Tax break analysis bill moves forward

ATLANTA — Tax break analysis legislation moved forward unanimously after getting nixed by the governor last session. 

The legislation, known as Senate Bill 302, sponsored by Sen. John Albers, R-Roswell, vice-chairman of the Senate Finance Committee, was given a “do pass by substitute” by the committee. The bill calls for economic analysis of tax benefits upon the request of lawmakers.

In the bill, Chairpersons of the House Committee on Ways and Means and the Senate Finance Committee can request up to five tax benefit audits through the Office of Planning and Budget on or before May 1 of each year.

A new provision, on the terms of Gov. Brian Kemp’s veto, would require contracting independent auditors to complete the reports by Dec. 1 of each year. Each request is limited to one specific exemption, exclusion or deduction from regular tax rate.

The report is mandated to include net change in state revenue, state expenditures, economic activity and — if applicable — change in public benefit. A fiscal note is also required to be included and within the year timeframe to provide lawmakers relevant information.

Albers said during the committee meeting Monday that Kemp’s veto was for “just cause.”

“I believe this is a much more perfected bill,” he said. “I think it does the things we were hoping to do, which is to see this data and fact-based decision making going forward.”

Three years ago, Albers, as well as Finance Committee Chairman Chuck Hufstetler, R-Rome, Senate Majority Leader Mike Dugan, R-Carrollton, Sen. Ellis Black, R-Valdosta, all served on a study committee on special tax exemptions.

The committee recommended the legislature do away with three tax credits that weren’t benefiting the state. It also recommended enacting legislation so tax breaks are regularly evaluated.

The quick revitalization of the legislation this year came after a newly released audit from the Georgia Department of Audits and Accounts revealed the film industry was receiving millions in tax breaks that it shouldn’t have received.

“While the state has granted billions in credits, it does not have an adequate system of controls to prevent the improper granting of credits,” the report said.

Film tax credits grew from $141 million in 2010 to an estimated $870 million in 2019. Lawmakers have talked about making changes to the expensive tax program amid Kemp’s harsh budget cuts — but House and Senate leadership have said the film tax credit isn’t going anywhere.

Dugan told reporters last week the audit will bring a “review of the program.”

“But nobody wants to get rid of film tax credits,” he said.

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