Fiscal impact
reports (FIRs) are prepared by the Legislative
Finance Committee (LFC) for standing finance committees of the NM Legislature. The
LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
Current FIRs (in HTML & Adobe PDF formats) are available on the
NM Legislative Website (legis.state.nm.us). Adobe PDF versions include all attachments,
whereas HTML versions may not.
Previously issued FIRs and attachments may be
obtained from the LFC in
SPONSOR |
Heaton |
DATE TYPED |
|
HB |
331 |
||
SHORT
TITLE |
High-Wage Jobs Tax Credit |
SB |
|
||||
|
ANALYST |
Neel |
|||||
REVENUE
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
|
FY04 |
FY05 |
|
|
|
None |
(600.0) |
(2,250.0) |
Recurring |
State General Fund |
None |
(70.0) |
(250.0) |
Recurring |
Local Governments |
|
|
|
|
|
(Parenthesis ( ) Indicate Revenue Decreases)
Relates to
HB 300, Rural Community High-wage Jobs Tax
Credit
HB
67 High-Wage Jobs Tax Credit
SB
78 National Lab Water Treatment
SB
28, High Wage Jobs Tax Credit
LFC Files
Responses
Received From
Taxation
and Revenue Department (TRD)
Economic
Development Department (EDD)
SUMMARY
Synopsis of Bill
House Bill 331
amends statute to create a high wage tax credit equal to 10 percent of wages
and benefits of new employees in “high wage jobs”. The total credit is limited
to $12 thousand per eligible employee and credits must be claimed up to four years.
An eligible high-wage job must:
The tax credit can be taken against the
taxpayer’s modified combined tax liability (gross receipts
tax, compensating tax and
others, excluding local GRT).
HB 331 stipulates that the enterprise
qualifying for the tax credit must be a growing business
with employment greater on
the last qualifying day of the credit than the day when the new positions was
created. In addition, the job must be occupied for at least 48 weeks before an
employer is eligible for credits.
Significant Issues
The Legislature has consistently
emphasized economic development and job creation. The 2003 Legislature
renewed
the job mentorship tax credit that encourages businesses to hire young people
to participate in career preparation education programs by providing tax
credits of up to 30 percent of the gross wages paid for employing young people;
the credit is limited to 320 hours per student. The Investment Tax Credit Act
(Chapter 402) was amended
to reduce the employment requirements to qualify for the credit;
it now allows tax credits equal to 5 percent of
the
value of qualified equipment purchased and incorporated into certain
manufacturing operations in the state.
In 2002 the Legislature passed HB 40 Software
Development GRT Credit (Laws 2002, Chapter 10) to provide a gross receipts
tax deduction for receipts for software design and development and web-site design
and development. The 2000 Legislature passed HB 19 Technology Jobs Tax
Credits (Laws 2000, Chapter 22, 2nd SS) that provides a basic tax credit and an
additional tax credit, both in the amount of 4 percent of the qualified
expenditure made by a taxpayer conducting “qualified” research at a “qualified
facility”. To be eligible for the additional credit, the taxpayer must increase
its payroll by $75.0 over the base payroll of the taxpayer for each $1.0 million
of qualified expenditures.
are
its employment and income growth. Although these indicators are often
influenced by
external
forces, the mission of the Economic Development Department remains to provide
programs
and policies that help lead the state in a direction that produces an overall
benefit for
the
citizens of
Figures 1 and 2 graphically depict
Similar to
employment growth,
1991
to 1996 than that of the nation. Growth, again,
began to decline in 1997 and fell behind the
due
to the recession, as shown in the personal income growth graph.
FISCAL IMPLICATIONS
TRD notes the following assumptions of similar
legislation (HB 300):
The fiscal impacts of the provision are limited in the first year because of the requirement
that an employee hold a new job for 48 weeks before an employer is eligible for
credits.
Analysis of information
from the in-plant training program suggests that, in a recent year, approximately
30 employees in non-urban settings, and 90 employees in urban settings would
have qualified for this credit had it been in effect. The associated cost of the credit for these
employees would have been $400 thousand on an annual basis. The total population of eligible firms would
be larger than the number of firms currently participating in in-plant
training, so the impacts would be larger than $400 thousand per year. Although a precise estimate is not possible,
the annual impact was doubled to $800 thousand to reflect firms not currently
in the in-plant training program. The
annual cost of the proposal increases over time because the credits can be
claimed for up to 4 years for each eligible employee. The estimated “Subsequent Years Impact”
reflects the maximum annual cost of the provision once it has been in place for
three years. The proposal contains a sunset
date of
Local government impacts are attributable to two
effects: (1) If credits are applied
against the state’s 5% gross receipts tax in a municipal area, 1.225% of the 5%
is reduced municipal revenue sharing (Section 7-1-6.4 NMSA 1978); (2) If the
credit is applied against compensating tax liability, 20% of the revenue effect
will be taken against the distributions to the small cities and small counties
assistance funds (Section 7-1-6.2 and 7-1-6.5).
The share of credits applied against these revenue sources was modeled
based on experience with the investment credit program.
TECHNICAL ISSUES
TRD notes the following technical issues:
Refundability of credits:
The provision allowing the excess of credits over liabilities to be refunded to the taxpayer could be challenged under the anti-donation provisions of the NM Constitution.
Applicability with other tax
incentives:
Applicants for this credit
would potentially be eligible for certain other incentives including the
investment credit, the rural job tax credit or the technology jobs tax
credit. The lack of coordination between
these statutes means that the extent of the subsidy being provided to a
particular enterprise is unknown.
Excessive subsidies may be provided.
SN/lg