Author: tarek

Virginia Governor Bob McDonnell just signed into law the expansion of a tax break meant to support “manufacturing” that has, in fact, been used to subsidize everything from making movies to designing homes to roasting coffee. The break piggybacks on the federal deduction for “Qualified Production Activities Income” (QPAI), which was first proposed in the early 2000’s as a way to benefit US-based manufacturers.  As the proposal made its way through Congress, however, it morphed into a loosely defined tax break that Starbucks, for example, has been able to use to get $40 million knocked off its tax bill over the last few years. Walt Disney, Halliburton, Altria and the Washington Post Company are among scores of companies – not known for manufacturing – that have successfully exploited this loophole.

In most cases, state corporate tax law is based on the federal corporate tax, which means that when Congress creates an expensive giveaway like the QPAI deduction, the states go ahead and offer the same break for reasons of simplicity.  But 22 states have specifically decided that this break isn’t worth the cost, and have “decoupled” their laws from that part of the federal code.  Unfortunately, Virginia is moving in exactly the opposite direction.

The Virginia Department of Taxation estimates that this recent expansion of the state’s QPAI deduction will drain somewhere in the neighborhood of $10 million from the state’s coffers each year. Worse, Virginians can’t expect much of a return on that $10 million “investment.”  As the Institute on Taxation and Economic Policy (ITEP) explains:

“The QPAI deduction has little value as an economic development strategy for individual states, because a corporation can use the QPAI deduction to reduce its taxable income for “domestic production” activities anywhere in the United States. That is, a multi-state company that engages in manufacturing activities in Michigan will be able to use those activities to claim the QPAI deduction—and thus cut its taxes—in any state that offers the deduction, even if the company does not have manufacturing facilities in those states.

Eliminating state QPAI deductions was recently proposed in a joint CTJ-ITEP report as a way to improve the adequacy and fairness of state corporate taxes.  That report showed that many profitable companies – including some headquartered in Virginia – are paying at a rate equal to less than half the average statutory state corporate tax rate.  Loopholes like QPAI are the reason.

Photo of Gov. Bob McDonnell via Gage Skidmore Creative Commons Attribution License 2.0

Missourians can write off up to $5,000 in federal income taxes paid ($10,000 for married couples) on their state income taxes. Missouri is one of only six states that offer this deduction and it cost the state about $400 million in 2011. Calling it a “costly tax code luxury that produces no noticeable public benefit,” the St. Louis Post Dispatch blasted the deduction in an editorial today.

The editors also note that State Representative Jeanette Mott-Oxford recently offered an amendment to House Bill 1661 which would eliminate the deduction entirely, and that her legislation would significantly offset a crippling budget deficit which is projected to exceed $500 million next year.

In the House floor debate over her amendment, Representative Mott-Oxford cited the Institute on Taxation and Economic Policy’s Topsy Turvy: State Income Tax Deductions for Federal Income Taxes Turn Tax Fairness on its Head. This 2011 report found that 83 percent of the benefit of the deduction goes to the top 40 percent of taxpayers in Missouri while those in the bottom 20 percent receive zero benefit from it.

In spite of its $5,000 cap (which makes Missouri’s deduction somewhat less irrational than other states’), treating federal income taxes as a deductible expense is costing the state eight percent of its income tax revenues and the figure will rise if federal income taxes on the wealthiest filers also rise, according to ITEP’s study.

Her legislation faces a daunting political gauntlet it’s not likely to survive, but Missourians should thank Rep. Mott-Oxford for pushing them closer to the day when this loophole is finally eliminated.

Yesterday, Eric Cantor, the Republican House Majority Leader, announced that those taxpayers who pay federal payroll taxes and other types of taxes, but who don’t have enough income to owe federal personal income taxes, should be required to pay the federal personal income tax as well. Cantor made his remarks at an event (subscription required) hosted by Bank of America.

“We also know that over 45 percent of the people in this country don’t pay income taxes at all,” Cantor said, “and we have to question whether that’s fair. And should we broaden the base in a way that we can lower the rates for everybody that pays taxes… Should they even have a dollar in the game on income taxes, which is the notion of broadening the base.”

When asked if this would mean “a tax increase on the 45 percent who right now pay no federal income tax,” Cantor said, “I’m saying that, just in a macro way of looking at it, you’ve got to discuss that issue.”

CTJ’s figures show that Americans in every income group do, in fact, pay taxes and that the tax system as a whole (including all the types of taxes that Americans pay) is just barely progressive.

For example, in 2011 the richest one percent of Americans paid 21.6 percent of the total (federal, state and local) taxes but also received 21 percent of the total income in the U.S. that year. Similarly, the poorest fifth of Americans paid just 2.1 percent of the total taxes in the U.S., but only received 3.4 percent of the total income in the U.S. In other words, the richest one percent are not paying more than their share, and the poorest Americans are not getting much largesse from the tax system.

The term “broadening the base” has often been used to describe a tax reform that would end the various loopholes and tax subsidies that reduce the amount of revenue a given tax at given rates can collect.

Republican House Budget Chairman Paul Ryan recently made it clear that his idea of base-broadening would not involve repealing those tax loopholes and tax subsidies that benefit wealthy investors (the tax preferences for capital gains and stock dividends which mostly benefit the richest one percent). Cantor’s comments suggest that, like Rep. Ryan, he is interested in ending those tax subsidies that benefit the lower-income or middle-income households but not those benefitting the rich.

Several tax expenditures in the federal personal income tax reduce or eliminate the federal personal income tax for many lower-income and middle-income Americans. The refundable Earned Income Tax Credit and the Child Tax Credit are available only to those who work and therefore pay federal payroll taxes. The rules exempting most Social Security income benefits people who paid taxes over the course of their working lives. The standard deduction and personal exemptions ensure that people whose income does not meet a basic threshold are not subject to the personal income tax, similar to how corporations that are not profitable are not expected to pay the corporate tax. (Our complaints about corporations are limited to those that are profitable and still manage to pay no corporate income taxes.)

It’s unclear if Cantor is proposing to repeal the EITC and the Child Tax Credit, or the rule exempting most Social Security benefits from income taxes, or the standard deduction and personal exemptions, or what exactly. Any of these options would take a tax system that is just barely progressive and make it regressive.

We’ve long advocated for taxes that have a broad base. Tax structures that abide by this principle don’t pick winners and losers and, importantly, they keep revenues more stable in the long run.  In South Carolina earlier this week, a House subcommittee took a positive step in this direction when it voted to eliminate several exemptions to the sales tax, including the sales tax holidays for guns and back-to-school purchases.  The increased revenues would allow an overall reduction in the sales tax rate.

But when the legislation went to the full House Ways and Means Committee, it was amended. Instead of the $250 million worth of exemptions the original bill contained, the amended version only returns about $15 million in revenues to the state’s budget.

Among the unwise exemptions restored were the two sales tax holidays, which do little to help the taxpayers they’re supposed to help and don’t seem to boost local economies, either.  The Republican sponsor of the original legislation, Rep. Tommy Springer, said of sales tax holidays, “We researched tax analysis, tax reports and the evidence does not suggest they actually save money.” But as an astute Carolinian told the local news, had they ended those holidays, even if it meant a lower year round tax rate, “I don’t think your typical citizen is going to see it as anything other than taking something away from them, because they’ve become accustomed to it.”  

Though the bill has been pared back considerably, Springer is hopeful that a fundamental piece of the legislation will be approved: the requirement that any sales tax exemptions be automatically re-evaluated every five years.  Mandating evaluation of tax expenditures is a good idea; too often these loopholes become permanent features of budgets – and sources of deficits – long after their usefulness has passed.  They aren’t the same as real tax reform that broadens the base and lowers the rate, but the transparency they afford helps build the case for progressive reform.

Photo of South Carolina State House via Richard Boltin Creative Commons Attribution License 2.0

On Tax Day 2012, thousands of people throughout the country rallied in favor of progressive taxation and against the low (or sometimes zero rates) paid by the wealthiest Americans and corporations. These protests were the latest in the growing progressive tax movement dubbed “Tax Revolt 2.0” for its focus on tax fairness rather than tax cuts.  As one commentator declared, “Tax Day doesn’t belong to the Tea Party anymore.”

The popularity of these protests should be no surprise considering that 68 percent of Americans believe the current tax system benefits the rich and is unfair to ordinary workers. While efforts by grassroots groups have begun to change the conversation about tax fairness, these tax day 2012 protests reveal a reach and momentum that show no signs of receding.

You could hardly travel around the US on tax day this year without running into one of over 200 rallies including: Los Angeles, Fort Worth, Kansas City, Boston, Duluth, Grand Rapids, Bangor, Chicago, Pittsburgh, Green Bay, New York City, Ames, Toledo, Kalamazoo, Newark, Seattle, and many, many more.

While the broad theme of the nationwide protests was tax fairness, the targets differed. In Jersey City, NJ for instance, protestors rallied at their local Wells Fargo bank to call out the company for its role as an infamous tax dodger, while protestors in Tuscon, AZ held their rally at a local post office to highlight how the failure to tax wealth results in the loss of jobs and critical public institutions like the Postal Service.

To be sure, the anti-tax lobby is well established, but you gotta’ believe that activists as energetic and creative as these will win the day:

Photo of the “Tax Dodgers” via  D*Unit Creative Commons Attribution License 2.0

On Tuesday, advocates for transparency scored a victory while tax evaders suffered a loss. The Treasury Department issued final regulations requiring banks to report to the IRS any interest payments made to foreign account holders in the same way they must report interest payments made to U.S. resident account holders. You’d think this sort of regulatory issue would be a pretty dull affair, but sparks flew over the last several months as opponents of the new rule accused Citizens for Tax Justice and the Obama administration of supporting dictators, kidnappers and terrorists.

The U.S. government taxes interest payments made to U.S. residents but not those made to foreigners, so before now it never bothered to require banks to report those interest payments made to foreigners. But the IRS proposed to change that rule in order to reduce tax evasion by Americans, both directly (by helping to identify Americans who evade U.S. taxes by posing as foreign account holders) and indirectly (by helping other countries enforce their tax laws so that they’ll help us enforce ours).

CTJ and the Financial Accountability and Corporate Transparency (FACT) Coalition continually expressed support for the regulations as they worked their way through the process, and CTJ’s Rebecca Wilkins testified before the Internal Revenue Service and the House Financial Services Committee in support of the rule. Sen. Carl Levin, a long-time crusader against tax haven abuse and chair of the Senate Permanent Subcommittee on Investigations also submitted comments. Levin’s committee has done ground-breaking investigative work on offshore tax evasion issues and chief counsel Elise Bean also testified in support of the proposed regulations.

At the House Financial Services Committee hearing in October, Republican Chairman Spencer Bachus read a letter from the Florida House delegation, which apparently is protective of its banks even when they facilitate tax evasion. Many people who live in unstable countries and have U.S. bank accounts, the letter argues, are “concerned their personal bank account information could be leaked to unauthorized persons in their home country government or to criminal or terrorist groups upon receipt from U.S. authorities, which could result in kidnapping or other terrorist actions…”

Wilkins explained that the IRS would only hand over information to foreign governments in response to a careful, limited request under a tax information exchange agreement. Even more important, Wilkins explained, is that the rule in effect until now actually helped criminals, corrupt government officials, terrorists and money launderers by allowing them to hide their money in the U.S.

The hearings made clear that supporters of the regulations were greatly outnumbered by the tax cheaters’ lobby, the politicians, and the bankers who benefit from facilitating tax evasion. We’re really glad that the IRS didn’t rewrite the regulations to please them.

Today we’re celebrating this rare win in our long fight for good tax policy and robust enforcement. But the real winners today are honest taxpaying citizens all over the world.

CTJ issued a one-page fact sheet that includes the information you need to understand the debates that will continue long after Tax Day. America is NOT overtaxed… Virtually all Americans, including the poorest Americans, are paying some type of tax… Wealthy Americans are NOT overtaxed… Some millionaires who live off their investments are paying a smaller share of their income in taxes than many middle-income people pay… U.S. corporations are NOT overtaxed… Tax cuts have not helped our economy…

Read the fact sheet.

Calling it “a far-out idea that would force Missourians to pay much more for groceries, homes and everything in between, while sparing wealthy citizens the need to pay income taxes,” the Kansas City Star editorial board bids good riddance to an income tax repeal proposal in Missouri.

Apparently not content with the massive business tax cut enacted last year, Michigan lawmakers are continuing to push to repeal the property tax on business equipment – a vital revenue source for local governments who can expect a net, permanent 19 percent revenue loss.

Instead of an immediate income tax cut that will cost significant revenue (that the state can’t afford),  Oklahoma lawmakers are contemplating a “trigger” plan tying cuts to year-over-year revenue growth that would eventually eliminate the tax altogether.  The Oklahoma Policy Institute explains that triggers are sold as a “responsible” way to cut taxes, “but it’s the opposite. It’s an attempt to avoid responsibility by putting the tax system on auto-pilot.“

An important study from the Pew Center on the States showing the lack of accountability in tax giveaways to business keeps getting good press. Here’s a piece from Illinois describing how, despite some very public giveaways to companies like Sears and the CME Group, the state lags in holding companies accountable for the tax breaks they receive.

This great article explains who actually pays Minnesota taxes. It cites data from Minnesota’s own tax incidence analysis report – a report that only a handful of states have the technology to develop, but is vital to understanding how taxes impact people of different income levels.

Rick Perry’s Texas has some of the lowest taxes in the nation and it trails the national average in important economic indicators.  But that’s not stopping Governor Perry from traveling the state promoting his new Texas Budget Compact, the center of which is an opposition to any new taxes or tax increases, which, he argues, will make the state stronger.  Politically, the compact is Perry’s effort to set the terms of election year debates, influence the next legislative session (eight months from now!) and assert his role as the Lone Star State’s conservative-in-chief.  In addition to opposing any new taxes, the Compact calls for: a Constitutional limit on spending tied to the growth of population and inflation; more program and agencies cuts; using the state’s Rainy Day Fund only for emergency purposes; making a temporary small business tax exemption permanent; and “truth in budgeting.”

Borrowing a page from anti-tax crusader Grover Norquist’s playbook, Perry said on Monday, “Each and every member of the Legislature or anyone aspiring to become a member of the Legislature should sign on.”  And right on the Governor’s website, individuals and lawmakers can sign on to the Compact: Yes, I stand with Governor Perry and I support his Texas Budget Compact. I want my state representatives in the Texas Legislature to sign on to Governor Perry’s Texas Budget Compact.

Asked specifically, however, whether or not he would be keeping track of who has signed on or not, Perry responded, “I’m not going to have a pledge for anybody to sign. People are either going to be for them or they’re not. There’s not a lot of gray area.” 

Regardless of Perry’s intentions, the Compact smacks of the kind of binding pledge that ties lawmakers’ hands and restricts their ability to do the jobs they were elected to do.  (Happily, more and more lawmakers who took Norquist’s pledge are abandoning it on these very grounds.)

But worse than distorting the political process, the principles Perry promotes in his Compact could wreak havoc on Texas if fully embraced. 

As Texas State Rep. Mike Villarreal said in a statement released in response to the Compact:

“Governor Perry loves to talk about his principles in the abstract, but he doesn’t want to discuss the disabled kids who lose health services when he won’t close corporate tax loopholes, or the students crowded into full classrooms when he won’t touch the Rainy Day Fund. After the deep and unnecessary education cuts that Governor Perry championed, it’s no surprise that his Compact doesn’t say a word about educating schoolchildren.

“The Governor doesn’t seem to understand that we must educate our children if we are going to build our economy and create jobs.”

News is that Rick Perry wants to run for president again in 2016. His hard line on taxes would certainly help him with his party’s base, even as it harms the state that already elected him.

Photo of Rick Perry via Gage Skidmore Creative Commons Attribution License 2.0

According to a CNN/ORC poll, one of many polls released around Tax Day 2012, a solid 68 percent of Americans said the current tax system benefits the rich and is unfair to ordinary workers. While this result is consistent with past poll results, a shocking number of lawmakers in Washington seem indifferent to the public’s hunger for more progressive taxes.

For example, one modest step toward tax fairness is the Buffet Rule, which would impose a minimum tax, equal to 30 percent of income, on millionaires in order to ensure that wealthy investors like Warren Buffett or Mitt Romney do not pay a lower tax rate than middle income Americans. Despite the fact that the Buffett Rule is favored by an overwhelming 72 percent of the American public, it was defeated in the US Senate on Monday and will likely not even come up for a vote in the House of Representatives.

Another tax day poll by Reuters/Ipsos found that 60 percent of Americans believe that tax revenues should play some part in deficit reduction efforts, while only 22 percent believe that spending cuts alone are the solution. This poll also reflects Washington’s huge disconnect with the American public as last year’s deficit reduction deal resulted in trillions of dollars of spending cuts and not a cent of additional revenue.

Even in the arena of corporate tax reform lawmakers find themselves at odds with public sentiment. In its tax day polling, Gallup found that 64 percent of Americans believe that corporations pay too little in taxes, meaning that the public would clearly favor revenue-positive corporate tax reform. And yet Republican and Democratic leaders, including the President, are proposing revenue-neutral corporate tax reform instead.

Washington’s conservative intransigence on tax issues is not going unnoticed by the public. Grassroots movements are spreading in protest of the unfairness of our tax system and pushing for progressive change. Lawmakers will find it increasingly difficult to ignore their constituents, especially as it becomes clear that other types of deficit reduction proposals (cuts in Social Security, Medicare, services for children) are far less popular than progressive tax increases.