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House approves measure to block ‘passive’ state tax increases tied to federal changes

2320050 · February 13, 2025
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Summary

First substitute House Bill 216 passed the House 71–1; it creates a process that quarantines automatic state revenue increases caused by changes in the federal definition of taxable income and requires a legislative vote before the state can spend that money.

The Utah House of Representatives on Feb. 13 approved first substitute House Bill 216, a measure designed to prevent unvoted, automatic increases in state income tax revenue that happen when the federal definition of taxable income changes. The bill passed the House on a recorded vote, 71‑1.

Representative Thurston, sponsor of the bill, described the legislation as a guard against what he called “passive tax increases” that previously raised state revenue after the federal Tax Cuts and Jobs Act of 2017 altered how taxable income is calculated. Thurston said the 2017 federal changes reduced federal tax liability for many people while Utah’s use of the federal tax base produced higher state revenue for some taxpayers. “This bill creates a process for making sure that that money doesn't get spent automatically without a vote of the legislature,” Thurston told the House.

Under the bill, if a change in federal taxable‑income definitions generates a significant increase in state income tax collections, the excess funds are placed in a special fund and cannot be spent without an affirmative vote of the Legislature. Thurston said the approach mirrors steps taken by other states after 2017 and gives policymakers a clear choice to return funds to taxpayers or appropriate them with legislative approval.

Representative Bolinder asked whether the bill simply preserves the state’s current practice of conforming to federal definitions; Thurston replied that the bill does not change the baseline conformity but creates the hold‑and‑decide mechanism for excess revenue.

Thurston framed the bill as planning ahead for potential federal tax changes and to avoid unplanned increases in state revenue without legislative oversight. The House approved the measure and will transmit it to the Senate for consideration.