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CLT UPDATE
Wednesday, May 20, 2015

Another Tax Hike and Another "Promise"


The Boston Herald
Wednesday, May 20, 2015

A Boston Herald editorial
A promise betrayed

The state Senate has coughed up a bad tax policy two-fer — a plan that both violates the explicit will of Massachusetts voters and is built on a weak legal foundation. It’s quite an inauspicious beginning for new state Senate President Stan Rosenberg and his leadership team.

During a debate on their budget plan yesterday senators approved an amendment to expand the earned income tax credit for low-income families, which they pay for by freezing the state’s personal income tax rate at 5.15 percent. The rate freeze would be accompanied by an increase in the personal income tax exemption.

Now, perhaps senators believe it’s been so long since voters passed a law mandating a rollback in the income tax rate to 5 percent — it was back in 2000 — that they simply have forgotten about it. Good luck with that.

Senators who backed the plan dressed it up in elaborate rhetoric about income inequality. And they tied themselves in knots explaining why the scheme doesn’t really break faith with voters. Sen. Michael Rodrigues (D-Fall River) suggested that while voters in 2000 supported a tax cut, they didn’t say how their taxes should be cut.

In fact — they did.

Voters were very clear that the rate should be set at 5 percent. Senators may claim otherwise, but those who voted for the amendment yesterday were giving those voters the stiff-arm.

The Senate’s broad goal — to assist low-income families — is perfectly admirable. In fact Gov. Charlie Baker had the same idea. But he paid for his proposal to expand the EITC by suspending the state’s film tax credit program. We are fans of the film credit, but it is much easier to justify that revenue offset than it is to upend the tax system in what is, let’s face it, a scheme to establish a back-door graduated income tax.

Keep in mind that under the state Constitution so-called “money bills” must originate in the House. But even if the Senate can prove it’s on solid ground with this plan it is setting up a fight with the House, potentially pushing budget talks well past the July 1 start of the fiscal year.

Is this really how Rosenberg wants to begin his tenure?


The Senate on Tuesday approved a package of tax cuts aimed at helping the working poor and middle class, dismissing objections from Republicans and some Democrats that their vote would renege on a 15-year-old promise to voters to gradually roll back the income tax to 5 percent.

To pay for increased personal tax exemptions for individuals and married couples and a 50 percent expansion of the earned income tax credit for low-income families, senators voted 29-11 to permanently freeze the income tax rate at its current 5.15 percent rate....

Senate Minority Leader Bruce Tarr, whose amendment to double the EITC to 30 percent without freezing the income tax failed, said Democrats were "breaking faith with the voters" who in 2000 approved a reduction of the income tax to 5 percent that has never been fully realized.

Tarr said Republicans support tax relief for low-income families, but argued that the EITC expansion could be paid for without freezing the income tax. "We can't find some room to be able to afford the EITC?" Tarr asked, suggesting other spending choices in the $38 billion budget could be revisited, while also asserting there's a $163 million surplus in the fiscal 2015 budget.

The Gloucester Republican said Democrats had a "hidden agenda" of protecting the income tax as a revenue source while also "redistributing" wealth without having to amend the Constitution to implement a graduated income tax.

Sen. Viriato deMacedo, of Plymouth, also said that senators supporting the income tax freeze would not only be violating the trust of the voters and setting up a "challenging" negotiation with the House and governor, but would be going back on what he called a "balanced plan" from 2002 to gradually reduce the income tax burden without sacrificing services....

[Sen. Michael] Rodrigues, who said the budget amendment would guarantee a tax cut for every filer in Massachusetts next year, defended the freezing of the income tax rate.

"The voters did choose to reduce their personal income tax liability, but they were given no choice on the method. We are providing the same amount of tax relief to the voters of the Commonwealth by a different method. It's not a matter of if we provide that tax relief, but how we provide that tax relief," Rodrigues said.

To make it into law, the House would need to agree to the Senate's tax policy changes and they would need to be signed by Gov. Charlie Baker. The governor, who opposes higher taxes, and the House did not include any major tax increases or reductions in their budget proposals, and House Speaker Robert DeLeo doesn't believe the Senate should even be allowed to consider tax changes, which must originate in the House....

Massachusetts voters in 2000 passed a ballot question ordering the state income tax rate to be reduced from 5.95 percent to 5 percent. Lawmakers halted the reduction in 2002, when the rate was 5.3 percent, as part of a package of tax increases. Economic triggers have been hit in recent years, causing the income tax rate to fall to its current 5.15 percent.

Barbara Anderson, executive director of the group Citizens for Limited Taxation, called the income tax freeze to pay for the tax cuts "foolishness," suggesting that Baker had baited Democratic lawmakers when he proposed to trade the EITC expansion for the repeal of the film tax credit.

"They're just doing this to tweak the governor with the game that he started when he came up with this way too cute idea about doing a trade off," said Anderson, a driving force behind the 2000 ballot question to lower the income tax to 5 percent.

"They went the next step to throw it back at him. Let's see what we can trade with the governor before he breaks his pledge on the EITC. That's the new game," she said. "I can only hope after they've teased him they will remember it was the voters who said they wanted the income tax to go back to 5 percent."

Anderson also noted that the House showed "no interest in messing with the income tax rollback" during its budget debate, and she said doesn't think Baker will ultimately go along with a tax increase.

State House News Service
Tuesday, May 19, 2015
Senate approves income tax freeze to fund targeted tax relief


Senate Minority Leader Bruce Tarr wants to keep ratcheting down the state's personal income tax, proposing a budget measure that requires a rollback to 5 percent in the tax rate by 2017.

The Gloucester Republican's plan gradually reduces the tax rate over two years, from 5.15 percent this year to 5 percent, a level approved by voters 15 years ago. His is one of nearly 1,000 proposed amendments to the Senate's $38 billion spending plan for the budget year that begins July 1. The Senate's budget debate is set to begin Tuesday.

Tarr, whose proposal is backed by other Republicans, said Democrats in the Legislature have repeatedly failed to honor the will of voters by declining to lower the personal income tax to 5 percent.

"The voters have waited long enough," he said.

In 2000, voters overwhelmingly approved a referendum to reduce the tax rate from 5.95 percent to 5 percent over three years. The referendum aimed to lower the tax rate to 1998 levels.

Two years later, despite the vote, legislators froze the rollback at 5.3 percent and added a mechanism allowing the rate to fall only if growth in annual revenues met certain benchmarks.

Rollback supporters blasted lawmakers for defying the voters.

Since then, the income tax rate has trickled down to its current rate of 5.15 percent.

Tarr's plan faces long odds in the Democratic-led Senate, which has rejected previous efforts to reduce the tax rate.

Lowering to 5 percent would mean a $500 million hit to the state, according to the Department of Revenue. The most recent drop, from 5.2 to 5.15 percent, reduces tax collections in the next fiscal year by $145 million.

Fiscal watchdogs are worried that the Legislature will find more reasons to delay the tax reduction.

"Our concern is that they'll try to freeze the rate or even raise taxes again," said Barbara Anderson, president of Citizens for Limited Taxation, a Marblehead-based group that advocated the 2000 ballot initiative. "We should have been down to 5 percent years ago, but they've put it off again and again. It's time to honor the voters' will."

The Salem News
Wednesday, May 20, 2015
State Sen. Bruce Tarr wants tax rate lowered to 5 percent


Senate Democrats argued that under the state's flat tax system, the income tax cuts overwhelmingly favored wealthier individuals over working families. They also said every taxpayer would enjoy some tax relief on their 2015 taxes since their proposal also calls for increasing personal exemptions.

"Fourteen years ago the Red Sox were still talking about the Curse of the Bambino," said Sen. Benjamin Downing, a Pittsfield Democrat referring to the years passed since the ballot question. "We honored the will of the voters by continuing to make sure we have the same amount of total tax cuts. It's not a matter of if, it's a matter of how, and we judge that this way how is a better way for taxpayers."

Before approving the measure, the Senate rejected a proposal from Republican leader Bruce Tarr that called for doubling the state's earned income tax credit, but with no offsetting freeze in the income tax rate.

Tarr said the Democratic amendment would thwart the will of voters.

"If we allow this to go forward — and I certainly hope we won't — then we will have increased taxes beyond the 5 percent into perpetuity in order to pay for something we could have paid for with available funds," said the Gloucester Republican.

Associated Press
Wednesday, May 20, 2015
Senate freezes tax rate, hikes earned income credit


On the Senate floor, Republican lawmakers offered their own objections, arguing that the freeze would thwart the will of the voters, who approved a reduction in state income taxes in 2000 that was later slowed down — but not eliminated — by the Legislature.

Minority leader Bruce Tarr said the Senate “had the chance to keep faith, had the chance to honor the law, had the chance to honor the voters,” but seemed more interested in redistributing wealth....

The ultimate fate of the legislation is uncertain, given Baker’s opposition. House Speaker Robert A. DeLeo’s office declined to comment Tuesday. But he has disputed the Senate’s right to attach tax measures of any kind to the budget.

The state Constitution says all “money bills” must originate in the House of Representatives. The Senate maintains that, because the House version of the budget included an alteration to a tax credit, that opened the door for the Senate to weigh changes to tax policy.

The Boston Globe
Wednesday, May 20, 2015
Senate votes to increase state’s earned income tax credit
Baker, Senate split on covering cost


The Democrats' plan is a progressive one, which means the benefits would go primarily to those earning the least money. The lowest 20 percent of taxpayers – those earning less than $23,000 - would pay an average of $27 less on their taxes than they would if the income tax reduction went into effect but no other changes were made, according to an analysis conducted for Rosenberg by the liberal-leaning Massachusetts Budget and Policy Center. The lowest 60 percent of taxpayers – those earning up to $76,000 a year – would also, on average, receive an additional tax cut....

Downing said the change would help address income inequality by giving more money to lower income workers rather than giving an across-the-board cut that would help all taxpayers, but particularly wealthier taxpayers who pay the most in taxes. "It's about rewarding work, not just rewarding wealth," Downing said.

But Senate Republicans argue that the policy is in direct opposition to the will of voters.

Senate Minority Leader Bruce Tarr, R-Gloucester, said since the ballot question was passed in 2000, legislators have promised repeatedly that they would roll back the income tax rate to 5 percent. "This is a choice about saying do we stay within the framework of the law? Do we follow through on pledges made in this chamber since the ballot question was passed?" Tarr said.

State Sen. Vinny deMacedo, R-Plymouth, said the Democrats are trying to move in the direction of a graduated income tax, where richer people pay higher rates. "I think Massachusetts has been served well by the fair tax system," deMacedo said, in which everyone pays the same rate.

The Springfield Republican
Wednesday, May 20, 2015
Massachusetts Senate passes income tax rate freeze to pay for low-income tax credit


Chip Ford's CLT Commentary

The battle is on!

In Friday's CLT Update  ("Senate to begin debating its budget on Tuesday") I wrote:

"Bear in mind that a tax credit is different from a tax deduction. A tax deduction reduces the amount a taxpayer must pay when making out their tax returns each year. A tax credit is an annual direct payment from government to the recipient — whether that be a low-income worker or the film industry. Funding a doubling of the EITC should not come at the expense of the state's taxpayers ("freezing" the income tax rollback) just to continue support of the Hollywood film industry."

The Senate yesterday voted not to just "freeze" our and the voters' income tax rollback but to eliminate it altogether.

In an obvious effort to make taxation more "progressive" through the backdoor, the state Senate has voted to kill the voters' income tax rollback altogether and transfer the additional revenue it confiscates to "the most vulnerable among us," yet again.

Never mind whether the Senate can originate tax policy in its budget a constitutional prerogative of the House of Representatives being usurped by Senate President Rosenberg.  Without a graduated income tax constitutional amendment it is arguably a bigger problem for them by benefitting one class of taxpayers over another especially given the proponents' own statements that this would benefit the poor at the expense of the wealthier.

How ironic that one of the co-sponsors of this taxpayer attack is none other than poster boy Sen. Michael Rodrigues (D-Westport).  You might remember the senator from the CLT exposé of 2009 when he was a state rep, right after he voted to hike the sales and alcohol taxes:  Sept. 1, 2009 - Mass. state rep dodges new sales tax on liquor.  From our tip (and a member's photo catching him red-handed) the Boston Herald reported ("Pol nabbed on New Hampshire booze run"):

"A Westport lawmaker who voted to hike the state sales and alcohol taxes was spotted brazenly piling booze in his car - adorned with his State House license plate - in the parking lot of a tax-free New Hampshire liquor store, the Herald has learned.

"Michael J. Rodrigues’ blue Ford Crown Victoria, emblazoned with his “House 29” Massachusetts license plate, was parked outside a Granite State liquor store on Interstate-95 South over the weekend, according to a witness who provided pictures to the Herald."

But such blatant hypocrisy isn't surprising. It's too often SOP on Bacon Hill.  One of those senators who voted to stick a finger in taxpayers' eyes was "Multiple-Choice" Brian Joyce (D-Milton).  You might recall that CLT's 2˝ PAC endorsed him in a tough race for the Senate after he sponsored our income tax rollback bill — then our PAC publicly withdrew that endorsement when he betrayed the taxpayers by voting against the rollback. The Patriot Ledger reported it on May 23, 1998 ("Tax group withdraws Joyce endorsement").

Now the game is — again — to increase personal tax exemptions.  We've been there, done that already during this battle to Keep The Promise made in 1989.

In an obvious effort to derail our first income tax rollback attempt in 1998 the Legislature passed a doubling of the personal exemption beginning in tax year 1998 (a 73% increase, increasing to 100% in tax year 1999).  This adjustment was subsequently repealed by the Legislature in 2002 as part of "The Biggest Tax Increase in State History" at the same time it "temporarily froze" our income tax rollback at 5.3 percent and replaced it with "triggers."  It's those very "triggers" that the Senate has just voted to repeal as well.

Right, we should trust this "promise" — again.

How stupid do they think their constituents really are?

How Did Your Senator Vote?

ROLL CALL VOTE TO KILL THE INCOME TAX ROLLBACK

Chip Ford


 

State House News Service
Tuesday, May 19, 2015

Senate approves income tax freeze to fund targeted tax relief
By Matt Murphy


The Senate on Tuesday approved a package of tax cuts aimed at helping the working poor and middle class, dismissing objections from Republicans and some Democrats that their vote would renege on a 15-year-old promise to voters to gradually roll back the income tax to 5 percent.

To pay for increased personal tax exemptions for individuals and married couples and a 50 percent expansion of the earned income tax credit for low-income families, senators voted 29-11 to permanently freeze the income tax rate at its current 5.15 percent rate.

While proponents argued in favor of the tax cuts to help grow the middle-class and address wage stagnation, Republicans chastised the leaders behind the effort for proposing to pay for the tax cuts by halting the gradual decline of the income tax.

The amendment to the Senate's fiscal 2016 budget proposal, sponsored by Sens. Benjamin Downing and Michael Rodrigues, would increase the earned income tax credit by 50 percent over three years to 22.5 percent of the federal credit, costing the state about $145 million a year in tax revenue.

Over 415,000 tax filers in Massachusetts qualify for the earned income tax credit each year, according to Senate leaders, who said putting money back into the pockets of low-income families would also benefit the economy as the money is spent on local goods and services.

"Simply put, we haven't been helping working people. We haven't been helping the middle class. That's what this amendment would do. It would start to reconfigure our tax code to better help the working middle class, to better help the working poor, to help them get ahead at a time when their wages haven't caught up with the cost of health care, the cost of education or the cost of energy. It's a smart investment in the middle class," Downing said.

Senate Minority Leader Bruce Tarr, whose amendment to double the EITC to 30 percent without freezing the income tax failed, said Democrats were "breaking faith with the voters" who in 2000 approved a reduction of the income tax to 5 percent that has never been fully realized.

Tarr said Republicans support tax relief for low-income families, but argued that the EITC expansion could be paid for without freezing the income tax. "We can't find some room to be able to afford the EITC?" Tarr asked, suggesting other spending choices in the $38 billion budget could be revisited, while also asserting there's a $163 million surplus in the fiscal 2015 budget.

The Gloucester Republican said Democrats had a "hidden agenda" of protecting the income tax as a revenue source while also "redistributing" wealth without having to amend the Constitution to implement a graduated income tax.

Sen. Viriato deMacedo, of Plymouth, also said that senators supporting the income tax freeze would not only be violating the trust of the voters and setting up a "challenging" negotiation with the House and governor, but would be going back on what he called a "balanced plan" from 2002 to gradually reduce the income tax burden without sacrificing services.

Downing, a Pittsfield Democrat, said that since voters approved the income tax rollback at the beginning of the last decade 25 percent of the benefits flowed to top 1 percent of earners making an average annual salary of $2.57 million, and 67 percent of the tax cuts went to the top 20 percent of all income earners.

"That is the tax policy that we have in place right now in Massachusetts. If we do nothing, that status quo will remain," Downing said. "This is not about if we are going to give tax cuts here in Massachusetts. It's about how those tax cuts are delivered...It's about rewarding work and not just rewarding wealth."

Rodrigues, who said the budget amendment would guarantee a tax cut for every filer in Massachusetts next year, defended the freezing of the income tax rate.

"The voters did choose to reduce their personal income tax liability, but they were given no choice on the method. We are providing the same amount of tax relief to the voters of the Commonwealth by a different method. It's not a matter of if we provide that tax relief, but how we provide that tax relief," Rodrigues said.

To make it into law, the House would need to agree to the Senate's tax policy changes and they would need to be signed by Gov. Charlie Baker. The governor, who opposes higher taxes, and the House did not include any major tax increases or reductions in their budget proposals, and House Speaker Robert DeLeo doesn't believe the Senate should even be allowed to consider tax changes, which must originate in the House.

Gov. Baker earlier this year filed legislation to double the EITC to 30 percent of the federal tax credit, proposing to pay for the expansion by freezing the $80 million film tax credit program. He reiterated that position in a statement Tuesday from a spokeswoman who declined to say whether Baker might consider the income tax freeze.

"The Governor favors reducing the tax burden on all Massachusetts families and believes the best way to pay for his plan to boost support for low income workers is by phasing out subsidies for Hollywood movie producers," press secretary Lizzy Guyton said.

Democratic Sens. Michael Moore, James Timilty, Eileen Donoghue, Jennifer Flanagan and Ann Gobi joined with Republicans in opposing the tax amendment. Sen. Daniel Wolf, of Harwich, and Sen. Joan Lovely, of Salem, voted for both the Rodrigues-Downing amendment, and Tarr's amendment to double the EITC that did not have a financing mechanism.

Under the Democrats' plan, the average benefit for recipients of the EITC credit would jump from $315 to $470 annually. The maximum value of the EITC would rise from $937 to $1,405. The amendment would also increase the personal tax exemption for all taxpayers regardless of income by $400 to $4,800 for single individuals and by $800 to $9,600 for married couples.

Sen. Jamie Eldridge, another progressive Democrat from Acton, said Massachusetts had one of the most "regressive" tax structures in the country.

"There is not a more anti-poverty tool in this country than the earned income tax credit," Eldridge said.

Senators also backed an Eldridge amendment that would instruct the House-controlled Joint Committee on Revenue to draft legislation to restructure the film tax credit program with an eye toward limiting the total cost of the program and ensuring that more of the benefits flow toward Massachusetts businesses and workers.

Senate President Stanley Rosenberg said leaders hope any future savings generated from the restructuring of the film tax credit program could eventually be used toward a further expansion of the EITC program.

Rep. Jay Kaufman, a co-chair of the Revenue Committee, said the committee is already examining the possibility of restructuring the film tax credit.

"We've been looking at what to do with the film tax credit ever since the first hearing of the year based on the governor's proposal to eliminate it," Kaufman told the News Service. "There are conflicting reports on the efficacy of that and we have sent those reports to a series of economists to try to get a reading of which are credible and which are not and we are waiting for some feedback on those before I'm prepared to make a recommendation of what we'll do."

Massachusetts voters in 2000 passed a ballot question ordering the state income tax rate to be reduced from 5.95 percent to 5 percent. Lawmakers halted the reduction in 2002, when the rate was 5.3 percent, as part of a package of tax increases. Economic triggers have been hit in recent years, causing the income tax rate to fall to its current 5.15 percent.

Barbara Anderson, executive director of the group Citizens for Limited Taxation, called the income tax freeze to pay for the tax cuts "foolishness," suggesting that Baker had baited Democratic lawmakers when he proposed to trade the EITC expansion for the repeal of the film tax credit.

"They're just doing this to tweak the governor with the game that he started when he came up with this way too cute idea about doing a trade off," said Anderson, a driving force behind the 2000 ballot question to lower the income tax to 5 percent.

"They went the next step to throw it back at him. Let's see what we can trade with the governor before he breaks his pledge on the EITC. That's the new game," she said. "I can only hope after they've teased him they will remember it was the voters who said they wanted the income tax to go back to 5 percent."

Anderson also noted that the House showed "no interest in messing with the income tax rollback" during its budget debate, and she said doesn't think Baker will ultimately go along with a tax increase.


The Salem News
Wednesday, May 20, 2015

State Sen. Bruce Tarr wants tax rate lowered to 5 percent
By Christian M. Wade


Senate Minority Leader Bruce Tarr wants to keep ratcheting down the state's personal income tax, proposing a budget measure that requires a rollback to 5 percent in the tax rate by 2017.

The Gloucester Republican's plan gradually reduces the tax rate over two years, from 5.15 percent this year to 5 percent, a level approved by voters 15 years ago. His is one of nearly 1,000 proposed amendments to the Senate's $38 billion spending plan for the budget year that begins July 1. The Senate's budget debate is set to begin Tuesday.

Tarr, whose proposal is backed by other Republicans, said Democrats in the Legislature have repeatedly failed to honor the will of voters by declining to lower the personal income tax to 5 percent.

"The voters have waited long enough," he said.

In 2000, voters overwhelmingly approved a referendum to reduce the tax rate from 5.95 percent to 5 percent over three years. The referendum aimed to lower the tax rate to 1998 levels.

Two years later, despite the vote, legislators froze the rollback at 5.3 percent and added a mechanism allowing the rate to fall only if growth in annual revenues met certain benchmarks.

Rollback supporters blasted lawmakers for defying the voters.

Since then, the income tax rate has trickled down to its current rate of 5.15 percent.
Tarr's plan faces long odds in the Democratic-led Senate, which has rejected previous efforts to reduce the tax rate.

Lowering to 5 percent would mean a $500 million hit to the state, according to the Department of Revenue. The most recent drop, from 5.2 to 5.15 percent, reduces tax collections in the next fiscal year by $145 million.

Fiscal watchdogs are worried that the Legislature will find more reasons to delay the tax reduction.

"Our concern is that they'll try to freeze the rate or even raise taxes again," said Barbara Anderson, president of Citizens for Limited Taxation, a Marblehead-based group that advocated the 2000 ballot initiative. "We should have been down to 5 percent years ago, but they've put it off again and again. It's time to honor the voters' will."

Ahead of the budget debate, Senate President Stan Rosenberg gave lawmakers a green light to review tax policies, which are typically debated outside of the budget process. Some have proposed freezing or even increasing the income tax rate to fill revenue shortfalls and pay for the expansion of state programs.

One proposal, by Sen. Jamie Eldridge, D-Acton, freezes the state's income tax rate at 5.15 percent to cover the estimated $125 million cost of doubling the state's earned income tax credit.

Gov. Charlie Baker, a Republican who took office in January, has pledged to hold the line on taxes despite pressure to raise them to pay down a projected $1.8 billion revenue shortfall in the coming budget.

Baker attributes the deficit, in part, to the decrease of the state's personal income tax rate.

Meanwhile, interest groups are lobbying Baker and lawmakers to increase spending on everything from early education and substance abuse programs to the environment, transportation and court system.

Some fiscal policy groups say declining income tax revenue has drained money from vital programs.

Noah Berger, president of the Massachusetts Budget and Policy Center, a liberal think tank, said the state has forfeited about $3.3 billion a year in income tax revenue since rollbacks started in 2001.


Associated Press
Wednesday, May 20, 2015

Senate freezes tax rate, hikes earned income credit


The Massachusetts Senate waded into the debate over tax policy on Tuesday by voting to freeze the state income tax rate at 5.15 percent while gradually increasing the earned income tax credit for low-income working families.

The measure, backed by Democratic leaders, was approved 29-11 during the first day of Senate debate on the $38 billion budget for the fiscal year starting July 1. It must still win the backing of the House, which did not address tax changes when it passed its version of the spending plan last month.

The Senate amendment expands the state's earned income tax credit by 50 percent over the next three years, from the current 15 percent to 22.5 percent of the federal earned income tax credit. When fully implemented in 2017, backers say it will save the average low-wage earner, including thousands of single parents, about $470 a year.

To cover the anticipated $145 million cost of the expanded tax credit, the Senate froze the state's income tax rate at the current 5.15 percent, rather than allow it to drop incrementally to 5 percent over the next few years. Debate over the tax rate has churned on Beacon Hill since 2000, when voters approved a ballot question to cut the then-5.95 tax rate to 5 percent.

The Legislature later stepped in and set the rate at 5.3 percent, but with triggers that would allow the rate to fall incrementally until it settled at 5 percent.

Senate Democrats argued that under the state's flat tax system, the income tax cuts overwhelmingly favored wealthier individuals over working families. They also said every taxpayer would enjoy some tax relief on their 2015 taxes since their proposal also calls for increasing personal exemptions.

"Fourteen years ago the Red Sox were still talking about the Curse of the Bambino," said Sen. Benjamin Downing, a Pittsfield Democrat referring to the years passed since the ballot question. "We honored the will of the voters by continuing to make sure we have the same amount of total tax cuts. It's not a matter of if, it's a matter of how, and we judge that this way how is a better way for taxpayers."

Before approving the measure, the Senate rejected a proposal from Republican leader Bruce Tarr that called for doubling the state's earned income tax credit, but with no offsetting freeze in the income tax rate.

Tarr said the Democratic amendment would thwart the will of voters.

"If we allow this to go forward — and I certainly hope we won't — then we will have increased taxes beyond the 5 percent into perpetuity in order to pay for something we could have paid for with available funds," said the Gloucester Republican.

It was not immediately clear if Gov. Charlie Baker would accept the Senate amendment. The Republican has also called for doubling the tax credit but has proposed to pay for it by eliminating the state's 25 percent tax credit for filmmaking.

"The governor favors reducing the tax burden on all Massachusetts families and believes the best way to pay for his plan to boost support for low income workers is by phasing out subsidies for Hollywood movie producers," said Elizabeth Guyton, a Baker spokeswoman.

The Senate voted Tuesday to study the film tax credit to see if there's a way to target more of the program's benefits to Massachusetts residents and businesses.


The Boston Globe
Wednesday, May 20, 2015

Senate votes to increase state’s earned income tax credit
Baker, Senate split on covering cost
By David Scharfenberg


State senators voted Tuesday afternoon to expand a tax credit that benefits hundreds of thousands of low-income workers and quickly found themselves in a standoff with Governor Charlie Baker over how to pay for it.

The Senate legislation, which would increase the state’s earned income tax credit by half, would pay for the move by freezing in place the state’s income tax, which is otherwise expected to decline from 5.15 percent to 5.1 percent in January.

Proponents said the move would effectively shift the benefit of state tax cuts from the wealthy to working families, striking a small blow against income inequality.

“It’s about rewarding work and not just rewarding wealth,” said state Senator Ben Downing, a Pittsfield Democrat and coauthor of the bill, in a floor speech.

Baker, a Republican, put the earned income tax credit on the agenda in March when he proposed doubling it and paying for the measure, in part, by eliminating the state’s controversial film tax credit.

On Tuesday afternoon, the administration stuck by that approach. Lizzy Guyton, a spokeswoman for the governor, said Baker wants to pay for the expansion “by phasing out subsidies for Hollywood movie producers” rather than freezing the income tax in place.

On the Senate floor, Republican lawmakers offered their own objections, arguing that the freeze would thwart the will of the voters, who approved a reduction in state income taxes in 2000 that was later slowed down — but not eliminated — by the Legislature.

Minority leader Bruce Tarr said the Senate “had the chance to keep faith, had the chance to honor the law, had the chance to honor the voters,” but seemed more interested in redistributing wealth.

The Senate measure, an amendment to the $38 billion budget the chamber is weighing, does include a tax benefit for the broader public — increasing the standard personal exemption taxpayers can claim.

For single taxpayers, for instance, the exemption would jump from $4,400 to $4,800. For a married couple filing jointly, the exemption would increase from $8,800 to $9,600.

An analysis by the left-leaning Massachusetts Budget and Policy Center shows the mix of tax changes approved by the state Senate — freezing the income tax, increasing the earned income tax credit, and bumping up the personal exemptions — would have a relatively modest impact on most taxpayers when compared with the alternative: allowing the state income tax rate to decline, as expected, from 5.15 to 5.1 percent next year under a formula designed to eventually bring the rate down to 5 percent.

The analysis shows that the average taxpayer earning $23,000 to $47,000 would see a tax cut of $41 for the 2016 tax year, while the average filer earning $127,000 to $276,000 would pay $31 more.

Noah Berger, president of MassBudget, said the Senate proposal is worthwhile, despite relatively modest effects. “For low-income folks, a $40 or $50 tax cut can matter,” he said. “It can be helping to pay a month’s rent or [it can] put food on the table for a few days.”

Berger added the average benefit is depressed because some low-income people do not qualify for the tax credit.

Looked at in isolation, the average earned income tax recipient’s benefit would increase from $315 to $470 under the legislation, according to figures provided by Senate President Stanley C. Rosenberg’s office.

The ultimate fate of the legislation is uncertain, given Baker’s opposition. House Speaker Robert A. DeLeo’s office declined to comment Tuesday. But he has disputed the Senate’s right to attach tax measures of any kind to the budget.

The state Constitution says all “money bills” must originate in the House of Representatives. The Senate maintains that, because the House version of the budget included an alteration to a tax credit, that opened the door for the Senate to weigh changes to tax policy.


The Springfield Republican
Wednesday, May 20, 2015

Massachusetts Senate passes income tax rate freeze to pay for low-income tax credit
By Shira Schoenberg


The Democratic-led Massachusetts Senate on Tuesday voted for a plan that would freeze the current income tax rate, rather than lowering it, and use the savings to pay for tax cuts that would primarily benefit low and middle income families.

"We are providing the same amount of tax relief to the voters of the commonwealth by a different method," said State Sen. Michael Rodrigues, D-Westport, chairman of the Joint Committee on Revenue.

The Senate voted 29 to 11 to adopt the plan, with five Democrats joining all six Senate Republicans in opposing it.

Massachusetts voters in 2000 voted to reduce the income tax rate from 5.9 percent to 5 percent. The Legislature decided to reduce the rate gradually based on certain economic triggers. It is now at 5.15 percent and is scheduled to drop to 5.1 percent in 2016.

Senate Democrats – led by Senate President Stan Rosenberg, D-Amherst, Rodrigues, and Sen. Ben Downing, D-Pittsfield – want to freeze the income tax at the current rate, which would save the state approximately $145 million next year.

Under the Senate Democrats' plan, the state would use that money to increase the earned income tax credit, which primarily benefits low-income, working families with children. It would also increase the size of the personal income tax exemption for all taxpayers.

The Democrats' plan is a progressive one, which means the benefits would go primarily to those earning the least money. The lowest 20 percent of taxpayers – those earning less than $23,000 - would pay an average of $27 less on their taxes than they would if the income tax reduction went into effect but no other changes were made, according to an analysis conducted for Rosenberg by the liberal-leaning Massachusetts Budget and Policy Center. The lowest 60 percent of taxpayers – those earning up to $76,000 a year – would also, on average, receive an additional tax cut.

However, the top one percent of earners – those making more than $778,000 – would pay an average of $961 more on their taxes next year than they would have if the income tax reduction went into effect but no other changes were made. Essentially, the top 20 percent of earners (those making more than $127,000 annually) would be almost exclusively the ones paying higher taxes than they would have without the policy change.

Senate leaders stress that no one's taxes will go up from what they are paying today. The difference is that a scheduled tax cut will be restructured so that it primarily helps poorer taxpayers rather than wealthier taxpayers.

Downing said the change would help address income inequality by giving more money to lower income workers rather than giving an across-the-board cut that would help all taxpayers, but particularly wealthier taxpayers who pay the most in taxes. "It's about rewarding work, not just rewarding wealth," Downing said.

But Senate Republicans argue that the policy is in direct opposition to the will of voters.

Senate Minority Leader Bruce Tarr, R-Gloucester, said since the ballot question was passed in 2000, legislators have promised repeatedly that they would roll back the income tax rate to 5 percent. "This is a choice about saying do we stay within the framework of the law? Do we follow through on pledges made in this chamber since the ballot question was passed?" Tarr said.

State Sen. Vinny deMacedo, R-Plymouth, said the Democrats are trying to move in the direction of a graduated income tax, where richer people pay higher rates. "I think Massachusetts has been served well by the fair tax system," deMacedo said, in which everyone pays the same rate.

Gov. Charlie Baker, a Republican, had proposed doubling the earned income tax credit, and partially paying for it by eliminating a tax credit for film production. Senate leaders do not want to eliminate the film tax credit, though they would make some changes to focus the credit on in-state workers.

Under the Senate plan, the earned income tax credit would increase from 15 percent of the federal credit to 22.5 percent. The increase would be implemented over three years. That means the average credit would go from $315 to $470 per person. More than 400,000 Massachusetts residents claim this tax credit, which goes to people who are working and have incomes of up to $52,400 for a couple with three children.

Asked whether Baker would support the Senate plan, Baker spokeswoman Lizzy Guyton said, "The Governor favors reducing the tax burden on all Massachusetts families and believes the best way to pay for his plan to boost support for low income workers is by phasing out subsidies for Hollywood movie producers." Baker opposes freezing the income tax rate.

Also under the Senate plan, the personal exemption – the amount of a person's income that is exempt from taxes - would go from $4,400 to $4,800 for an individual and from $8,800 to $9,600 for a married couple filing jointly. This would apply to all taxpayers.

Tarr proposed an amendment that would have increased the earned income tax credit gradually to 30 percent of the federal tax break. Tarr did not propose a means of paying for it, saying only that given the size of the budget and an expected increase in revenue, "We ought to be able to find room for this modest investment in low wage earners in this commonwealth."

The Senate rejected Tarr's amendment, 32 to 8, after Rodrigues urged the Senate to "be responsible" and identify a revenue source before implementing a $145 million tax credit. Two Democrats joined six Republicans supporting Tarr's amendment.

Even if the plan passes the full Senate in the final budget vote, it must still be approved by a team of House-Senate negotiators, then passed by both bodies and signed by Baker.

Seth Gitell, a spokesman for House Speaker Robert DeLeo, D-Winthrop, said, "Speaker DeLeo will refrain from commenting during the ongoing Senate budget debate."

The total Senate budget is around $38 billion. Debate will continue throughout the week.

 

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