Taxing Investment Income in the States New Hampshire Fiscal Policy Institute 2 nd Annual Budget and Policy Conference Concord, NH January 23, 2015

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Taxing Investment Income in the States New Hampshire Fiscal Policy Institute 2 nd Annual Budget and Policy Conference Concord, NH January 23, 2015 Norton Francis State and Local Finance Initiative Urban-Brookings Tax Policy Center

What is Investment Income

U.S. Investment Income Income reported on tax returns Fiscal cliff Source: IRS

New Hampshire Investment Income Income reported on tax returns Source: IRS

Interest Income Federal: State and Local bonds exempt States: All states except those listed exempt interest on bonds issued by governments within the state. Special bond exemptions: IL, IA, KS, MI, UT, WI Exempts all bond interest even out of state bonds: IN, ND, DC (plus no tax states) Other interest exemptions: OK, TN, MA

Interest Income: $876 million in 2012 NH 2011 US Federal Adjusted Gross Income % reporting (Reporting Only) % reporting (Reporting Only) Less than $50,000 * $ 241 29% $ 841 $ 258 23% $ 1,138 $50,000 to $200,000 732 58% 1,256 799 57% 1,407 $200,000 and up 28,191 87% 32,319 11,844 88% 13,436 All $ 1,401 42% $ 3,352 $ 840 36% $ 2,358 NH 2012 Federal Adjusted Gross Income % reporting (Reporting Only) % reporting (Reporting Only) Less than $50,000 * $ 185 23% $ 808 $ 173 20% $ 867 $50,000 to $200,000 622 51% 1,220 661 52% 1,269 $200,000 and up 24,408 83% 29,280 11,235 86% 13,106 All $ 1,288 36% $ 3,588 $ 768 33% $ 2,328 US * Excludes returns with negative income which are included in total Source: IRS Statistics of Income Table 2

Dividend Income Federal: Qualified dividends taxable at preferential rate States: All states except those listed tax dividends as normal income Full or Partial exemption: AK (100%), FL (100%), ND (40%), NV (100%), SD (100%), TN (100%), TX (100%), WA (100%), WY (100%) Special exemptions: KS, MI, MT, NE, NJ, TN

Dividend Income: $987 million in 2012 NH US Federal Adjusted Gross Income % reporting (Reporting Only) % reporting (Reporting Only) Less than $50,000 * $ 237 13% $ 1,883 $ 169 9% $ 1,806 $50,000 to $200,000 1,020 31% 3,299 847 28% 3,056 $200,000 and up 16,367 66% 24,950 17,343 66% 26,352 All $ 1,087 21% $ 5,080 $ 952 17% $ 5,565 NH 2011 2012 Federal Adjusted Gross Income % reporting (Reporting Only) % reporting (Reporting Only) Less than $50,000 * $ 313 13% $ 2,445 $ 164 9% $ 1,764 $50,000 to $200,000 1,105 31% 3,564 924 28% 3,337 $200,000 and up 22,233 66% 33,557 26,481 66% 40,018 All $ 1,451 22% $ 6,646 $ 1,385 18% $ 7,900 US * Excludes returns with negative income which are included in total Source: IRS Statistics of Income Table 2

Capital Gains Federal: Preferential rate for long term 20% top rate plus 3.8% health surtax for high income earners. $3,000 loss cap with carry-forward of losses Principle residence $250,000/$500,000 exempt States: Follow Federal: CA, DE, DC, GA, IN, MD, MS, NY, RI, WV Exemption: AK (100%), AZ (10%), FL (100%), NH (100%), NM (50%), NV (100%), ND (40%), SC (44%), SD (100%), TX (100%), WA (100%), WI (30%), WY (100%) Exemption for some or all in-state gains: CO, ID, IA, LA, MT, NE, OK, OR, UT, VA, VT, WI Exemption for all or some muni bond interest: CT, KS, KY, ME, NJ, OH Special exemptions: KY, MI, MN, MO, MT, OK, UT, TN Special alternative tax: HI, MA Loss Differences: AL (no cap), CT (bonds), NJ (no losses allowed), PA (no cap), WI ($500 cap)

Capital Gains: $2.6 billion in 2012 NH 2011 Federal Adjusted Gross Income % reporting (Reporting Only) % reporting (Reporting Only) Less than $50,000 * $ 37 10% $ 376 $ 61 8% $ 773 $50,000 to $200,000 824 25% 3,307 733 24% 3,119 $200,000 and up 69,941 65% 106,834 67,636 66% 102,694 All $ 2,738 18% $ 15,473 $ 2,522 15% $ 16,631 2012 NH US Federal Adjusted Gross Income % reporting (Reporting Only) % reporting (Reporting Only) Less than $50,000 * $ 62 10% $ 643 $ 48 8% $ 610 $50,000 to $200,000 1,108 25% 4,359 937 24% 3,920 $200,000 and up 89,116 66% 134,824 103,075 67% 154,893 All $ 3,858 18% $ 21,320 $ 4,167 16% $ 26,634 US * Excludes returns with negative income which are included in total Source: IRS Statistics of Income Table 2

Capital Gains Table 1C. Long-Term Capital Gains and Losses, by Asset Type [All figures are estimates based on samples --number of transactions are in thousands, money amounts are in thousands of dollars] All transactions Gain Transactions Loss transactions Transactions by asset type Number Net gain/loss Number Gain Number Loss (1) (4) % of Column (5) (8) % of Column (9) (12) % of Column Total 109,950 21,436,010 32,172 317,952,345 68,915 296,516,335 Corporate stock 56,485 8,482,012 40% 16,941 113,580,208 36% 37,531 105,098,196 35% Mutual funds, except tax-exempt bond funds 29,584-44,178,493-206% 4,499 7,911,927 2% 23,649 52,090,420 18% Capital gain distributions 4,224 2,454,426 11% 4,224 2,454,426 1% 0 0 0% Pass-through gains or losses 4,085 33,516,872 156% 1,765 97,704,637 31% 2,156 64,187,765 22% Other assets 2,656-6,818,722-32% 948 19,864,199 6% 1,036 26,682,921 9% State and local government obligations 2,458-16,828 0% 775 2,266,953 1% 663 2,283,780 1% Tax-exempt bond mutual funds 1,870-1,917,245-9% 310 550,163 0% 1,218 2,467,408 1% Depreciable business personal property 1,652 865,381 4% 155 1,780,931 1% 246 915,550 0% Partnership, S corporation, and estate or trust interests 1,447 11,392,320 53% 398 25,519,091 8% 961 14,126,771 5% U.S. Government obligations 1,223 513,842 2% 386 731,733 0% 239 217,891 0% Other bonds, notes and debentures 880-1,579,504-7% 172 1,202,979 0% 358 2,782,483 1% Residential rental property 771 805,902 4% 465 12,680,454 4% 204 11,874,552 4% Livestock 530 1,413,098 7% 257 1,736,388 1% 81 323,289 0% Depreciable business real property 368 5,303,102 25% 230 10,234,631 3% 97 4,931,529 2% Unidentifiable 357-2,425,113-11% 119 1,411,593 0% 213 3,836,706 1% Other land 345 7,251,503 34% 235 9,102,245 3% 62 1,850,742 1% Involuntary conversions 337 651,666 3% 32 971,634 0% 39 319,968 0% Residences 331 2,774,533 13% 90 4,171,157 1% 23 1,396,624 0% Put and call options 183-400,454-2% 51 443,433 0% 105 843,887 0% Farmland 72 2,512,736 12% 57 2,602,525 1% 8 89,789 0% Timber 56 691,529 3% 46 702,709 0% 6 11,181 0% Futures contracts 36 143,446 1% 14 328,329 0% 21 184,883 0% N/A--Not applicable. Notes: Detail may not add to totals because of rounding. Sales price minus basis does not alw ays equal gain or loss because: (a) only the gain is reported for capital gain distributions from mutual funds and pass-through gains or losses, (b) part of the total gain or loss on certain deprecibale assets is treated as ordinary income rather than capital gain or loss, (c) in certain cases w here taxpayers reported futures contracts w ith a loss, the sales price and b and (d) some sales may have non-deductible losses or non-taxable gains such as w ash sales, or sales of principal residences, and these transactions are not balanced.

Trends 20 states followed the federal treatment of capital gains in 2001 in 2013 only 9 did. Only Idaho, Massachusetts, and Mississippi expanded the base (Idaho used to exempt 80% of certain gains now 60%; MA used to exempt capital gains on assets held over five years; MS used to exempt certain state business gains) Most of the changes related to qualified business sales (OK, IL, LA, VA, VT, MT, NY Montana doubled the size of its capital gains credit from 1% to 2% There have been proposals to tax capital gains: Washington Some looking to exempt more: Arizona is phasing in an exemption of 25%; North Carolina may consider exemption of capital gains

Contact Info: Norton Francis Website: www.stateandlocalfinance.org email: nfrancis@urban.org twitter: @staterevenue Data for state treatment comes from state tax departments and the Wisconsin Legislative Fiscal Bureau Individual Income Tax Provisions in the States 13