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CLT UPDATE
Wednesday, January 20, 2016

Chip Faulkner's After-Action Report
Gimmee Lobby Grad Tax Hearing


The proposed amendment to the Massachusetts constitution calls for an additional tax of 4 percent on people with annual incomes of $1 million or more. Revenue from the tax would fund public education and transportation improvements....

The group Citizens for Limited Taxation has called the tax proposal deceptive because there's no guarantee the additional revenue would go to education and transportation.

Associated Press
Monday, January 18, 2016
Massachusetts lawmakers to hear proposal for extra tax on wealthy


For those in favor, it's called the "fair share amendment" and for those opposed it's better known as a $1.9 billion tax hike. Supporters claim it would stem the growth of the divide between the state's wealthy and the working class while investing in education and infrastructure, but opponents say it would jeopardize investments and employment in the state.

The two sides clashed Tuesday at a hearing on a proposed constitutional amendment (H 3933) that would establish a 4 percent surtax on income in excess of $1 million, raising the tax rate for those earnings to about 9 percent, and dedicating the additional revenue to education and transportation initiatives.

"To whom much has been given, much is expected. The wealthy owe it to previous generations of taxpayers that have built our economic system, built the infrastructure, built the institutions, paid for all of that, paid to educate our students that helped them build their businesses," former Democratic Rep. Matthew Patrick said. "You've heard all of this before, but it's true."

Opponents argued that the amendment would have serious consequences that are not being considered by proponents, like the possible outward migration of Bay State millionaires and the impact on the state budget of the associated decline in capital gains taxes.

"This significant new tax burden will fall on individuals and certain business entities paying taxes at the individual rate," John Regan, executive vice president of governmental affairs for Associated Industries of Massachusetts, said. "It is hard to imagine that this new obligation will not impede investment, employment and certain locational decisions."...

David Tuerck, executive director of the Beacon Hill Institute, said he studied the proposal and advised lawmakers to walk away from the idea to "send a message that Taxachusetts exists no more."

"We find that the amendment would cause the loss of 9,500 private sector jobs and $405 million annually in personal disposable income," Tuerck said. "Furthermore, it will set the stage for future, even more damaging tax increases and resulting economic losses." ...

The two sides disagree over whether the proposal's language directing the new revenue be spent only on education and transportation infrastructure would be allowed under the state constitution, with opponents of the amendment arguing that the constitution prohibits ballot initiatives from making specific appropriations.

"The money from this new marginal tax will be deposited into the general fund like all other tax revenue and used by the Legislature as it deems appropriate," said Massachusetts Taxpayers Foundation President Eileen McAnneny, who testified against the amendment. "With all the competing demands on revenue, it's not certain that the money will go for new transportation or education investments."

Supporters said that the specific appropriations would be allowable because the amendment would alter the constitution itself, embedding it with the requirement that the new revenues be spent only for education or transportation.

Co-chair Sen. Michael Rodrigues, who said he supports putting the question before voters but has not yet formed his own opinion on the amendment, said the issue of constitutionality should be settled by obtaining an opinion from the attorney general or constitutional expert before the issue goes to voters....

The Revenue Committee has until April 27 to report on the proposed amendment, but Kaufman said he expects the committee to begin deliberating on the topic in about a week. If a majority of the committee is in favor, the question could be added to the agenda for the Constitutional Convention scheduled to resume on Feb. 3.

Chip Faulkner, associate director of Citizens for Limited Taxation, vowed to fight the proposed surtax all the way to the 2018 ballot if necessary to reaffirm the message voters sent when they defeated graduated income tax proposals on the ballots in 1962, 1968, 1972, 1976 and 1994.

"Once again, we're going to fight this battle and we're going to win for the sixth time," he said.

State House News Service
Tuesday, January 19, 2016
Impacts of tax hike on wealthy debated at hearing


Advocates and citizens, representing business, labor, education, transportation and a host of other interests, packed a Statehouse hearing on Tuesday to testify before the Legislature's revenue committee on a proposed constitutional amendment to raise the tax rate on millionaires.

The proposal would raise taxes on income over $1 million by 4 percentage points – from around 5 percent to around 9 percent.

For it to pass, the amendment needs support from 50 lawmakers in a first vote in 2016 and a second vote in either 2017 or 2018. It would then go to the ballot in November 2018....

The ballot question states that the money raised by the new tax will be used for education and transportation. Supporters of the proposal have focused on Massachusetts' great needs in those areas.

"Our classrooms lack crucial resources, college students struggle with crushing debt, roads and bridges are crumbling, and parents are unable to access high-quality, affordable preschool," said Massachusetts Teachers Association President Barbara Madeloni. "The Fair Share Amendment would provide essential revenue to make much-needed investments across all levels of public education and enhance our transportation infrastructure."

But opponents say there is no way to ensure that the Legislature will not divert the money elsewhere. Under state law, ballot initiatives cannot make specific budget appropriations. So it is up to the Legislature to actually set aside the money. Eileen McAnneny, president of the Massachusetts Taxpayers Foundation, said that means the money from the new tax will be deposited into the state's general fund, and lawmakers will decide where it goes.

"With all the competing demands on revenue, and the modest revenue growth projections for the next several years, it is not certain the money will go for new transportation or education investments," McAnneny said.

The Springfield Republican
Wednesday, January 20, 2016
'Millionaires' tax' raises questions of fairness, business practices,
transit needs at Statehouse hearing


Lawmakers yesterday took testimony on a proposed constitutional amendment that would slap a special surcharge on tax filers who earn more than $1 million per year. The “millionaires’ tax” is the brainchild of Raise Up Massachusetts, a group of community and social service groups and labor unions seeking both a revenue boost — and a tool to get the wealthy to pay their “fair share.”

What they’re likely to get instead is a widening of the gap between available revenues and state spending, once the wealthy get their tax advisers to
start sharpening their pencils.

The amendment would impose a 4 percent surcharge on individual earnings above $1 million. So after the millionaires start packing up for Florida — or simply find more creative ways to shield income — how long before the push is on to lower the threshold?

To redefine “rich”?

Connecticut imposes its top tax rate (now at 6.99 percent) on individuals earning $500,000. California’s version of a millionaires’ tax is imposed on those who earn more than $250,000.

The “fair share” crowd could have pushed to impose a graduated income tax to replace the Bay State’s flat rate, but voters absolutely crushed the last effort to do that. And anyway, it’s much simpler to demonize wealth, and call for a special levy on “a tiny fraction” of the state’s residents.

That tiny fraction affects at least 14,000 individuals or businesses that pay taxes at the individual rate. The same crowd that insists “Taxachusetts” is an outdated slur now want to give everyone a reason to bring it back.

A Boston Herald editorial
Wednesday, January 20, 2016
Back to ‘Taxachusetts’?


Chip Faulkner's CLT Commentary

After-Action Report:
Gimmee Lobby Grad Tax Hearing

Tuesday, January 19, 2016

To CLT's activists and supporters:

There I was sitting in Room B-1 in the Statehouse. Surrounding me in this packed hearing room were free loaders, delusional liberals, parasites on parade, ivory tower academics and union scatterbrains. Many in the crowd were wearing t-shirts that said, “Coalition for Social Justice’ ― a phrase that, to me, means they want what you have but don’t want to work for it.

The hearing was held by the Legislature’s Joint Committee on Revenue to take testimony both pro and con on House Bill 3933, which would impose a graduated income tax. This time it would inflict an additional state income tax of 4% on incomes above one million dollars, bringing the total to 9.15%.

To my astonishment, this hearing actually had a semblance of high tech. Behind the chairman, high on the wall, was a video screen listing the speaker(s) and a timer which allowed three minutes for each speaker’s testimony. The House Chairman, Rep. Jay Kaufman, runs an efficient meeting and holds the speakers to that three minute limit. Compared to most committee chairman, the Lexington Democrat does a good job. (If only he did as well on CLT’s 2013-14 taxpayer rating where he scored a zero ― but I digress.)

My testimony focused on a few key points:

1. The Grad Tax has been defeated five times at the ballot ― in 1962, 1968, 1972, 1976 and 1994. It’s obvious that Bay State taxpayers don’t want a tax increase.

2. Right now nobody wants to hike taxes in Massachusetts. The Governor has said so, as well as the House Speaker. The trend in states around the country is to hold the line or cut taxes.

3. Millionaires can easily move to another state if this proposed constitutional amendment passes on the ballot. With improved technology, it might be just a matter of moving a few laptops. More ominous: If they get to tax millionaires, other lower income groups will be their next segregated target.

4. The idea, pushed by proponents, that the extra revenue would automatically go to public education, repair of the roads, et al is preposterous. Article 48 of the State Constitution, under excluded matters, prohibits an appropriation of funds from appearing on the ballot.

The only others at the hearing testifying in opposition were: Prof. David Tuerck of the Beacon Hill Institute, Eileen MCAnneny from the Mass Taxpayers Foundation and John Regan representing Associated Industries of Massachusetts. One of them pointed out that millionaires currently pay two-thirds of the capital gains tax revenue in Massachusetts.

I had said in my testimony that the force behind this proposal will once again be “led by the usual suspects.” Of course they showed up in force: The head of the State AFL-CIO, the Massachusetts Teachers Association honcho, three wooly-haired economic professors, Community Action, SEIU, et al.

Also, for some reason at this type of hearing, you always see two or three women of an indeterminate age dressed like they had just come from Woodstock.

Their testimonies were a collective moaning and gnashing of teeth over the extra revenue needed for their various and sundry “needs.” Plus, the unfairness of it all, that millionaires don’t pay more! One of them said, “We want them to pay their fair share of taxes.” (Gee, the last time I looked they were paying the same 5.1% as the rest of us.)

NOTE: This grad tax proposal will most likely appear on the 2018 Massachusetts ballot. But before that happens the House and Senate must meet in a Constitutional Convention this year and give it a minimum 25% approval (50 votes) and another 25% vote in the 2017-18 session.

Chip Faulkner


 

Associated Press
Monday, January 18, 2016

Massachusetts lawmakers to hear proposal for extra tax on wealthy


Legislation that's been dubbed the "millionaire tax" is going before a legislative committee on Beacon Hill.

The proposed amendment to the Massachusetts constitution calls for an additional tax of 4 percent on people with annual incomes of $1 million or more. Revenue from the tax would fund public education and transportation improvements.

A public hearing on the bill is set for Tuesday.

Supporters say they collected more than 157,000 signatures last year in an effort to put the measure before lawmakers and, eventually, the state's voters.

The earliest it could appear on the ballot is November 2018.

The group Citizens for Limited Taxation has called the tax proposal deceptive because there's no guarantee the additional revenue would go to education and transportation.


State House News Service
Tuesday, January 19, 2016

Impacts of tax hike on wealthy debated at hearing
By Colin A. Young


For those in favor, it's called the "fair share amendment" and for those opposed it's better known as a $1.9 billion tax hike. Supporters claim it would stem the growth of the divide between the state's wealthy and the working class while investing in education and infrastructure, but opponents say it would jeopardize investments and employment in the state.

The two sides clashed Tuesday at a hearing on a proposed constitutional amendment (H 3933) that would establish a 4 percent surtax on income in excess of $1 million, raising the tax rate for those earnings to about 9 percent, and dedicating the additional revenue to education and transportation initiatives.

"To whom much has been given, much is expected. The wealthy owe it to previous generations of taxpayers that have built our economic system, built the infrastructure, built the institutions, paid for all of that, paid to educate our students that helped them build their businesses," former Democratic Rep. Matthew Patrick said. "You've heard all of this before, but it's true."

Opponents argued that the amendment would have serious consequences that are not being considered by proponents, like the possible outward migration of Bay State millionaires and the impact on the state budget of the associated decline in capital gains taxes.

"This significant new tax burden will fall on individuals and certain business entities paying taxes at the individual rate," John Regan, executive vice president of governmental affairs for Associated Industries of Massachusetts, said. "It is hard to imagine that this new obligation will not impede investment, employment and certain locational decisions."

Raise Up Massachusetts has estimated the surtax would affect 14,000 individuals, generating between $1.3 billion and $1.4 billion in additional revenue, while the Department of Revenue estimated a higher yield of $1.6 billion to $2.2 billion with $1.9 billion as the median.

David Tuerck, executive director of the Beacon Hill Institute, said he studied the proposal and advised lawmakers to walk away from the idea to "send a message that Taxachusetts exists no more."

"We find that the amendment would cause the loss of 9,500 private sector jobs and $405 million annually in personal disposable income," Tuerck said. "Furthermore, it will set the stage for future, even more damaging tax increases and resulting economic losses."

The hearing before the Joint Committee on Revenue was the first State House step in what could be a three-year long process to get the proposed constitutional amendment before voters on the 2018 ballot.

Labor activists and others working with Raise Up Massachusetts gathered about 157,000 signatures, 92,617 of which were certified by the secretary of state's office, to put the petition before the Legislature. If the proposal is advanced by House and Senate members meeting jointly in Constitutional Conventions this session and in the 2017-2018 session, the question could go to voters in November 2018.

The two sides disagree over whether the proposal's language directing the new revenue be spent only on education and transportation infrastructure would be allowed under the state constitution, with opponents of the amendment arguing that the constitution prohibits ballot initiatives from making specific appropriations.

"The money from this new marginal tax will be deposited into the general fund like all other tax revenue and used by the Legislature as it deems appropriate," said Massachusetts Taxpayers Foundation President Eileen McAnneny, who testified against the amendment. "With all the competing demands on revenue, it's not certain that the money will go for new transportation or education investments."

Supporters said that the specific appropriations would be allowable because the amendment would alter the constitution itself, embedding it with the requirement that the new revenues be spent only for education or transportation.

Co-chair Sen. Michael Rodrigues, who said he supports putting the question before voters but has not yet formed his own opinion on the amendment, said the issue of constitutionality should be settled by obtaining an opinion from the attorney general or constitutional expert before the issue goes to voters.

"I think that's an important issue that the voters of the commonwealth have to be assured that as this constitutional amendment proposes that these new revenues can only be expended on education and transportation, that there's no cloud out there and no question on whether or not that is actually the truth and fact," he said.

His House counterpart, Rep. Jay Kaufman, who has called himself an "active, enthusiastic supporter" of the proposal, said that he is confident it will get the required 50 votes during a Constitutional Convention this session and advance to the 2017-2018 session.

"I've been pleasantly surprised that, for the most part, I'm hearing that our tax system is unfair and needs to be fixed, our investments in infrastructure and education are inadequate and that needs to be fixed and, given that this is coming to us as an initiative petition, we should let the people vote," Kaufman said of his conversations with other legislators.

Kaufman said he has not heard anxiety from lawmakers that they could be asked to take a vote on a tax-raising proposal during 2016, an election year.

The Revenue Committee has until April 27 to report on the proposed amendment, but Kaufman said he expects the committee to begin deliberating on the topic in about a week. If a majority of the committee is in favor, the question could be added to the agenda for the Constitutional Convention scheduled to resume on Feb. 3.

Chip Faulkner, associate director of Citizens for Limited Taxation, vowed to fight the proposed surtax all the way to the 2018 ballot if necessary to reaffirm the message voters sent when they defeated graduated income tax proposals on the ballots in 1962, 1968, 1972, 1976 and 1994.

"Once again, we're going to fight this battle and we're going to win for the sixth time," he said.


The Springfield Republican
Wednesday, January 20, 2016

'Millionaires' tax' raises questions of fairness, business practices,
transit needs at Statehouse hearing
By Shira Schoenberg


Advocates and citizens, representing business, labor, education, transportation and a host of other interests, packed a Statehouse hearing on Tuesday to testify before the Legislature's revenue committee on a proposed constitutional amendment to raise the tax rate on millionaires.

The proposal would raise taxes on income over $1 million by 4 percentage points – from around 5 percent to around 9 percent.

For it to pass, the amendment needs support from 50 lawmakers in a first vote in 2016 and a second vote in either 2017 or 2018. It would then go to the ballot in November 2018.

Here's a look at a few of the arguments made by supporters and opponents of the amendment.

Is the proposed tax "fair"?

Supporters of the amendment say it ensures that people who earn more than $1 million "pay their fair share." They have called it the "Fair Share Amendment."

State Rep. Ellen Story, D-Amherst, a supporter of a graduated income tax, called the proposal the best idea so far to impose higher taxes on rich people. "It is fair," Story said.

Supporters of the higher tax say the current tax system is unfair because wealthier people pay a smaller percentage of their income in state and local taxes than poorer people.

According to the Institute on Taxation and Economic Policy, the top 1 percent of Massachusetts earners (those making more than $860,000) pay 4.9 percent of their income in state and local taxes, while the middle 20 percent (those earning $44,000 to $70,000) pay 9.3 percent of their income in state and local taxes. This reflects the fact that although the income tax rate is flat, middle class people pay a larger percentage of their income in sales and property taxes.

But opponents of the higher tax on millionaires counter that people earning more money already pay significantly more in taxes. Someone earning $1 million a year would pay $51,000 in state income tax; someone earning $50,000 would pay $2,550, based on the current flat tax rate.

John Regan, executive vice president of government affairs for the business trade group Associated Industries of Massachusetts, said the proposed tax would be a 78 percent increase in the tax obligation for income over $1 million – which would affect just 1 percent of citizens. That means an approximately $1.9 million tax increase would be paid by just 19,500 filers.

Regan suggested that implementing the tax increase "makes Massachusetts an unfair place."

What happens to the new revenue?

The ballot question states that the money raised by the new tax will be used for education and transportation. Supporters of the proposal have focused on Massachusetts' great needs in those areas.

"Our classrooms lack crucial resources, college students struggle with crushing debt, roads and bridges are crumbling, and parents are unable to access high-quality, affordable preschool," said Massachusetts Teachers Association President Barbara Madeloni. "The Fair Share Amendment would provide essential revenue to make much-needed investments across all levels of public education and enhance our transportation infrastructure."

But opponents say there is no way to ensure that the Legislature will not divert the money elsewhere. Under state law, ballot initiatives cannot make specific budget appropriations. So it is up to the Legislature to actually set aside the money. Eileen McAnneny, president of the Massachusetts Taxpayers Foundation, said that means the money from the new tax will be deposited into the state's general fund, and lawmakers will decide where it goes.

"With all the competing demands on revenue, and the modest revenue growth projections for the next several years, it is not certain the money will go for new transportation or education investments," McAnneny said.

Will millionaires pay the tax – or will they leave?

Opponents of the bill say faced with a new tax, millionaires – including business owners who create jobs – will leave the state.

They point to General Electric's recent decision to relocate its global headquarters from Connecticut to Massachusetts, partially because Connecticut raised taxes. David Tuerck, executive director of the Beacon Hill Institute at Suffolk University, said when Maryland raised its top tax rate by 1.5 percentage points, the number of tax returns filed by millionaires fell by 30 percent, resulting in a drop of revenue.

"Millionaires have a way of going mobile. New Hampshire is just a short drive up Interstate 93," Tuerck said.

But supporters of the bill say companies like General Electric relocate to Massachusetts because of the state's reputation for innovation and talent – a product of a strong education system. A group of 71 economists who support the amendment note that the higher tax rate would be similar to the tax rates at that income level in other states, including New Jersey, New York and Vermont. "While a very small number of wealthy taxpayers might decide to move in response to higher taxes, most will not," the economists wrote.

Arnold Hiatt, former CEO and chairman of Stride Rite, told the legislative committee, "Rich folks don't move because they have to pay more taxes."


The Boston Herald
Wednesday, January 20

A Boston Herald editorial
Back to ‘Taxachusetts’?


It isn’t just General Electric leaving Connecticut and its unpredictable and punishing (for some) tax system. Wealthy individuals may flee for friendlier tax territory, too, as the state jacks up taxes on its highest earners. Now a group of activists wants to create the same conditions in Massachusetts. It’s fiscal insanity.

Lawmakers yesterday took testimony on a proposed constitutional amendment that would slap a special surcharge on tax filers who earn more than $1 million per year. The “millionaires’ tax” is the brainchild of Raise Up Massachusetts, a group of community and social service groups and labor unions seeking both a revenue boost — and a tool to get the wealthy to pay their “fair share.”

What they’re likely to get instead is a widening of the gap between available revenues and state spending, once the wealthy get their tax advisers to
start sharpening their pencils.

The amendment would impose a 4 percent surcharge on individual earnings above $1 million. So after the millionaires start packing up for Florida — or simply find more creative ways to shield income — how long before the push is on to lower the threshold?

To redefine “rich”?

Connecticut imposes its top tax rate (now at 6.99 percent) on individuals earning $500,000. California’s version of a millionaires’ tax is imposed on those who earn more than $250,000.

The “fair share” crowd could have pushed to impose a graduated income tax to replace the Bay State’s flat rate, but voters absolutely crushed the last effort to do that. And anyway, it’s much simpler to demonize wealth, and call for a special levy on “a tiny fraction” of the state’s residents.

That tiny fraction affects at least 14,000 individuals or businesses that pay taxes at the individual rate. The same crowd that insists “Taxachusetts” is an outdated slur now want to give everyone a reason to bring it back.

 

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


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

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