JANUARY 2020 - Texas Comptroller
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A FIELD GUIDE TO THE TAXES OF TEXAS S TAT E TA X C O L L E C T I O N S A N D P E R S O N A L I N C O M E The data represented in this report is available in accessible data form (Excel). F I S C A L 2 010 - 2 01 9 Cumulative Growth Rates E very year, the state of Texas collects billions of dollars in state taxes and fees, State tax collections saw slightly higher cumulative growth rates than Texas personal income from fiscal 2010 through federal receipts and other sources of revenue. These funds are used to pay 2014 then saw a decline in 2016 due to franchise tax cuts and a slowdown in the oil and gas industries. Tax collections saw a rebound in 2018 mostly due to increased remittances from taxpayers in the oil and gas industries, followed by for all of the responsibilities of the state government, including the education of moderate growth in 2019 as taxable spending in these industries pleateaued. more than 5 million public school students and the provision of health insurance 57.4% 50 Tax Collections (All Funds, Excluding Trust) Personal Income 57% for more than 4 million low-income Texans. 40 This guide provides an overview of the major Texas state taxes. Read on to: 30 20 • learn how major taxes have contributed to state revenue during the past 10 years; 10 • see on one page the future revenue estimates, exemption value estimates and tax allocations; and 0 -10 • connect to other in-depth resources about state taxes and finances. 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Sources: Texas Comptroller of Public Accounts; U.S. Bureau of Economic Analysis State Tax Revenue By Source Where Does Texas’ Tax Revenue Come From? FISCAL 2019 All Funds, Excluding Trusts % OF While Texas is a relatively low tax state, it does rely on revenue generated by more than 30 different taxes to TOTAL = $59,380,722,097 TAXES SALES AND USE TAXES fund the functions of state government. Nearly all of this revenue is generated by the following major taxes: 57.3% $34,023,916,225 MOTOR VEHICLE SALES AND RENTAL TAXES • Texas imposes a 6.25 percent sales and use tax • Texas’ severance taxes are imposed on entities 8.4% $5,010,592,018 on sales, leases and rentals of goods, as well as that extract nonrenewable natural resources MOTOR FUEL TAXES taxable services such as telecommunications such as oil or natural gas. Revenues from these 6.3% $3,743,004,327 and amusement services. taxes are highly variable and are levied at FRANCHISE TAX 7.1% $4,217,868,701 rates of 4.6 percent of market value for oil and • Motor vehicle sales within Texas are also taxed OIL PRODUCTION TAX condensate, and 7.5 percent of market value for at 6.25 percent of the sales price, minus any 6.5% $3,886,823,879 natural gas. trade-in allowance. Motor vehicle rentals are NATURAL GAS PRODUCTION TAX 2.8% $1,685,680,675 taxed at 6.25 or 10 percent of gross receipts, • The state’s insurance taxes include a number of INSURANCE TAXES depending on the length of the rental contract. premium taxes levied at rates ranging from 0.5 4.4% $2,599,024,669 percent to 4.85 percent of gross premiums, and • Texas’ motor fuel tax rates can vary depending CIGARETTE AND TOBACCO TAXES various maintenance taxes. 2.4% $1,410,390,955 on the type of fuel; the two most common, ALCOHOLIC BEVERAGES TAXES gasoline and diesel, are both taxed at 20 cents • Texas’ “sin” taxes are levied on tobacco and 2.3% $1,369,402,271 per gallon. alcoholic beverage products, the largest of HOTEL OCCUPANCY TAX which are the cigarette tax – levied at $1.41 • The state’s franchise tax is imposed on certain 1.1% $636,110,128 per pack of 20 – and the mixed beverage kinds of businesses operating in Texas such as UTILITY TAXES taxes, which are imposed on consumers at 0.8% $471,361,566 corporations, banks, LLCs and partnerships. Of 8.25 percent of the sales price and on business Overall, Texas’ tax revenue increased by 6.8 percent in fiscal OTHER TAXES the millions of businesses across the state, only permit holders at 6.7 percent of gross receipts. 2019 to $59.4 billion, with sales, franchise, oil and natural gas pro- 0.5% $326,546,683 around 130,000 filers usually owe any tax. duction taxes, posting significant gains over the previous year. Source: A nnual Cash Report 2019, Texas Comptroller of Public Accounts Note: P ercentages do not sum to 100.0 due to rounding. 2 G L E N N H E G A R • TE X AS COMPTROLLER OF PUBLIC ACCOUNTS 3
Where Does Texas’ Tax Revenue Go? Want More Details? For accounting and budgeting purposes, state revenue the SHF. Over the 2020-21 BIENNIUM, the Comptroller’s The Comptroller’s office publishes many reports that assist state government planning and decision-making is deposited or transferred into various funds, with office estimates the SHF will receive $28.9 BILLION from and account for state spending to the taxpayers of Texas. This guide highlights some of the current data from most going into the General Revenue Fund (GR) to be all sources. several of these reports, and provides links to find more in-depth or updated data. The full reports can be found appropriated by the Legislature. However, some tax revenue at comptroller.texas.gov/transparency/reports. is deposited directly or transferred into special funds for The PTRF is used, along with GR and other funds, to KEY TO SOURCES, PAGES 6-17 specific purposes. Three of the state’s more prominent finance the state’s K-12 public education system. The special revenue funds are the State Highway Fund (SHF), major revenue sources for this fund include the amount of the Property Tax Relief Fund (PTRF) and the Economic franchise tax collections generated by its restructuring in Stabilization Fund (ESF). fiscal 2006, and revenue generated from the $1.00 increase in the cigarette tax rate implemented in fiscal 2007. Over SOURCES OF REVENUE The SHF is used for the construction, maintenance and the 2020-21 BIENNIUM, the Comptroller’s office estimates policing of public roads. Historically, the primary revenues the PTRF will receive $4.1 BILLION from all sources. for this fund have been federal receipts, 75 percent of motor fuel tax net collections, most motor vehicle The ESF, also known as the Rainy Day Fund, receives ANNUAL CASH REPORT registration fees and — since fiscal 2015 — one-half of one-half of 75 percent of oil production and natural gas 75 percent of oil production and natural gas production production tax revenues in any fiscal year that exceed BIENNIAL REVENUE ESTIMATE/ CERTIFICATION REVENUE ESTIMATE tax revenues that in any fiscal year exceed fiscal 1987 fiscal 1987 collections, and one-half of any unencumbered collections. A constitutional amendment approved by GR surplus remaining at the end of each biennium. By the voters in 2015 allocated the first $2.5 billion of state sales end of fiscal 2021, the total ending balance of the ESF tax collections in excess of $28.0 billion in a fiscal year is projected to reach $9.4 BILLION , assuming no new to the SHF beginning with fiscal 2018. Starting in fiscal appropriations are made from the fund during the 2020-21 2020, 35 percent of motor vehicle sales and rental taxes BIENNIUM . This balance would represent 49.8 PERCENT of collections in excess of $5.0 billion will be transferred into the cap, as set by the Constitution. TAX EXEMPTIONS & TAX INCIDENCE State Highway Fund (SHF) FISCAL 2018 FISCAL 2019 FISCAL 2020 FISCAL 2021 ACTUAL ACTUAL ESTIMATED ESTIMATED Total State Revenue $6,259,256,738 $10,242,128,825 $9,027,948,000 $9,012,029,000 Net State Revenue By Source Total Federal Income $3,828,212,673 $3,967,417,806 $5,619,546,000 $5,246,579,000 Non-Tax Revenue F I S C A L 2 01 9 • A L L F U N D S , E X C L U D I N G T R U S T S Total Revenue $10,087,469,412 $14,209,546,631 $14,647,494,000 $14,258,608,000 CHANGE The state’s major non-tax revenue sources are FROM Property Tax Relief Fund (PTRF) SOURCE REVENUE FISCAL 2018 federal income, fees and licenses, state health- Tax Collections $59,380,722,097 6.8% related fees and rebates, state lottery proceeds, Federal Income $41,904,474,352 5.8% land income and proceeds from the state’s FISCAL 2018 FISCAL 2019 FISCAL 2020 FISCAL 2021 Licenses, Fees, Fines and Penalties $6,542,086,693 1.0% investments. ACTUAL ACTUAL ESTIMATED ESTIMATED Total Revenue $1,641,074,267 $2,099,387,384 $2,020,150,000 $2,111,169,000 State Health Service Fees and Rebates $7,087,931,884 -6.7% Taxes That Texas Does Not Levy Net Lottery Proceeds $2,510,143,199 12.6% Texas does not collect a state property tax. Economic Stabilization Fund (ESF) Land Income $2,251,225,581 9.2% Property taxes are levied by local governmental Interest and Investment Income $2,504,408,847 35.4% entities, school districts and special purpose FISCAL 2018 FISCAL 2019 FISCAL 2020 FISCAL 2021 Settlements of Claims $646,534,920 18.8% districts (see p. 20). ACTUAL ACTUAL ESTIMATED ESTIMATED Ending Cash Balance $8,702,426,768 $6,834,118,067 $2,006,103,563 $2,402,911,229 Escheated Estates $693,354,839 9.0% Texans pay only federal and not state or local Sales of Goods and Services $278,865,166 -2.2% income taxes. Federal dollars contributed Ending Invested Balance $2,340,988,696 $3,255,348,755 $5,823,827,849 $6,950,000,248 Other Revenue $4,141,654,757 26.2% almost one-third of total state net revenues Total Ending Balance $11,043,415,464 $10,089,466,822 $7,829,931,412 $9,352,911,477 in fiscal 2019. Total Net Revenue $127,941,402,334 6.5% ESF Cap $16,868,457,433 $16,868,457,433 $18,797,980,184 $18,797,980,184 4 G L E N N H E G A R • TE X AS COMPTROLLER OF PUBLIC ACCOUNTS 5
SALES AND USE TAXES HIGHLIGHTS: E N AC T E D I N 19 61 COLLECTIONS All Funds, Excluding Trusts (billions) Sales and use taxes are the state’s single largest source of tax revenue, raising $40 about 57 cents of every state tax dollar $36.85 REVENUE in fiscal 2019. The sales tax is levied on FISCAL 2019 $ 34.02B transactions. In general, it is imposed on $30 final sales, rentals and leases of tangible personal property — physical goods or $20 their classified equivalent — and on sales of certain services, such as the repair of tangible personal property, amusements $10 and telephone services. A constitutional amendment, approved in 2015, requires up to $2.5 billion to be $0 2009 2010 2 011 2 012 2 013 2 014 2 015 2 016 2 017 2 018 2 019 2 020 2 021 transferred to the State Highway Fund ACTUAL ESTIMATED from net sales tax revenue in excess of $28 billion, beginning in fiscal 2018. R E V E N U E BY S O U R C E H I S T O R I C A L VO L AT I L I T Y The passage of House Bill 1525 by the 86th Legislature, requiring online mar- TAX FUND FISCAL 2019 Year-over-year Change, All Funds, Excluding Trusts STATE RATE 6.25% ketplace providers to collect taxes on sales 1 General Revenue Fund $22,247,552,155 Compound Annual Growth Rate (Fiscal 2009-2019): 4.9% made through their platforms, is projected Limited Sales and Use Tax GR Account - Emissions to result in an estimated additional $550 Reduction Plan2 $77,532,476 15.0 million in 2020-21 sales tax collections. 12.6% This revenue will be deposited outside of Prepayments of Limited Sales 10.5% and Use Tax General Revenue Fund $11,563,813,014 10.0 9.4% the General Revenue Fund to the newly 7.2% 6.5% created Tax Reduction and Excellence in General Revenue Fund $75,603,603 5.6% 5.6% LOCAL RATE 5.0 UP TO 2% Education Fund. Boat and Boat Motor Sales GR Account - Game, Fish, and Use Tax3 and Water Safety $3,836,601 2.3% Percentage of Motor Fuel Lubricants Sales Tax State Highway Fund $43,200,008 0.0 Total Tax Collection Limited Sales and -5.0 -2.3% F I S C A L 2 01 9 FEDERAL RATE Use Tax - State4 General Revenue Fund $12,045,073 All Funds, Excluding Trusts $34 BILLION Fireworks Tax5 Interest on Retail Credit Sales GR Account - Rural Volunteer Fire Department Insurance General Revenue Fund $2,157 $274,012 -10.0 FISCAL -6.6% 2 010 2 011 2 012 2 013 2 014 2 015 2 016 2 017 2 018 2 019 NONE SALES AND USE TAXES Discount for Sales Tax - State MAJOR EXEMPTIONS7 Agencies and Higher Education General Revenue Fund $57,127 TOTAL 6 $34,023,916,225.05 Items taxed under other Texas tax laws, including insurance premiums, motor vehicles and WHO PAYS?7 motor fuels; items used in manufacturing products for sale, including materials that become part of the manufactured product; groceries, school lunches and other food sales. BUSINESS 42.4% FOOTNOTE S 1 T axes on certain sporting goods sales are appropriated for Texas Parks and Wildlife 57.3% Department and the Texas Historical Commission from the General Revenue Fund. For additional information on special allocations, refer to the Sources of Revenue report. RANK EXEMPTION FISCAL 2020 EST. VALUE (BILLIONS) 2 Revenue from a 1.5 percent diesel equipment surcharge. 3 C ounty tax assessor-collectors or the Texas Parks and Wildlife Department may retain 1 Total for items taxed by other law $16.7 5 percent. 4 This amount represents the taxes collected on sales made by state agencies, departments, 2 Property used in manufacturing $11.6 institutions, universities and colleges. CONSUMER 3 Food and food products $3.4 57.6 % 5 The 2 percent additional sales tax levied on fireworks was eliminated effective Sept. 1, 2015; an equivalent amount is now transferred to GR Account – Rural Volunteer Fire Department Insurance from General Revenue. Total Value of All Exemptions, Exclusions and Discounts 6 May not sum to total due to rounding. 7 (includes other exemptions)= E stimated values of major exemptions in fiscal 2020 and initial distribution of total limited sales and use tax revenue in fiscal 2021, as projected in the November 2018 Tax Exemptions and Tax Incidence report. $46 BILLION 6 G L E N N H E G A R • TE X AS COMPTROLLER OF PUBLIC ACCOUNTS 7
MOTOR VEHICLE SALES AND RENTAL TAXES HIGHLIGHTS: E N AC T E D I N 19 41 COLLECTIONS All Funds, Excluding Trusts (billions) The motor vehicle sales and use tax, the largest tax in this category, is imposed $6 on the retail sales price, less trade-in $5.13 REVENUE allowance, of motor vehicles sold in Texas. $5 FISCAL 2019 $ 5.01B The motor vehicle rental tax is levied as a percent of gross receipts derived from $4 the rental of vehicles, with a varying rate depending on the length of the rental. $3 In November 2015, voters approved $2 a constitutional amendment to deposit 35 percent of the net revenue from these $1 taxes above $5 billion to the State Highway Fund, beginning in fiscal 2020. The $0 2009 2010 2011 2012 2013 2014 2015 2016 2017 2 018 2 019 2 02 0 2 02 1 transfer is projected to be $5.69 million ACTUAL ESTIMATED in fiscal 2020, and $29.16 million in fiscal 2021. R E V E N U E BY S O U R C E H I S T O R I C A L VO L AT I L I T Y Year-over-year Change, All Funds, Excluding Trusts STATE RATE TAX FUND FISCAL 2019 6.25% General Revenue Fund1 $4,447,838,656 Compound Annual Growth Rate (Fiscal 2009-2019): 6.8% 6 Motor Vehicle Sales and Use Tax Property Tax Relief Fund2 $24,656,342 20% 19.5% GR Account - Emissions Reduction Plan3 $19,012,678 15% 13.2% Motor Vehicle Rental Tax General Revenue Fund $329,492,069 10% 9.0% 9.7% LOCAL RATE 8.5% General Revenue Fund $163,274,436 7.2% NONE Motor Vehicle Sales and Use Tax – Seller-Financed Motor Vehicles GR Account - Emissions 5% Percentage of Reduction Plan3 $30,860 2.3% 1.1% 0.7% Total Tax Collection Manufactured Housing Sales 0% F I S C A L 2 01 9 and Use Tax General Revenue Fund $26,286,778 FEDERAL RATE NONE Motor Vehicle Sales and -1.8% -5% All Funds, Excluding Trusts Use Tax - Motor Carriers 4 General Revenue Fund $200 $5 BILLION TOTAL 5 $5,010,592,018 FISCAL 2 010 2 011 2 012 2 013 2 014 2 015 2 016 2 017 2 018 2 019 MOTOR VEHICLE SALES & RENTAL TAXES 1 FOOTNOTE S M A J O R E X E M P T I O N S7 S ince fiscal 2015, 95 percent of revenue is deposited into the General Revenue Fund; the 2 remaining 5 percent is retained by counties. Motor vehicles, trailers and semi-trailers used for interstate commerce; sales to or use by WHO PAYS?7 Revenue derived from the tax based on a used vehicle’s presumptive value is deposited into 8.4% the Property Tax Relief Fund. public agencies; farm machines, trailers, semi-trailers used primarily for farming, BUSINESS 40.2% 3 100 percent of applicable surcharge is required to be transferred into GR Account – ranching or timber operations. Emissions Reduction Plan. 4 Repealed by S.B. 3, 74th Leg., R.S. effective Sept. 1, 1997. 5 May not sum to total due to rounding. RANK EXEMPTION FISCAL 2020 EST. VALUE (MILLIONS) 6 The 6.25 percent sales and use tax is based on the vehicle sales price less any trade-in. Additional taxes or surcharges may apply to the sale of certain diesel trucks. Rentals: 10 Vehicles used for interstate percent of gross receipts on rentals of 30 days or less, 6.25 percent on rentals of 31 to 180 1 $100.1 days. Manufactured housing sales: 5 percent of 65 percent of the sales price on the initial commerce sale or use of a new manufactured home. 2 Sales to or use by a public agency $49.5 CONSUMER 59.8 % 7 E stimated values of major exemptions in fiscal 2020 and initial distribution of total motor vehicle sales tax revenue in fiscal 2021, as projected in the November 2018 Tax Exemptions and Tax Incidence report. 3 Farm or timber use $43.3 Total Value of All Exemptions (includes other exemptions)= $205 MILLION 8 G L E N N H E G A R • TE X AS COMPTROLLER OF PUBLIC ACCOUNTS 9
MOTOR FUEL TAXES HIGHLIGHTS: E NAC TE D 19 2 3 COLLECTIONS All Funds, Excluding Trusts (billions) Motor fuel taxes consist of the state’s consumption taxes on gasoline, diesel $3.87 fuel and liquefied and compressed $4 REVENUE natural gas. In general, these taxes are FISCAL 2019 $ 3.74B charged on each gallon of fuel sold in $3 Texas used to propel vehicles on Texas’ public roads. $2 The rates for the gasoline and diesel fuel taxes were last changed in 1991, when they were both increased from $1 $0.15 per gallon. $0 2 0 09 2 010 2 011 2 012 2 013 2 014 2 015 2 016 2 017 2 018 2 019 2 02 0 2 02 1 ACTUAL ESTIMATED R E V E N U E BY S O U R C E H I S T O R I C A L VO L AT I L I T Y Year-over-year Change, All Funds, Excluding Trusts GASOLINE TAX TAX FUND FISCAL 2019 Gasoline Tax1 General Revenue Fund $2,789,006,176 Compound Annual Growth Rate (Fiscal 2009-2019): 2.1% STATE RATE $0.20 2 4 Diesel Fuel Tax General Revenue Fund $948,047,468 Liquefied and Compressed 4 3.9% Natural Gas Tax 2 General Revenue Fund $5,950,683 PER PER GALLON GALLON TOTAL 3 $3,743,004,327 3 2.9% 2.5% LOCAL RATE NONE 2.0% 2.1% 2.0% 2.0% 2 1.9% Percentage of 1 FOOTNOTE S 1.6% fter deductions for refunds and other purposes, 25 percent is allocated to the Available A Total Tax Collection School Fund; 50 percent is allocated to the State Highway Fund; and the remaining 25 percent F I S C A L 2 01 9 is also deposited to the State Highway Fund, except that the first $7.3 million is deposited to 1 the County and Road District Highway Fund. FEDERAL RATE 0.3% $0.184 All Funds, Excluding Trusts 2 After deductions for refunds, 25 percent is allocated to the Available School Fund, and 75 5 percent is allocated to the State Highway Fund. 0 $3.74 BILLION 3 May not sum to total due to rounding. PER GALLON 4 T his rate is for gasoline and diesel fuel (eligible transit companies qualify for a refund of 1 FISCAL 2 010 2 011 2 012 2 013 2 014 2 015 2 016 2 017 2 018 2 019 MOTOR FUEL TAXES cent per gallon on gasoline and 1/2 cent per gallon on diesel fuel). A 15 cents-per-gallon rate exists for liquefied natural gas (LNG) and compressed natural gas (CNG). 5 The federal tax rate for diesel fuel is $0.244 per gallon. 6 E stimated values of major exemptions in fiscal 2020 and initial distribution of total gasoline M A J O R GA S O L I N E TA X E X E M P T I O N S 6 WHO PAYS? 6 tax revenue in fiscal 2021, as projected in the November 2018 Tax Exemptions and Tax Incidence report. Collection allowances for licensed distributors, importers or suppliers that make timely tax BUSINESS 21.1% payments; refunds for taxes paid on gasoline for off-road use. 6.3% RANK EXEMPTION FISCAL 2020 EST. VALUE (MILLIONS) 1 Collection allowances $57.8 2 Marine use $29.5 Industry and CONSUMER 3 $25.7 78.9 % commercial use Total Value of All Gasoline Tax Exemptions, Refunds and Discounts (includes other exemptions, refunds and discounts)= $132.9 MILLION 10 G L E N N H E G A R • T E X A S C O M P T R O L L E R O F P U B L I C A C C O U N T S 11
FRANCHISE TAX HIGHLIGHTS: E NAC TE D 19 07 COLLECTIONS All Funds, Excluding Trusts (billions) The franchise, or margins tax is one of the state’s oldest taxes, though it has been $5 significantly reformed in recent years. $4.49 REVENUE Levied for the privilege of doing business $4 FISCAL 2019 in Texas, the tax due is based on an $ 4.22B entity’s apportioned taxable margin.1 $3 In 2006, the Legislature made significant changes to the tax, including $2 transitioning to the taxable margin as the sole base component and expanding $1 the tax to limited partnerships, business trusts and other legal entities. In 2015, the Legislature voted to $0 2009 2010 2 011 2 012 2 013 2 014 2 015 2 016 2 017 2 018 2 019 2 02 0 2 02 1 reduce franchise tax rates by 25 percent. ACTUAL ESTIMATED R E V E N U E BY S O U R C E H I S T O R I C A L VO L AT I L I T Y Year-over-year Change, All Funds, Excluding Trusts STATE RATE FISCAL 2019 0.75%/ TAX FUND General Revenue Fund2 $2,960,324,289 Compound Annual Growth Rate (Fiscal 2009-2019): -0.1%) Franchise/ 3 20 Margins Tax Property Tax Relief Fund $1,255,722,701 16.1% Franchise Tax General Revenue Fund4 $1,821,711 15 13.7% 14.4% .375% 10 6 TOTAL 5 $4,217,868,701 5 5.1% 2.0% FOOTNOTE S 0 1 Taxable margin is defined as the total revenue less the greater of (1) the cost of goods sold, Percentage of (2) total compensation, (3) 30 percent of total revenue, or (4) $1 million. An apportionment -5 -1.4% -1.6% LOCAL RATE factor based on the portion of receipts that occured in Texas is then applied. Total Tax Collection F I S C A L 2 01 9 2 3 T he estimated amount of franchise tax revenues that would have been generated had the 2006 reforms not occurred. ll revenue exceeding the estimated amount that would have been brought in under the A -10 -15 -9.3% NONE All Funds, Excluding Trusts previous version of the franchise tax. -20 -16.6% -16.5% FEDERAL RATE $4.22 BILLION NONE 4 eflects net payments and refunds related to franchise tax liability from reports due before R 7 the 2008 tax year. FISCAL 2 010 2 011 2 012 2 013 2 014 2 015 2 016 2 017 2 018 2 019 5 May not sum to total due to rounding. FRANCHISE TAX 6 A tax rate of 0.375 percent applies to taxpayers in the retail or wholesale trade, and a rate of 0.75 percent applies to other taxpayers. Firms with less than $20 million in total revenues may elect to file an EZ return. The tax rate for EZ filers is 0.331 percent. MAJOR EXEMPTIONS8 7 T here is no federal franchise tax; however, a corporate income tax is levied at 21 percent of net income. Reduced tax rates for eligible retail or wholesale businesses; certain nonprofits that are exempt WHO PAYS? 8 8 E stimated values of major exemptions in fiscal 2020 and initial distribution of total franchise from federal income tax; small businesses under the no tax due thresholds. tax revenue in fiscal 2021, as projected in the November 2018 Tax Exemptions and Tax FISCAL 2020 EST. VALUE BUSINESS 100% Incidence report. RANK EXEMPTION (MILLIONS) Reduced rate for eligible 1 $604.9 7.1% retail/wholesale entities Nonprofit corporations exempt 2 $330.8 from federal income tax CONSUMER 0% 3 Small business exception $246.1 Total Value of All Deductions, Exclusions, Special Accounting Methods and Credits and Refunds (includes others)= $2.46 BILLION 12 G L E N N H E G A R • T E X A S C O M P T R O L L E R O F P U B L I C A C C O U N T S 13
OIL PRODUCTION TAX HIGHLIGHTS: E NAC TE D 19 0 5 COLLECTIONS All Funds, Excluding Trusts (billions) The oil production tax is a severance tax on the removal of crude oil from Texas $5 land. The rate has remained unchanged REVENUE since 1951, longer than any other major $3.95 FISCAL 2019 $4 state tax. $ 3.89B Twenty-five percent of the revenue $3 from this tax is allocated to the Foundation School Account, with the remaining amount $2 deposited into General Revenue. Portions of the amount deposited into General $1 Revenue may be transferred to the Economic Stabilization Fund and the State Highway Fund. In 2015, the Legislature $0 2 0 09 2 010 2 011 2 012 2 013 2 014 2 015 2 016 2 017 2 018 2 019 2 02 0 2 02 1 repealed the oil regulation tax. ACTUAL ESTIMATED R E V E N U E BY S O U R C E H I S T O R I C A L VO L AT I L I T Y Year-over-year Change, All Funds, Excluding Trusts STATE RATE TAX FUND FISCAL 2019 4.6% 1 Compound Annual Growth Rate (Fiscal 2009-2019): 16% Oil Production Tax General Revenue Fund $3,886,822,399 70% 4 Oil Regulation Tax 2 General Revenue Fund $1,479 60% 60.9% 50% OF 46.0% 42.8% 42.2% MARKET TOTAL 3 $3,886,823,879 40% VALUE 30% 29.5% 23.6% 20% 14.0% 14.6% LOCAL RATE FOOTNOTE S NONE 10% 1 T wenty-five percent is statutorily dedicated to public education funding and allocated to the 0% Percentage of 2 Foundation School Account. The 0.1875 cents-per-barrel oil regulation tax was abolished effective Sept. 1, 2015. -10% Total Tax Collection 3 May not sum to total due to rounding. -20% F I S C A L 2 01 9 4 Or 4.6 cents on each barrel for oil production, whichever is greater. FEDERAL RATE -30% NONE 5 E stimated values of major exemptions in fiscal 2020 and initial distribution of total oil -25.7% All Funds, Excluding Trusts production tax revenue in fiscal 2021, as projected in the November 2018 Tax Exemptions and -40% Tax Incidence report. -50% -40.8% $3.89 BILLION FISCAL 2 010 2 011 2 012 2 013 2 014 2 015 2 016 2017 2018 2019 OIL PRODUCTION TAX MAJOR EXEMPTIONS5 Special tax rate for wells approved as enhanced oil recovery projects; WHO PAYS? 5 10-year exemption for wells certified as inactive. BUSINESS 100% RANK EXEMPTION FISCAL 2020 EST. VALUE (MILLIONS) New or expanded 1 $45.4 enhanced recovery project Enhanced recovery 6.5% projects using 2 $2.7 anthropogenic carbon CONSUMER 0% dioxide 3 Inactive wells $0.2 Total Value of All Exemptions = $48.3 MILLION 14 G L E N N H E G A R • T E X A S C O M P T R O L L E R O F P U B L I C A C C O U N T S 15
NATURAL GAS PRODUCTION TAX HIGHLIGHTS: E N AC T E D 19 31 COLLECTIONS All Funds, Excluding Trusts (billions) Natural gas production is taxed as part of Texas' severance tax structure, which $3 taxes the removal of natural resources REVENUE from the state. FISCAL 2019 Twenty-five percent of the revenue $2 $1.69B from this tax is allocated to the $1.58 Foundation School Account, with the remaining amount deposited into General Revenue. Portions of the amount deposited $1 into General Revenue may be transferred to the Economic Stabilization Fund and the State Highway Fund. $0 2 0 09 2 010 2 011 2 012 2 013 2 014 2 015 2 016 2 017 2 018 2 019 2 02 0 2 02 1 ACTUAL ESTIMATED R E V E N U E BY S O U R C E H I S T O R I C A L VO L AT I L I T Y Year-over-year Change, All Funds, Excluding Trusts STATE RATE 3 TAX FUND FISCAL 2019 7.5% Natural Gas Production Tax General Revenue Fund1 $1,685,680,675 Compound Annual Growth Rate (Fiscal 2009-2019): 1.8% 70 69.8% TOTAL 2 $1,685,680,675 60 53.0% 50 45.6% FOOTNOTE S 40 38.3% 1 Twenty-five percent is statutorily dedicated to public education funding and allocated to the 30 27.0% LOCAL RATE NONE Foundation School Account. 20 17.8% 2 M ay not sum to total due to rounding. 10 Percentage of 3 Tax rate for condensate is 4.6 percent. 0 Total Tax Collection 4 E stimated values of major exemptions in fiscal 2020 and initial distribution of total natural gas production tax revenue in fiscal 2021, as projected in the November 2018 Tax Exemptions and -10 -2.6% F I S C A L 2 01 9 Tax Incidence report. -20 FEDERAL RATE NONE -30 All Funds, Excluding Trusts -40 -32.6% $1.69 BILLION -50 -48.5% -60 -54.8% NATURAL GAS PRODUCTION TAX FISCAL 2 010 2 011 2 012 2 013 2 014 2 015 2 016 2 017 2 018 2 019 WHO PAYS? 4 MAJOR EXEMPTIONS4 BUSINESS 100% Reduced tax rates applied for approved “high-cost” gas wells based upon drilling and completion costs for each well; exemptions applied for low-producing gas wells that had production of 90 mcf per day. RANK EXEMPTION FISCAL 2020 EST. VALUE (MILLIONS) 1 High-cost natural gas $272.8 CONSUMER 0% 2.8% 2 Qualifying low-producing gas wells $73.3 16 G L E N N H E G A R • T E X A S C O M P T R O L L E R O F P U B L I C A C C O U N T S 17
ADDITIONAL STATE TAXES COLLECTIONS P E R C E N TAG E O F T O TA L TA X C O L L E C T I O N S F I S C A L 2 0 0 9 - 2 0 21 F I S C A L 2 01 9 All Funds, Excluding Trusts (billions) All Funds, Excluding Trusts % OF $3.0 INSURANCE TAXES TAXES $2,599,024,669 4.4% $2.5 CIGARETTE AND T0BACCO TAXES $1,410,390,955 2.4% ALCOHOLIC BEVERAGES TAXES $2.0 $1,369,402,271 2.3% HOTEL OCCUPANCY TAX $1.5 $636,110,128 1.1% UTILITY TAXES $1.0 $471,361,566 0.8% OTHER TAXES $0.5 $326,546,683 0.5% $0 2 0 09 2010 2011 2012 2013 2014 2015 2016 2017 2 018 2 019 2 020 2 021 ACTUAL E ST I M AT E D INSURANCE TAXES CIGARETTE AND TOBACCO TAXES ALCOHOLIC BEVERAGES TAXES UTILITY TAXES Insurance taxes include premium taxes and more than a dozen Cigarette and tobacco taxes include the cigarette tax and the cigar Alcoholic beverage taxes consist of separate excise taxes on the Utility taxes are a group of three related revenue sources, maintenance taxes collected on behalf of the Texas Department of and tobacco products taxes. first sale in Texas of liquor, beer, wine and malt liquor (also known including the gas, electric and water utility tax; the public utility Insurance. Insurance premium taxes generally apply to premiums as ale); and the mixed beverage gross receipts tax and mixed gross receipts assessment; and the gas utility pipeline tax. paid on insurance that covers risk located in Texas. FISCAL 2019 REVENUE: $1.41 BILLION beverage sales tax on alcoholic beverages sold to consumers by mixed beverage and private club permittees. FISCAL 2019 REVENUE: $0.47 BILLION FISCAL 2019 REVENUE: $2.6 BILLION TAX RATE Cigarettes $70.50 per 1,000 cigarettes weighing 3 FISCAL 2019 REVENUE: $1.37 BILLION TAX RATE TAX RATE pounds or less ($1.41 per pack of 20) Gas, electric and water utility Cities 1,000-2,499 population – Life insurance and HMO 0.875% of the first $450,000 Cigars and tobacco Cigars weighing 3 pounds or less per 1,000 – TAX RATE 0.581% of gross receipts 1.75% in excess of $450,000 products 1 cent for each 10 cigars Beer $6.00 per 31-gallon barrel Cities 2,500-9,999 population – Property and casualty insurance 1.6% Cigars weighing more than 3 pounds per 1,000 (19.4¢ per gallon) 1.070% of gross receipts Accident and health insurance 1.75% and retailing for not more than 3.3 cents each – Liquor $2.40 per gallon Cities ≥10,000 population – $7.50 per 1,000 Wine Alcohol volume ≤14% – 20.4¢ per 1.997% of gross receipts Unauthorized, independently 4.85% procured and surplus lines Cigars weighing more than 3 pounds per gallon; >14% – 40.8¢ per gallon; Public utility gross receipts One-sixth of 1% of gross receipts insurance 1,000 and retailing for over 3.3 cents each, Sparkling wine – 51.6¢ per gallon assessment containing no substantial amount of non- Malt liquor (Ale) 19.8¢ per gallon Gas utility pipeline 0.5% of gross income of Licensed captive insurance 0.5% tobacco ingredients – $11 per 1,000 gas utilities companies Mixed beverage 6.7% of gross receipts Cigars weighing more than 3 pounds per 8.25% sales tax Title insurance 1.35% 1,000 and retailing for over 3.3 cents each, containing a substantial amount of non- NOTE tobacco ingredients – $15 per 1,000 In 2015, the Legislature eliminated the following taxes: Each can or package of tobacco products HOTEL OCCUPANCY TAX OTHER TAXES (other than cigars, cheroots or stogies) – $1.22 • Airline/passenger train • Fireworks tax per ounce and a proportionate rate on all The hotel occupancy tax is imposed on a person who pays for a Other taxes include the cement tax, oil and gas well servicing tax, beverage tax • Liquefied gas tax fractional parts of an ounce hotel room or space that costs $15 or more per day. occupation tax, combative sports admissions tax, coin-operated • Bingo rental tax • Oil regulation tax amusement machine tax, unemployment assessments and the • Controlled substances tax • Sulphur tax FISCAL 2019 REVENUE: $0.64 BILLION tax refunds to employers of recipients of Temporary Assistance • Inheritance tax RATE for Needy Families. 6% of room rate paid by occupant FISCAL 2019 REVENUE: $0.33 BILLION 18 G L E N N H E G A R • T E X A S C O M P T R O L L E R O F P U B L I C A C C O U N T S 19
LOCAL PROPERTY TAXES E N AC T E D 18 37 L O C A L P R O P E R T Y TA X L E V I E S 1 (billions) MAXIMUM Property taxes are levied by counties, 70 RATES 5 cities, school districts and special purpose (PER $100 IN PROPERT Y VALUE) districts such as community colleges and $8.47B $8.01B public hospitals. These local entities can 60 levy a property tax by adopting a tax rate SCHOOL DISTRICTS $1.17 $10.39 B with two components: a maintenance and $9.73B 50 operations (M&O) rate, and an interest M&O and sinking (I&S) rate (also referred to $10.04 B $9.53B $0.5 0 as debt service). A separate entity, called 40 6 an Appraisal District, is responsible for I&S determining the market value of each $34.88 B $32.13B property within its respective county. 30 While the state of Texas has not levied a property tax since 1980, local property 20 values have a direct impact on the state budget due to the nature of the school CITIES finance system. 10 GENER AL LAW CITIES 7 (POP. ≤ 5,000) 0 2 0 09 2 010 E N T I T I E S R E P O R T I N G BY T Y P E (2 018) 1 2 011 2 012 2 013 2 014 2015 2016 M A J O R S C H O O L P R O P E R T Y TA X E X E M P T I O N S , 2017 2018 $1.5 0 HOME RULE C ITIES ■ SPECIAL PURPOSE DISTRICTS - 1,793 DISCOUNTS AND SPEC IAL APPR AISALS 3 (POP. > 5,000) ■ CITIES - 1,075 ■ COUNTIES - 254 ■ SCHOOL DISTRICTS - 1,017 Valuation of agricultural or timber land at productivity value; various property value exemptions for residence homesteads and certain veterans; cap on taxes paid by homeowners age 65 and older or disabled; economic development activity under Chapter 313; exemption of certain tangible property being transported out of the state $2.5 0 within 175 days; and the limitation on growth of appraised value. AV E R AG E P R O P E R T Y TA X R AT E S (2 018) 2 M&O I&S FISCAL 2020 EST. COST COUNTIES School Districts $1.091 $0.275 RANK EXEMPTIONS (BILLIONS) Cities $0.409 $0.164 GENER AL FUND 1 Special appraisals for agricultural and timber land $4.097 Counties (General Fund) 1 FOOTNOTE S $0.316 $0.050 T he figures presented are calculated totals based on data self-reported to the Comptroller’s office only, not actual total property tax levies. These figures are for 2018 only and are not 2 3 4 Residence homestead exemptions4 School tax ceiling; age 65 and older or disabled Ch. 313 - Texas Economic Development Act $3.289 $1.310 $0.752 $0.8 0 FARM-TO-MARKET & inclusive of changes made in House Bill 3 implemented in tax year 2019. The Comptroller does FLOOD CONTROL not guarantee the accuracy of self-reported information. $0.3 0 2 5 Freeport property and cotton stored in warehouses $0.434 Average property tax rates are weighted by calculated property tax levies and only include entities that reported levying the respective tax to the Comptroller’s office. 3 Limitation on appraised value of residence homesteads E stimated values of major exemptions in fiscal 2020 as projected in the November 2018 Tax Exemptions and Tax Incidence report. 6 (10 percent cap) $0.334 4 This includes the cost of both state-mandated value exemptions and local optional value SPECIAL ROAD exemptions. Total of All Exemptions and Special Appraisals = 5 Rate limits represent the general rule applied to nearly all applicable entities. There may & BRIDGE $15.3 BILLION $0.15 be cases, however, in which some entities can exceed this limit or are subject to a more restrictive tax rate limit. 6 The "50-cent test" requires school districts to demonstrate to the Attorney General the ability to pay the principal and interest on any proposed bonds, as well as all outstanding bonds, from a tax rate not to exceed $0.50. 7 Tax Code Section 302.001 restricts the annual property tax rate set by Type B general law municipalities to no more than $0.25. 20 G L E N N H E G A R • T E X A S C O M P T R O L L E R O F P U B L I C A C C O U N T S 21
LOCAL SALES TAXES E NAC TE D 19 67 L O C A L S A L E S TA X A L L O C AT I O N S 1 (billions) MAXIMUM Like the state sales tax, the local sales $10 RATES tax is imposed on final sales, rentals $0.72B THE SUM OF ALL LOCAL RATES CANNOT EXCEED 2%. and leases of tangible personal property $8.01B $0.60 B — physical goods or their classified $2.11B 2% equivalent — and on sales of certain $8 services, such as the repair of tangible $9.73B SPECIAL PURPOSE personal property, amusements and DISTRICTS telephone services. $6 $9.53B $6.20 B 1.5 % The local sales tax is collected by retailers across the state and remitted to the Comptroller’s office along with $32.13B COUNTIES the state sales tax. The Comptroller then $4 1% distributes the local portion of sales tax collections to the local governmental TRANSIT entities each month. ENTITIES The passage of House Bill 1525 by the $2 2% 86th Legislature requires marketplace providers to collect local sales taxes based on delivery location. The passage of House $0 CITIES Bill 2153 also provides a single local tax 0 2010 2011 2012 2013 2014 2015 2 016 2 017 2 018 2 019 rate for remote sellers. Remote sellers with total Texas revenue exceeding $500,000 AV E R AG E S A L E S TA X R AT E S 3 E N T I T I E S BY T Y P E 2 are required to collect and remit state and SPECIAL PURPOSE local use taxes, and may choose to collect ■ SPECIAL PURPOSE DISTRICTS - 341 DISTRICTS COUNTIES TRANSIT ENTITIES CITIES the single local tax rate or the local tax 0.59% 0.50% 0.78% 1.36% based on the total local tax rate in effect at ■ COUNTIES - 124 the destination. The single local tax rate for 2020 is 1.75 percent. ■ TRANSIT ENTITIES - 10 ■ CITIES - 1,161 FOOTNOTE S 1 T hese figures represent sales tax allocations made during each calendar year. Revenue is allocated to local governments two months after taxes are paid to a business. 2 Entity counts and averages are as of December 11, 2019. 3 Average local sales tax rates are weighted by collection amounts and corresponding tax rates. 22 G L E N N H E G A R • T E X A S C O M P T R O L L E R O F P U B L I C A C C O U N T S 23
BUDGETING AND APPROPRIATIONS The constitution requires the Comptroller to estimate General Appropriations Act — The Budgeting Process in Brief the amount of revenue available for general purpose “The Budget” spending each biennium to fund public services Each state agency prepares a detailed legislative Budget Approval Steps delivered by state agencies and public colleges and The General Appropriations Act (GAA) is the Texas appropriations request (LAR) itemizing the • The Texas House Committee on Appropriations and the universities. state government’s two-year budget. The state funding it is seeking for the upcoming biennium. constitution requires that this budget be balanced. Senate Finance Committee simultaneously deliberate Legislators must approve a balanced budget for State budget writers are also required to limit After several reviews, hearings and approvals, on the general appropriations bill. After the committees state spending that may be less than, but not exceed, spending growth from the current budget to the next. the LBB uses the LARs to draft the general pass their versions of the bills, the full House and Senate the available cash and anticipated revenue as certified Under this spending limit, the growth rate of spending appropriations bill, which is then submitted to the consider each version of the budget. by the Comptroller. from tax revenue not dedicated by the constitution must Legislature. not exceed the estimated growth of the state’s economy The Governor also submits an independently • A conference committee of both House and Senate as determined by the Legislative Budget Board (LBB). developed budget to the Legislature. members works to combine the two versions into the Only majority votes by both the House and Senate can final General Appropriations Act, which is then voted on Prior to the legislative session, the Comptroller’s override the spending limit. For the 2020-21 biennium, by both chambers. office issues the Biennial Revenue Estimate (BRE) the LBB approved a 9.89 percent cap on spending of the funds to be available from taxes and other • Once approved, it goes to the Comptroller’s office for growth. revenue sources for the biennium. Following final certification that the bill is within cash and the regular legislative session, the Comptroller State Spending Decisions anticipated available revenue. reevaluates this estimate in light of changing economic conditions, as well as the fiscal impacts • The last step is the Governor’s signature. Once signed, In recent years, the majority of state expenditures are of any legislative changes. During the 2019 on the following items: the bill becomes law, allocating the state’s funds for two legislative session, the Comptroller issued a BRE more years. The Governor may veto individual spending • h ealth and human services programs such as Medicaid, revision in May, increasing amount available items within the budget. adult and child protection, and assistance to the disabled for certification by $518 million. A Certification Revenue Estimate (CRE) is published early in the and those in poverty; new biennium giving lawmakers an updated • p ublic education spending that supplements local property picture of the state’s expected fiscal condition tax revenues; during the two-year budget cycle. • t ransportation, road and bridge maintenance and construction, and airports; • higher education; • law enforcement, courts and prisons; • state government operations; and • natural resources and state parks. . 24 G L E N N H E G A R • T E X A S C O M P T R O L L E R O F P U B L I C A C C O U N T S 25
RESOURCES Monthly Revenue Watch State Spending: Where the Money Goes Certification Revenue Estimate Biennial Revenue Estimate The Comptroller forecasts the amount of revenue Glenn Hegar Texas Comptroller of Public Accounts available for spending during the current biennium based on the anticipated condition of the economy, incorporating changes to taxes and fees adopted by the Legislature during the previous session (October 2019). Tax Exemptions & Tax Incidence NOVE M B E R 2 01 8 2 018 Net state revenue collections by source are posted These interactive tools on the Comptroller’s website State of Texas Annual Biennial Revenue Estimate monthly to the Comptroller’s website. show state spending by agency, purchase code, Tax Exemptions Cash 2020-2021 Biennium 86th Texas Legislature January 2019 category and more. Report & Tax Incidence The Comptroller forecasts the amount of revenue Texas Taxes and Tax Publication webpages Revenues and Expenditures of State Funds for the Year Ended Comprehensive Annual Financial Report august 31, 2018 available for spending each biennium, which GLENN HEGAR Legislators then use to craft the state’s budget Texas Comptroller of Public Accounts (January 2019). Glenn Hegar Texas Comptroller of Public Accounts State of Texas Fiscal Size-Up Comprehensive Annual Financial Report For the Fiscal Year Ended August 31, 2018 A R E P O R T TO TH E G OV E R N O R A N D TH E 8 5TH TE X A S LEG I S L AT U R E G L E N N H E G A R Texas Comptroller of Public Accounts LEGISLATIVE BUDGET BOARD This legislatively required report estimates Fiscal Size-up 2018–19 Biennium The Comptroller’s office maintains extensive online the value of exemptions, exclusions, discounts, resources on the more than 60 taxes, fees and deductions, special accounting methods, credits, assessments that the office collects. refunds and special appraisals available under Texas’ major state taxes and school property taxes State Tax Automated Research (STAR) System This report presents information on all state assets, (November 2018). liabilities, and revenue and expenditure details for all SUBMITTED TO THE 85TH TEXAS LEGISLATURE state funds, including those held outside the Texas Sources of Revenue: PREPARED BY LEGISLATIVE BUDGET BOARD STAFF WWW.LBB.STATE.TX.US SEPTEMBER 2018 This online policy Treasury (February 2019). A History of State Taxes and Fees in Texas resource center The Legislative Budget Board produces this biennial facilitates research Texas Annual Cash Report report: a single source of information on the budget, Glenn Hegar Texas Comptroller of Public Accounts on Texas tax law and State of Texas Sources of Revenue fiscal actions of each Legislature and the state’s fiscal tax policy. A History of State Taxes and Fees 1972-2018 condition (September 2018). Texas Tax Code Providing a historical perspective, this guide reports Select “Tax code” followed by the desired chapter and This report presents the state’s financial condition, on the current status of state revenue sources section to see statutes. details revenues and expenditures on a cash basis, and (January 2019). shows revenue and expenditure details for all funds in the Texas Treasury (November 2019). 26 G L E N N H E G A R • T E X A S C O M P T R O L L E R O F P U B L I C A C C O U N T S 27
This report contains estimates and projections from the comptroller’s Certification Revenue Estimate – October 2019, which are based on available information, assumptions and estimates as of the date of the forecast. Assumptions involve judgments about future economic and market conditions and events that are difficult to predict. Actual results could differ from those predicted, and the difference could be material. For additional copies, write: TEXAS COMPTROLLER OF PUBLIC ACCOUNTS P.O. Box 13528 Austin, Texas, 78711-1440 This report is also available online at comptroller.texas.gov/transparency/revenue/resources.php . In compliance with the Americans with Disabilities Act, this document may be requested in alternative formats by emailing transparency@cpa.texas.gov. Glenn Hegar Te x a s C ompt rol le r of P u bl ic Ac c ou nt s PUBLICATION # 96-1774 • PRINTED JANUARY 2020
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