form FN (Rev 1/00) 161,807.00                                      Request # 21-005-1
FNS063 Individual State Agency Fiscal Note   3                          Bill # 5138 SB
                                Department of Revenue Fiscal Note

Bill Number:       5138 SB                Title:     Financial instit./B&O tax                                 Agency:       140-Department of
                                                                                                                             Revenue

Part I: Estimates
       No Fiscal Impact

Estimated Cash Receipts to:
   Account                                                     FY 2022              FY 2023             2021-23             2023-25            2025-27
   GF-STATE-State                                                109,800,000         138,500,000         248,300,000          296,600,000       324,900,000
    01 - Taxes 05 - Bus and Occup Tax
   Workforce Educationa Investment                                17,500,000          22,000,000          39,500,000           47,100,000        51,700,000
   Account-State
    01 - Taxes 05 - Bus and Occup Tax
                                             Total $             127,300,000         160,500,000         287,800,000          343,700,000       376,600,000

Estimated Expenditures from:


                                                        FY 2022                FY 2023              2021-23              2023-25             2025-27
  FTE Staff Years                                                  0.4                   0.4                  0.4                  0.3                 0.2
  Account
  GF-STATE-State           001-1                               39,500                39,200              78,700                49,100              40,200
                                        Total $                39,500                39,200              78,700                49,100              40,200

 Estimated Capital Budget Impact:
          NONE




    The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
    and alternate ranges (if appropriate), are explained in Part II.

   Check applicable boxes and follow corresponding instructions:
       If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
  X
       form Parts I-V.
       If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

  X    Capital budget impact, complete Part IV.

  X    Requires new rule making, complete Part V.


   Legislative Contact:      Jeffrey Mitchell                                                  Phone: 360-786-7438           Date: 01/10/2021
   Agency Preparation:       Melissa Howes                                                     Phone: 360-534-1518           Date: 01/20/2021
   Agency Approval:          Don Gutmann                                                       Phone: 360-534-1510           Date: 01/20/2021
   OFM Review:               Ramona Nabors                                                     Phone: (360) 902-0547         Date: 01/20/2021

                                                                                                                                   Request # 5138-1-1
 Form FN (Rev 1/00) 162,933.00                                           1                                                               Bill # 5138 SB
FNS062 Department of Revenue Fiscal Note
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
 Briefly describe, by section number, the significant provisions of the bill, and any related workload or policy assumptions, that have revenue or
 expenditure impact on the responding agency.

Note: This fiscal note reflects language in SB 5138, 2021 Legislative Session.

CURRENT LAW:
Amounts received as interest on investments or loans primarily secured by first mortgages or trust deeds on nontransient
residential properties are subject to the Service and Other Activities business and occupation (B&O) tax.

Banking, loan, security and other financial businesses with locations in ten states or less may deduct interest income received
on investments or loans primarily secured by first mortgages or trust deeds on nontransient residential properties.

A business is located in a state if the person or an affiliate of the person maintains a branch, office, or one or more employees
or representatives in the state and such presence allows borrowers or potential borrowers to contact the branch, office,
employee, or representative concerning the acquiring, negotiating, renegotiating, or restructuring of, or making payments on,
mortgages issued or to be issued by the person or an affiliate of the person.

Interest amounts deductible includes the portion of fees charged to borrowers, including points and loan origination fees, which
are recognized over the life of the loan as an adjustment in the taxpayer's accounting records according to generally accepted
accounting principles.

PROPOSAL:
The intent of this bill is to fund affordable housing with revenues generated through the elimination of the deduction for first
mortgage interest.

This bill eliminates the deduction for interest received on investments or loans primarily secured by first mortgages or trust
deeds on nontransient residential properties is eliminated.

By October 15, 2022, and by each October 15th thereafter the Department of Revenue (Department) must estimate any
increase in the state general fund revenue collections for the immediately preceding fiscal year resulting from the elimination
of the deduction for first mortgage interest.

Beginning November 1, 2022, and by each November 1st thereafter the State Treasurer must transfer from the general fund the
estimated amount determined by the Department for the immediately preceding fiscal year into the housing trust fund.

EFFECTIVE DATE:
August 1, 2021
II. B - Cash receipts Impact
 Briefly describe and quantify the cash receipts impact of the legislation on the responding agency, identifying the cash receipts provisions by section
 number and when appropriate the detail of the revenue sources. Briefly describe the factual basis of the assumptions and the method by which the
 cash receipts impact is derived. Explain how workload assumptions translate into estimates. Distinguish between one time and ongoing functions.

ASSUMPTIONS
 - Some businesses have first mortgage interest income, but do not report the related deduction data. These businesses are
assumed to be netting the interest income with other taxable amounts when reporting their taxable Service & Other
Activities income on their excise tax return.
 - For those businesses assumed to be netting first mortgage interest amounts, the taxable amounts are estimated using
available Washington loan data. It is assumed these businesses use the first mortgage deduction at the same rate as those

                                                                                                                                     Request # 5138-1-1
 Form FN (Rev 1/00) 162,933.00                                          2                                                                  Bill # 5138 SB
FNS062 Department of Revenue Fiscal Note
 businesses who report deduction detail on their excise tax returns.
  - The first mortgage deduction data is combined with the deduction for interest income received on government
 obligations on the excise tax returns. For those businesses that report deduction detail, a ratio was used to determine the
 amount of the deduction applicable to first mortgage interest.
 - Businesses with over $1 million of taxable Service & Other Activities income in the previous calendar year are subject to
 the Service & Other Activities rate of 1.75%; All others are subject to the Service & Other Activities rate of 1.5%.
  - "Specified financial institutions" are subject to an additional 1.2% tax.
  - Interest income growth mimics the growth in the Service and Other Activities tax classification, as forecasted by the
 Economic and Revenue Forecast Council in the November 2020 forecast.
  - This bill is effective August 1, 2021, resulting in 10 months of cash collections for Fiscal Year 2022.

 DATA SOURCES
 - Department of Revenue, 2019 Excise Tax Data
 - Federal Financial Institutions Examination Council, 2019 Call Report Data
 - Federal Deposit Insurance Corporation 2019 data
 - Home Mortgage Disclosure Act 2019 data
 - Nationwide Multistate Licensing System Consumer Access (branches)
 - Economic and Revenue Forecast Council November 2020 forecast

 REVENUE ESTIMATES
 This bill increases state revenues by an estimated $127.3 million in the 10 months of impacted collections in Fiscal Year
 2022, and by $160.5 million in Fiscal Year 2023, the first full year of impacted collections.

 TOTAL REVENUE IMPACT

     State Government (cash basis, $000):
        FY 2022 - $ 127,300
        FY 2023 - $ 160,500
        FY 2024 - $ 167,900
        FY 2025 - $ 175,800
        FY 2026 - $ 184,000
        FY 2027 - $ 192,600
 II. C - Expenditures
 Briefly describe the agency expenditures necessary to implement this legislation (or savings resulting from this legislation), identifying by section
 number the provisions of the legislation that result in the expenditures (or savings). Briefly describe the factual basis of the assumptions and the method
by which the expenditure impact is derived. Explain how workload assumptions translate into cost estimates. Distinguish between one time and
ongoing functions.

 ASSUMPTIONS:
 This legislation affects 300 taxpayers.

 FIRST YEAR COSTS:
 The Department will incur total costs of $39,500 in Fiscal Year 2022. These costs include:

    Labor Costs - Time and effort equates to 0.39 FTE.
    - Test and verify computer systems to implement the repeal of this deduction.
    - Process returns, payments and all associated work items, including issuing assessments for return errors and
 underpayments.
    - Assist taxpayers with reporting questions and respond to inquiries via email, web message, and paper correspondence.
    - Examine accounts and make corrections as necessary.
    - Amend one Excise Tax Advisory (ETA).
    - Amend one administrative rule.
                                                                                                                                      Request # 5138-1-1
  Form FN (Rev 1/00) 162,933.00                                          3                                                                 Bill # 5138 SB
FNS062 Department of Revenue Fiscal Note
   Object Costs - $6,100.
   - Contract computer systems programming.
   - Print and mail a special notice to banks and financial institutions.
   - Print and mail additional paper returns and correspondence.

SECOND YEAR COSTS:
The Department will incur total costs of $39,500 in Fiscal Year 2023. These costs include:

   Labor Costs - Time and effort equates to 0.4 FTE.
   - Process returns, payments and all associated work items, including issuing assessments for return errors and
underpayments.
   - Assist taxpayers with reporting questions and respond to inquiries via email, web message, and paper correspondence.
   - Examine accounts and make corrections as necessary.
   - Analyze reporting data and make reports to the State Treasurer.

ONGOING COSTS:
Ongoing costs for the 2023-2025 Biennium equal $49,100 and include similar activities described in the second year costs.
Time and effort equates to 0.3 FTE in Fiscal Year 2024 and 0.2 FTE in Fiscal Year 2025.

Part III: Expenditure Detail
 III. A - Expenditures by Object Or Purpose
                                                      FY 2022             FY 2023                   2021-23                 2023-25             2025-27
     FTE Staff Years                                            0.4                       0.4                 0.4                   0.3                 0.2
     A-Salaries and Wages                                    19,600                   24,600               44,200                31,900              26,400
     B-Employee Benefits                                      7,200                    8,900               16,100                11,500               9,600
     C-Professional Service Contracts                         2,200                                         2,200
     E-Goods and Other Services                               8,100                 4,600                  12,700                 5,200               3,800
     J-Capital Outlays                                        2,400                 1,100                   3,500                   500                 400
                                    Total $                 $39,500               $39,200                 $78,700               $49,100             $40,200

  III. B - Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in Part I
                    and Part IIIA
     Job Classification                            Salary             FY 2022             FY 2023           2021-23            2023-25          2025-27
     EMS BAND 4                                         119,061                 0.0                                   0.0
     EMS BAND 5                                         139,090                 0.0                                   0.0
     EXCISE TAX EX 1                                     43,392                 0.1                 0.1               0.1                 0.1             0.1
     EXCISE TAX EX 2                                     54,108                 0.1                 0.1               0.1                 0.1
     EXCISE TAX EX 3                                     59,688                 0.1                 0.1               0.1
     MGMT ANALYST4                                       70,956                 0.0                                   0.0
     TAX POLICY SP 2                                     72,756                 0.0                                   0.0
     TAX POLICY SP 3                                     82,344                 0.0                                   0.0
     TAX POLICY SP 4                                     88,644                 0.0                 0.1               0.1                 0.1             0.1
     WMS BAND 3                                         101,257                 0.0                                   0.0
                               Total FTEs                                       0.4                 0.4               0.4                 0.3             0.2



III. C - Expenditures By Program (optional)
       NONE




                                                                                                                                           Request # 5138-1-1
 Form FN (Rev 1/00) 162,933.00                                        4                                                                         Bill # 5138 SB
FNS062 Department of Revenue Fiscal Note
Part IV: Capital Budget Impact
 IV. A - Capital Budget Expenditures
     NONE

  IV. B - Expenditures by Object Or Purpose
       NONE

 IV. C - Capital Budget Breakout

    Identify acquisition and construction costs not reflected elsewhere on the fiscal note and dexcribe potential financing methods

     NONE

  None.

Part V: New Rule Making Required
 Identify provisions of the measure that require the agency to adopt new administrative rules or repeal/revise existing rules.

Should this legislation become law, the Department will use the expedited rule-making process to amend WAC 458-20-146,
titled: “National and state banks, mutual savings banks, savings and loan associations and other financial institutions”.
Persons affected by this rule-making would include banks that currently receive the deduction for first mortgage interest.




                                                                                                                                      Request # 5138-1-1
 Form FN (Rev 1/00) 162,933.00                                          5                                                                 Bill # 5138 SB
FNS062 Department of Revenue Fiscal Note


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