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CLT UPDATE
Thursday, February 10, 2011

NY following NJ in push for our Prop. 2½ style tax cap


 

Something happens as the green "Welcome to New York" sign fades in the rearview mirror when you cross into Massachusetts: Taxes go down.

They are lower on clothing purchases. On gasoline, on furniture, on alcohol and on a range of goods and services. On businesses. And personal income is taxed at a lower rate.

But, most noticeably, property taxes are lower.

As a result of a 30-year-old law limiting their annual growth -- the kind of plan under debate in the New York State Capitol -- sharply rising property taxes no longer dominate kitchen table discussions in Massachusetts....

For advocates of limiting property tax increases in New York, Massachusetts is the example of a high-tax state that tried to right its ways.

The commonwealth, like New York, has budget problems and is by no means a tax haven. But, as homebuyers and any real estate agent will tell you, crossing over the border can save thousands of dollars a year in property taxes.

"We would wish our brother and sister taxpayers in New York the same benefits that we have," said Barbara Anderson, executive director of the Boston area-based Citizens for Limited Taxation.

Anderson was a leader in the 1980 voter referendum that led to Proposition 2½, which capped the increase in the property tax levy by localities at 2.5 percent annually....

I can't even imagine what it would have been like here without the cap," said Anderson. Her group worked with then-Gov. Eliot L. Spitzer several years ago when he tried, and lost, to get a limit in New York.

She warns New Yorkers not to be lulled into thinking a limit will come close to cutting property taxes. Massachusetts voters have been "reasonable" in approving overrides if localities can justify the higher levies, she said.

"After the cap, there was the sudden realization by local officials that we were their employers," Anderson said. "Before, parents were treated with utter disdain by districts. Now they know they need parents in order to be able to sell overrides." ...

"Voters see Proposition 2½ as something that is theirs, and nobody is going to take it away from them," said Anderson, the early tax cap proponent.

The Buffalo News
Sunday, February 6, 2011
Massachusetts offers less-taxing lifestyle
Limit on increases envied in New York


Chip Ford's CLT Commentary

When Barbara and I met New Jersey Governor Chris Christie last October at a Charlie Baker for Governor campaign rally, I noted in my follow-up report how CLT had provided him and his administration with information on our Proposition 2½ and its history. Playing hardball politics, Gov. Christie got his state property tax cap passed through the NJ legislature:

Barbara asked Gov. Christie to tell the crowd about his version of Proposition 2½. Earlier this year CLT worked with his staff and NJ Republican legislators to help draft and sell it to a reluctant NJ legislature, predominantly Democrat. (NJ doesn’t have the initiative petition process). When it wasn't included in the legislature's budget he vetoed it -- then recalled and held the legislature hostage over the 4th of July weekend -- "See you tomorrow," he replied day after day when they kept resisting. The NJ legislature finally gave in, gave Christie and taxpayers their property tax relief!

Next in line appears to be New York.

CLT is where the policy leaders come when they want to learn how we did it, thirty years ago. New York apparently is moving in our direction. We're always happy to pass along our suggestions, advice, and experience.

It's amazing to discover that eastern New York citizens living near our western border look to our side when considering the purchase of a home, because Massachusetts has Proposition 2½ and here we have some control over our property tax rates.

In her October 30 column ("Tax cuts then and now"), Boston Globe columnist Renée Loth recognized:

Thirty years ago, Massachusetts voters overwhelmingly passed Proposition 2½, the ballot initiative to cut an unthinkable $1.5 billion from local property (and auto excise) taxes — almost 20 percent of all state and local revenues at the time. A riled-up populace voted itself this colossal tax cut by a margin of 17 points, ignoring the dire warnings of slashed services by pickle-faced politicians....

Now that the yowling infant is a respectable adult, most people feel fondly toward the tax-cap measure. Indeed, some supporters of Question 3, the sales-tax rollback on this year’s ballot, cite the success of Prop. 2½ to defend their views.

Most people here sure do feel fondly of it -- especially those burdened with property taxes, once completely out of control.

And many of those without a property tax cap of their own are feeling envious.

One state after another, some are even doing something about it -- even if thirty years later.

Chip Ford


 

The Buffalo News
Sunday, February 6, 2011

Massachusetts offers less-taxing lifestyle
Limit on increases envied in New York
By Tom Precious
NEWS ALBANY BUREAU

Massachusetts offers less-taxing lifestyle
Limit on increases envied in New York


WEST STOCKBRIDGE, Mass. -- Something happens as the green "Welcome to New York" sign fades in the rearview mirror when you cross into Massachusetts: Taxes go down.

They are lower on clothing purchases. On gasoline, on furniture, on alcohol and on a range of goods and services. On businesses. And personal income is taxed at a lower rate.

But, most noticeably, property taxes are lower.

As a result of a 30-year-old law limiting their annual growth -- the kind of plan under debate in the New York State Capitol -- sharply rising property taxes no longer dominate kitchen table discussions in Massachusetts.

"I can't remember the last time I talked about anyone's property taxes," said Carl Bradford, a retired financial planner whose large colonial home sits a couple miles from the New York border. His property tax bill is at least a third less than that of a comparable home across the border.

Unequal tax burdens

Homeowners in Massachusetts pay far less in property taxes
than their neighbors in New York

Location            Assessed at         Asking price         Taxes
West Stockbridge, Mass.     $318,800    $299,000    $2,997
Copake, N.Y.    $276,000    $299,000    $7,173
West Stockbridge, Mass.   $336,800    $309,000    $3,166
Hillsdale, N.Y.    $330,000    $305,000    $5,285
Egremont, Mass.    $326,000    $295,000    $2,265
Canaan, N.Y.    $313,000    $289,000    $6,307

Bradford looked a bit confused when asked if property taxes ever made him think about retiring elsewhere.

"It's never occurred to me," Bradford said as he cleaned snow off a neighbor's car one recent day.

His house in western Massachusetts -- a mostly rural area but a cultural mecca, especially in the summertime -- is worth nearly $600,000. His tax bill is about $4,500.

Just 45 minutes away, in the Albany suburbs, the owner of a house worth half as much is likely to pay nearly twice as much in property taxes.

"I think of leaving because of the cold, but not because of real estate taxes," he said.

Welcome to the state once known as Taxachusetts.

For advocates of limiting property tax increases in New York, Massachusetts is the example of a high-tax state that tried to right its ways.

The commonwealth, like New York, has budget problems and is by no means a tax haven. But, as homebuyers and any real estate agent will tell you, crossing over the border can save thousands of dollars a year in property taxes.

"We would wish our brother and sister taxpayers in New York the same benefits that we have," said Barbara Anderson, executive director of the Boston area-based Citizens for Limited Taxation.

Anderson was a leader in the 1980 voter referendum that led to Proposition 2½, which capped the increase in the property tax levy by localities at 2.5 percent annually.

Controlling property taxes is all the buzz in Albany today. Gov. Andrew M. Cuomo wants to limit increases. The Senate passed such a bill. And Assembly Speaker Sheldon Silver, whose legislative house has blocked previously proposed limits, is cozying up to the idea.

But substantive talks have yet to begin, and considerable pushback has arisen from interests that rely on property taxes for everything from social programs to teacher paychecks.

In Massachusetts, supporters of Proposition 2½ could bypass the Legislature and go directly to voters with a statewide ballot initiative, which New York State does not permit.

The Massachusetts law does not mean the annual increase in a homeowner's property tax bill is capped at 2.5 percent. The figure is the ceiling on additional real estate tax revenue that a locality can raise each year.

Exemptions to the limit include revenues resulting from new housing developments, which were considerable in boom years, or expenses for debt and capital programs, like a new school wing.

Voters can override the limit and have done so more than 3,000 times since 1980, something the original backers said they never imagined would happen so often.

Overrides are more common in wealthier towns or those with a large number of students in public schools. In the past decade, overrides averaged 38 per year. But during the economic downturn, that figure has been cut nearly in half, according to the Massachusetts Department of Revenue.

The exemptions and overrides mean tax rates can vary widely, even within counties, and tax bills still can soar.

A new tax reputation

Massachusetts had the nation's highest property taxes when Proposition 2½ was adopted.

In recent years, it has hovered between eighth and 12th place, based on different measures. The total amount of property taxes localities collected has risen about 5.5 percent annually since 2000, according to the Massachusetts Tax Foundation.

In New York State, according to data from State Comptroller Thomas P. DiNapoli, property taxes are up 6.6 percent annually since 2000, excluding New York City, where property taxes are low and exempt from any state measures.

But consider this: Since the limit took effect, per capita residential and commercial real estate taxes, adjusted for inflation, have risen by 23 percent in Massachusetts.

That compares with 53 percent in New York State, according to a run of the data compiled by the Tax Policy Center, a joint venture of the Urban Institute and the Brookings Institution.

Measured against income levels, property taxes have dropped in Massachusetts but remained flat in New York.

Homeowners living on the border hear that message.

"Realtors in Massachusetts do use the taxes as a selling point," said Martha Piper, a broker associate with Stone House Properties in West Stockbridge.

"The difference in taxes is almost double between the border," said Ed Hoe, president of Kinderhook Real Estate Co., an agency based in Columbia County, N.Y., that does business on both sides of the border. Homebuyers use the tax difference to try to work better deals for houses on the New York side, he said.

"What it ends up doing is having an adverse effect on value or what people are willing to pay in New York State," he said.

In 2009, property owners in Massachusetts' Berkshire County, where the median home value was $208,500, paid a median of $2,386 in property taxes. As a percentage of home value, that ranked the county 296th in the nation, according to the Washington-based Tax Foundation, which uses U.S. Census data.

In New York's nearby Rensselaer County, the median property tax bill was $3,749, ranking the county 43rd in the percentage of home value. Across the state in Erie County, the median tax was lower -- $3,119 -- but the median home value was $119,900, making the county the sixth highest in the nation for taxes as a percentage of value.

The nation's highest average property tax bill: $9,000 a year in Westchester County.

In Massachusetts, Middlesex County, outside Boston, had that state's highest average property tax bill in 2009 -- $4,400, Tax Foundation reports.

Change in attitude

Proposition 2½ has prompted several changes in Massachusetts.

Critics say it reduced services, especially in the early years, in such areas as public education before the state stepped in during the early 1990s with more money for school districts.

But Massachusetts also has undergone a tax attitude change.

Soon after the limit was imposed, more fire agencies and schools merged. Some villages got rid of their local police departments. By the end of the 1990s, county governments -- which cannot impose their own separate sales tax -- were all but abolished, except for providing a few services such as running jails. Unlike New York, where property owners can receive separate bills for county, municipal and school taxes, Massachusetts residents receive a single bill.

The limit has affected other taxation.

In 1980, Massachusetts had the nation's second highest state and local tax burden, only slightly behind New York.

By 2008, Massachusetts was number 23 -- at $3,600 per capita.

By comparison, New York, at $4,850 per capita, ranked second and was waging a pitched battle against New Jersey for first place, according to U.S. Census data compiled by the Tax Foundation.

New York has the sixth highest sales taxes, while Massachusetts is number 31.

"I can't even imagine what it would have been like here without the cap," said Anderson. Her group worked with then-Gov. Eliot L. Spitzer several years ago when he tried, and lost, to get a limit in New York.

She warns New Yorkers not to be lulled into thinking a limit will come close to cutting property taxes. Massachusetts voters have been "reasonable" in approving overrides if localities can justify the higher levies, she said.

"After the cap, there was the sudden realization by local officials that we were their employers," Anderson said. "Before, parents were treated with utter disdain by districts. Now they know they need parents in order to be able to sell overrides."

Since the limit, property taxes as a percentage of income for Massachusetts residents have fallen from 76 percent above the national average to 13 percent higher than the average, according to the Center on Budget and Policy Priorities in Washington.

The group warned that state aid for localities has been on a roller coaster over the years and that the limit arbitrarily ignores the true costs of government, such as rising heating costs for agencies or paying for mandated special-education programs. It also finds greater disparity between services in rich and poor communities because the wealthy can better override the limit to hire more teachers or build new parks.

Inflation last year ran at about 1.5 percent. But when the 1980 measure was approved, prices were rising at double digit levels, making a 2.5 percent cap a jolt at the time.

"There were extreme disruptions to local systems in the beginning," said Paul Toner, president of the 107,000-member Massachusetts Teachers Association union. In New York, teachers unions are among the loudest critics of a tax increase limit.

Source of conflicts

The limit has not always promoted neighborly ways, Toner said.

"Overrides become very divisive in communities. Supporters feel resentful that others are unwilling to support services, so parents with kids get mad at seniors who don't want to pay for more school aid," he said.

In some communities, zoning barriers are erected to prevent affordable housing projects because residents don't want to fund higher school costs for more children moving in.

Schools were especially squeezed by Proposition 2½, critics have said.

But if standardized test scores are a measure, Massachusetts' student performance has only improved. Today, Massachusetts scores higher than New York in nearly every fourth- and eighth-grade reading, math and writing test. In fact, Massachusetts is ranked number one in the nation in fourth- and eighth-grade math and reading, while New York students place from 16th to 32nd overall in the nation, federal numbers show.

Yet, New York spent the second most -- $16,794, per pupil in 2008, compared with $13,667 in Massachusetts, which ranks ninth, according to the U.S. Department of Education.

Toner agrees Massachusetts students rank high even against global standards, but says demographics -- such as higher income levels -- are a factor. He also points to major achievement gaps between suburban students and low-income urban students.

Has Proposition 2½ been a failure?

"I can't say that it's been a failure," Toner responded. "However, it has certainly had its shortcomings."

Massachusetts residents say tax limits cannot live in a vacuum.

"The state embarked on a very ambitious local aid program that supplemented property tax revenues. Without that local aid from the state, the municipalities would have collapsed," said Andrew Bagley, research director at the Massachusetts Taxpayers Association, a nonpartisan policy group. "Yes, you can control property taxes. It just means the money has to come from somewhere else -- unless you want to eliminate services," he said.

Last year, according to Bagley's group, total property tax revenue, reflecting the impact of such factors as exemptions and overrides, grew 4.1 percent statewide, compared with the average annual increase of 5.5 percent over the last decade.

Lower tax burden

Proposition 2½ has had many effects beyond homeowners.

It has made localities work harder to convince voters to pay more in taxes, backers say.

For businesses, which pay property taxes, the limit was among the factors that last month ranked Massachusetts 32nd in the nation in business tax burden, according to the nonpartisan Tax Foundation. At number 50, or worst in the nation, is New York.

"It has lowered the overall tax burden that individuals in Massachusetts have had to pay. It was a success in that," said Kail Padgitt, staff economist at the Tax Foundation.

In New York, localities say they can't deal simultaneously with a limit on tax increases and cuts in state aid -- unless the state seriously reforms outlays for public workers' pensions or various unfunded mandates requiring certain services.

"You have to do both," Cuomo recently said of a tax increase limit and mandate relief.

But while Cuomo has talked of a need to reduce taxes quickly, his recent bill would not take effect until next year. Some fiscal conservatives worry that localities and schools will take advantage of the delay by sharply increasing taxes this year.

Back in Massachusetts, Proposition 2½ has become the third rail for even the most liberal-leaning lawmakers. To dare suggest getting rid of it would end a politician's career, even its critics say.

"Voters see Proposition 2½ as something that is theirs, and nobody is going to take it away from them," said Anderson, the early tax cap proponent.

 

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Citizens for Limited Taxation    PO Box 1147    Marblehead, MA 01945    508-915-3665