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DEPARTMENT OF AUDITS AND ACCOUNTS





270 Washington Street, S.W., Suite 4-114





Atlanta, Georgia 30334-8400

RUSSELL W. HINTON



STATE AUDITOR


(404) 656-2174



April 1, 2008

Honorable Chip Rogers, Chairman
Senate Finance Committee
Paul D. Coverdell Office Building, Room 325-B
Atlanta, Georgia 30334

SUBJECT: Fiscal Note
House Bill 1244 Substitute
(LC 18 7547ERS)

Dear Chairman Rogers:

The Georgia State University Fiscal Research Center provided the following description of this bill and analysis of its fiscal impact:

This legislation has two main provisions. First, it amends the existing tax credit for telecommuting. Second, it proposes changes to Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia to amend the individual income tax. This aspect would reduce the statutory tax rate for the first 5 tax brackets by 10 percent effective January 1, 2009. The top tax bracket would be phased down to 5.4 percent by 2012.

The revenue loss associated with these changes to income tax rates is a first year loss of 2.65 percent of current law revenues (calendar year); 4.2 percent in the second year, 5.9 percent in the third year, 7.6 percent in the fourth year, and 11.4 percent in the fifth year. Using a revenue base for FY 2010 of $9.8 billion, the revenue loss on a fiscal year basis is as follows (in millions of dollars): FY 2010 $476, FY 2011 $526, FY 2012 $727, FY 2013 $1,061, and FY 2014 $1,313. This assumes all of the costs from calendar year (CY) 2009 occur in FY 2010 due to inflexibility of withholding, and then 50% of the CY 2010 costs also fall in FY 2010.

These estimates were obtained using the Georgia Individual Income Tax Microsimulation Model.

The second provision amends O.C.G.A. §48-7-29.11 to extend employer state income tax credits for teleworking. Presently, credits are available only through 2010; the proposed legislation will extend availability of credits to 2012. A feature of the existing program is a cap on the total amount of tax credits available to qualified applicants in any given year. For 2008 and 2009 the total credits

available are $2 million. The proposed legislation will expand the total credits available to $2.5 million in 2010 and 2011.

The fiscal impact of the legislation is limited by the tax expenditure caps. For the years 2008 and 2009 the maximum impact is $2 million per year; tax expenditure for these two years is already approved in current law. For 2010 and 2011 the maximum impact is $2.5 million per year. Based on experience in 2008 as noted by the Department of Revenue, the maximum available credit is likely to be used in each year.

Sincerely,

/s/ Russell W. Hinton
State Auditor

/s/ Trey Childress, Director
Office of Planning and Budget

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