Testimony of Michael Ettlinger,
Tax Policy Director, Citizens for Tax Justice
Regarding Senate Bill 640, Introduced by Senators Pinsky and Sfikas

March 15, 1996


Thank you for this opportunity to discuss the changes in Maryland's personal income tax proposed in Senate Bill 640. I am Michael Ettlinger, Tax Policy Director for Citizens for Tax Justice. Citizens for Tax Justice is a leading tax research and advocacy organization working for a fair shake for middle- and low-income families through a progressive tax system.

Senate Bill 640 is a good deal for most Maryland families. A microsimulation analysis we have conducted using the Institute on Taxation and Economic Policy Tax Model, found that 99% of Maryland families would receive a tax cut or have no tax change, without any decline in funding for important government services. 66% of Maryland families would receive a tax cut.

While this legislation is not unique this year in providing a tax cut for many Marylanders, it has a key virtue lacking in many of the other tax-cut bills currently being considered--it does not cause a net revenue loss for the state. This is accomplished by a small tax increase on the best-off families in the state.

In these times of the rich getting richer while middle- and low-income families are having trouble making ends meet, Senate Bill 640 is the type of tax reform we should be considering. It helps those who need it while increasing the burden on the most fortunate by less than one-percent of their total income.

The following table shows the impact of Senate Bill 640 by income group. The vast majority of those that currently owe Maryland personal income tax would receive tax cuts. In the middle 20% income group, those with incomes between about $21,000 and $35,000 in total income, 86% of the families would get a tax cut. In the fourth 20% income group, those with incomes between about $35,000 and $60,000, 97% of the families receive a tax cut. In fact, in each of the income groups spanning the income range of $21,000 to $237,000, over 85% of families receive a tax cut under Senate Bill 640.

Only the richest one-percent of Marylanders, those with incomes exceeding $236,805 in income would, on average, see a tax increase. These taxpayers, with an average income of over $560,000 would see an average tax increase of $4,356. This, however, overstates the true impact. Because state personal income taxes are deductible from the federal personal income tax, most taxpayers in this group would see reductions in their federal personal income tax of close to 40% of the amount of additional state income tax paid. Thus, the average net impact is less than $3,000--well less than one-percent of these families' incomes.

Distributional Table

Impact on Economy

There are those who will claim that increasing the burden on the wealthy is bad for Maryland's economy. The argument usually made is that executives who are deciding where firms should be located look carefully at a state's top marginal personal income tax rate. There is, however, no good evidence to support the conclusion that higher top tax rates have a negative effect on economic development.

Historically, the economies of many states with high top rates have done well and many states with low rates have done poorly. The evidence is that there are far more powerful forces than top marginal rates that drive the economic success or failure of a state.

For example, during recent downturns in New England's volutile economy it has been Rhode Island and New Hampshire that have done the worst. Rhode Island has the highest top rate in the region, and New Hampshire is the one New England state without any broad-based income tax--yet they have both done poorly. Vermont, with the next highest top rate has done well relative to the other states. This complete lack of a relation between economic success and personal income tax rates is the rule, not the exception, nationwide.

Even the basic notion that the well-off are more likely to locate in states with lower top rates is belied by the evidence. Places that have taxed the well-off more heavily, such as California and New York City, have far larger concentrations of the wealthy than do the vast majority of states that have lower rates on the highest income groups.

It really shouldn't be surprising that top tax rates matter so little to economic development. Senate Bill 640 would raise total taxes on an executive with a $500,000 salary by less than $3,000. It's hard to believe that a company that can pay an executive $500,000 is going to make a locational decision based on that small of a difference in personal taxes on a few of its top executives. That amount is trivial compared with much more important criteria like the quality of the workforce, transportation, access to suppliers and markets and a broad range of costs that vary by state.

More generally, the limited range in state personal income tax top marginal rates is unlikely to make much difference in locational decision making. The nationwide range in state top marginal rates is only from 0% to 6.6% (after accounting for the federal deduction for state and local income taxes). It's important to note that top executives are paying a 39.6% federal top rate and the businesses they lead pay a federal corporate income tax rate of 35% as well as other business taxes. In that context, a few points difference in a state personal income tax rate is simply not a significant change in the overall tax picture. And, again, the amounts involved are extremely small compared to other economic ramifications of a business location decision.

Finally, it's important to note that a decision on where to locate is one that any company is going to have to live with for years. To make that decision on the basis of a personal income tax top marginal rate would be foolhardy given state governments' penchant for changing them.


Government Spending

Unlike other tax cut plans being proposed in Maryland, Senate Bill 640 does not reduce revenues for the state. It would be no bargain for Marylanders to have their taxes cut but have government services cut too. Poorly maintained roads and parks, inferior schools, cuts in police protection and greater barriers to social development are among the possible impacts if a tax cut loses revenue for the state. These not only affect the quality of life in the state, but also hurt economic development in very real ways. No executive or corporation wants to be in a state with second-rate government services. High crime, poor infrastructure and an unskilled workforce would be far greater barriers to attracting good jobs to our state than is a percentage point or two on the personal income tax. Furthermore, most economic development comes from within--from businesses created by the people already living in a state. The people of Maryland are our greatest resource and ensuring that every citizen has the opportunity to develope their talent to the fullest is the greatest potential source of economic development we have.


Is the current tax system fair?

Senate Bill 640 is hardly a radical proposition. Although it would require higher income families to pay more relative to middle-income families, the Maryland tax system would still be regressive. Preliminary results from a study Citizens for Tax Justice will be releasing next month show that middle-income families currently pay 10.8 percent of their income while the best-off families pay only 9.7 percent. Although Senate Bill 640 would alter the pattern somewhat, middle-income families would still pay more than the wealthy.


Technical Issues

There are two technical issues relating to Senate Bill 640 that should be resolved. First, because of the linkage of local income taxes to the state system, making the income tax more progressive will result in greater revenue for wealthier counties and less revenue for lower-income counties. One solution to this problem would be to allow the lower-income counties to raise the percentage of state tax that they can assess. If the same amount of revenue were raised, middle- and low-income families in these counties would do no worse than break-even since the higher local percentage would be taken off of a smaller state tax amount.

The second technical issue is the creation of a separate table for married filing joint returns in Senate Bill 640. The two-earner credit was adopted, effective this year, to mitigate the tax disadvantage for married couples filing jointly instead of filing separately. An appropriately designed tax rate schedule might make the two-earner credit unnecessary, thus simplifying tax filing.


Conclusion

Senate bill 640 is an excellent opportunity to provide tax releaf for hard-pressed middle- and low-income families. It would provide these families a tax break with only a modest increase on the better-off. Significantly, this would be accomplished without reducing government services that are important to the people and businesses of Maryland.


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