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CLT UPDATE
Thursday, April 20, 2017

Tax amendments added to House budget


The annual state budget, on track to weigh in north of $40 billion, will be built on the expectation of roughly $27 billion in tax revenue - but state reps on both sides of the aisle are hoping to tinker with that figure upwards and downwards.

Lawmakers in recent years have opted against lengthy, impassioned debates on tax policy changes, but the pending tax amendments provide plenty of fodder should state representatives wish to engage each other in an environment marked by rising state spending and sluggish growth in tax revenues.

Rep. Marc Lombardo, a Billerica Republican considering a run for Senate this year, filed amendments to drop the income and sales taxes down to 5 percent, which his aide said would result in about $850 million in foregone revenue.

"We owe it to the taxpayers," Lombardo told the News Service. He said his tax amendments are paired with other cost-cutting proposals, including a control board at MassHealth to rein in expenses in the state's Medicaid program. He said, "At some point the taxpayers want to see government stop growing."

In 2000, voters passed a ballot measure to bring the income tax rate down from 5.95 percent to 5 percent by tax year 2003, but two years after the vote lawmakers scrapped that schedule, installing economic triggers to more gradually reduce the tax rate to 5 percent.

Those triggers are expected to result in the income tax rate dropping from 5.1 percent to 5.05 percent on Jan. 1, 2018. Somerville Democrat Rep. Denise Provost has proposed freezing the income tax rate at 5.1 percent. According to information provided by her office, four income tax reductions since 2012 have resulted in a nearly $1 billion reduction in revenue. Provost's amendment would boost fiscal 2018 revenue by $83 million, according to her office.

Gov. Charlie Baker, a Republican, ran unsuccessfully in 2010 on a platform that included reducing the income, sales and corporate taxes to 5 percent, but he moderated his stance ahead of his 2014 victory and during his governorship.

"The administration fully supports upholding the will of the voters to reduce the income tax when revenues meet the benchmarks and will carefully monitor the state's fiscal situation to do so as quickly as possible," Baker spokesman William Pitman said in a statement Tuesday when asked about Lombardo's amendments.

State House News Service
Thursday, April 20, 2017
Taxing matters await as House preps for budget debate


A friendly warning on this (belated) tax filing day. The next time a group of progressive lawmakers in Massachusetts insists they’re interested only in raising taxes on millionaires to ensure they pay their “fair share,” be on guard. Given the chance, those lawmakers might feel perfectly comfortable with the rest of us paying a higher tax rate, too.

Among the 1,200 proposed amendments to the House Ways and Means budget, which will be debated on the House floor next week, is a proposal from a Democratic lawmaker to freeze the state income tax rate at its current 5.1 percent.

Now, under the current schedule, should revenue meet certain targets, the tax is expected to drop to 5.05 percent on Jan. 1. And blocking a .05 percent reduction in the income tax rate may not sound like much of a burden on Massachusetts taxpayers.

But the gradual reduction of the income tax rate back down to 5 percent is part of a longstanding promise on Beacon Hill — a promise that was only made after a previous promise to voters, who ordered a full rollback to 5 percent, had been broken.

The amendment’s sponsor, Rep. Denise Provost (D-Somerville), doesn’t just want millionaires to pay a higher tax rate (a 4 percent surcharge on income above $1 million, the subject of a proposed constitutional amendment for which Provost advocates). She wants the tax burden to remain where it is for all filers, regardless of the voters’ intention.

A Boston Herald editorial
Tuesday, April 18, 2017
Truth about taxes


The misinformation campaign surrounding the proposed “millionaires’ tax” has been running along smoothly. How annoying when facts get in the way of a good narrative.

For instance, the groups supporting a 4 percent surcharge on incomes above $1 million like to portray the image of an army of Thurston Howell the Thirds being forced to part with what to them is the equivalent of tip money.

But as the Boston Business Journal detailed on Friday, the new tax, which is expected to go before voters in 2018, wouldn’t just apply to personal income but to profits earned by many corporations. Two-thirds of the state’s millionaires own an S corp or a partnership, the BBJ noted, many of them locally based, and they’d all be paying the added tax. That would divert earnings that might have been plowed right back into the business.

John Fish, head of Suffolk Construction, said he won’t leave Massachusetts if the amendment passes — but he did tell the BBJ he’d likely “deploy capital in other parts of the country.”

In other words, the “fair share” tax would be a job-killer.

Another infuriating aspect of the campaign is this myth that the revenue will be set aside exclusively for schools and transportation. Yes, the proposed amendment states that all revenues from the tax would be expended “only” for public education and transportation, broadly speaking.

But those funds are also subject to appropriation. So do we trust the folks who just voted themselves a massive pay raise to wall off billions in new revenue exclusively for education and transit — for as long as the tax shall live?

Alternative facts are alive and well in the campaign to achieve a graduated income tax, or least one by another name.

A Boston Herald editorial
Monday, April 17, 2017
Fuzzy on the tax facts


As the state's contribution rate continues to decline to record low levels, supporters of the Community Preservation Act touted legislation they say is necessary to preserve the open space protection partnership.

When Gov. Paul Cellucci signed the Community Preservation Act (CPA) into law in 2000, it was with the promise of state matching funds from a CPA Trust Fund to preserve open space, renovate historic buildings and parks and to build new playgrounds and athletic fields.

But that partnership, during the first six years of which the state matched 100 percent of what each municipality raised by its property tax surcharge, has become more one-sided in the last decade, with state matching funds falling or remaining flat in eight of the last nine years.

"Unfortunately, that distribution has steadily declined -- it was down about a third last year to a record low of 20 percent and the Department of Revenue just informed us last week that they estimate this year's match will fall to another record low of 15 percent," Stuart Saginor, executive director of the Community Preservation Coalition, said. "And it will fall again in 2018 when Boston and nine other mostly large cities and towns get their first CPA Trust Fund distribution." ...

State matching funds are currently provided through a $20 fee assessed on certain real estate transactions through registries of deeds. The fee structure and match rate formula have not been changed since the CPA went into law in 2000.

The bill -- filed in the House by Reps. Stephen Kulik and Kevin Honan, and in the Senate by Sen. Cynthia Creem -- attracted 124 legislators to sign on as co-sponsors, including about a dozen Republicans. A similar bill won a favorable report from the Revenue Committee last session but never made it out of the House Ways and Means Committee.

Also Monday, the bill's sponsors sent a letter signed by a bipartisan group of 81 lawmakers to the Revenue Committee, urging another favorable report.

State House News Service
Monday, April 10, 2017
Frayed Community Preservation partnership in danger of collapsing


The state has had to scale back the amount it distributes to cities and towns to help fund their community preservation programs, so naturally some lawmakers want to raise fees to make up the difference.

But why should cities and towns be guaranteed a pipeline of state funding for parks and open space that they are already taxing local property owners to finance? ...

Local funds for the program come from a surcharge on property tax bills. State matching funds come from a $20 surcharge on filing fees at the registries of deeds.

But as the number of communities participating in the program has grown, the balance in the state CPA trust fund has led to lower payouts. That displeases those who feel the state should fund elective projects that cities and towns choose not to finance within the constraints of their own local budgets.

Pending legislation would adjust the state filing fees to ensure that all participating cities and towns receive at least 50 percent in state matching funds in the first round of grants each year. If the trust fund runs short the fees go up — how high, well, that depends on how many communities participate and how many projects they see fit to approve. The State House News Service reported last week that 124 lawmakers have signed on as sponsors of House and Senate versions of this fee hike....

Beacon Hill routinely diverts a portion of any surplus funds available at the end of each fiscal year to the CPA trust fund. For advocates that isn’t enough. They want to force every individual who engages in a real estate transaction to pay a higher fee, to fund exceedingly local projects in which they have no say. It’s unreasonable and it shouldn’t pass.

A Boston Herald editorial
Monday, April 17, 2017
Community cash grab


Chip Ford's CLT Commentary

Since the Legislature's obscene pay grab during a two-week onslaught in January you could hear crickets on Beacon Hill.  Spring is now here so activity is stirring among "The Best Legislature Money Can Buy" as it awakens from hibernation once these "fulltime legislators" return from their week off during "school vacation."  (Ramming through huge pay raises in record-breaking time is exhausting work.)

As they've again demonstrated beyond argument, the first priority and order of business for most legislators is stuffing their pockets with taxpayers' money, then their second-highest priority and order of business is scheming to take more from taxpayers.

What would we ever do without "The Best Legislature Money Can Buy"?

It appears that a very taxing spring and year ahead in Taxachusetts is upon us.

You might recall that House Speaker Robert DeLeo made a Freudian slip back in February:  “For next year’s budget, I’m not ruling out the possibility of any increase in taxes,” he let slip, to his immediate regret.

After catching a lot of heat (after all, so many had praised him as the brake on the Senate's rapacious tax-mania), a few days later he quickly walked it back ran it back, actually.  The Boston Herald reported on Feb. 16, 2017, ("DeLeo walks back talk of new taxes"):

Speaker of the House Robert A. DeLeo yesterday said he would not push any “broad-based” tax hikes, just days after his refusal to rule them out drew heavy flak in the wake of the controversial multimillion-dollar pay raise package lawmakers awarded themselves.

“Those aren’t going to be part of the House budget,” DeLeo told reporters yesterday, clarifying that any “broad-based” proposals to raise the sales tax or income tax “will not be included.”

DeLeo, who has repeatedly pledged no new taxes in past budget cycles, has for months left them on the table for the next fiscal year, including on Monday when he said he was “not ruling out the possibility of any increase in taxes.”

In its editorial "Tax battle looms on Beacon Hill" on Feb. 21, The Salem News noted:

While DeLeo later clarified that he personally is not in favor of new taxes, with Democrats firmly entrenched at the Statehouse and feeling more empowered than ever, “revenue enhancement” may be back on the table. And you can be sure special interests ranging from the public employee unions to environmental advocates will want their share of the pie.

In my commentary for the CLT Update of March 1 ("Tax hikes: 'a death by a thousand cuts'?"), I wrote:

"Rather than swiftly beheading taxpayers with one fell swing, it appears that the Beacon Hill schemers are plotting a taxpayers' death by a thousand cuts."

Rep. Marc Lombardo (R-Billerica) has filed amendments to reduce both the income tax and the sales tax back down to 5 percent.  I appreciate his aide's term when he said the reduction would result in about $850 million in foregone revenue.  Result in foregone revenue, not "cost the state" as it's too often described.

Not incidentally, that "temporary" income tax hike revenue Rep. Lombardo is trying to have the state forgo should have ceased being taken from us, as promised, over twenty-five years ago.

The debate on taxes to be included in the House budget begins next week; tax amendments are the first item to be taken up during budget week.

As usual, CLT will join in those debates and will keep you informed.

Chip Ford
Executive Director


 
State House News Service
Thursday, April 20, 2017

Taxing matters await as House preps for budget debate
By Andy Metzger


The annual state budget, on track to weigh in north of $40 billion, will be built on the expectation of roughly $27 billion in tax revenue - but state reps on both sides of the aisle are hoping to tinker with that figure upwards and downwards.

Lawmakers in recent years have opted against lengthy, impassioned debates on tax policy changes, but the pending tax amendments provide plenty of fodder should state representatives wish to engage each other in an environment marked by rising state spending and sluggish growth in tax revenues.

Rep. Marc Lombardo, a Billerica Republican considering a run for Senate this year, filed amendments to drop the income and sales taxes down to 5 percent, which his aide said would result in about $850 million in foregone revenue.

"We owe it to the taxpayers," Lombardo told the News Service. He said his tax amendments are paired with other cost-cutting proposals, including a control board at MassHealth to rein in expenses in the state's Medicaid program. He said, "At some point the taxpayers want to see government stop growing."

In 2000, voters passed a ballot measure to bring the income tax rate down from 5.95 percent to 5 percent by tax year 2003, but two years after the vote lawmakers scrapped that schedule, installing economic triggers to more gradually reduce the tax rate to 5 percent.

Those triggers are expected to result in the income tax rate dropping from 5.1 percent to 5.05 percent on Jan. 1, 2018. Somerville Democrat Rep. Denise Provost has proposed freezing the income tax rate at 5.1 percent. According to information provided by her office, four income tax reductions since 2012 have resulted in a nearly $1 billion reduction in revenue. Provost's amendment would boost fiscal 2018 revenue by $83 million, according to her office.

Gov. Charlie Baker, a Republican, ran unsuccessfully in 2010 on a platform that included reducing the income, sales and corporate taxes to 5 percent, but he moderated his stance ahead of his 2014 victory and during his governorship.

"The administration fully supports upholding the will of the voters to reduce the income tax when revenues meet the benchmarks and will carefully monitor the state's fiscal situation to do so as quickly as possible," Baker spokesman William Pitman said in a statement Tuesday when asked about Lombardo's amendments.

House Speaker Robert DeLeo has said he opposes broad-based tax increases to shore up the budget, and the speaker - whose party outnumbers Republicans 125-35 in the House - usually achieves his desired policy outcomes, especially on restraining efforts to hike taxes, a goal shared by the minority party.

Noting the speaker's current tax stance, House Second Assistant Majority Leader Paul Donato, a Medford Democrat, said lawmakers are "attempting to deal with the budget based upon what we feel the revenue's going to be."

Donato predicted that next week's tax debate - tax amendments are the first item on House lawmakers' plate during budget week - will be "similar" to years past. In prior years, proposals to significantly change the state's tax system have been summarily defeated.

"Going into the upcoming budget debate we will give consideration to all amendments, as we always do, however I share Speaker DeLeo's commitment to producing a fiscally responsible budget without new or increased broad-based taxes," House Ways and Means Chairman Brian Dempsey said in a statement.

The budget bill crafted by the House Committee on Ways and Means would make some changes to the state's tax structure - establishing a $2,000 tax credit for businesses that hire veterans, and would gear the state to "effectuate accelerated sales tax remittance."

Bills that change taxation must originate in the House, and if tax changes are included in the final version that passes the House then the Senate would be free to make its own changes to tax laws. Tax revenues have fallen $220 million below benchmark with only three months left in fiscal 2017, a dynamic that could whet lawmakers' appetite for revenue boosters. Earlier this month Senate President Stan Rosenberg said state officials should consider levying a tax on professional services.

Many of the budget amendments would earmark spending on programs of interest to individual lawmakers - such as revitalization of Swansea Beach, preparations for the 400th anniversary of pilgrims landing in Plymouth, and gunshot detection technology in Pittsfield.

Government can also target support for various constituencies by providing tax relief.

An amendment sponsored by Rep. Gailanne Cariddi, a North Adams Democrat who said her district is home to several dairy farms, would double the cumulative value of dairy farm tax credits to $8 million in a year. The purpose is to "offset the cyclical downturns in milk prices" and the tax credit is based on the U.S. Federal Milk Marketing Order.

"When it's needed it really helps a family farm to stay in business," Cariddi told the News Service. She said, "I think we lost something like seven dairy farms in the last couple of years."

Rep. Stephen Kulik, a Worthington Democrat who is vice chairman of the House Committee on Ways and Means, has sponsored legislation (H 2616) that would do the same thing.

Whitman Republican Rep. Geoff Diehl proposed an amendment that would create a nearly week-long meals tax holiday March 22-27. Meals - as opposed to grocery-bought food - are subject to the state's 6.25 percent sales tax, and cities and towns can add a 0.75 percent local meals tax to that.

"He believes allowing people to keep more of their hard earned dollars is good for the economy and keeps Massachusetts competitive," political consultant Holly Robichaud told the News Service in response to a query about Diehl's tax-lowering amendments.

Rep. Josh Cutler, a Duxbury Democrat, sponsored an amendment seeking to crack down on the use of "offshore tax havens." If it is not adopted, Cutler said he will "voluntarily withdraw it" - a frequent course for proposals that fail to gain necessary support.

Last session MassPIRG claimed a bill filed by Cutler seeking the same basic goal would result in "saving Massachusetts taxpayers $79 million a year."
 

The Boston Herald
Tuesday, April 18, 2017

A Boston Herald editorial
Truth about taxes


A friendly warning on this (belated) tax filing day. The next time a group of progressive lawmakers in Massachusetts insists they’re interested only in raising taxes on millionaires to ensure they pay their “fair share,” be on guard. Given the chance, those lawmakers might feel perfectly comfortable with the rest of us paying a higher tax rate, too.

Among the 1,200 proposed amendments to the House Ways and Means budget, which will be debated on the House floor next week, is a proposal from a Democratic lawmaker to freeze the state income tax rate at its current 5.1 percent.

Now, under the current schedule, should revenue meet certain targets, the tax is expected to drop to 5.05 percent on Jan. 1. And blocking a .05 percent reduction in the income tax rate may not sound like much of a burden on Massachusetts taxpayers.

But the gradual reduction of the income tax rate back down to 5 percent is part of a longstanding promise on Beacon Hill — a promise that was only made after a previous promise to voters, who ordered a full rollback to 5 percent, had been broken.

The amendment’s sponsor, Rep. Denise Provost (D-Somerville), doesn’t just want millionaires to pay a higher tax rate (a 4 percent surcharge on income above $1 million, the subject of a proposed constitutional amendment for which Provost advocates). She wants the tax burden to remain where it is for all filers, regardless of the voters’ intention.

The amendment has 11 Democratic co-sponsors. Fortunately it is unlikely to find support among House leaders, who to their credit have put together a budget proposal that holds the line on broad based taxes.

A small group of Republicans, meanwhile, has filed an amendment that would accelerate the reduction in the income rate to 5 percent by next Jan. 1. Given the tight control House leadership wields over the process, neither amendment is likely to pass (and their sponsors know it).

But both amendments reveal something about those sponsors — and their relative level of respect for both voters and taxpayers.


State House News Service
Monday, April 10, 2017

Frayed Community Preservation partnership in danger of collapsing
By Colin A. Young


As the state's contribution rate continues to decline to record low levels, supporters of the Community Preservation Act touted legislation they say is necessary to preserve the open space protection partnership.

When Gov. Paul Cellucci signed the Community Preservation Act (CPA) into law in 2000, it was with the promise of state matching funds from a CPA Trust Fund to preserve open space, renovate historic buildings and parks and to build new playgrounds and athletic fields.

But that partnership, during the first six years of which the state matched 100 percent of what each municipality raised by its property tax surcharge, has become more one-sided in the last decade, with state matching funds falling or remaining flat in eight of the last nine years.

"Unfortunately, that distribution has steadily declined -- it was down about a third last year to a record low of 20 percent and the Department of Revenue just informed us last week that they estimate this year's match will fall to another record low of 15 percent," Stuart Saginor, executive director of the Community Preservation Coalition, said. "And it will fall again in 2018 when Boston and nine other mostly large cities and towns get their first CPA Trust Fund distribution."

He added, "It's really not exaggerating to say that the future of the program hinges on this legislation and as the match has dropped existing communities are increasingly asking if the program still makes sense and the low match is giving new communities pause."

Saginor was among about a dozen of people who testified Monday before the Joint Committee on Revenue in support of legislation (H 2615 and S 1504) that would raise the Registry of Deeds filing fees that feed the trust fund to a level sufficient to ensure all CPA communities will receive state match of at least 50 percent in their first round distribution each year.

State matching funds are currently provided through a $20 fee assessed on certain real estate transactions through registries of deeds. The fee structure and match rate formula have not been changed since the CPA went into law in 2000.

The bill -- filed in the House by Reps. Stephen Kulik and Kevin Honan, and in the Senate by Sen. Cynthia Creem -- attracted 124 legislators to sign on as co-sponsors, including about a dozen Republicans. A similar bill won a favorable report from the Revenue Committee last session but never made it out of the House Ways and Means Committee.

Also Monday, the bill's sponsors sent a letter signed by a bipartisan group of 81 lawmakers to the Revenue Committee, urging another favorable report.

"In order to continue to allow the CPA program to continue to be used as a smart growth and job creation tool for our communities around the Commonwealth, it is critical that we move quickly on this legislation," the letter said.

Since the CPA first took effect, 172 cities and towns have adopted it (49 percent of municipalities and 60 percent of the state's population), raising $1.75 billion to create and support more than 10,600 affordable housing units, 4,440 historic preservation projects, almost 1,750 local parks and recreation projects, and conservation of 26,200 acres of open space, according to the Community Preservation Coalition.

"In my district I've had the joy of watching how that kind of investment by the state and local community has transformed some of the neighboring towns," Rep. Joan Meschino, of Hull, told the committee Monday. "So I wanted to make sure you understood that certain small towns haven't always been able to make that commitment ... and remind you in person how important even a small contribution from the state is; it's important and meaningful."

Saginor said it is imperative that the Legislature move swiftly to adjust how the CPA Trust Fund is supported because the 10 of the 11 communities where voters opted into the CPA in November -- including Boston -- could claim their first state match in 2018 and the state will need about a year to collect the additional money before it can be distributed.

The Legislature, in recent years, has allocated surplus funding to the CPA Trust Fund as the state match rate has dropped below 50 percent in all but one of the last seven years.

"We think everyone would agree that state budget surplus funding is not a long-term answer to the continued pressure on the CPA Trust Fund," Saginor said. "We know that lawmakers appreciate the good work CPA is doing in their districts, and we are looking forward to working with them, as well as all the new CPA communities, existing CPA cities and towns, and other stakeholders across the state, to enact a permanent solution."


The Boston Herald
Monday, April 17, 2017

A Boston Herald editorial
Community cash grab


The state has had to scale back the amount it distributes to cities and towns to help fund their community preservation programs, so naturally some lawmakers want to raise fees to make up the difference.

But why should cities and towns be guaranteed a pipeline of state funding for parks and open space that they are already taxing local property owners to finance?

The Community Preservation Act was enacted nearly two decades ago as a way for local communities to preserve open space, build affordable housing and rehab historic properties. Over the years the program has expanded to include all manner of projects under the “preservation” umbrella, including bike paths and war memorials and parking lots.

Local funds for the program come from a surcharge on property tax bills. State matching funds come from a $20 surcharge on filing fees at the registries of deeds.

But as the number of communities participating in the program has grown, the balance in the state CPA trust fund has led to lower payouts. That displeases those who feel the state should fund elective projects that cities and towns choose not to finance within the constraints of their own local budgets.

Pending legislation would adjust the state filing fees to ensure that all participating cities and towns receive at least 50 percent in state matching funds in the first round of grants each year. If the trust fund runs short the fees go up — how high, well, that depends on how many communities participate and how many projects they see fit to approve. The State House News Service reported last week that 124 lawmakers have signed on as sponsors of House and Senate versions of this fee hike.

But keep in mind that only 49 percent of cities and towns in Massachusetts have adopted the CPA, which means that property owners who live in communities that choose not to participate subsidize those skate parks and bike paths and ballfields in communities that do.

Beacon Hill routinely diverts a portion of any surplus funds available at the end of each fiscal year to the CPA trust fund. For advocates that isn’t enough. They want to force every individual who engages in a real estate transaction to pay a higher fee, to fund exceedingly local projects in which they have no say. It’s unreasonable and it shouldn’t pass.

 

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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