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CLT UPDATE
Sunday, July 19, 2015

Gov. Baker signs $38.1 B budget no tax hikes


Gov. Charlie Baker on Friday signed an annual budget bill that invests in local aid, transportation and substance abuse treatment while slowing spending growth to 3 percent, triggering an MBTA fiscal control board, and preserving a business tax deduction that was on the chopping block all week.

Baker vetoed $162 million from the $38.1 billion spending plan, drawing serious concerns from the Senate's top Democrat. The vetoes included $5.25 million in University of Massachusetts funding, $200,000 for a state climatologist and $17.6 million in kindergarten expansion grants....

The House, which initiates action on veto overrides and budget amendments, will take time to review Baker's budget moves. The next formal House session is currently scheduled for Wednesday, July 29.

Baker's vetoes included $38 million in spending earmarks authored by lawmakers, setting up a series of potential clashes with legislators who believe they are most attuned to local spending priorities.

The budget contains no new taxes, Baker said at a press conference, while limiting spending growth to 3 percent and assuming an income tax cut from 5.15 percent to 5.1 percent on Jan. 1. The budget delivers tax relief to low-income workers by expanding the state's earned income tax credit and a Baker amendment preserves, but delays a business tax deduction that lawmakers last week chose to eliminate.

State House News Service
Friday, July 17, 2015
Baker trims $162 million from budget, names MBTA control board


Facing pressure from business groups over the Legislature's surprise plan to repeal a corporate tax break to pay for an expansion of the earned income tax credit, Gov. Charlie Baker on Friday announced a deal with House and Senate leaders to preserve the deduction and still deliver on tax relief for low-income families.

With Baker poised to sign the budget Friday afternoon, the governor, House Speaker Robert DeLeo and Senate President Stanley Rosenberg said they had an agreement to further delay the implementation of the FAS 109 tax deduction, which would be available to certain publicly traded corporations, for five years and increase the amount of time over which a company can claim the deduction from seven to 30 years.

The deal, according to officials, will create space in the budget to pay for an expansion of the earned income tax credit without repealing the FAS 109 deduction, which has never been implemented since its passage in 2008 as part of a deal with businesses over "combined reporting" tax reforms....

Baker last week said he viewed trading the corporate tax deduction for tax relief to low-income workers as a "good thing." In the ensuing days, business lobbyists have pressured the governor to come up with an alternative to repealing the deduction, which they claim will enable businesses to accurately reflect depreciation in the value of assets, for tax purposes.

State House News Service
Friday, July 17, 2015
Baker, legislative leaders strike deal to keep biz tax deduction


The budget that Charlie Baker signed into law this afternoon has one predominant priority: Filling the state’s $1.8 billion deficit.

Beyond that, this budget leaves little room for big investments. However, it does expand the governor’s authority over the MBTA, and it also includes a last-minute deal to provide more money to low-wage workers.

Only one thing remains uncertain: the fate of proposals Baker vetoed. We will soon see if the Legislature pushes back and tries to reinstate them....

Only one step remains. When the governor signed the budget today, he didn’t really sign the whole thing. Instead, he used his line-item veto to exempt a variety of provisions that the Legislature had wanted.

If they choose, legislators can turn right around and try to override the governor’s vetoes. All that’s required is a two-thirds vote in both houses, which isn't too high a bar in Massachusetts given that Democrats control roughly 80 percent of both the House and Senate.

The Boston Globe
Friday, July 17, 2015
What’s in the state budget?


Business leaders screamed and hollered, and the leaders on Beacon Hill listened.

House Speaker Robert DeLeo and Senate President Stanley Rosenberg reversed course Friday on their plans to eliminate a corporate tax deduction after hearing complaints that the repeal would worsen the impression that Massachusetts is an unpredictable place to do business.

It’s hard to imagine that something as bureaucratic sounding as “FAS 109” would inspire much passion. But a number of companies rely on this tax deduction in their accounting of liabilities — even though lawmakers have delayed it from taking effect every year since its creation in 2008....

This new plan would instead delay the deduction’s implementation for another five years, and then phase in the deduction over a 30-year period instead of seven years. That would shrink the annual cost to the state to under $20 million a year....

The state Department of Revenue reported in 2009 that more than 120 companies had claimed the new deduction, and three companies in particular accounted for roughly half of the corporate tax savings.

The Boston Globe
Saturday, July 18, 2015
Beacon Hill leaders keep corporate tax deduction intact


Supreme Court Justice Louis Brandeis famously characterized the states as “laboratories of democracy,” in which policy makers are free to try “novel social and economic experiments without risk to the rest of the country.” When those experiments succeed, they provide a model for other states to emulate. Even when they fail, other states can benefit from the lessons learned.

One such experiment — lucrative tax credits for the film industry — has been tried out in many state laboratories over the past decade and a half. As many as 44 states have offered the subsidies, among them Massachusetts, which is currently spending $80 million yearly in givebacks to Hollywood producers. The tax credits have their ardent defenders; what corporate-welfare program doesn’t? But the results haven’t lived up to the hype. Almost nowhere have the lavish subsidies led to a robust, homegrown movie industry, or sparked the level of economic growth and job-creation that would justify so much sacrificed revenue.

This page applauded Governor Charlie Baker’s proposal to end the tax subsidies. The Legislature’s refusal to do so amounts to nothing less than throwing tens of millions of dollars’ worth of good money after bad....

Brandeis’s “labs” have experimented, and the results have been consistent: Film-industry incentives make for bad tax policy. Other states are calling “Cut!” on their handouts to producers. Massachusetts should too.

A Boston Globe editorial
Friday, July 17, 2015
Bringing an end to film tax credits


Chip Ford's CLT Commentary

On Friday Governor Charlie Baker signed his first budget.  As I reported here last week ("Taxpayers dodge a tax-hike bullet" July 8), the House/Senate conference committee removed the Senate's misguided provision to again "freeze" the voters' income tax rollback, passed on the 2000 ballot and yet to reach the historic 5 percent last seen back in 1989 when it was hiked "temporarily."  The income tax rate is expected to decrease from 5.15% to 5.1% in January on its way back down to 5% from its high of 6.25%.

The Legislature accomplished replacing the Senate's income tax rollback "freeze with a repeal of  the big multinational corporate tax deduction that was adopted in 2008 but never implemented.  This caught the multinational corporations by surprise and they responded angrily.  Again the Legislature and Governor found a compromise that seems to have satisfied the corporate world.  Instead of outright repealing the deduction they've stretched it out over thirty years.  The Boston Globe reported:

"This new plan would instead delay the deduction’s implementation for another five years, and then phase in the deduction over a 30-year period instead of seven years. That would shrink the annual cost to the state to under $20 million a year."

Taxpayers wonder why the Legislature refuses to defund the film tax credit boondoggle that continues to provide tens of millions of dollars’ worth of deferred state revenue an annual $80 million windfall to Hollywood movie producers.  The Boston Globe editorial noted:

"According to the Massachusetts Budget and Policy Center, the film program has generated only 430 net jobs each year for Massachusetts residents. Those jobs paid an average salary of $70,000, yet each one cost the state more than $119,000. Similarly, the subsidies have returned only about 14 cents in new revenue to the Commonwealth for every taxpayer dollar forgone."

Gov. Baker line-item vetoed $162 million from the Legislature's $38.1 billion FY2016 budget, including $38 million in spending earmarks inserted by individual lawmakers.  It'll be interesting in the days ahead to see how much of those spending cuts remain when the Legislature confronts them.

Chip Ford


 

State House News Service
Friday, July 17, 2015

Baker trims $162 million from budget, names MBTA control board
By Michael Norton and Andy Metzger


Gov. Charlie Baker on Friday signed an annual budget bill that invests in local aid, transportation and substance abuse treatment while slowing spending growth to 3 percent, triggering an MBTA fiscal control board, and preserving a business tax deduction that was on the chopping block all week.

Baker vetoed $162 million from the $38.1 billion spending plan, drawing serious concerns from the Senate's top Democrat. The vetoes included $5.25 million in University of Massachusetts funding, $200,000 for a state climatologist and $17.6 million in kindergarten expansion grants.

Coming 17 days into the new fiscal year, the budget sets state government out on a path to accomplish scores of new directives, but Baker's vetoes and budget amendments as well as a new fiscal 2015 mini-budget represent near-term considerations for the Legislature.

The House, which initiates action on veto overrides and budget amendments, will take time to review Baker's budget moves. The next formal House session is currently scheduled for Wednesday, July 29.

Baker's vetoes included $38 million in spending earmarks authored by lawmakers, setting up a series of potential clashes with legislators who believe they are most attuned to local spending priorities.

[Veto details: http://www.mass.gov/bb/gaa/fy2016/app_16/hvetosummary.htm]

The budget contains no new taxes, Baker said at a press conference, while limiting spending growth to 3 percent and assuming an income tax cut from 5.15 percent to 5.1 percent on Jan. 1. The budget delivers tax relief to low-income workers by expanding the state's earned income tax credit and a Baker amendment preserves, but delays a business tax deduction that lawmakers last week chose to eliminate.

It uses $600 million in one-time solutions but for the first time in four cycles does not draw from the state's rainy day fund, which state officials are trying to build back up after years of withdrawals.

Baker on Friday signed off on a budget rider creating an MBTA Fiscal and Management Control Board, which he said will meet on Tuesday. Baker named Meridiam Infrastructure partner Joe Aiello to chair the new volunteer board and appointed Lisa Calise, Brian Lang, Steve Poftak and Monica Tibbits-Nutt to the board.

The governor approved language allowing the University of Massachusetts to retain tuition payments, a reform that's been discussed for years but broke through in this year's budget talks.

Baker said that by delaying the implementation by several years a corporate tax deduction known as FAS-109 rather than eliminating it, the state would avoid a "bad faith break," which risked sending a bad message to the business community.

Lepore said businesses that qualify for the deduction will receive the full total $535 million spelled out in a 2008 law, though it will be spread over 30 years starting in about a half a decade. If the law had been repealed rather than delayed, companies would have had to write off their expected future savings all at once, Lepore said.

House Speaker Robert DeLeo and Senate President Stanley Rosenberg, who sent Baker a budget that would have repealed that tax deduction, agreed with the governor on his alternative proposal.

Baker's chief budget writer said the spending bill enacted by the Legislature required about $300 million in solutions, a problem lessened considerably by the State Lottery revenues coming in over projections. Lepore said the state budget previously had been over-optimistic about non-tax revenue, under-estimated the needs for programs that will need additional spending, and said the Legislature's budget was $83 million larger than Baker's plan.

Lepore said the governor was able to veto about $69 million based on revised spending projections and programs that had not yet been initiated were also targeted for budget cuts.

The budget sent to the governor included 487 earmarks and Baker vetoed 189 of them, Lepore said.

Legislative leaders said the bottom line on their budget was $38.1 billion, and even after cutting $162 million, the Baker administration says its budget is also $38.1 billion. A Baker administration official said the Legislature's budget funded retired employees' health care with money leftover at the end of the year and tasked the secretary of administration and finance with finding $30 million in savings, deflating the bottom line on its budget bill.

Given the budget deficits that led to major cuts in fiscal 2015, Lepore said the administration was estimating numbers conservatively.

"We have serious concerns about many of the Governor's vetoes, particularly related to education, where he has cut programs ranging from early childhood to colleges and universities," Rosenberg said in a statement Friday afternoon. "Given the increasing importance of education in closing the income gap and giving kids a decent chance in a highly competitive economy, cuts to these programs are short-sighted at best. The Senate will take a hard look at these and other cuts as we consider these vetoes."

An early retirement program is expected to net $126 million in savings, which is less than the $172 million policymakers initially expected in net payroll savings. Lepore said she would find the rest of the savings through a hiring freeze, offering cash incentives to encourage retirement and hiring fewer people to make up for the retired workers.

No layoffs will be needed as a result of the early retirement program, though there are planned layoffs throughout state government including in the Office of Public Safety and Security where there are 20 layoffs in the works, Lepore said. She said because of declining caseloads there is a reorganization at the Parole Board.

Fiscal 2015 came in about $389 million above benchmark, and the administration is sending $50 million of that to reserves and spending $140 million to close out debt due in fiscal 2016. Baker is also filing a $357 million bill to close out spending in fiscal 2015 and fund opioid treatment.

Baker vetoed $17.6 million from the popular kindergarten expansion program, leaving it with $1 million. Lepore said about 90 percent of the state has expanded kindergarten, and now the program merely subsidizes already expanded kindergarten programs. She said the $1 million would fund future expansions.

The advocacy group Early Education for All said Baker had reduced funding for early education and care programs by $5 million and quickly circulated an email form that supporters of those funds could fill out and send to lawmakers with the goal of restoring the money.

Lepore said a $2 million veto, zeroing out a line item for homeless youth, was made because the Unaccompanied Homeless Youth Commission had not yet finalized its recommendations.


State House News Service
Friday, July 17, 2015

Baker, legislative leaders strike deal to keep biz tax deduction
By Matt Murphy and Michael Norton


Facing pressure from business groups over the Legislature's surprise plan to repeal a corporate tax break to pay for an expansion of the earned income tax credit, Gov. Charlie Baker on Friday announced a deal with House and Senate leaders to preserve the deduction and still deliver on tax relief for low-income families.

With Baker poised to sign the budget Friday afternoon, the governor, House Speaker Robert DeLeo and Senate President Stanley Rosenberg said they had an agreement to further delay the implementation of the FAS 109 tax deduction, which would be available to certain publicly traded corporations, for five years and increase the amount of time over which a company can claim the deduction from seven to 30 years.

The deal, according to officials, will create space in the budget to pay for an expansion of the earned income tax credit without repealing the FAS 109 deduction, which has never been implemented since its passage in 2008 as part of a deal with businesses over "combined reporting" tax reforms.

"We all agree that expanding the Earned Income Tax Credit is a critical tool to provide tax relief to over 400,000 low income individuals and working families and my administration believes in providing a stable, competitive business climate to encourage economic development across the Commonwealth," Baker said in a statement.

House and Senate lawmakers must still vote to approve the deal, which Baker will likely return to the Legislature as a budget amendment. Under the budget Baker intends to sign, the state's earned income tax credit will grow from 15 percent to 23 percent of the federal credit.

"I am proud to stand with Governor Baker and Senate President Rosenberg in supporting the EITC, a vital measure that provides much needed relief to the Commonwealth's families, without imposing any new taxes or fees and overburdening members of the business community," DeLeo said in a statement released by Baker's office.

Said Rosenberg: "This agreement takes an important step in addressing income inequality in our state. As one of the original co-authors of the state Earned Income Tax Credit I am pleased we have increased the credit by more than 50 percent to help the hard working families of the Commonwealth. I look forward to working with the House and the Governor to increase the EITC to our initial target of 30 percent of the federal credit."

Baker last week said he viewed trading the corporate tax deduction for tax relief to low-income workers as a "good thing." In the ensuing days, business lobbyists have pressured the governor to come up with an alternative to repealing the deduction, which they claim will enable businesses to accurately reflect depreciation in the value of assets, for tax purposes.

In a letter Friday to Baker and legislative leaders, the top executives of four major business trade groups wrote: "Thank you again for listening to our concerns and working towards a compromise that all can support."

According to Associated Industries of Massachusetts, the Greater Boston Chamber of Commerce, the Massachusetts Business Roundtable and the Massachusetts Taxpayers Foundation, the agreement "provides certainty for the state's businesses regarding the FAS 109 deduction for several years, and such predictability is critical for economic growth and business development."

Baker last week said he did not view repealing the FAS-109 deduction as a tax increase, while Massachusetts Taxpayers Association President Eileen McAnneny said she believed the repeal was a tax hike.


The Boston Globe
Friday, July 17, 2015

What’s in the state budget?
By Evan Horowitz


The budget that Charlie Baker signed into law this afternoon has one predominant priority: Filling the state’s $1.8 billion deficit.

Beyond that, this budget leaves little room for big investments. However, it does expand the governor’s authority over the MBTA, and it also includes a last-minute deal to provide more money to low-wage workers.

Only one thing remains uncertain: the fate of proposals Baker vetoed. We will soon see if the Legislature pushes back and tries to reinstate them.

How bad is the deficit?

Bad. A $1.8 billion gap amounts to about 5 percent of our total budget, and it got bigger this year even though our economy is doing OK.

That’s not supposed to happen. A strong economy should translate into higher tax revenues and some surplus dollars that can be socked away in the rainy day fund. The fact that this isn’t happening in Massachusetts suggests a very deep misalignment between what we choose to do through state government and what we’re actually willing to pay for.

Faced with a deficit like this, states have a number of options. They can raise taxes, cut spending, or look for short-term solutions. This time around, Massachusetts opted mostly for short-term fixes, including:

• Making sure everyone getting Medicaid is truly eligible

• Delaying some health care payments until next year

• Trimming the state workforce with an early retirement program

• Spending money that was supposed to go into the state’s rainy day fund.

Does the budget include any new initiatives?

While filling the deficit absorbed a lot of the energy — and the money — in this budget, there are still a few noteworthy initiatives.

• Helping low-income workers. Over 400,000 workers in Massachusetts benefit from the Earned Income Tax Credit, or EITC, which is basically a cash subsidy for folks who are working but not earning enough. Under this budget, EITC payouts will increase by an average of about $160. To cover the additional cost, leaders on Beacon Hill decided to make changes to a planned tax break for big businesses.

• Early education and child care. In order to help vulnerable children, the state is going to increase spending on child care for kids in the Department of Families and Children. Separately, there’s also new money to move kids off a long wait list and into early education and child care programs. Both these initiatives would be pared back under Governor Baker’s vetoes.

• Changes at the MBTA. For at least the next three years, a new fiscal control board will be given the authority to fix the MBTA’s operational and managerial problems. Also, during that three-year period, the so-called Pacheco Law will be suspended, making it easier for the MBTA to hire private contractors. These changes have been top priorities for the governor.

What happens next?

Only one step remains. When the governor signed the budget today, he didn’t really sign the whole thing. Instead, he used his line-item veto to exempt a variety of provisions that the Legislature had wanted.

If they choose, legislators can turn right around and try to override the governor’s vetoes. All that’s required is a two-thirds vote in both houses, which isn't too high a bar in Massachusetts given that Democrats control roughly 80 percent of both the House and Senate.


The Boston Globe
Saturday, July 18, 2015

Beacon Hill leaders keep corporate tax deduction intact
By Jon Chesto


Business leaders screamed and hollered, and the leaders on Beacon Hill listened.

House Speaker Robert DeLeo and Senate President Stanley Rosenberg reversed course Friday on their plans to eliminate a corporate tax deduction after hearing complaints that the repeal would worsen the impression that Massachusetts is an unpredictable place to do business.

It’s hard to imagine that something as bureaucratic sounding as “FAS 109” would inspire much passion. But a number of companies rely on this tax deduction in their accounting of liabilities — even though lawmakers have delayed it from taking effect every year since its creation in 2008.

DeLeo and Rosenberg surprised business leaders last week by announcing that the deduction would be eliminated, as part of the new state budget, to pay for an increase in the state’s earned income tax credit. The repeal would free up an estimated $76 million annually over seven years. Governor Charlie Baker, in statements to the media, seemed to publicly support the move.

But by the time Baker signed the state’s new $38 billion budget on Friday for the new fiscal year, the governor and legislative leaders agreed that the repeal didn’t make sense.

This new plan would instead delay the deduction’s implementation for another five years, and then phase in the deduction over a 30-year period instead of seven years. That would shrink the annual cost to the state to under $20 million a year.

“In conversation with a number of companies that were affected by this, we are confident that this change meets their needs,” said Chris Geehern, an executive vice president at Associated Industries of Massachusetts.

Even as state lawmakers repeatedly postpone this deduction, a number of publicly traded companies still benefit from the fact that it remains as an anticipated future benefit. If this tax deduction had been repealed, the affected taxable assets would have moved to the liability side of these companies’ ledgers, causing their deferred tax liability to increase suddenly and significantly.

The Associated Industries of Massachusetts, Greater Boston Chamber of Commerce, Massachusetts Business Roundtable, and Massachusetts Taxpayers Foundation had urged the Legislature to reconsider the deduction repeal when it first became public last week. Also, individual companies such as Verizon expressed concerns.

AIM had a familiar face to hear its grievance: Kristen Lepore, Baker’s budget chief, had been a vice president of government affairs at the employer group before joining the Baker administration.

Lawmakers created the deduction in 2008 to offset some of the new costs imposed by a tax law change known as “combined reporting” that affected many companies with locations in multiple states. The deduction would go to a number of public companies that account for the depreciation of certain assets such as equipment and utility lines.

The state Department of Revenue reported in 2009 that more than 120 companies had claimed the new deduction, and three companies in particular accounted for roughly half of the corporate tax savings.

Verizon issued a statement Friday praising the latest move by Beacon Hill leaders, but declined to disclose the financial benefit to the company. Donna Cupelo, Verizon’s regional president, said the earned income tax credit would help low-income workers while FAS 109 will assist capital-intensive companies that “steadily invest in the infrastructure that forms the platform for our economy.”

A spokesman for Eversource Energy, another likely beneficiary, said the utility company supports Friday’s accord and will continue to monitor its progress.

The plan still needs to be enacted by the full Legislature, although this approval is expected with DeLeo and Rosenberg on board.

Baker told reporters Friday that it was important to avoid creating a negative impression of the state’s business climate. He said his administration heard from several big companies that were concerned about the repeal.

“Because we wanted to preserve the earned income tax credit and not send the message that the Commonwealth is a difficult place to do business with, we managed to structure a solution on this that works for those businesses,” Baker said.

Joshua Miller and Shirley Leung of the Globe staff contributed to this report.


The Boston Globe
Friday, July 17, 2015

A Boston Globe editorial
Bringing an end to film tax credits


Supreme Court Justice Louis Brandeis famously characterized the states as “laboratories of democracy,” in which policy makers are free to try “novel social and economic experiments without risk to the rest of the country.” When those experiments succeed, they provide a model for other states to emulate. Even when they fail, other states can benefit from the lessons learned.

One such experiment — lucrative tax credits for the film industry — has been tried out in many state laboratories over the past decade and a half. As many as 44 states have offered the subsidies, among them Massachusetts, which is currently spending $80 million yearly in givebacks to Hollywood producers. The tax credits have their ardent defenders; what corporate-welfare program doesn’t? But the results haven’t lived up to the hype. Almost nowhere have the lavish subsidies led to a robust, homegrown movie industry, or sparked the level of economic growth and job-creation that would justify so much sacrificed revenue.

This page applauded Governor Charlie Baker’s proposal to end the tax subsidies. The Legislature’s refusal to do so amounts to nothing less than throwing tens of millions of dollars’ worth of good money after bad. According to the Massachusetts Budget and Policy Center, the film program has generated only 430 net jobs each year for Massachusetts residents. Those jobs paid an average salary of $70,000, yet each one cost the state more than $119,000. Similarly, the subsidies have returned only about 14 cents in new revenue to the Commonwealth for every taxpayer dollar forgone.

But while lawmakers in this state haven’t been willing turn off the spigot, those in other states have.

In Michigan, for example, Governor Rick Snyder just signed a bill putting an end to the state’s film tax-credit program. Since 2008 Michigan had spent more than $450 million, yet the state has fewer jobs in the movie industry today than when the subsidy began. Alaska has unplugged its film subsidies as well; Governor Bill Walker signed legislation repealing the program last month. Arizona, Indiana, North Carolina, and Wisconsin have also recently gotten out of the business of doling out money to Hollywood moviemakers.

Brandeis’s “labs” have experimented, and the results have been consistent: Film-industry incentives make for bad tax policy. Other states are calling “Cut!” on their handouts to producers. Massachusetts should too.

 

NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


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