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Fiscal Note — HB 1743, Expanding Employee Ownership (Department of Revenue)

Summary

Individual State Agency Fiscal Note for HB 1743, an act relating to expanding employee ownership, from the Department of Revenue. Part I estimates GF-State Business and Occupation Tax cash receipts of (229,000) for 2023-2025, and expenditures of 483,500 for 2023-2025. The narrative states that the fiscal note addresses sections of the bill that impact the department, and describes the business and occupation tax as a gross receipts tax. A revenue impact detail lists the receipts by fiscal year and by biennium.

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“Fiscal Note — HB 1743, Expanding Employee Ownership (Department of Revenue).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-02-15-a30790-d252792-1743-fn-preliminary-462681c83a/, SHA-256 cbfbf13b7c5742bbe723ab27321a307746660fd993dbc7d373ab05285a8d1b8b.

Full text

                  Individual State Agency Fiscal Note
Bill Number: HB 1743                 Bill Title: AN ACT Relating to expanding employee         Agency: 140
                                     ownership                                                      Department of Revenue

Part I: Estimates
[ ] No Fiscal Impact



Estimated Cash Receipts to:
Fund                             Fiscal Year 2024    Fiscal Year 2025     2023-2025 Total    2025-27 Biennium     2027-29 Biennium
GF-State Business and
                                                             (229,000)           (229,000)            (852,000)            (925,000)
Occupation Tax
                        Total                                (229,000)           (229,000)            (852,000)            (925,000)


Estimated Expenditures from:
                                 Fiscal Year 2024    Fiscal Year 2025     2023-2025 Total    2025-27 Biennium     2027-29 Biennium
FTE Staff Years                               2.43                   .2               1.32                   .2                   .2
Fund
GF-State 001                              462,600               20,900            483,500                41,800              41,800
                        Total             462,600               20,900            483,500                41,800              41,800



The revenue and expenditures 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:
[X] 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:     CASSIE JONES                            Phone:    360-786-7303              Date:    2/6/2023
Agency Preparation:      SARA DEL MORAL                          Phone:    (360) 534-1525            Date:    2/6/2023
Agency Approval          Marianne McIntosh                       Phone:    (360) 534-1505            Date:    2/8/2023
OFM Review:                                                      Phone:                              Date:




OFM Form FN (10/95)
                                                                                                              Fiscal Note # 1743-1
                                                                                                                    Bill # HB 1743
                                                                  1
Part II: Narrative Explanation

II. A - Brief Description Of What The Measure Does That Has Fiscal Impact

This fiscal note addresses sections 4 and 5 of the bill, which impact the Department of Revenue (department).

CURRENT LAW:
The business and occupation (B&O) tax is a gross receipts tax. It is measured on the value of products, gross proceeds of
sale, or gross income of each business. The tax rate varies by classification. Rates for the major classifications range from
0.471% to 1.750%. Preferential rates are available for certain activities.

Several credits against the B&O tax are available. However, state law does not allow a credit for the cost of converting a
business to an employee-owned structure.

PROPOSAL:
A credit against the B&O tax is provided for each qualifying business that converts to using any of the following
employee ownership structures:
 - employee stock ownership plan (ESOP)
 - worker-owned cooperative
 - employee ownership trust

For each business that converts to using an ESOP, the credit is equal to the greater of the following:
- 50% of conversion costs
- $100,000

For each business converting to a worker-owned cooperative or employee ownership trust, the credit is equal to the
greater of the following:
 - 50% of conversion costs
 - $25,000

Each business may carry over unused credit to subsequent tax periods, as long it does so within 12 months of conversion.

Statewide, the total amount of credits authorized is $2 million for each calendar year.

“Conversion costs” means amounts spent on accounting, legal and other professional services to pay for a feasibility study
and/or a transition to an employee-owned structure.

“Qualified business” means an entity that is:
 - subject to the B&O tax
 - does not already have one of employee-owned structures for which the credit is available
 - approved by the department for the credit.

The credit expires on July 1, 2030.

EFFECTIVE DATE:
The bill takes effect 90 days after final adjournment of the session, except for the sections that create the credit, which
take effect on July 1, 2024.

II. B - Revenue Impact


OFM Form FN (10/95)
                                                                                                         Fiscal Note # 1743-1
                                                                                                               Bill # HB 1743
                                                               2
ASSUMPTIONS:
- The department conducts significant outreach about the credit, leading to a greater number of conversions.
- The number of businesses annually converting to employee ownership is:
   - 13 during the first year the credit is available
   - 15 for subsequent years
- All converting businesses use the credit.
- For each converted business that uses the credit, the credit equals:
   - $45,000 for an employee stock ownership plan
   - $25,000 for a worker-owned cooperative
- Businesses using the credit in Washington are similar to Colorado businesses granted a credit for conversions during
2022 with regards to annual revenues and type of employee ownership.
- The B&O tax base grows as forecasted by the Economic and Revenue Forecast Council.
- Currently, tribes with compacts receive a share of certain business and occupation taxes (RCW 43.06.523). Under this
proposal the amount of revenue shared with tribes and local governments may decline.

DATA SOURCES:
- Colorado Office of Economic Development and International Trade
- Economic and Revenue Forecast Council, November 2022 forecast
- National Center for Employee Ownership

REVENUE ESTIMATES:
This bill decreases state revenues by an estimated $229,000 in the 11 months of impacted collections in fiscal year 2025,
and by $417,000 in fiscal Year 2026, the first full year of impacted collections.

STATE GOVERNMENT IMPACT:
  State Government (cash basis, $000):
     FY 2024 -   $ 0
     FY 2025 - ($ 229)
     FY 2026 - ($ 417)
     FY 2027 - ($ 435)
     FY 2028 - ($ 453)
     FY 2029 - ($ 472)

LOCAL GOVERNMENT IMPACT:
  Local Government, if applicable (cash basis, $000): None

II. C - Expenditure Impact

ASSUMPTIONS:
This bill affects less than 20 taxpayers annually.

FIRST YEAR COSTS:
The department will incur total costs of $462,600 in fiscal year 2024. These costs include:

   Labor Costs - Time and effort equate to 2.4 FTEs.
   - Adopt one new administrative rule.
   - Set up, program and test computer systems for a new credit type. This includes a new credit ID and associated return
processing and system indicator codes, a new E-file worksheet, and modifications to reports and data files.
   - Gathering requirements, implementation meetings, documentation, and testing of system changes due to new credit.


OFM Form FN (10/95)
                                                                                                      Fiscal Note # 1743-1
                                                                                                            Bill # HB 1743
                                                             3
   - Assist taxpayers with reporting questions and respond to inquiries via email, web message, and paper
correspondence.

   Object Costs - $132,000.
   - Computer system changes, including contract programming.

SECOND YEAR COSTS:
The department will incur total costs of $20,900 in fiscal year 2025. These costs include:

   Labor Costs - Time and effort equate to 0.2 FTE.
   - Continued computer system testing, monitoring and maintenance for new credit.
   - Process returns, verify credits taken and all associated work items, including issuing assessments for return errors and
underpayments.

ONGOING COSTS:
Ongoing costs for the 2026-27 biennium equal $41,800 and include similar activities described in the second-year costs.
Time and effort equate to 0.2 FTE.

Part III: Expenditure Detail

III. A - Expenditures by Object or Purpose:
                                     Fiscal Year 2024    Fiscal Year 2025       2023-2025 Total     2025-27 Biennium        2027-29 Biennium
             Salaries and Wages                208,000              13,500              221,500                 27,000                  27,000
                        Benefits                68,600               4,500                73,100                 9,000                   9,000
      Personal Service Contracts               132,000                                  132,000
            Supplies & Material                 37,100              2,300                 39,400                    4,600               4,600
               Office Equipment                 16,900                600                 17,500                    1,200               1,200
                         Total                 462,600             20,900               483,500                    41,800              41,800


III. B - FTE Detail:
        Job Classification                 Salary        FY 2024 FTEs        FY 2025 FTEs     2023 - 2025 Total     2025 - 2027   2027 - 2029
EMS BAND 4                                   126,619               .01                                      .01
EMS BAND 5                                   147,919               .01                                      .01
EXCISE TAX EX 3                               61,632                 .1                  .1                   .1             .1             .1
IT SYS ADM-JOURNEY                            92,844               1.6                                        .8
MGMT ANALYST4                                 73,260               .61                   .1                 .36              .1             .1
TAX POLICY SP 2                               75,120               .01                                      .01
TAX POLICY SP 3                               85,020               .07                                      .04
TAX POLICY SP 4                               91,524               .01                                      .01
WMS BAND 3                                   107,685               .01                                      .01
                             Total                                 2.43                  .2                1.35              .2             .2


III. C - Expenditures by Program (optional):
                                     Fiscal Year 2024    Fiscal Year 2025       2023-2025 Total     2025-27 Biennium        2027-29 Biennium

                         Total




OFM Form FN (10/95)
                                                                                                                       Fiscal Note # 1743-1
                                                                                                                             Bill # HB 1743
                                                                      4
Part IV: Capital Budget Impact

None.

Part V: New Rule Making Required

Should this legislation become law, the department will use the standard process to adopt WAC 458-20-NEW, titled:
"New rule on employee ownership". Persons affected by this rulemaking would include qualifying businesses that convert
to worker-owned cooperatives, employee ownership trusts, or employee stock ownership plans.




OFM Form FN (10/95)
                                                                                                  Fiscal Note # 1743-1
                                                                                                        Bill # HB 1743
                                                          5
                                                                   Revenue Impact Detail
                                                                         First Biennium              Second Biennium                     Third Biennium
      FUND                        SOURCE                    CODE    1st YEAR      2nd YEAR        3rd YEAR     4th YEAR              5th YEAR     6th YEAR
GF-State               Business and Occupation Tax          0105                    (229,000)        (417,000)         (435,000)          (453,000)   (472,000)
             Total                                                                  (229,000)        (417,000)         (435,000)          (453,000)   (472,000)
OTHER
             Total
              Net                                                                   (229,000)        (417,000)         (435,000)          (453,000)   (472,000)




                                                  Revenue Impact - by Biennium
           FUND                               SOURCE               CODE      1st Biennium          2nd Biennium          3rd Biennium
GF-State                      Business and Occupation Tax               0105          (229,000)            (852,000)               (925,000)
                     Total                                                            (229,000)            (852,000)               (925,000)
OTHER
                     Total
                      Net                                                             (229,000)            (852,000)               (925,000)




OFM Form FN (10/95)
                                                                                                                                     Fiscal Note # 1743-1
                                                                                                                                           Bill # HB 1743
                                                                               6


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