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SPONSOR: |
Coll |
DATE TYPED: |
|
HB |
130/aHTRC |
||
SHORT TITLE: |
Delete Exemptions from Premium Tax |
SB |
|
||||
|
ANALYST: |
Smith |
|||||
REVENUE
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
|
FY03 |
FY04 |
|
|
|
|
32,000.0 |
|
Recurring |
General
Fund |
(Parenthesis ( ) Indicate Revenue Decreases)
Duplicates
SB331
Responses
Received From
PRC
LFC Files
SUMMARY
Synopsis
of HTRC Amendment
The
House Taxation and Revenue Committee amendment allows government health
insurance premiums to remain exempt from tax.
Synopsis of Original Bill
House Bill 130
eliminates the insurance premium tax exemption for all government contracts.
The amendment is applicable to premiums received in 2003 and subsequent
years. Temporary language allows
taxpayers to escape penalty and interest for liability generated in the first
quarter of 2003 because of this act.
Significant Issues
This is a key component of the LFC budget
proposal.
FISCAL IMPLICATIONS
The numbers in the
revenue table are gross amounts.
Although it
superficially appears to be a selective sales tax, the insurance premium tax is
actually structured as an income tax.
Estimated annual calendar year liability is paid on the quarter and final
settlements are remitted in April. The FY04 cash flows are the sum of 4
quarterly estimated payments (half in 2003 and half in 2004) and a final
settlement (payable in April 2004) for liability generated in the first quarter
of 2003. The first year impact essentially includes 5 quarters of revenue.
Recent information
indicates that the MCO’s may not be able to pass the tax on without amendments
to their existing contracts. The cost of amending the bill to hold them
harmless is roughly $2 million a month; if the contracts were amended effective
March 2003, the estimate would be reduced by a little more than $4 million.
The estimate assumes that only premiums
attributable to Medicaid would generate revenue. While state government, municipal and county
associations contract health care on an administrative service only (ASO)
basis, certain cities such as
OTHER SUBSTANTIVE ISSUES
Research
conducted by experts prior to the legislative session indicated that an
amendment less broad than the one contemplated in this bill would be viewed by
the federal government as a special tax. This was the rationale for removing
all government exemptions; it was believed that a more targeted amendment would
most likely provoke a federal reaction. New analysis just received casts doubt
on this conclusion. The conclusion of this new analysis is that it is permissible
to exclude premiums received from state or local governments for the benefit of
active or retired employees.
SS/sb/njw