Category Archives: Tax Exemptions

Most Americans Don’t Share in Growing Economy

The main reason voters gave for their voting as they did in the Nov 2014 election was the economy as it affected them. Despite job growth going up and unemployment going down and the stock market going up and GDP increasing, most Americans were not sharing in the economy doing better.

As Steve Rattner points out in a New York Times article entitled “Inequality Unbelievably, Gets Worse” :

 “Inflation-adjusted earnings of the bottom 90 percent of Americans fell between 2010 and 2013, with those near the bottom dropping the most. Meanwhile, incomes in the top decile rose.”

Democrats got blamed for the impacts of this growing income inequality in the US. Ironically conservative Republican policies rather than progressive Democratic  policies have exacerbated this inequality. Republicans did a better job of blaming people’s economic woes on Obama and deflected their own culpability and contribution in opposing things like repealing tax loopholes on big oil and other profitable corporations  and pushing for lowering taxes on the rich.

In charts presented in Rattner’s piece, he notes that because of the US’s relative low tax rate compared to that of other developed countries, less funds are available to help people in need of government assistance. The result is that the US ranks at the top as having the most inequality. Rattner says:

“That’s because our taxes, while progressive, are low by international standards and our social welfare programs — ranging from unemployment benefits to disability insurance to retirement payments — are consequently less generous.

Conservatives may bemoan the size of our government; in reality, according to the Organization for Economic Cooperation and Development, total tax revenues in the United States this year will be smaller on a relative basis than those of any other member country.”

Democrats unfortunately did not talk about what they and Obama had been doing to help working families despite Republican opposition.  Again Rattner noted:

To his credit, President Obama has succeeded in keeping income disparities from growing even wider, by such measures as by forcing tax rates on the wealthiest Americans up toward fair levels.

Tax Exemption Transparency and Accountability Act Filed with State Legislature

The Tax Exemption Transparency and Accountability Act has been filed as bills in both the House and Senate in the Washington State Legislature. The prime sponsor of the House bill, HB 2721 is Representative Gerry Pollet. A total of 17 Legislators have signed onto the bill when it was dropped.  The prime sponsor of the Senate bill SB 6477 is Senator Maralyn Chase. Eight Senators had signed onto the bill when it was dropped.

The following fact sheet on the bill and why it was filed is from the Tax Sanity website at www.taxsanity.org   Continue reading

Why Eyman’s 1/3 Constitutional Vote Proposal is Bad for Washington Taxpayers

`Tim Eyman is trying to convince voters that Washington State needs a constitutional amendment to allow 1/3 of the Legislators to decide issues regarding raising revenues in Washington state. He has  filed Initiative 1325 to try to force the legislature to place a constitutional amendment on the ballot by a coercive tactic of proposing to cut the state component of the state sales tax by 15% if they don’t. Eyman calls it a 2/3 vote measure but the reality is that it allows 1/3 of the Legislators to make budget decisions on raising revenue rather than a majority.

Eyman’s attempt to enact his  1/3 constitutional amendment is a repeat of the recent Republican extortionist  proposal regarding raising the debt limit  in Congress by shutting down government.   The 15% cut under Eyman’s measure if the Legislature doesn’t play by his rules would occur by reducing the current 6.5% state sales tax to 5.5%.  This would equal over a billion dollars a year. Of course to Eyman the one billion dollars has no significance, it is merely a tool to try to use as extortion to promote  his libertarian view that taxes and government can do no good and the more we cut them the better. Continue reading

Senator Adam Kline Announces He Will Retire from Legislature

Democratic Senator Adam Kline of the 37th LD has announced that he will not re-run this year for the Washington State legislative seat  he has held for many years.  He has been a staunch advocate on many progressive issues and will be missed.  In particular, unlike many other Legislators, he was willing to publicly oppose Tim Eyman’s many attempts to be Grover Norquist’s surrogate in Washington State. Eyman  would repeatedly say government was wasting money  and pushed initiatives to gut  government funding by opposing taxes of any kind.  Kline demanded Eyman publicly say what programs he thought should be cut and Eyman never responded, choosing instead to hide behind empty libertarian anti-tax rhetoric. Continue reading

Tax Sanity Pushes for a Tax Expenditure Budget for Increased Accountability and Transparency

Tax Sanity has been busy drafting legislation to create a tax expenditure budget bill to increase transparency and accountability over Washington State’s ever growing tax exemptions.  The most recent special legislative session saw the Governor and the State Legislature push for additional tax breaks for Boeing, creating the largest state corporate tax break in the nation. As Reuters reported, “The Washington state legislature … passed a measure to extend nearly $9 billion in tax breaks for Boeing through 2040 in an embattled effort to entice the company to locate production of its newest jet, the 777X, in the Seattle area.”  And even it may not be enough to keep Boeing here as now a race to the bottom is occurring as other states compete to try to lure Boeing to their state.

Tax Sanity believes the continued push to create more and more tax exemptions is out of control.  There needs to be more accountability for results and more transparency in who is benefiting and who is losing. They propose doing this by requiring the legislature to create a tax expenditure budget detailing all the exemptions, their cost and who they benefit that the legislature has to adopt every two years as part of the general appropriations budget or exemption will expire.

Their latest draft which they are urging legislators to adopt has also been filed as an initiative to the legislature.  Initiative 626 has just received the following ballot title and summary:

Ballot Title
Initiative Measure No. 626 concerns taxes.

This measure would require new and existing discretionary tax preferences to be authorized every two years in a tax expenditure budget and repeal requirements for advisory votes of the people on tax increases.

Should this measure be enacted into law? Yes [ ] No [ ]

Ballot Measure Summary
This measure would require the legislature to approve new and existing discretionary tax preferences every two years, in a tax expenditure budget detailing the fiscal impact and purpose of each tax preference. The tax expenditure budget would be included in the biennial omnibus operating appropriations act. Tax preferences not included in the tax exemption budget would expire at the end of the fiscal year. The measure would repeal requirements for advisory votes on tax increases.

View Complete Text PDF

Washington State currently has over 650 tax exemptions.  While some are required by our State Constitution or the US Constitution or by Federal law, the discretionary ones still number over 400. They are usually described as either an exemption, exclusion or deduction from the base of a tax; a credit against a tax; a deferral of a tax or a preferential tax rate. They are all  off budget spending that once granted almost never is rescinded. Only 10% of them have sunset dates. They represent expenditures of tax dollars which if not exempted from collection would be available as state revenue to fund critical state needs like education or health care.

The magnitude of the situation is not clear to the general public. Yet last year the Washington State Department of Revenue in its once every four year report on tax exemptions listing the discretionary tax exemptions points out why they are more appropriately called tax expenditures.  This is what most other states call them.  They are revenue that is not collected from some taxpayers but is collected from others. They noted that while we collected some $6.5 billion in B&O tax revenue in the last biennium, we did not collect but “exempted” some $7.5 billion.  We collected less than half the B&O tax revenue  available if every business paid the same.

When the sales and use tax collection was added to the B&O tax collection, essentially the same net result occurred.  The state collected some $21 billion in revenue but excluded $20 billion from collection.  Tax exemptions continue to grow with the Legislature adding another 15 in the 2012 session.

The process is out of control. This is why Tax Sanity is urging the state legislature to let the public know the extent to which they are supporting tax expenditures, who is benefiting and how much they are receiving. No future legislature is bound by the actions of past legislatures. Legislators have a responsibility to use tax dollars wisely, including being judicious and wise in giving out tax breaks. The Legislature needs to be held accountable for the current out of control use of tax exemptions to benefit special interests and business while cutting public services like education and health care. Requiring them to adopt a tax expenditure budget every 2 years as part of the regular operating appropriations budget and end the shifting of state revenue to off budget spending that lacks accountability and transparency.

Tell Your Legislators and Governor Inslee You Support Closing Tax Loopholes!

You can help in our effort to close tax loopholes in Washington State by signing our petition to Governor Inslee and your Legislators. We have created a petition on MoveOn.org to show support for closing tax loopholes. We support the Legislature being required every two years to adopt a Tax Expenditure Budget to end off budget spending via tax exemptions that lack  the transparency and accountability that other state spending undergoes.

“In order to increase accountability and close tax loopholes, the Washington State Legislature should adopt a Tax Expenditure Budget as part of its biennial budget process.”

 

Click here to Sign Petition

 

Petition Background

As off budget spending, tax exemptions lack the accountability that other state spending undergoes when the state approves its biennial budget. Tax exemptions are expenditures of state money that would otherwise be available to fund state services.

Tax exemptions reduce available funds for education, health care and other important state services. Many tax exemptions are actually tax loopholes that benefit special interests but don’t meet state priorities for funding.

Washington State currently has over 650 tax exemptions. According to the State Department of Revenue in the last biennium, while Washington State  for B&O taxes  it collected $6.5 billion but gave out $7.5 billion in exemption .Adding to the B&O tax collected the sales and use taxe,s the state collected some $21 billion total but it excluded from collection over $20 billion in tax exemptions.  The system is broken.  If every business  paid the same in taxes, the state would have twice as much  revenue or it. Or it could cut everyone’s taxes in half. Or it could split the difference both reducing taxes and collecting more revenue..

Requiring that the Washington State Legislature adopt a Tax Expenditure Budget every two years as part of the biennial budget process would make tax exemptions more open, transparent and accountable to Washington taxpayers. The Legislature needs to prioritize tax exemptions and close tax loopholes not meeting state needs.

Creating a Tax Expenditure Budget detailing the tax expenditures (exemptions) and the amount of revenue the Legislature is not collecting, will help Legislators to prioritize closing tax loopholes not meeting state priorities and needs.

Vote “Maintain” on Five Eyman “Tax Advisory Votes”

The Washington State Ballot this November has five tax advisory votes which are very confusing to most people.

These tax advisory votes were put there by  Tim Eyman’s Initiative 960 as his attempt to increase public resentment to any “tax” measures even when they benefit the larger public. The ballot title for each is basically written as an  anti-tax push poll based on Eyman’s ballot title language in Initiative 960 that stipulated the ballot title wording.

They carry no Legislative weight as they only record  voters opinions. In essence they are like a public opinion poll paid for by taxpayers. But Eyman tries to use them to show public opposition to funding public services by wording them such that voters will be inclined to respond negatively to any tax increase. Under Eyman’s definition of tax increases he also includes any efforts by the Legislature to repeal any tax exemptions or tax expenditures even if they are tax loopholes that only benefit special interests and not the general public.

Deciphering the ballot title language is very tricky and confusing. It waspurposely written to try to get voters to vote to repeal any tax increase passed by the Legislature.   And unlike initiatives, the writeup on the so called tax advisory votes  in the voter’s pamphlet contain no explanatory statement, no pro and con statements, and no fiscal impact statement.

In fact the State Attorney General had no real ability to even try to fairly explain the issue in the ballot title since Eyman’s initiative 960 required that the ballot tile be written as:

The legislature imposed, without a vote of the people, (identification of tax and description of increase), costing (most up-to-date ten-year cost projection, expressed in dollars and rounded to the nearest million) in its first ten years, for government spending. This tax increase should be:
Repealed . . .[ ]
Maintained . . .[ ]

I have made bold the mandatory wording required which by itself is intended to encourage people to vote to repeal any “tax increase”.

Both Democrats and Republicans voted by wide margins in the Legislature to approve all 5 of these measures, including to repeal some tax exemptions and fix the inheritance tax exclusion set up by a court decision, to secure revenue to help fund the budget.

Voters should vote to “maintain” these legislative decisions.

Advisory Vote No. 3 (Substitute Senate Bill 5444)

Ballot Title

The legislature eliminated, without a vote of the people, a leasehold excise tax credit for taxpayers who lease publicly-owned property, costing approximately $2,000,000 in the first ten years, for government spending.

This tax increase should be:

[  ]  Repealed

[X  ]  Maintained

 

Advisory Vote No. 4 (Senate Bill 5627)

Ballot Title

The legislature imposed, without a vote of the people, an aircraft excise tax on commuter air carriers in lieu of property tax, costing approximately $500,000 in its first ten years, for government spending.

This tax increase should be:

Repealed   [  ]

Maintained   [ X ]

 

Advisory Vote No. 5 (Engrossed Substitute House Bill 1846)

Ballot Title

The legislature extended, without a vote of the people, the insurance premium tax to some insurance for pediatric oral services, costing an amount that cannot currently be estimated, for government spending.

This tax increase should be:

Repealed   [  ]

Maintained   [X  ]
Advisory Vote No. 6 (Second Engrossed Second Substitute House Bill 1971)

Ballot Title

The legislature eliminated, without a vote of the people, a retail sales tax exemption for certain telephone and telecommunications services, costing approximately $397,000,000 in the first ten years, for government spending.

This tax increase should be:

Repealed   [  ]

Maintained   [X  ]

 

Advisory Vote No. 7 (Engrossed House Bill 2075)

Ballot Title

The legislature extended, without a vote of the people, estate tax on certain property transfers and increased rates for estates over $4,000,000, costing approximately $478,000,000 in the first ten years, for government spending.

This tax increase should be:

Repealed   [  ]

Maintained   [X  ]

For additional information on these measures see the Washington State Voters Pamphlet which gives links to the actual bills passed by the Legislature. Click on the tab “full text” to read the original bill as passed by the Washington State Legislature.

You can also refer to the statement in the Progressive Voters Guide.

The Tax Advisory Vote requirement  in I-960 is a waste of taxpayer dollars, both in the added costs to print up and tally ballot votes and the extra cost to print up Eyman’s required material in the Voters pamphlet. They represent an abuse of the public electoral process in that they are no more than a biased anti-tax slanted push poll conducted at public expense. The Advisory Tax Vote requirement  in I-960 needs to be either repealed by legislators or the voters.

Tax Advisory Votes Might Not Mean Much But Cost a Lot, Seattle Times, July 16, 2013

Voters to Send Pricey Telegram with Five Tax Advisory Votes -Legislators will get scarlet letter, Erik Smith, Washington State Wire, July 23, 2013

 

 

Eyman’s Proposed Initiative Continues his Libertarian Attack on State Government

Tim Eyman’s latest proposed initiative continues his right wing libertarian approach to try to shut down state government.  He is proposing to limit tax increases to one year and push for repeated votes at tax payer expense for  minority rule that would let a 1/3 minority of Legislators run our state government by taking over the Washington State  Legislature.  It is a recipe for disaster.

Our current problem in the legislature is not one of over taxation but of out of control tax expenditures given by Legislators to special interests. The state has a revenue problem – giving away tax exemptions instead of collecting revenue.  See http://dor.wa.gov/docs/reports/2012/Exemption_study_2012/Intro_and_Summary_of_findings.pdf

Take B&O taxes listed in the 2012 State Tax Exemption Report -on B&O taxes on business – the state gave out 176 tax breaks totaling some $7.5 billion while collecting only $6.5 billion in revenue. The exemptions were 54% of the potential tax base.

The 2012 Tax Exemption Study also stated that in the 2011 – 2013 budget some $21 billion was collected in B&O taxes and sales/use taxes.  At the same time some $20 billion in these same taxes was not collected and was essentially an expenditure of state funds to support those that got the exemption.

The state currently has some 640 tax exemptions in place. Under a 2/3 Constitution Amendment tax expenditures could be put in place by a majority vote but would require a 2/3 vote to repeal.

A 2/3 vote constitutional amendment would lock in all these exemptions that are forcing higher taxes on those that pay and don’t get an exemption.  It is a recipe for disaster.

Eyman’s  anti-tax hysteria  borders on the ludicrous. It serves no purpose but to push a radical philosophy exposed by those like Grover Norquist and Tea Party fanatics to shut down government.  It is irresponsible and harmful to the state government and Washington State’s residents. It would prevent significant tax reform and benefit special interests and corporations while hurting those who need state help. It would prevent adequate funding of education and other essential state services.

People need to say NO to Eyman’s  continued anti-tax monologue. Enough is enough.

Washington State Supreme Court Rules Eyman Supermajority Votes Unconstitutional, Republicans Push for a Constitutional Amendment

In a 6 to 3 decision this last week the Washington State Supreme Court ruled that that Tim Eyman’s  Initiative 1053’s supermajority provisions for passage of revenue measures by the State Legislature was unconstitutional. In fact it went beyond revenue measures and said any attempt to require supermajority votes not in the Washington State Constitution was unconstitutional.

The decision stated that, Article II, sec. 22 of the Washington State Constitution “prohibits either the people or legislature from passing legislation requiring more than a simple majority for the passage of tax legislation – or any other ordinary legislation”. Despite this language Majority Leader Rodney Tom in the Washington State Senate immediately tried to figure a way to change the Senate rules to require a two thirds vote to raise taxes by the Legislature.

On the same day the Court issued their opinion, the Olympian reported that Tom said:

“We’re going to stand behind the will of the people. They’ve been very clear that they want it to be difficult to raise taxes,” Tom said today.

The rule would require a two-thirds supermajority or a public vote to pass any tax increase.

And passing the rule would take only a simple majority of all senators, unlike a constitutional amendment that is much less likely to pass.

Seems that legal counsel finally convinced Tom that the Washington State Supreme Court ruling also applied in principle to any rule making by the Legislature. By that didn’t stop him from trying to consider it. Here’s what the Supreme Court said about allowing a 1/3 minority of Legislators to overrule a majority:

Article II, sec. 22  “prohibits either the people or legislature from passing legislation requiring more than a simple majority for the passage of tax legislation – or any other ordinary legislation.”…

They also stated  that) “The Supermajority Requirement unconstitutionally amends the constitution by imposing a two-thirds vote requirement for tax legislation.

More importantly, the Supermajority Requirement substantially alters our system of government, thus enabling a tyranny of the minority.”

The telling words here to listen to are not so much that requiring a supermajority vote to raise revenue was unconstitutional but that it allowed a 1/3 minority of legislators in one House of the Legislature to veto any majority vote of the rest of the Legislators. Under this system the minority vote prevails and the minority rules, not the majority.

It is a negation of the idea of one person one vote, saying that on revenue issues, including repealing any tax loopholes, that  a State Legislator opposed to raising revenue  had the equivalent of 2 votes for every one vote that a State legislator had that supported raising revenue. The result was that the No vote of 17 State senators out of 49 Senators could negate the Yes votes of 32 Senators.  The minority position would win out which is what happened in almost all cases in the State Legislature while the 2/3 voting mandate was in place.

One could similarly make an argument that incumbents have an unfair advantage in running for office and need to be term limited. The equivalent to I-1053 in this instance would be if the voters agreed and passed an initiative saying that any incumbent Legislator running needed to get a supermajority vote to win or his opponent would win. Following the logic of I-1053, if the incumbent got 64% of the vote, but did not receive the 2/3 supermajority vote, then his opponent would win, even though he only got 36% of the vote. The goal of limiting re-election of incumbents would be accomplished by this action which lets a minority of voters make the decision as to who gets elected. Most voters seeing the results would cry foul. Fortunately this example is also now void as the Washington State Supreme Court specifically noted that Article II, sec. 22 of the Washington State Constitution “prohibits either the people or legislature from passing legislation requiring more than a simple majority for the passage of tax legislation – or any other ordinary legislation (highlighting mine).

Tim Eyman and his corporate donors for I-1185 which voters passed this last November argued that raising taxes should be harder than passing other legislation and that was why they should prevail. This is a political philosophy that represents the conservative Republican position. Yet running on that position against Democrats they have not been able to elect a majority of Republicans to the House or Senate in recent years. This year two so called Democratic Legislators, Senator Rodney Tom of the 48th LD and Senator Tim Sheldon, joined with 23 Republicans to take over the State Senate.

There is a clear difference between Republicans and Democrats on this issue that still persists. Republicans and Rodney Tom in the Senate rapidly passed SJR 8205 – Amending the Constitution to require a two-thirds majority vote of the legislature to raise taxes,  out of the Ways and Means Committee to the Rules Committee, 2nd reading. Fortunately for those who agree that allowing a minority position to prevail over the votes of a majority is undemocratic, the State Constitution put amending the State Constitution in a select category of legislation requiring a 2/3 vote by both the Senate and the House and a majority vote of the people in order to pass.

The State Constitution is the framework of state government and as such should be more difficult to amend than passing a general law or raising revenue or repealing tax exemptions which the voters can put on the ballot by referendum or elect new legislators who can change the law.  The absurdity of Eyman’s I-1053 and I-1185 2/3 voting mandate was that it allowed Legislators to pass tax exemptions by a simple majority vote but required a 2/3 vote to repeal them.

Eyman’s measures were strongly supported by corporate business interests like BP Oil, Conoco Phillips, Association of Washington Business, the Beer Institute and others which sought to both avoid any business tax increases or repeal of any of their tax loopholes. It was a Corporate Tax Loophole Protection Act not an act which helped most residents in Washington State because it resulted in the inability of the Legislature to raise new revenue or reform our tax system.

As noted by the broad based Washington coalition called Our Economic Future we have now cut about $10 billion dollars from the State Budget.  State college tuition has doubled in 4 years. It now costs to go to State Parks. State employees and teachers have lost their jobs. Public K-12 education funding has gone down. All kinds of funding to help the needy, handicapped, kids, and unemployed have decreased.  The future of our state’s economy is under attack as businesses and corporations report record profits.  We need a balanced approach to taxation and funding to help the people of Washington State move into a better future.

Contact your State legislators today and urge them to oppose SJR 8205 – Amending the Constitution to require a two-thirds majority vote of the legislature to raise taxes.  Go to www.leg.wa.gov and let your Legislator know you oppose a Constitutional Amendment to give a minority of Legislators veto power over the majority.

 

Four Bad Bills on Election Issues Before the Washington State Legislature

Tell Your Washington State Legislators What You Think!

The four bills listed below are before the Washington State Legislature and need to be opposed. Urge your Legislators not to support these bills.

Oppose SB 5291 – “modifies provisions relating to signing and receipt of ballots”

This bill says that voters must “return or mail the ballot to the county auditor so that the ballot is received by the county auditor no later than 8 PM the day of the election or primary.”

This bill eliminates the ability to mail ballots and have them postmarked on Election Day and still count. With the upcoming elimination of Saturday mail it means ballots will have to be mailed Thursday or Friday with no guarantee they will reach the Elections dept on Tuesday.

Tell your legislators you want to be able to mail your ballots up to and including Election Day and still have them count.

Oppose SB 5277 – “reducing costs and inefficiencies in elections”

This bill will eliminate the printing of the text of ballot measures in the Voter’s Pamphlet. You would have to look them up on the internet rather than having them available to read as you fill out the ballot. Not everyone has easy access to a computer and this bill will make it harder to understand what it is you’re being asked to vote on.

Tell your Legislators not to eliminate printing the text of initiatives and referendum in the Voter’s Pamphlet.

Oppose House Joint Resolutions 4201 and 4206 – These two resolutions propose that the Legislature approve and submit to the voters a constitutional amendment requiring that the majority vote now in the Washington State Constitution that is needed to raise revenue be raised to a 2/3 voting requirement by both Houses, effectively giving a 1/3 minority of State legislators veto power over any increases in revenue to fund state services like educating our kids or providing for health care. A 2/3 vote would also be needed to repeal any tax loophole while allowing a simple majority to create new loopholes.

Tell your Legislators you oppose turning the power of the Legislature to fund state services like educating our children over to a 1/3 minority of Legislators. Leave the Washington State Constitution as it is.  It does not need to be changed to benefit special interests and corporations.

Your Legislators can be sent e-mails at www.leg.wa.gov or you can call their offices directly and leave a message.  Or you can call the toll free hotline at 1-800-562-6000.