Bill Text: MS SB2875 | 2023 | Regular Session | Introduced

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Bill Title: Mississippi State Income Tax; phase out based on General Fund revenue collections.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2023-02-22 - Died In Committee [SB2875 Detail]

Download: Mississippi-2023-SB2875-Introduced.html

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MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Finance

By: Senator(s) McDaniel

Senate Bill 2875

AN ACT TO AMEND SECTION 27-7-5, MISSISSIPPI CODE OF 1972, TO PHASE OUT THE MISSISSIPPI STATE INCOME TAX BASED ON GENERAL FUND REVENUE COLLECTIONS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 27-7-5, Mississippi Code of 1972, is amended as follows:

     [Until January 1 of the next succeeding year after the date that the Commissioner of Revenue certifies that the amount of the actual General Fund revenue collected during the most recent fiscal year exceeds the amount of the actual General Fund revenue for the most recent full fiscal year multiplied by the inflation factor prescribed in subsection (1) of this section, this section shall read as follows:]

     27-7-5.  (1)  On or before October 1, 2023, and on or before October 1 of each succeeding year, if the amount of the actual General Fund revenue collected during the most recent full fiscal year exceeds the amount of the actual General Fund revenue for the previous full fiscal year multiplied by whichever is the lesser of 1.015 or the inflation factor determined under this paragraph as calculated and certified by the Commissioner of Revenue, the taxable rate on all wages or personal income of natural persons in excess of Ten Thousand Dollars ($10,000.00) shall decrease by one-half percent (.50%) effective for the taxable year that begins on the following January 1.  From and after January 1 of the succeeding year for which the taxable rate is zero percent (0%), the personal income tax shall stand repealed.

     The inflation factor shall be determined by dividing the CPI-U for the most recent full fiscal year by the CPI-U for the fiscal year immediately preceding the most recent full fiscal year.  As used in this subsection (1), "CPI-U" means the United States Consumer Price Index for All Urban Consumers, South Region as defined and reported by the United States Department of Labor, Bureau of Labor Statistics.

     ( * * *12) * * *  (a)  Except as otherwise provided in this section,  There is hereby assessed and levied, to be collected and paid as hereinafter provided, for the calendar year 1983 and fiscal years ending during the calendar year 1983 and all taxable years thereafter, upon the entire net income of every resident individual, corporation, association, trust or estate, in excess of the credits provided, a tax at the following rates:

          ( * * *ia) * * *  1.  Through calendar year 2017, on the first Five Thousand Dollars ($5,000.00) of taxable income, or any part thereof, the rate shall be three percent (3%);

           * * *2.(b)  For calendar year 2018, on the first One Thousand Dollars ($1,000.00) of taxable income there shall be no tax levied, and on the next Four Thousand Dollars ($4,000.00) of taxable income, or any part thereof, the rate shall be three percent (3%);

           * * *3.(c)  For calendar year 2019, on the first Two Thousand Dollars ($2,000.00) of taxable income there shall be no tax levied, and on the next Three Thousand Dollars ($3,000.00) of taxable income, or any part thereof, the rate shall be three percent (3%);

           * * *4.(d)  For calendar year 2020, on the first Three Thousand Dollars ($3,000.00) of taxable income there shall be no tax levied, and on the next Two Thousand Dollars ($2,000.00) of taxable income, or any part thereof, the rate shall be three percent (3%);

           * * *5.(e)  For calendar year 2021, on the first Four Thousand Dollars ($4,000.00) of taxable income there shall be no tax levied, and on the next One Thousand Dollars ($1,000.00) of taxable income, or any part thereof, the rate shall be three percent (3%);

           * * *6.(f)  For calendar year 2022 and all taxable years thereafter, there shall be no tax levied on the first * * * Five Thousand Dollars ($5,000.00) Ten Thousand Dollars ($10,000.00) of taxable income * * *;

(ii)  On taxable income in excess of Five Thousand Dollars ($5,000.00) up to and including Ten Thousand Dollars ($10,000.00), or any part thereof, the rate shall be four percent (4%); and

(iii).  On all taxable income in excess of Ten Thousand Dollars ($10,000.00), the rate shall be five percent (5%).

 * * *  (b)  (i)  For calendar year 2023 and all calendar years thereafter, there shall be no tax levied under subparagraph (ii) of paragraph (a) of this subsection on the taxable income of individuals in excess of Five Thousand Dollars ($5,000.00) up to and including Ten Thousand Dollars ($10,000.00), or any part thereof; and

   (ii)  For calendar year 2024 and all calendar years thereafter, the tax imposed under subparagraph (iii) of paragraph (a) of this subsection upon all taxable income of individuals in excess of Ten Thousand Dollars ($10,000.00), shall be at the following rates:

    1.  For calendar year 2024, on such taxable income, the rate shall be four and seven‑tenths percent (4.7%);

    2.  For calendar year 2025, on such taxable income, the rate shall be four and four‑tenths percent (4.4%); and

    3.  For calendar year 2026 and all calendar years thereafter, on such taxable income, the rate shall be four percent (4%).

It is the intent of the Legislature that before calendar year 2026, the Legislature will consider whether the revised tax rates provided for in this subparagraph (ii) will be further decreased for calendar years after calendar year 2026.  If the revised tax rates provided for in this subparagraph (ii) are further decreased for calendar years after calendar year 2026 to the extent that there is no tax levied on the taxable income of individuals under this subparagraph (ii), the individual income tax shall stand repealed.

     ( * * *23)  An S corporation, as defined in Section 27-8-3(1)(g), shall not be subject to the income tax imposed under this section.

     ( * * *34)  A like tax is hereby imposed to be assessed, collected and paid annually, except as hereinafter provided, at the rate specified in this section and as hereinafter provided, upon and with respect to the entire net income, from all property owned or sold, and from every business, trade or occupation carried on in this state by individuals, corporations, partnerships, trusts or estates, not residents of the State of Mississippi.

     ( * * *45)  In the case of taxpayers having a fiscal year beginning in a calendar year with a rate in effect that is different than the rate in effect for the next calendar year and ending in the next calendar year, the tax due for that taxable year shall be determined by:

          (a)  Computing for the full fiscal year the amount of tax that would be due under the rates in effect for the calendar year in which the fiscal year begins; and

          (b)  Computing for the full fiscal year the amount of tax that would be due under the rates in effect for the calendar year in which the fiscal year ends; and

          (c)  Applying to the tax computed under paragraph (a) the ratio which the number of months falling within the earlier calendar year bears to the total number of months in the fiscal year; and

          (d)  Applying to the tax computed under paragraph (b) the ratio which the number of months falling within the later calendar year bears to the total number of months within the fiscal year; and

          (e)  Adding to the tax determined under paragraph (c) the tax determined under paragraph (d) the sum of which shall be the amount of tax due for the fiscal year.

     [From and after January 1 of the next succeeding year after the date that the Commissioner of Revenue certifies that the amount of the actual General Fund revenue collected during the most recent fiscal year exceeds the amount of the actual General Fund revenue for the most recent full fiscal year multiplied by the inflation factor prescribed in subsection (1) of this section, the individual income tax shall stand repealed and this section shall read as follows:]

     27-7-5. * * *  (1)  (a)  Except as otherwise provided in this section, there is hereby assessed and levied, to be collected and paid as hereinafter provided, for the calendar year 1983 and fiscal years ending during the calendar year 1983 and all taxable years thereafter, upon the entire net income of every resident individual, corporation, association, trust or estate, in excess of the credits provided, a tax at the following rates:

(i)  1.  Through calendar year 2017, on the first Five Thousand Dollars ($5,000.00) of taxable income, or any part thereof, the rate shall be three percent (3%);

  2.  For calendar year 2018, on the first One Thousand Dollars ($1,000.00) of taxable income there shall be no tax levied, and on the next Four Thousand Dollars ($4,000.00) of taxable income, or any part thereof, the rate shall be three percent (3%);

  3.  For calendar year 2019, on the first Two Thousand Dollars ($2,000.00) of taxable income there shall be no tax levied, and on the next Three Thousand Dollars ($3,000.00) of taxable income, or any part thereof, the rate shall be three percent (3%);

  4.  For calendar year 2020, on the first Three Thousand Dollars ($3,000.00) of taxable income there shall be no tax levied, and on the next Two Thousand Dollars ($2,000.00) of taxable income, or any part thereof, the rate shall be three percent (3%);

  5.  For calendar year 2021, on the first Four Thousand Dollars ($4,000.00) of taxable income there shall be no tax levied, and on the next One Thousand Dollars ($1,000.00) of taxable income, or any part thereof, the rate shall be three percent (3%);

  6.  For calendar year 2022 and all taxable years thereafter, there shall be no tax levied on the first Five Thousand Dollars ($5,000.00) of taxable income;

(ii)  On taxable income in excess of Five Thousand Dollars ($5,000.00) up to and including Ten Thousand Dollars ($10,000.00), or any part thereof, the rate shall be four percent (4%); and

(iii)  On all taxable income in excess of Ten Thousand Dollars ($10,000.00), the rate shall be five percent (5%).

  (b)  (i)  For calendar year 2023 and all calendar years thereafter, there shall be no tax levied under subparagraph (ii) of paragraph (a) of this subsection on the taxable income of individuals in excess of Five Thousand Dollars ($5,000.00) up to and including Ten Thousand Dollars ($10,000.00), or any part thereof; and

   (ii)  For calendar year 2024 and all calendar years thereafter, the tax imposed under subparagraph (iii) of paragraph (a) of this subsection upon all taxable income of individuals in excess of Ten Thousand Dollars ($10,000.00), shall be at the following rates:

    1.  For calendar year 2024, on such taxable income, the rate shall be four and seven‑tenths percent (4.7%);

    2.  For calendar year 2025, on such taxable income, the rate shall be four and four‑tenths percent (4.4%); and

    3.  For calendar year 2026 and all calendar years thereafter, on such taxable income, the rate shall be four percent (4%).

It is the intent of the Legislature that before calendar year 2026, the Legislature will consider whether the revised tax rates provided for in this subparagraph (ii) will be further decreased for calendar years after calendar year 2026.  If the revised tax rates provided for in this subparagraph (ii) are further decreased for calendar years after calendar year 2026 to the extent that there is no tax levied on the taxable income of individuals under this subparagraph (ii), the individual income tax shall stand repealed.

(2)  An S corporation, as defined in Section 27‑8‑3(1)(g), shall not be subject to the income tax imposed under this section.

(3)  A like tax is hereby imposed to be assessed, collected and paid annually, except as hereinafter provided, at the rate specified in this section and as hereinafter provided, upon and with respect to the entire net income, from all property owned or sold, and from every business, trade or occupation carried on in this state by individuals, corporations, partnerships, trusts or estates, not residents of the State of Mississippi.

(4)  In the case of taxpayers having a fiscal year beginning in a calendar year with a rate in effect that is different than the rate in effect for the next calendar year and ending in the next calendar year, the tax due for that taxable year shall be determined by:

  (a)  Computing for the full fiscal year the amount of tax that would be due under the rates in effect for the calendar year in which the fiscal year begins; and

(b)  Computing for the full fiscal year the amount of tax that would be due under the rates in effect for the calendar year in which the fiscal year ends; and

  (c)  Applying to the tax computed under paragraph (a) the ratio which the number of months falling within the earlier calendar year bears to the total number of months in the fiscal year; and

  (d)  Applying to the tax computed under paragraph (b) the ratio which the number of months falling within the later calendar year bears to the total number of months within the fiscal year; and

  (e)  Adding to the tax determined under paragraph (c) the tax determined under paragraph (d) the sum of which shall be the amount of tax due for the fiscal year.  [Deleted]

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2023.

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