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CTJ's Tax Justice Digest, November 16, 2007

Welcome to CTJ's Tax Justice Digest, our regular survey of new and interesting trends in state and federal tax policy. Click here to browse through archived editions of the Digest.

 

New CTJ Report: Congress and the Public Face a Stark Choice on AMT

A new paper from CTJ shows the percentage of taxpayers in each state who would be helped by H.R. 3996, the AMT relief bill passed by the House of Representatives on November 9. The paper also shows the distribution of the benefits of AMT relief by income group.

The figures show that AMT relief, by itself, would not be particularly progressive. Most of the benefits would go to the richest fifth of taxpayers, and if it's deficit-financed, the cost could be borne in the future by middle-income Americans in the form of cuts in public services or higher taxes. But AMT relief can be progressive if the costs are offset with revenue-raising provisions that target the very wealthiest Americans, those who have benefited the most from the Bush tax cuts.

This is exactly what H.R. 3996, the bill passed by the House of Representatives last week, does. It closes loopholes that benefit highly-compensated fund managers, for example, who are likely to be among the wealthiest people in America.



Adding $50 Billion to the Federal Deficit Is Not Enough for Republican Leaders; Now They Demand Extension of Bush Tax Cuts, Even Bigger Deficits

Republican leaders in the Senate refused on Thursday to go along with a procedural plan to call up the House bill to extend AMT relief for one year (H.R. 3996) for a vote. Under the plan, the Senate would have voted on this bill and if that vote failed, it would be followed by another vote on an alternative that would extend AMT relief for a year but without offsetting the costs the way the House bill does.

The plan basically acknowledged that the House-passed H.R. 3996 is controversial because, in order to offset the costs of AMT relief, it eliminates tax subsidies (like the carried interest loophole) for highly-compensated people, which Republican leaders claim are vital to the economy. Democratic leaders in the Senate support H.R. 3996 because it is fiscally responsible, but the plan would have allowed for the possibility that it would not get enough votes to pass. In that event, the plan would have allowed the Senate to waive pay-as-you-go (PAYGO) rules and proceed to the alternative AMT bill, which would increase the budget deficit.

Republicans would have been allowed one amendment, which probably would have been a measure to simply repeal the AMT entirely without replacing the revenue (which has a much bigger price tag than one-year AMT relief). This probably would not have succeeded, so Republicans wanted to offer additional amendments to extend parts of the Bush tax cuts for the wealthy without offsetting their costs. This is where the Democratic leadership drew the line.

Republican Leaders Bring Anti-Tax Extremism to a New Level

The dispute illustrates how divided the Senate is on tax issues. The Democrats restored PAYGO rules this year in order to halt the growth of budget deficits. It would be a major setback for fiscal responsibility if the Senate waived PAYGO in order to provide AMT relief, which mostly benefits the richest fifth of taxpayers. But Republican leaders now argue that this concession on the part of the majority is not enough. They demand that Congress increase the budget deficit even more by extending the Bush tax cuts.

Extending Bush Tax Cuts Would Be A Fiscal and Moral Disaster

CTJ estimates that the Bush tax cuts will cost a grand total of about $2.35 trillion over the 2001-2010 period. Even if they are allowed to expire at the end of 2010, the interest payments on the resulting debt will alone cost $1.5 trillion in the decade after that. If the Bush tax cuts are made permanent, the additional cost (and the increase in the deficit) will be a whopping $5 trillion over the 2011-2020 period. Some proponents of tax cuts claim, with absolutely no evidence supporting them, that tax cuts enhance the economy so much that they pay for themselves, but lately even President Bush's OMB director has admitted that this is not true.

It's worth remembering that the particular tax cuts Republican leaders are most enamored with almost exclusively benefit the wealthy. For example, a key cut lowered the rate for dividends (which were previously taxed at ordinary income rates) and capital gains (which were previously taxed at an already low 20 percent) to 15 percent. Capital gains and dividends should both be taxed at ordinary income rates. CTJ's estimates have found that the lower rate for both cost around $92 billion in 2005 alone and about three fourths of the benefits went to the richest 0.6 percent.

State Tax Justice News

Good News For Disclosure Advocates

It was more of a marathon than a sprint. Earlier this month advocates in New Jersey led by the New Jersey Policy Perspective came victoriously to the disclosure finish line. Governor Corzine signed "The Development Subsidy Job Goals Accountability Act." According to watchdog group Good Jobs First, "The new law significantly expands disclosure on many state and local subsidies and requires company-specific disclosure of outcomes for up to 5 years." This is a major victory for New Jersey taxpayers who want their tax dollars to be spent in the most transparent way possible. The first round of information resulting from the legislation will be available next year.


 
How Transparent is Your State?
Many other states could be prompted to follow New Jersey's lead after the release of a study yesterday called "The State of State Disclosure" by Good Jobs First. This is a state-by-state study which evaluates "online public information about economic development subsidies, procurement contracts and lobbying activities."  The study found that twenty-seven states and Washington DC don't yet offer any type of "systematic online subsidy disclosure."  All states were given grades in various transparency categories. To view those grades click here and to view your state's fact sheet click here.


 
Here's to a Win for State Fiscal Flexibility!
We recently told you about New Jersey's newest plan for property tax reform in the Tax Justice Digest. On November 6 New Jersey voters were asked to decide whether or not to devote revenues from a 2006 half-cent sales tax increase to property tax relief. Most expected that the ballot question would pass overwhelmingly, especially given the way the question was put before voters. It stated that the sales tax revenue would be devoted "exclusively for the purpose of property tax reform, through a special Property Tax Reform Account established in the constitutionally dedicated Property Tax Relief Fund." But common sense prevailed and the question was defeated. Jon Shure, President of New Jersey Policy Perspective, advocated against the question and in a recent editorial writes about this victory for state budget flexibility and common sense fiscal policy.


 
Political Hot Potato Is Handled Well in Ohio Editorial
Tempers flare anytime the issue of a retirement exclusion for military pensions is discussed and any such discussion usually takes place in private. Proponents of tax justice tend to shy away from this issue. Logically, there is no clear reason why the tax code should be used to subsidize pensions for a particular group of people. If soldiers, why not firefighters and police officers? What about teachers? Nuns? But it's particularly difficult for anyone to take a stance that can be misinterpreted by opponents as "anti-military."

So it's hard to advocate for full taxation of military pensions or even for a means tested exclusion. But Ellen Belcher of the Dayton Daily News took this issue on. Ohio lawmakers are considering the full elimination of military pensions from the tax base. Belcher questions the fairness and equity of this policy in her editorial, "Tax Break for Military Retirees Favors the Brass."  She rightly suggests that "proponents can say this is the patriotic thing to do; they can say it's an economic development tool. But they're pandering and playing favorites, and the only thing they have to fear is that their generosity might not result in as many campaign contributions as they're banking on."


But Wait!  There's More!

Last week, we told you about recent events in Washington State, where voters approved Initiative 960, a move that will make it more difficult for lawmakers to increase state taxes, and where the state Supreme Court struck down a law approved by voters in 2001 to limit increases in property tax collections to 1 percent a year, unless voters approved a higher increase.

These are by no means the final words on these subjects, however.  Already, Governor Chris Gregoire has pledged to seek legislation reinstating the 1 percent cap on property tax increases, despite its shortcomings.  The Washington State Budget and Policy Center has a far better idea for ensuring that property taxes don't unduly affect working families: a provision preventing property taxes from exceeding a certain percentage of a taxpayer's income (also called a "circuit breaker"). 

On a more positive note, it now appears that another ballot initiative from November 6 - one to make it easier to increase school property taxes - will pass. The initial tally of votes on Election Night showed the measure going down, but absentee ballots and a fuller vote count may now result in the initiative's approval.


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