Here Are the State Tax Bills for Wealthy Clients to Watch in 2024

A USA map

Much noise has been made about wealth tax bills in the states and at the federal level. But most of the 2024 state tax bills look less like attacks on billionaires and more like efforts to help ordinary investors become the millionaires next door.

We scoured state legislation databases for tax bills, and closely related bills, aimed at high-income and high-asset taxpayers, and we found strong support for wealth-builders and wealth-keepers.

Trends in Taxing the Wealthy

In a few states, lawmakers are still trying to add special income tax brackets for ultra-high-income residents and to increase estate taxes or inheritance taxes for families with very big estates.

But more lawmakers are trying to reduce or eliminate estate taxes, cut income taxes and provide tax relief for residents who invest money in assets such as oil wells, gold bullion or cryptocurrency.

For a look at the state of wealth tax legislation in all 50 states and the District of Columbia, see the list and table below.

The Wealth Tax Push

At the federal level, some members of Congress may point to increasing taxes on “the top 1%,” millionaires or billionaires as the key to strengthening the government’s financial position.

But, at the state level, lawmakers generally seem to be more interested in helping people get and stay rich than in squeezing a lot more cash out of the rich.

Wealth tax initiatives were big news in early 2023.

Eight lawmakers inspired by State Innovation Exchange introduced bills that were meant to increase the share of tax revenue coming from high-income and high-asset people.

Today, those and similar bills, such as Hawaii’s House Bill 151 and New York’s Assembly Bill 3115, have failed outright or are stuck in committee.

State-by-State List of Selected Tax Bills

To size up what’s happening to state wealth tax legislation and related legislation this spring, we looked for bills that have recently become law, that still have a chance to become law or that had just died, as of March 15.

State legislatures vary widely in how often and how long they remain in session. Some have not been in session for months and have no relevant bills. We includes the estimated adjournment dates in the list to give a sense of the timetable involved.

In a few states, like Hawaii and New York state, there were many relevant bills. For those states, we capped the number included at three.

In other states, we found just a few active, wealth-related bills, and we flexed definitions a bit to give a state an entry in the table.

The bill classification process was subjective, and other bill watchers who tried to use similar search strategies and similar classification criteria might come up with different lists of bills.

We ended up with a list of 91 bills.

13 would increase income taxes, estate taxes, gift taxes or other taxes on high-income or high-asset taxpayers.
29 would provide broad tax cuts in income taxes or estate taxes, or further implementation of earlier cuts.
23 have implemented or would implement changes in trust, estate planning, gift planning, guardianship or elder abuse rules. Many are based on model laws developed by the Uniform Laws Commission, a nonpartisan body that helps states team up to draft legislation. (We put any bills that seemed to be designed primarily to increase or decrease estate or gift taxes in the tax cut or tax increase categories.)
10 could reduce or simplify taxes for residents who invest in precious metals, cryptocurrency, oil or gas wells. The Sound Money Defense League, for example, is backing efforts to free precious metals transactions from capital gains taxes in Georgia, Iowa, Kansas and Michigan.
6 would help ease the sting of the $10,000 cap on the federal deductibility of state income taxes by the Tax Cuts and Jobs Act of 2017, by letting owners of certain types of businesses, or “pass-through entities” decide whether put entity revenue on the entity’s income tax returns or their own, personal income tax returns. The provision can lower some business owners’ overall taxes, because federal tax law still lets businesses deduct state tax expenditures from their taxable income.
6 could affect the rules of owners of other types of assets, such as boats or undeveloped land.
2 could affect how wealthy clients’ businesses are organized.
2 bills, in Massachusetts and Wisconsin, involve efforts to set up state-run retirement account programs.

See also  Raymond James Preps for DOL's Independent Contractor Proposal

Alabama

Estimated adjournment date: May 20

House Bill 171

Category: Property Tax

Would create a property tax exemption for small aircraft that are more than 30 years old and are owned either by an individual 65 or older or by a sole proprietor 65 or older.

Status: Passed in House.

House Bill 187

Category: Business

Would let owners of a business that’s a pass-through entity decide whether to pay taxes at the entity level or the individual level, in response to changes in how the IRS treats deductibility of state income tax payments.

(In 2020, the IRS clarified that state income taxes paid by partnerships or S corporations — pass-through entities — are deductible on federal taxes, and that the $10,000 state and local tax (SALT) deduction cap does not apply to taxes paid by the owners of these entities.)

Status: Approved by a committee

Senate Bill 187

Category: Cryptocurrency

Would prohibit the state from levying additional taxes on digital assets, restricting digital asset mining, or enacting zoning restrictions or noise restrictions specific to digital asset mining.

Status: Introduced.

Alaska

Estimated adjournment date: May 15

Senate Bill 81

Category: Estate Planning 

Would let the title of a boat or vehicle transfer to a designated beneficiary, outside of the probate process, when the owner dies.

Status: Passed in House.

Senate Bill 161

Category: Real Estate 

Would permit a municipality to let voters vote on exempting some farmland from municipal taxes, if the land produced at least $1,000 per year in goods offered for sale and farming accounted for at least 10% of the owner’s revenue.

Status: Passed in committee

Arizona

Estimated adjournment date: April 20

Senate Concurrent Resolution 1010

Category: Cryptocurrency 

Would let voters vote on a ballot measure exempting virtual currency from property taxes.

Status: Passed in Senate.

Senate Bill 1197

Category: Cryptocurrency 

Would exempt virtual currency from state property taxes if voters approve the virtual currency tax exemption ballot measure proposed in Senate Concurrent Resolution 1010.

Status: Passed in Senate

Senate Bill 1095

Category: Real Estate, Business 

Could affect clients who have an ownership stake in golf clubs. It would outline the processes that a golf course owner must go through if the course is to be split, combined or converted to a different use.

Status: Passed in Senate

Arkansas

Estimated adjournment date: May 9

The next session starts April 10. Bills are not yet available.

California

Estimated adjournment date: Aug. 30

Senate Bill 1192

Category: Business

Would extend the state Small Business Relief Act until the end of 2027. The act lets some owners of businesses, or pass-through entities, decide whether to be taxed at the business level or the individual level, in response to changes in the federal rules for deductibility of state personal income taxes.

Status: Introduced.

Senate Bill 1499

Category: Income Tax, Retirement 

Would reconcile state income tax rules with the more generous federal rules for retirement plan catch-up contributions included in the federal Setting Every Community Up for Retirement Enhancement (Secure) 2.0 Act, part of the federal Consolidated Appropriations Act, 2023.

Secure 2.0 indexed catch-up contributions for people 50 and older to inflation, increased catch-up contribution limits for people 60 to 63 years of age, inclusive, and increased contribution limits for simple plans.

The change would affect the state income taxes of California residents ages 60 through 63.

Status: Set for hearing April 10.

Senate Joint Resolution 14

Category: Retirement 

Would urge Congress to “establish a reasonable cap on deferred compensation.”

The resolution was proposed in response to the 10-year, $700 million contract signed by Shohei Ohtani with the Los Angeles Dodgers in late 2023.

“The current contract is structured so that Ohtani will defer $68,000,000 annually, receiving only $2,000,000 per year for 10 years and potentially saving Ohtani over $90,000,000 in state taxes if he were to reside outside of California when the deferred compensation is paid,” the lawmakers wrote, in introducing the resolution.

See also  Business Health Insurance Market to Eyewitness Massive Growth by 2028: Allianz, AXA, Nippon Life Insurance, American Intl. Group, Aviva – The UB Post - The UB Post

Status: Introduced.

Colorado

Estimated adjournment date: May 8

House Bill 24-1248

Category: Estate Planning 

Would set rules for electronic estate planning documents other than wills by implementing the Uniform Non-Testamentary Electronic Estate Planning Documents Act, which was approved by the Uniform Law Commission in 2022 and is based on the Uniform Electronic Transactions Act. The bill has been enacted in Illinois and introduced in Missouri, Oklahoma, Oregon and Virginia, as well as in Colorado.

Status: Passed in House.

House Bill 24-1271

Category: Income Tax 

Would create an income tax credit of $5,000 to $30,000 for a veterinary professional who works in an underserved area and a tax credit of $10,000 to $200,000 for a veterinarian who buys and operates a veterinary practice in an underserved area.

Status: Introduced.

Connecticut

Estimated adjournment date: May 8

House Bill 5117

Category: Estate Tax

Would lower the state estate exemption to $3.6 million, from $13.61 million. Revenue raised would go to the state Early Childhood Education Fund.

Status: Introduced.

House Bill 5037

Category: Estate Tax, Income Tax, Retirement

Would eliminate state income taxes on income from Social Security, pension plans and annuities. It would also eliminate the state’s estate and gift taxes.

Status: Introduced.

House Bill 272

Category: Estate Planning 

Would affect the ability of an authorized fiduciary to “decant” a trust, including a charitable trust, by changing the terms of the trust or distributing property from one trust to two or more other trusts.

The act was approved by the Uniform Law Commission in 2015. It has been adopted in 15 states and introduce in Vermont, Wisconsin and the District of Columbia, as well as Connecticut.

Status: Committee hearing held.

Delaware

Estimated adjournment date: June 30

House Bill 338

Category: Estate Planning 

Would update the Delaware Statutory Trust Act. One section would let beneficial owners of an investment fund decide how the securities in the fund should vote.

Status: Committee hearing scheduled.

House Bill 339

Category: Business 

Would update the Delaware Revised Uniform Partnership Act to include provisions governing mergers of domestic business partnerships.

Status: Committee hearing scheduled.

Senate Bill 201

Category: Income Tax, Retirement 

Would increase the state income tax exemption for military pension income for pensioners younger than 60 to $25,000, from $12,500 today.

Status: Introduced.

District of Columbia

Estimated adjournment date: Dec. 31

Bill 25-0225

Category: Estate Planning 

Would add the Uniform Law Commission’s Uniform Directed Trust Act to D.C. trust laws. A “directed trust” is a trust set up in such a way that an outside fiduciary oversees the work of the trustee.

Status: Introduced.

Bill 25-0224

Category: Estate Planning 

Would adopt the Uniform Law Commission’s Uniform Trust Decanting Act of 2023, which sets rules that a trustee can follow when changing a trust’s rules or moving assets into other trusts. One provision ensures that any charitable interests may not be reduced or eliminated.

Status: Introduced.

Florida

Adjourned: March 8

House Bill 923

Category: Estate Planning 

Would update how the state’s probate laws treat a couple’s community property after one spouse dies. It seeks to reduce the chances that community property rights will be forfeited.

Status: Sent to governor.

House Bill 521

Category: Estate Planning, Real Estate 

Would update the results governing distribution of marital assets and liabilities in a divorce, including real estate acquired separately by either spouse through a gift.

Status: Sent to governor. 

House Bill 1093

Category: Estate Planning 

Would adopt a modified version of the Uniform Law Commission’s Uniform Fiduciary Income and Principal Act. The update seeks to provide flexibility for more individualized estate planning and includes rules designed to reduce jurisdictional disputes.

Status: Sent to governor.

Georgia

Estimated adjournment date: March 28

House Bill 1015

Category: Income Tax 

Would cut the state income tax rate to 4.99%, from 5.49% today, by decreasing the rate by 0.1% percentage points per year for five years.

Status: Passed in House.

House Bill 895

Category: Capital Gains 

Would exclude from taxation net capital gains or losses derived from the sale or exchange of precious metals.

Status: Introduced.

House Bill 929

Category: Capital Gains

Would exclude net capital gains on investments from income calculations for state income tax purposes.

Status: Introduced.

Hawaii

Estimated adjournment date: May 2

House Bill 1803

Category: Business 

See also  MassMutual, PacLife and State Farm Face Genetic Privacy Suits

Would affect taxes on businesses classified as pass-through entities.

Status: Passed in House.

House Bill 1660

Category: Capital Gains 

Would tax capital gains at the same rate as ordinary income.

Status: Passed in House.

Senate Bill 3289

Category: Estate Tax 

Would change the state estate tax rules regarding marital deductions and the passage of interest in a property to a family member. Would also change how the state generation-skipping transfer tax handles transfers of assets, by stating that the transfer of assets to an immediate family member shall not be considered a distribution to a skip person, as defined in Internal Revenue Code section 2613.

Status: Passed in House.

Idaho

Estimated adjournment date: March 29

House Bill 521

Category: Income Tax 

Would cut the state income tax rate to 5.695%, from 5.8%.

Status: Passed in House.

Illinois

Estimated adjournment date: May 24

Senate Bill 1880

Category: Income Tax, Business

Would change tax rules for partnership interests in investment partnerships, by classifying some partnership interests as securities that qualify for special treatment under state income tax rules. The Illinois Venture Capital Association says the change would improve Illinois tax rules for private equity firms.

Status: Passed in House.

Indiana

Estimated adjournment date: March 14

Senate Bill 228

Category: Income Tax, Business

Would let owners of a business that’s a pass-through entity decide whether to pay taxes at the entity level or the individual level, in response to changes in how the IRS treats deductibility of state income tax payments.

Status: Signed by governor.

Iowa

Estimated adjournment date: April 16

Senate File 2396

Category: Inheritance Tax 

Would implement Iowa’s inheritance tax repeal, which is set to take effect Jan. 1.

Status: Passed in the Senate and in a House committee.

House File 2638

Category: Income Tax, Retirement

Would exempt up to $500,000 from nonqualified deferred compensation plan earnings from the state income tax for an individual who is disabled, 55 or older, or the surviving spouse of an individual or survivor having an insurable interest in an individual who would have qualified for the exemption.

Status: Introduced.

House File 2626

Category: Capital Gains

Would exempt capital gains on the sale of bullion, coins and currency from the state income tax.

Status: Introduced.

Kansas

Estimated adjournment date: May 17

House Bill 2109

Category: Income Tax, Retirement 

Would exempt all Social Security income from state income taxes for taxpayers at all income levels. The full exemption has been available only to taxpayers with income less than $75,000.

Status: Approved by a committee.

Senate Bill 303

Category: Capital Gains 

Would exempt capital gains on the sale of bullion and coins from the state income tax.

Status: Approved by a committee.

Kentucky

Estimated adjournment date: April 15

House Bill 451

Category: Estate Planning 

Would let a will refer to a separate written statement or list in order for an individual to dispose of items of tangible personal property not otherwise specifically bequeathed.

Status: Passed in the House.

Louisiana

Estimated adjournment date: June 3

House Bill 719

Category: Estate Tax 

Would eliminate references in state law to an inheritance tax system that was repealed in 2008.

Status: Introduced.

Maine

Estimated adjournment date: April 17

House Paper 779

Category: Business 

Would phase out the state’s tax on insurance companies’ annuity revenue.

Status: Passed in House.

House Paper 779

Category: Income Tax 

Would have the state change its income tax rate brackets to “bring fairness to Maine families.”

The bill is a “concept draft” for a bill changing the income tax brackets but keeping the existing tax rates.

Status: Introduced.

House Paper 1196

Category: Income Tax 

Would create a state income tax surcharge for taxpayers with income of more than $100,000 for an individual or more than $200,000 for a couple, including a new tax bracket aimed specifically at taxpayers with income over $10 million for an individual and $20 million for a couple.

Status: Failed.

Maryland

Estimated adjournment date: April 8

House Bill 100

Category: Estate Tax

Would let beneficiaries of limited means who inherit property pay the state inheritance tax in installments.

Status: Passed in House.

House Bill 803

Category: Income Tax 

Would lower income tax rates for all taxpayers. For single taxpayers with income from $200,000 to $250,000, would lower the rate to 5%, from 5.5%; for single taxpayers with income from $250,00 to $300,000, would lower the rate to 5%, from 5.75%; and for single taxpayers with income from $300,000 to $350,000, would lower the rate to 5.5%, from 5.75%.

Status: Introduced.