February 2007 Archives



The Garden State Is Not Quite Rosy


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New Jersey's property taxes are among the highest in the nation. Much has been made in the national press about New Jersey Governor Jon Corzine's efforts to reduce the state's property tax. The property tax saga has been full of ups and downs including heated political debates, a sales tax increase, and even a temporary government shut down. Now lawmakers expect the Governor to sign a bill that includes $2 billion in property tax credits that will cut property taxes for most homeowners. Those earning less than $100,000 a year would see a 20 percent cut in their property tax bills. Those earning between $100,000 and $150,000 would see a 15 percent cut, and those with incomes between $150,000 and $200,000 would see a 10 percent cut. But 90 percent of New Jerseyans remain skeptical of the proposal. Jon Shure of New Jersey Policy Perspectives is skeptical too, arguing that the proposal (which pays for these across-the-board property tax cuts by diverting sales tax revenue and repealing an existing "circuit-breaker"-style property tax credit) falls far short of the long-term structural reform that New Jersey needs



An Original Idea in Milwaukee


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Wisconsin's tax laws allow cities that rely heavily on tourism to levy a special "premium resort area" sales tax. Governor Jim Doyle's new budget would rewrite the tax laws to declare parts of Milwaukee a "premium resort area." This would give Milwaukee officials the authority to levy a half cent sales tax within the "resort" area of the city. If adopted by local officials, Doyle's idea would help to diversify the city's revenue structure ... but an equally welcome option would be reforming the taxes collected by the state government. As the Institute for Wisconsin's Future's Jack Norman documented last fall, two thirds of the corporations doing business in Wisconsin pay no corporate income tax right now.

The stoplight has turned yellow for Virginia legislators in their attempt to pass transportation funding - now will they speed up or slam on the brakes? With the state legislature set to adjourn on Saturday, the House and Senate have appointed conferees to negotiate a compromise to raise much needed revenue for transportation projects.

While both proposals would authorize the raising of $2 billion in bonds, the House's proposal would garner additional transportation funding through an annual diversion of $250 million from the state's general fund as well as through increases in user fees and diesel fuel taxes. Meanwhile, the Senate's proposal would avoid a general fund diversion and instead raise the additional funding by implementing new auto registration fees of $150 per driver.



Tax Evasion in Congress's Crosshairs


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Coinciding with a new call from Citizens for Tax Justice for a crack-down on tax evasion, new legislation has been introduced in the Senate to target tax havens and to prohibit the patenting of tax strategies. The bill is sponsored by Senators Carl Levin (D-MI), Norm Coleman (R-MN) and Barak Obama (D-IL). It includes a number of important reforms, including a presumption that offshore trusts and shell corporations in designated tax havens are controlled by the taxpayers funding them or directing them. It would also allow the federal government to order American banks to stop accepting or authorizing credit cards from foreign countries or banks not cooperating with U.S. tax enforcement laws.

The bill would also ban patents on tax strategies, of which there are currently 49. Senator Levin noted in his statement that patent law is designed to create an incentive for innovation, but there is hardly a lack of such incentive when it comes to tax avoidance.

CTJ Online Letter Campaign

Citizens for Tax Justice has begun a letter campaign targeting Congress in support of legislation to end the IRS's use of private collection agencies to locate delinquent taxpayers, which began last fall. Click here to send your members of Congress a letter in support of these bills, which have been introduced by Representative Van Hollen (D-MD) in the House and Senator Byron Dorgan (D-ND) in the Senate.

One problem with the program is that the private collectors receive a commission of 21 to 24 cents for each dollar they collect, while IRS employees could do the same work for just 3 cents for every dollar collected. It is also feared that the private debt collectors, driven by large profits, will have a greater incentive than IRS employees to violate the privacy rights of taxpayers in order to increase collections.

By now many people know that the Alternative Minimum Tax (AMT) is likely to be modified because it was meant to be a back-stop tax for the super-rich but will start affecting the more moderate-income families if the existing AMT exemptions are not extended. By now, most people in government know that "fixing" the AMT is not cheap. Continuing Congress's recent practice of applying a one-year "patch" each year will cost $250 billion over the next four years.

What nobody knows, however, is whether the President thinks AMT reform should paid for or not. Since some members of Congress have proposed repealing the AMT altogether (which could cost $1.5 trillion over a decade), the possible implications for the federal budget deficit are alarming. Tony Snow's recent response to questions about paying for AMT reform were not exactly crystal clear. In a long explanation of the White House position that clarified little, he said that "the President is not for tax increases," but later said "We don't think it needs to involve tax increases, but we're certainly open to hearing what other people have to say." The CTJ Talking Taxes Blog has more.



EITC Expansion: A Good Idea in Every State


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In a welcome trend, lawmakers and advocates in Connecticut, New Jersey, North Carolina, Nebraska, New Mexico, Montana, Hawaii, Utah, Ohio, and Iowa are considering enacting Earned Income Tax Credits ... or expanding existing EITCs. The federal EITC has been hailed by policymakers of all stripes as an especially effective tool for lifting working families out of poverty. At the state level, the EITC offers the additional benefit of helping to offset the regressive sales and property taxes that hit low-income families hardest. To find out more about whether EITC legislation is active in your state, check out the Hatcher Group's State EITC Online Resource Center.



Reducing Grocery Taxes: "Yes, but how?"


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Four states - Mississipi, Tennessee, Arkansas, and Idaho - are currently debating ways to reduce the sales taxes paid on food. But how (or whether) to pay for the cuts and who should benefit remain key sticking points.

On Thursday, the Mississippi House of Representatives passed (91-27) a "tax swap" bill that would cut the state's sales tax on groceries in half and raise the tax on cigarettes to $1 per pack. The bill still faces significant challenges before becoming law, however, since key members of the Senate oppose it and Governor Haley Barbour vetoed a similar bill last year. Although the plan's reliance on revenue from cigarette taxes is not a long-term solution, it does offer a temporary mechanism to make up the revenue that would be lost from a cut on the sales tax on food.

In Tennessee, a similar "tax swap" is under consideration. However Gov. Phil Bresden has expressed reluctance to link a cigarrette tax increase with a grocery tax reduction, and has instead proposed using revenue from a cigarette tax increase for education funding.

Arkansas Gov. Mike Beebe signed a grocery tax reduction into law on Thursday that will reduce the state's sales tax on groceries from 6% to 3% effective July 1st. However, no funding mechanism was enacted to make up for the decreased revenue, as lawmakers instead decided to rely on a projected surplus to pay for the proposal.

In Idaho, Gov. Butch Otter continues to struggle with the state legislature over how best to enact a grocery tax credit. Otter's proposal would target low-income Idahoans with a credit of up to $90, while the House's newly passed version would give a smaller grocery tax credit (up to $50) to a broader range of residents.

Last year, Wisconsin Governor Doyle signed into law a bill completely eliminating all taxes on Social Security benefits by 2008. This week, Governor Doyle prepared a new budget, which includes a measure fast-forwarding the exemption by one year. The proposal comes at a time when the state is straining to fill a $1.6 billion shortfall. The proposed budget attempts to find new revenue by increasing vehicle registration fees, cigarette taxes, and the real estate transfer tax. The Legislative Fiscal Bureau estimated that the Social Security exemption alone would cost around $100 million per year. In his State of the State speech earlier this year, Governor Doyle said that Wisconsin had to learn to live within its means... advice that he should heed himself.

Last week there were three states offering competing tax incentives for a new ThyssenKrupp steel mill. Now there are two; ThyssenKrupp has taken Arkansas out of the running, leaving Alabama and Louisiana as its final two candidates. In a press release announcing the move, the company explained its rationale for dumping Arkansas: "geological conditions, energy costs and logistical disadvantages." Notably absent from its explanation: tax breaks.

And elected officials in the two remaining states seem to agree that non-tax factors set one state apart. Louisiana Governor Kathleen Blanco boasts and, Alabama Governor Bob Riley openly admits, that Louisiana has geographic advantages that Alabama can't match.

But Riley and some state lawmakers are pushing for a special legislative session later this month that would be devoted entirely to creating a new fund for tax incentives for ThyssenKrupp and other companies the state is currently courting. If this sounds like a devious subversion of market forces, it is ... but Louisiana already did the same thing back in December, creating a $300 million fund to court the steelmaker.

How can states short-circuit this self-destructive competition of tax giveaways? Lessons might be learned from efforts by European Union members to prevent tax competition that distorts market forces, which culminated this week in an EU statement that Switzerland must curb its corporate tax giveaways.

State corporate income tax reform is gathering momentum in 2007, as more and more states are considering adopting an important corporate tax reform: combined reporting. Governors in New York, Iowa and Pennsylvania have already proposed this important loophole-closing reform, and newly elected Massachusetts Governor Deval Patrick is sending signals that he may follow in their footsteps. Meanwhile, a new paper by the Center on Budget and Policy Priorities' Michael Mazerov gives the lowdown on an equally important corporate tax reform that could productively be adopted by every state with a corporate tax: company-specific disclosure of taxes paid (or not paid). Mazerov's paper includes model legislation for use in any state seeking to shed more light on corporate tax avoidance.

House of Representatives Willing to Accept Some Tax Breaks as Part of Minimum Wage Deal

The House Ways and Means Committee on Monday approved a package of small business tax breaks to be combined with legislation to increase the minimum wage. At a cost of $1.3 billion over ten years, the Ways and Means package is much smaller than the $8.3 billion deal approved by the Senate by a vote of 94-3 on February 1. Senate leaders said that the House, which had previously approved a "clean" or stand-alone minimum wage increase, was now showing that it was ready to negotiate and compromise, although significant differences between the two chambers remain. A clean minimum wage hike in the Senate had earlier fallen six votes short of the 60 votes needed to pass in that chamber, as several Republican Senators insisted that the legislation include tax breaks to "compensate" businesses for the added costs. (The last minimum wage increase, back in 1996, is estimated to have cost employers $13 billion while the total tax breaks for businesses since that time cost $276 billion.)

The largest tax break in the House bill would be a one-year extension of the Work Opportunity Tax Credit (the Senate version would extend it for 5 years). The second largest tax break would be a change in the Alternative Minimum Tax (AMT) paid by restaurants, allowing them to use a tax credit for FICA taxes paid on tipped workers and the Work Opportunity Tax Credit to reduce their AMT. A smaller break, but one apparently important to business lobbyists, is a one-year extension of a special expensing provision (section 179) through 2010 and an increase in the amount that can be expensed.

Costs of Tax Breaks, Revenue Increases from Offset Provisions, 2007-2017

Another provision of the package is currently scored as having no cost, but it is noted that it will cost a projected $457 million (over ten years) when the tax package is combined with a minimum wage hike. This provision concerns the tax credit restaurants get for paying FICA taxes on tips above and beyond the amount that brings employee pay up to the minimum wage. This provision enables restaurants to enjoy as much of the credit as they do today, even though the minimum wage will be higher so the credit would otherwise decrease.

As for the offsets, the largest in the package would stop children of wealthy families from enjoying special capital gains and dividend tax breaks meant for low-income people. The other significant change would allow the IRS to charge interest on delinquent payments for a longer period of time before it must give notification and suspend interest.

The legislation does not include some tax breaks sought by business lobbyists and included in the Senate version, such as increased write-offs for restaurants and retail stores. It also does not include the offsets included in the Senate version. Some of the Senate offsets have been controversial (among business lobbyists) such as the $1 million limit on deferred compensation that can receive tax breaks and retroactive restrictions on sale-in, lease-out arrangements (SILOs).

Georgia Budget and Policy Institute Report

The report analyzes the legislative proposal to eliminate taxes wealthy seniors pay on retirement income, based solely on age. Since Georgia already exempts that vast majority of retirement income from taxes, this bill would help only 10 percent of seniors while doing nothing for other low-income Georgians.

Arkansas Governor Mike Beebe and the state senate worked together this week to pass a series of measures aimed at helping low-income Arkansans.The keystone of the tax package was a cut in the state sales tax on groceries from six percent to three percent, one of Governor Beebe's leading campaign proposals.A study by the Arkansas Advocates for Children and Families (AACF) projected annual savings for a family of four ranging from $98 to $298, depending on income level.The Governor's Office estimated that the sales tax change would cut state revenues by $252 million this year.Everyone involved in the effort to pass this bill deserves high praise for bringing attention to this important issue.However, research by the AACF using ITEP data indicates that a refundable Earned Income Tax Credit might be an even more effective way to help low-income Arkansans.According to the data, a 24% refundable EITC would cost almost exactly the same as the grocery sales tax exemption, but would provide more assistance to families in need.Arkansas lawmakers should consider a refundable EITC to get the most bang for their tax bucks.



Short Term Gain, Long Term Pain


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At first glance, it looks like the holy grail of state governance: a way to raise more revenue without raising taxes.The idea of selling off or leasing state assets, such as the state lottery, is now under discussion in Illinois, Indiana, Minnesota, New Jersey, and Texas. It is easy to see the idea's appeal: Texas Governor Perry predicts that the sale of his state's lottery would generate at least $15 billion, for example, while Indiana Governor Daniels expects that state's lottery to carry a price tag of over $1 billion, all without a single tax increase. However, there is a catch. While the boost to revenue is substantial, it is a one-time gain, and it comes at the cost of the yearly revenue contributions these assets would provide far into the future. While the seemingly painless financial gain offered by this privatization schemes is tempting, in the long run these sales would only diminish state coffers.

The President's proposed budget released Monday includes some very minor measures that would close the "tax gap," the difference between the amount of taxes owed and the amount paid each year, by $3 billion a year. But this is, at most, 1 percent of the total tax gap. The IRS has estimated that the tax gap was around $300 billion in 2001 and most experts think even that number is an understatement. Senate Finance Chairman Max Baucus (D-MT) and other Democrats criticized the steps as not nearly enough to address the scope of the problem. This is reinforced by the fact that IRS Commissioner Mark Everson told the Senate Budget Committee last year that he could, in a given year, locate some of these taxes and increase collections by "between $50 billion and $100 billion without changing the dynamic between the IRS and the people." Democrats and Republicans have become concerned about the tax gap, because it results in compliant taxpayers effectively subsidizing the tax evasion of the less honest.

On Monday the White House released the President's proposed $2.9 trillion federal budget for fiscal year 2008 along with proposals the administration says will balance the budget by 2012. As a new analysis from Citizens for Tax Justice explains, the President's plan relies on various tricks in order to come to the conclusion that Congress can make permanent the Bush tax breaks while also balancing the budget. First, the President includes in his revenue estimates the Social Security surplus, which is projected to be $248 billion in 2012. But that surplus, which is officially saved in the Social Security Trust Fund, is supposed to be used to pay down the national debt so that the federal government is better able to keep paying benefits when the huge baby-boom generation retires. That's the reason Social Security is currently taking in more money than it pays out in benefits. Keeping Social Security separate would show, according to the President's numbers, a deficit of $187 billion in 2012.

But it gets worse. The second trick the President uses is an assumption that Congress will pass massive cuts in vital services - even bigger cuts than were ever enacted when the Republicans ran Congress. The plan actually assumes that spending on defense and homeland security in 2012 will be down 22 percent, as a share of GDP, from its 2006 level, and all other appropriations will be down 29 percent, as a share of GDP, from its 2006 level. Even though Congress is unlikely to make such cuts, they should be taken very seriously in the sense that they begin to show the true costs of the tax breaks. If the Bush tax breaks are made permanent, cuts in government services of this magnitude are only the begining of what will inevitably follow. The Coalition on Human Needs provides a description of these proposed cuts in services

There are several other faulty assumptions used in the administration's projections. One is that revenues will grow more than they have over the past six years. The more realistic revenue projections from the Congressional Budget Office for 2012 are $155 billion lower than the administration's revenue projections.



Tax Credit for Stay at Home Moms?


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Oklahoma lawmakers in the House of Representatives are proposing a tax credit to benefit stay-at-home moms. The theory behind the proposal is that because the state offers a dependent care credit for costs incurred for child care expenses outside the home, stay-at-home moms should be given a similar credit for their work. This proposal brings up issues of discrimination (what about stay at home dads, grandparents?) and perhaps an even larger debate about whether or not the tax code should be used as a mechanism to promote family values. For a provocative article on this issue click here.

Over the past few years, a number of states have taken incremental steps to reform their corporate income taxes to curtail tax avoidance by large and profitable companies. One such reform, combined reporting, prevents corporations from using a range of accounting schemes to shift profits from one state to another in order to artificially reduce the taxes they owe. The seventeen states that now use combined reporting may eventually get some company, as two Governors - Eliot Spitzer (D-NY) and Chet Culver (D-IA) - have included provisions in their budget proposals for the coming fiscal year to institute combined reporting. To learn more about combined reporting and how it works, see the Institute on Taxation and Economic Policy's updated policy brief.

Several tax avoidance techniques are available to corporations operating in states that don't have combined reporting. For example, a recent Wall Street Journal article (subscription required) notes that Wal-Mart may have been able to avoid as much as $350 million in state corporate income taxes between 1998 and 2001 due to a loophole that could be countered with combined reporting.

A bill introduced in the U.S. Senate would make the frequently abused "deferral" of taxes on American-owned corporations unavailable when those corporations are operating in a tax haven, that is, a country that does not cooperate with U.S. tax enforcement efforts. The legislation is sponsored by Senators Byron Dorgan (D-ND), Carl Levin (D-MI) and Russ Feingold (D-WI) and targets a tax provision that should be eliminated according to CTJ Executive Director Bob McIntyre. His testimony to the Senate Budget Committee last week regarding the "Tax Gap" included a proposal to repeal the "deferral" of these taxes, which is more like an exemption for the income that is claimed to be foreign. McIntyre argues that anyone with income that really is taxed overseas gets a credit for foreign taxes paid anyway, so the real effect of such a proposal would be simply to reduce tax evasion.

Two Democrats in the U.S. House of Representatives, Steve Rothman (D-NY) and Chris Van Hollen (D-MD) have introduced a bill that would end the IRS's program using private companies to assist in collecting delinquent taxes. This comes after Nina Olsen, the National Taxpayer Advocate, who heads an independent office within the IRS, called upon Congress to end the private collection program in her annual report. The problem is that the private collectors receive a commission of 21 to 24 cents for each dollar they collect, while it's argued that IRS employees could do the same work for just 3 cents for every dollar collected. IRS Commissioner Mark Everson admitted last year that the IRS staff could collect these debts for less cost but said that the agency lacked the funding to do so.

Congress needs a mechanism in its budget process to recognize the increase in revenues that will result from any boost given to IRS enforcement, which only shows up in the budget as a spending increase. This is a problem that comes up in the debate over closing the Tax Gap. One of the suggestions Bob McIntyre offered for closing the Tax Gap in his testimony before the Senate Budget Committee last week was to simply to increase funding for IRS enforcement. The IRS estimates that somewhere between $5 and $30 could be collected for every new dollar of funding for enforcement.



Multi-State Focus: Senior Tax Cuts


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Legislators in Missouri, Kansas, and Georgia are debating reducing taxes on seniors in their state. Lawmakers in Missouri and Kansas introduced legislation that would eliminate income taxes on Social Security benefits. On the surface, eliminating taxes on Social Security sounds like a wonderful idea. However, only a handful of states levy a tax on Social Security benefits and the Social Security Administration estimates that nationally about a third of current beneficiaries pay federal taxes on their benefits. Those who stand to gain the most from these proposals are better off seniors.

An ITEP analysis of the Missouri bill found that 72 percent of Missourians would receive no benefit from the proposal. Also, the bill carries a price tag of $100 million and the cost is likely to increase as Missourians age. For more on the Missouri proposal read the testimony presented by ITEP staff to the Missouri House of Representatives' Tax Reform Committee.

The Peach State already exempts Social Security benefits from their income tax and offers generous retirement income exclusions (totaling $35,000 of retirement income in 2009). But recently Governor Purdue introduced legislation that would completely eliminate tax on retirement income for Georgians 65 and over. Instead of turning to these poorly targeted tax cuts, legislators would do better to provide tax relief to those state residents with the least ability to pay - regardless of age considerations.

The Senate voted 94-3 yesterday to raise the minimum wage by $2.10 over two years. Unlike the minimum wage hike passed by the House of Representatives a couple of weeks ago, the Senate bill also includes a package of tax breaks and other offestting provisions to replace the revenue.

Polls indicate that at least 80 percent of Americans 'including majorities of Democrats, Republicans and Independents" want to see the minimum wage increased. One poll even shows that three out of four small business owners think a minimum wage increase will have no effect on them. Yet President Bush and his Republican allies in Congress have come to the strange conclusion that in order to pass both chambers of Congress, any bill increasing the minimum wage must include new tax breaks for business in order to compensate companies for the alleged damage it will cause them. As Jared Bernstein and Lawrence Mishel explain in the American Prospect, the idea that business needs to be compensated because Congress is raising the minimum wage from its lowest inflation-adjusted level in 50 years is nonsensical.

Republican Senators Hold Minimum Wage Increase Hostage to Tax Breaks for Business

During the previous week, Senate Democrats could not convince enough Republicans to join them to end debate on a "clean" minimum wage increase, meaning a minimum wage hike with no tax breaks or other provisions attached to it. Only five Republicans joined all of the Democrats present for a total of 54 votes - fewer than the 60 votes needed in the Senate to close off debate and move on to approve the legislation. House Democrats had hoped the Senate would approve the bill, H.R. 2, which was a key part of the "First Hundred Hours Agenda."

On the other hand, some Republicans and business lobbyists complain that the tax cut package doesn't do enough for business since a large part of the tax breaks go to hiring welfare recipients, newly disabled veterans and individuals from other at-risk groups, rather than other tax breaks that businesses find more beneficial to their bottom line. They have also complained because the offsets are "tax increases" on business, in their thinking.

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