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New report from Auditor Fitzpatrick identifies significant inadequacies with Missouri's Property Tax Credit program

The report gives the program a rating of "poor" and notes the claimant determination process lacks sufficient oversight and controls

11/13/2024 - JEFFERSON CITY, Mo.

A new report released today by Missouri State Auditor Scott Fitzpatrick finds significant inadequacies with Missouri's Property Tax Credit that have led to incomplete claims being approved, eligible claims being denied, and incorrect amounts being awarded. The report, which gives the program a rating of "poor," also found the Department of Revenue (DOR) has failed to retain supporting documentation in some cases, exposed the system to an increased risk of fraud, and failed to give the General Assembly complete and accurate information for use in budget decisions.

"This is a program that many of our senior and disabled Missourians rely on to help offset the cost of their property tax or rent, but it's also a program that needs to improve if it's going to effectively allocate these credits to the individuals who are eligible for them," said Auditor Fitzpatrick. "I'm glad to see the Department of Revenue is taking our recommendations seriously and working to make improvements in many of the areas we identified, but I also think this is a program that needs to be looked at closely by the General Assembly, and substantive changes should be considered."

The audit looked at 59 claims that were approved by the department's Revenue Premier software but did not receive a manual review by a human being. Only 24 of the 59 claims were appropriately determined to be eligible and supported by required documentation. More than half the claims (31) had insufficient documentation to determine eligibility, 3 claims were eligible but the amount of the claim was miscalculated, and 1 claim was ineligible for the credit and approved in error. The report notes that for the year ended June 30, 2022, 77 percent of the 142,203 claims were processed without a manual review by DOR personnel.

For the 23 percent of claims that received a manual review (32,252 claims), the report found that errors occurred even with a review by DOR personnel. A test of 15 approved claims with a manual review found 2 claimants were determined eligible despite missing critical documentation to prove eligibility. The test also found DOR personnel miscalculated the amount of the credit for one approved claimant. A test of 10 denied claims that were manually reviewed found that 2 of the claimants were in fact eligible for the Property Tax Credit.

The report also notes a fraudulent claim outside the test work was approved without manual approval by DOR personnel. The DOR issued a check for the claim, which was ultimately identified as fraudulent when the DOR's third party processer for electronic payments identified 15 fraudulent payments associated with the same Social Security number used on the Property Tax Credit claim.

Another finding in the report focuses on the department's failure to retain all documentation for claims as required by state law. In 4 of 100 claims (4 percent) reviewed, the DOR could not provide any supporting documentation other than the DOR forms, despite additional documents being submitted with the original return. For these 4 claims, 1 claim of $694 was approved without a manual review, 1 claim of $1,059 was approved after a manual review, and 2 claims were denied after a manual review. The department's online portal allows claimants to submit supporting documents in a variety of formats, but only documents saved as a PDF or TIF can be retrieved. The report points out that because of the limitation, the DOR cannot always determine claimant eligibility during a manual review.

The report also identified a control risk with the program that provides 460 DOR employees with the authority to update or otherwise change the payee address within the department's software system after a refund has been approved, but before it has been disbursed. No supervisory approval is required for such changes. During the year ended June 30, 2022, a total of 12,854 addresses were changed for PTC claims by a total of 147 DOR users. While no instances of inappropriate address changes were found, the report notes that failing to limit the number of employees with this access or establish adequate oversight of the mailing address changes increases the risk for a refund to be misappropriated if the payee address is changed to an inappropriate location.

Additionally, the audit notes the Property Tax Credit program redemption amounts reported to the General Assembly for the year ended June 30, 2022, via the tax credit analysis form were understated by approximately $1.3 million. In fact, the DOR has reported inaccurate Property Tax Credit program redemptions to the General Assembly for multiple years. These reports are required by state law, and the audit points out that accurate and complete tax credit redemptions are a critical part of the information needed by the General Assembly to make informed budgeting decisions.

The audit report also looked at the overall effectiveness of the Property Tax Credit program and found it has become less effective at fulfilling its assumed statutory purpose of providing property tax relief for low-income, elderly, and disabled persons. Fewer low income Missourians are now eligible for the program as the median household income has increased by 40 percent since 2010 but the eligibility threshold for the credit hasn't changed since 2008. The value of the credit awarded has also diminished as it has not changed since 2008 while assessed real estate property valuations have steadily increased by 34 percent in that same time period. While over $119 million in credits were redeemed in 2009, that amount has steadily decreased and redemptions for Fiscal Year 2024 were at approximately $65 million. In addition to this, the report points out the department is not adequately fulfilling its statutory responsibility to notify taxpayers who may be eligible for the credit. The department is not sending a deliberate and direct notification to any one individual about potential eligibility, and is instead broadly notifying the public of the credit through indirect methods such as social media. According to DOR personnel, an estimated total of 188,478 taxpayers may have been eligible for the credit in 2022, while 140,026 claims were approved for the credit during the same time period.

The complete audit of the Property Tax Credit can be found here.