Tax Justice Digest stories about Maryland

Maryland Governor Martin O’Malley signed a temporary income tax increase on millionaires this week to make up a portion of the revenue lost by the repeal of a recently passed 6 percent sales tax on computer services that had not yet taken effect.  Originally intended to be part of a service tax increase on about six different services, the computer services tax ended up being singled out after its lobbying presence was demonstrated to be much weaker than that of the other services legislators were thinking about taxing.  That quickly changed as the sector set up a formidable lobbying presence in only a matter of months.

Though the tax on millionaires is a more progressive option than the computer services tax, this story ultimately has to worry those who appreciate the merits of expanding the sales tax to include services.  What lessons can be learned from this failed attempt to carry out a much needed expansion of Maryland’s sales tax base?

The failure of this service tax may have been a result of its narrow scope.  By going after only one type of service, rather than trying to comprehensively expand the base as Hawaii, New Mexico, and South Dakota have done, Maryland set its sights too low.  The debate was focused on an issue much less important than the broader issue of taxing the state’s enormous and growing service sector.  The position of tax fairness advocates was weakened as a result of this narrowing of the debate.  By focusing on only one type of service, advocates of the tax were also left vulnerable to criticisms that they were unfairly singling out certain businesses to pay more.  And even if Maryland had succeeded in expanding the sales tax base to include computer services, it would ultimately be only a small step towards the bigger goal of modernizing the sales tax base.

Fortunately for Marylanders, though, the progressive income tax change the legislature enacted was much better than most alternatives.  But it certainly would have been nice to get the ball rolling on service taxation in Maryland.

New York is no different than most states in at least one respect – it too must confront a major budget deficit, estimated at $4.7 billion for the fiscal year starting April 1.  It may, however, follow a much more responsible path than Georgia and other states attempting to cut taxes in the midst of dire financial straits.  The state Assembly has approved a plan that would levy a temporary income tax surcharge on people with incomes over $1 million and that would yield roughly $1.5 billion per year.  The plan is opposed by the Senate, but new Governor David Paterson has yet to rule it out.

Maryland faces a situation similar to New York and is also considering an increase in personal income taxes for some of its wealthiest residents. But rather than devote that additional revenue to current appropriations, lawmakers want to use it to repeal a change in tax policy that isn’t scheduled to take effect until this summer.  Recent tax projections in the Free State are now $333 million lower than previously expected and, just this past week, the Maryland House adopted a FY 2009 budget that reduces spending $250 million below Governor Martin O’Malley’s initial request. 

Yet, one topic that continues to dominate conversations in Annapolis is the extension of the state’s sales tax to computer services.  Enacted as part of a larger tax package during last fall’s special session, the tax change isn’t slated to take effect until July 1, but is the target of a major lobbying campaign by the computer industry.  The Governor recently threw his weight behind a Senate plan to repeal the computer tax and replace the lost revenue with an increase in the personal income tax:  specifically, the creation of two new tax brackets with rates of 6.0 percent and 6.5 percent for taxable income above $750,000 and $1 million respectively.  Such a move would improve the progressivity of Maryland’s tax system, but could be a step back for sustainability. Maryland – like most states – needs to expand its sales tax base to include more services or be left with a tax system that is poorly matched to today’s economy.

Read ITEP press release.

Victory for Tax Adequacy, Missed Opportunities on Tax Equity and Essential Reforms

The tax plan approved by the Maryland General Assembly on Monday will help provide the revenue necessary to fund vital public services in Maryland, but, according to the latest analysis from the Institute on Taxation and Economic Policy (ITEP), working families will bear the brunt of the tax changes contained in the plan. All told, taxes for the poorest Marylanders will rise, on average, by more than 0.7 percent of their incomes under the Assembly’s plan, while taxes for the wealthiest one percent of Marylanders will climb by just over 0.5 percent of their incomes.

Read the ITEP press release.

Governor’s Plan Much More Fair than Bill Backed by Key Senate Committee

A new analysis of the tax legislation approved by the Senate Budget and Taxation Committee
on Tuesday shows that the Senate’s tax changes would impose the largest tax hikes, as a share
of income, on low- and middle-income Marylanders. The analysis also shows that the Senate
plan’s regressive impact is in sharp contrast to the plan proposed by Governor Martin O’Malley
late last month, which would make Maryland’s tax system less unfair overall.

The Maryland General Assembly last week began a special session to consider Governor Martin O'Malley's $1.7 billion deficit reduction package, holding hearings on each of the key elements in the package.  ITEP staff testified on a number of the tax policy changes the Governor has recommended, including a more progressive personal income tax rate structure, an expansion of the sales tax base and an increase in the sales tax rate, and efforts to close corporate tax loopholes through the adoption of combined reporting.  The Center on Budget and Policy Priorities has also released several helpful reports on the Governor's tax proposals, detailing ways to generate additional tax revenue in Maryland and to protect low-income taxpayers from regressive tax increases.  Progressive Maryland and the Alliance for Tax Fairness will hold a statewide Town Hall Meeting on Tuesday, November 6 in Annapolis to give concerned citizens an opportunity to express their support for a more equitable tax system.  As the Washington Post opines, the fate of Governor O'Malley's proposal is uncertain, but the need for action - and for important reforms like a more progressive income tax and a more robust corporate income tax - are clear.

Tax Reform Agenda In Maryland - ITEP Testimony on:

Closing Corporate Loopholes with Combined Reporting - October 31, 2007

Making the Personal Income Tax More Progressive - November 1, 2007

Expanding the Sales Tax - November 1, 2007

Maryland Governor Martin O'Malley continues to release details of his ambitious revenue-raising plan, which would use income tax, sales tax, cigarette tax and gambling revenues to close a $1.7 billion structural budget deficit. The latest wrinkle: a progressive low-income sales tax credit, which would offset a small part of the O'Malley plan's sales tax increase by giving each household earning less than $30,000 a $50 tax credit.

But the most controversial part of the O'Malley package -- allowing slot machines at Maryland race tracks -- ran into a major road bump this week, as Maryland Senate Republicans signaled that they would not support slots as part of a tax package. Since slots would ultimately account for close to a third of the revenues from O'Malley's proposal, this casts doubt on whether O'Malley's planned special legislative session for tax reform will take place this fall. The Baltimore Sun thinks that's a good thing. The Washington Post's Steven Pearlstein has a level-headed critique of the governor's plan here.

Earlier this week, Maryland Governor Martin O'Malley released the broad details of a tax reform plan designed to close the state's $1.7 billion structural deficit. The plan would make the state's nearly-flat income tax more progressive, cutting income taxes for low- and middle-income families and creating two new upper-income tax brackets for those with taxable incomes over $150,000, and would reduce the rate of a statewide property tax. The net impact of the income tax hike (somewhere north of $150 million a year) would be dwarfed, however, by the impact of a regressive sales tax hike that would increase the rate and broaden the base ($730 million), a $1-a-pack cigarette tax hike, and the introduction of legalized gaming at Maryland racetracks ($500 million), each of which would arguably make the plan both less sustainable and less fair. The plan would also increase corporate income tax collections, although the way in which this would be done is not yet entirely clear.
 
So who will win and who will lose from the governor's plan? The governor himself is only conceding that "if you make more than $700,000 a year, you smoke, you go to the tanning salon every day, you have a gym membership, and you're a renter, you'll probably pay more." Of course, people earning a whole lot less than $700,000 are going to be picking up much more of the tab than O'Malley's description lets on. But that may be the unavoidable price of closing the state's yawning fiscal gap.  
Fight Over Federal Gas Tax Brewing
 
According to the U.S. Department of Transportation, an eighth of bridges in America are "structurally deficient" which is the same designation that had been given to the Minnesota bridge over the Mississippi that collapsed on August 1. This designation does not necessarily mean that a bridge is unsafe, but the Department has stated that $65 billion could be spent immediately in cost-effective ways to address these deficiencies. 
 
So it might seem reasonable that one effect of the August 1 tragedy would be to wake the nation up to pressing infrastructure needs. And in fact, Rep. James Oberstar (D-MN), chairman of the House Transportation and Infrastructure Committee, has introduced a bill to temporarily raise the federal gas tax by five cents to fund bridge repairs.
 
But anti-tax advocates are having none of it. A coalition of 56 right-wing organizations has sent a letter to the President and Congress opposing the proposed gas tax increase. It's not clear which side will win this argument. There is some support on the Republican side of the aisle for raising revenue to address the issue. Rep. Don Young (R-AK), the former chair of Oberstar's committee, caused a stir when he said that hundreds of bridges are "potential death traps," which would justify a tax increase to fund repairs.
 
Food Fights in State Legislatures?
 
Meanwhile, the situation on the state level doesn't look any less cantankerous. Minnesota Governor Tim Pawlenty and legislative leaders have not yet agreed on the parameters of a special session that weeks earlier seemed the likely result of the horrific tragedy. Recently Governor Pawlenty said on a local radio program "I'm not going to call a special session if there's going to be a food fight. Not everybody's on the same page.But if he fears a food fight, he's strangely ready to throw the first pie. The Governor said he may add property tax relief to the session's agenda, which would be oddly placed in a session that is supposed to address the bridge collapse. The session isn't likely to start until after Labor Day.
 
Other states are also taking transportation funding more seriously. Maryland Governor Martin O'Malley is expected to call for a gas tax increase that would adjust automatically for increases in the cost of construction. A thoughtful Baltimore Sun article describes the crisis that is created when gas taxes are low, but infrastructure costs are rising. There's no such thing as a free lunch, and certainly no such thing as a free bridge.
In many ways, Maryland's current debate over legalized gambling is depressingly familiar. Faced with a loophole-ridden and unfair tax system that cries out for progressive reform, some elected officials want to introduce thousands of slot machines as a politically palatable revenue-raising alternative. But Maryland offers an interesting, if bizarre, twist. Governor Martin O'Malley's administration is arguing that slot machines would make an excellent economic development tool for propping up the state's ailing horse-racing industry.
 
About the best one can say about the idea of providing tax subsidies for such a small and distinctly 19th-century industry is that it's less expensive than the more conventional smokestack-chasing other states continue to engage in. But Maryland isn't the first state that's had this idea -- and neighboring Delaware's experience has not exactly yielded dividends for that state's racing industry. And as an excellent Washington Post editorial explains, the environmental and economic policy goals the administration allegedly seeks to achieve with slots are a red herring.
 

The author of the O'Malley administration report that makes the economic development-based pitch for slots, Thomas Perez, claims that the introduction of slots in neighboring states has "revitalized the previously moribund horse racing industries in those states." Perez describes his report as "a fact finding tour of racetracks in Delaware, West Virginia and Pennsylvania." Perez's research techniques included counting the number of Maryland license plates in a West Virginia parking lot -- but his time might have been better spent just asking West Virginia's Racing Commission chairman, who sees "no correlation... inverse, in fact" between their 1994 introduction of slots at racetracks and the current health of that state's racing industry.

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