Tax Justice Digest stories about New Hampshire

Spring Thaw in New Hampshire?

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Several weeks ago, we told you of a potentially interesting development in New Hampshire -- an effort by the Granite State Fair Tax Coalition to have voters in nearly a hundred towns call upon their elected officials to forego the so-called “Pledge. The Pledge is a vow many New Hampshire lawmakers have taken to oppose the creation of a broad-based income or sales tax. 

The effort to have voters voice opposition to the Pledge has met considerable success. As the New York Times reported last week, resolutions sponsored by the Fair Tax Coalition passed in close to 70 percent of the towns in which they appeared.  This hardly means that New Hampshire is about to leap past its New England neighbors in terms of tax fairness, but making sure that policymakers keep an open mind is an important first step.

Something New in New Hampshire?

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Despite a school funding debate that is now a decade old, New Hampshire remains one of just two states in the nation that lacks both a sales tax and a broad-based income tax, instead relying principally on property taxes to support vital services.  (The other state in that pairing, Alaska, can at least rely on revenues generated from its energy resources.

This absence of alternatives to the property tax is perpetuated by the so-called “pledge”, a vow to oppose income and sales taxes to which numerous candidates for public office in the Granite State have committed themselves.  In the weeks ahead, though, many New Hampshire voters will have an opportunity to instruct local officials to forego such misplaced promises.  Due to the efforts of the Granite State Fair Tax Coalition, residents of 88 of New Hampshire’s 221 cities and towns will have a chance at upcoming town meetings to approve resolutions calling on legislators to reject the “pledge” and to keep an open mind about all revenue raising options.

Conservative critics say that the resolutions are a veiled attempt to impose an income tax, while others maintain that a more direct approach would yield more tangible results.  Still, it’s hard to argue against something that simply suggests doing what anyone would do when confronting a major problem – keeping all of one’s options open.

Click here to learn more about the Granite State Fair Tax Coalition.

While the coalition isn't advocating an income tax, some state lawmakers are discussing far-reaching tax reforms that would lead to a fairer and more sustainable tax system in the Granite State. Rep. Jessie Osborne explains her approach to a "tax swap" here.

Late last month, New Hampshire adopted legislation that could serve as a model for other states seeking to modernize their corporate income taxes.  As part of their biennial budget process, Granite State lawmakers approved a change in the way they decide which multi-state companies are subject to the state's business enterprise tax, moving from a standard based on "physical presence" to one based on "economic presence." This change may sound esoteric, but it's important because the "physical presence" standard leads to all sort of strange outcomes, including advantages for huge out-of-state corporations that do business with state residents over the locally owned businesses that operate entirely within the state. 

Changing this standard (also known as "nexus") to one based on economic presence will help New Hampshire ensure that corporations that take advantage of the economic market the state fosters - its transportation infrastructure, judicial system, and educated workforce - will pay their fair share in taxes, even if they don't have offices or factories in the state.  In fact, as we previously noted in our Talking Taxes blog, the US Supreme Court earlier this year declined to hear two cases - Lanco and MBNA - in which New Jersey and West Virginia had subjected companies to business taxes because they had substantial economic presence in the state.  For more information on the "physical presence" standard and how it can harm state residents, see the ITEP paper on this topic.
People who follow tax issues know that cigarette taxes are regressive, meaning they take a larger percentage of a poor person's income than a wealthy person's income. This is generally true of other consumption taxes such as sales taxes and gasoline taxes because poor people consume a larger percentage of their income than wealthy people, who have the luxury of saving and investing a large percentage of their income.
 
So cigarette taxes are not the best way to raise revenues from a fairness perspective. But there seem to be situations in which the only tax increases politicians will tolerate are the unfair ones. The state legislature in Delaware wanted revenue to address health and school construction, and just raised $48 million by increasing cigarette taxes from 55 cents to $1.15 a pack. Raising progressive taxes (for example, state income taxes) would be a fairer alternative, but tobacco taxes may be a second-best option when lawmakers refuse to increase other taxes.
 
New Hampshire just enacted a budget that includes a cigarette tax increase of 28 cents to $1.08 a pack as well as several other regressive fee hikes. While this is unfortunate, the budget also expands children's health insurance by as many as 10,000 kids, which might be hard to do in tax phobic New Hampshire. In Connecticut, the legislature recently approved a budget that raises the cigarette tax 49 cents to $2 per pack in a compromise between Republican Governor Jodi Rell and the Democratic-controlled Assembly. (Rell had earlier suggested increasing income taxes but quickly changed her mind about that.)
 
Now members of Congress are eyeing an increase in the federal tobacco tax from 39 cents to $1 a pack to fund an expansion of the State Children's Health Insurance Program (SCHIP). Some members of both parties on the Senate Finance Committee have come to a tentative agreement to raise $35 billion over 5 years (less than the $50 billion envisioned in the Senate budget passed several months ago). One can imagine many more progressive ways of raising federal revenues. But if the Senate lacks the leadership and courage to fight for more progressive funding sources, this may be the best chance to expand children's health care this year. 

Policymakers in New England saw several budgetary showdowns this week. On Wednesday, members of the Connecticut General Assembly missed an end-of-session deadline for adopting their state's budget for the next two years. One of the most contentious issues in the debates surrounding the spending measure is, not surprisingly, taxes.

Both chambers of the Assembly recently approved bills that would make Connecticut's personal income tax more progressive and that would yield revenue needed to address structural budget shortfalls and to support new initiatives. While there are differences between the bills backed by the two chambers, conflict is much more likely with Governor Jodi Rell, who has already suggested that she would veto any such tax increase.

Interestingly, just four months ago, Rell herself proposed raising the state's top personal income tax rate. She now argues that anticipated budget surpluses are sufficient to meet the state's needs.

In New Hampshire, some substantial differences will likely have to be hammered out within the legislature. The House of Representatives previously passed a budget that relied on an increase in the state's real estate transfer tax and a 45-cent jump in the cigarette excise. The Senate this week was expected to vote on a version of the budget that abandons the transfer tax increase and that would push the cigarette excise up by just 28 cents.

New Hampshire courts have ruled that the state's school funding system is unconstitutional, and has given the legislature until July to remedy this. Predictably, some anti-tax advocates are making noise about amending the state constitution to bar the state's supreme court from ruling on this matter. A new Concord Monitor poll takes the public's pulse on this question. The good news: 53 percent of New Hampshire residents think it would be a bad idea to take away the court's ability to monitor the constitutionality of education funding. The bad news: 40 percent think it's a great idea.

For advocates seeking equitable funding of K-12 education, state court decisions have been crucial for over a quarter century. From Arkansas to New York, many states have improved their education funding systems, in part, because state supreme courts have told them they have to. (Unlike the US Constitution, virtually every state constitution includes language guaranteeing a basic education to its residents — and many states have failed to comply with this basic guarantee.) In the states, as in Washington DC, this is exactly what courts are supposed to do: rap lawmakers on the knuckles when they pass laws that violate fundamental rights enshrined in the constitution.

But some New Hampshire lawmakers don't see it that way. Senate President Ted Gatsas has introduced a constitutional amendment that would actually prevent state courts from determining whether New Hampshire is living up to its constitutional responsibility to adequately fund schools. In a series of court decisions collectively known as the Claremont cases, New Hampshire courts have ruled that the state does have a constitutional obligation to adequately fund schools — and that the state is not currently doing so. Four Republican ex-governors got together last week to voice their support for "return[ing] control of education policy to the legislature."

The cause of the latest ruckus? A September court decision ruling that the state must take steps to determine what an "adequate" education really means. If the legislature fails to act by next summer, the court has said it may step in. Constitutions are generally thought of as sets of rules that legislators cannot violate, in order to protect citizens, so it's peculiar that the interpretation of these rules would be given to the legislators. No word yet on whether the state legislature would be in charge of safeguarding all other fundamental rights in the Granite State. 

In South Dakota, property tax reform became a hot topic this week when schools brought a suit against the state over education funding. In New Hampshire, where the role of property taxes has been debated for a while now, the State Supreme Court is hearing a case to determine and define the cost of adequate education. The districts bringing the suit argue that statewide property tax is geared to give wealthy towns a break compared to poor towns.

Meanwhile, another state looks to passively let its problem slide by. In response to an executive order by Florida Governor Jeb Bush, a 15-member panel will study property tax reform. Some speculate that the panel was formed for purely political reasons and that during an election year a study of this magnitude means that legislators can put off making politically difficult decisions.

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