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CLT UPDATE
Tuesday, May 16, 2017

Any "fiscal discipline" in the Senate Budget?


"There are a lot of bills floating around on education and my opinion at this point is that we need to focus on the Fair Share ballot question that's coming up in November of '18 because the $2 billion or so that will be raised will be a major source of funding for the future of education."

Senate President Stan Rosenberg, D-Amherst, on the likely 2018 ballot question that would impose an additional 4 percent income tax, on top of the current 5.10 percent tax, on taxpayers' earnings of more than $1 million.

"Sounds like Sen. Rosenberg is telling the teachers union to focus on taking more taxpayers' money 'for the children,' then come back and lower education standards."

Chip Ford, Executive Director of Citizens for Limited Taxation.

Beacon Hill Roll Call
Monday, May 15, 2017
Quotable Quotes


There appears to be a slight disagreement on Beacon Hill over whether lawmakers should invest more of their energy into campaigning for a tax increase on millionaires — or into a bill that would toss out the MCAS test and guarantee that kids get recess every day.

Can the sponsors of these measures really be this out of touch? ...

We suspect Rosenberg may support the meat of Rush’s bill — but isn’t thrilled at the idea of going 10 rounds over mandatory recess, or giving fired teachers more tools to fight their termination, while at the same time trying to convince the public to give Beacon Hill billions more to spend on schools.

In the end neither approach puts a premium on accountability. That’s a standard Massachusetts can’t afford to weaken.

A Boston Herald editorial
Friday, May 12, 2017
Lesson in accountability


For a state that insists its old “Taxachusetts” label is outdated, there’s a lot of tax-raising talk on Beacon Hill these days.

There’s the proposal dubbed the millionaires’ tax. And a push for additional taxes on marijuana. There’s a plan to tax Airbnb users. And a bill to impose a tax on sugary drinks....

Ever since Baker took office in January 2015, he and House Speaker Robert A. DeLeo have effectively put the kibosh on raising taxes. But as state tax revenues come in far short of expectations month after month, and the state faces what could be a half-billion-dollar budget gap, the Democrat-controlled Legislature — in particular the Senate — is looking to raise revenue.

“We have to get more revenue into our system,” Senate President Stanley C. Rosenberg said, “just to be able to support the public services that we need to maintain a robust economy.”

In an interview, Rosenberg emphasized his belief that “we have a 20th-century tax system in a 21st-century economy.” He said he is open to including new taxes in the state budget plan his chamber will unveil and debate this month.

The chatter is already drawing criticism from low-tax advocates.

“It’s déjà vu all over again,” groused Chip Faulkner of Citizens for Limited Taxation. “They overspend in the good times, and then when the revenue slows down or the economy slows down, their first talk is not of cutting the budget, but of slamming the taxpayers.” ...

“Obviously the cry for more revenue increases when revenues come in below expectations, and that’s happened for the last couple of years,” said Eileen McAnneny, the president of the business-backed Massachusetts Taxpayers Foundation. “That pressure is real.” ...

“Getting spending under control, particularly for MassHealth, will be an important part of any sustainable solution,” she said.

McAnneny, whose group opposes the millionaires’ tax, also cautioned that the Legislature has to be careful tinkering with tax policy to avoid unintended consequences, especially since there are signs that the economy could be heading for a downturn....

State Representative Jay R. Kaufman, House chairman of Joint Committee on Revenue, said that Beacon Hill policy makers have been so unwilling to talk about taxes for so long that “the accumulation of service cuts and disappointments is finally beginning to be manifest. We simply can’t continue to have a high-cost state — and that includes state services — and expect to be the Commonwealth we would like to be without paying for it.”

On the other hand, McAnneny, of the taxpayers foundation, emphasized that in the sweep of Massachusetts history, a slew of tax increases is not so far in the rearview mirror.

In 2009, then-Governor Deval Patrick signed into law increases in several taxes, including boosting the sales tax rate from 5 to 6.25 percent....

How Massachusetts’ taxes compare to other states depends on the measurement and the tax.

For example, this year Massachusetts has the 35th highest combined state and local sales tax rate in the nation but the fourth-highest cigarette tax, according to the Tax Foundation.

Yet, it will take Massachusetts residents longer than most to reach tax freedom day — how far into the year they have to work before they have earned enough money to pay all federal, state, and local taxes for the year. It is May 5, putting Massachusetts near the bottom of the nation, 47th, according to the foundation.

The Boston Globe
Monday, May 15, 2017
On Beacon Hill, new talk of raising taxes


City and town treasuries are due tens of millions of dollars in unpaid motor vehicle taxes, but local officials have few options to make scofflaws pay up.

The unpaid bills — which in many cases are years old — are especially frustrating for cash-strapped city and town halls that have scaled back services amid dwindling revenues and rising costs....

The tax, which charges $25 per every $1,000 on a vehicle’s value, dates to the 1940s when it was created to help pay for the war effort. Collections vary by community, but the state's 351 cities and towns collectively charge about $800 million a year....

Unlike real estate and property taxes, however, communities have limited ways to collect unpaid motor vehicle taxes. They cannot seize a vehicle in the same way they might place a lien on a house.

In Lawrence, if vehicle tax bills aren’t paid within 30 days, the city sends a demand notice and tacks on a $30 fee. If that doesn’t work, it issues a warrant for the outstanding tax and dispatches a deputy tax collector to visit the owner.

Like most communities, the city charges 12 percent interest on delinquent excise taxes. It tacks on additional fees, ranging from $12 to $22, for bills that remain unpaid.

“It can really add up over time,” said Kelly Oakes, the city’s treasurer and tax collector.

If its collection efforts don’t work, a notice is sent to the motor vehicle registry, which can suspend a driver’s license and registration until the balance is paid....

Tax watchdogs question the need for the excise tax, citing sales taxes on new vehicles, bi-annual registration fees and yearly inspection charges that motorists have to pay.

“We don’t believe they should have it anymore,” said Chip Faulkner, a spokesman for Citizens for Limited Taxation. “There’s just too many taxes and fees to own a car.”

The group, founded by the late Barbara Anderson, successfully pushed to get the excise tax lowered from $66 per $1,000 of valuation as part of the Proposition 2½ ballot initiative approved in 1980.

Since then, the levy has remained unchanged.

The Salem News
Thursday, May 11, 2017
Unpaid excise taxes a drag on local budgets


Unpaid excise taxes on cars, vans and trucks, along with late fees and interest, are dripping red ink off local books — one estimate puts the statewide total at $176 million. A portion of the uncollected money is certainly the fault of scofflaws unwilling or unable to pay their share. But some portion owes to the simple fact that cars and trucks get sold, and local officials never find out.

That’s because sellers and buyers are now responsible for informing town halls when a vehicle changes hands. If they don’t — perhaps someone sells a car then leaves town — local officials continue to bill the former owner. Late fees pile up. In some cases, people who’ve left the state are on the hook for vehicles they no longer own....

A relatively simple, administrative move can fill part of this void — or at least keep it from getting much larger in the future. It involves the state’s Registry of Motor Vehicles cluing in local treasurers and collectors when a car, minivan or truck in their communities changes hands. Rep. Diana DiZoglio, D-Methuen, is asking for just that in what should be a non-controversial, no-brainer bill that will make life easier for many — including drivers and taxpayers....

DiZoglio’s solution to this issue isn’t the only proposal to make excise taxes collection more reasonable. She also wants to reset the tax, itself, so that it’s based upon the current estimated value of a vehicle — not the value of the car when it was purchased.

This is more than fair for a tax that was first assessed to raise money for the war effort — the World War II war effort, that is. The excise tax, first levied on sales of Packards and Studebakers, has now lingered into a new century due to the immutable force of government some might know as Anderson’s law — that a tax, once imposed, never goes away.

“We don’t believe they should have it anymore,” Chip Faulkner, spokesman for the group founded by the late Marbleheader Barbara Anderson, Citizens for Limited Taxation, told Statehouse reporter Christian Wade. “There’s just too many taxes to own a car.” That, or something along those lines, undoubtedly crosses the minds of most people as they try to keep the adhesive on the EZPass transponder to adhere to a car windshield.

An Eagle-Tribune editorial
Sunday, May 14, 2017
Make the excise tax make sense


Tomorrow’s release of its budget plan will be a good test of how seriously the state Senate is taking the sad state of current state tax collections. How refreshing it would be if Senate President Stan Rosenberg, Senate Ways and Means chair Karen Spilka and their team were to file a budget plan that embraces reform and doesn’t put the arm further on taxpayers....

And senators must refrain from trying to squeeze taxpayers even further, which was their approach two years ago, when they tried to undo the will of the voters by freezing a planned income-tax reduction.

It’s bad enough that Senate leaders are fully on board with a campaign to raise taxes on the wealthy through a job-killing ballot question in 2018. Nickel-and-diming regular folks —through, for example, a heavy new tax on soda, which supporters lobbied for last week — would be downright greedy.

It could be a tense couple of months, as Baker and the House and Senate try to reconcile the current revenue picture with already-authorized spending and next year’s budget. It would help the process immensely if senators agree to set up shop in the real world.

A Boston Herald editorial
Tuesday, May 16, 2017
Sense in the Senate


Massachusetts residents are used to pleas from cities and towns to approve Proposition 2½ overrides — local property tax increases that proponents say are vital for maintaining services amid rising costs.

But Hopkinton voters are facing the opposite request: that they pass an “underride.”

For the second time in three years, the town’s Board of Selectmen has placed a property tax cap decrease before voters this spring....

The state law Proposition 2½ limits the annual growth of a community’s property taxes to 2.5 percent plus revenues from new growth. An override allows the community to permanently increase the cap. And an underride enables it to permanently reduce it.

Statewide, there have been only 18 underride attempts since 1988, of which 16 have succeeded, according to state Department of Revenue data.

“It’s very unusual,” said John Robertson, legislative director of the Massachusetts Municipal Association.

In addition to the 2014 vote in Hopkinton, underrides have been adopted in Ayer, Dennis, Gill, Groveland, Holland, Lancaster, Orleans, Plymouth, Rockport, Sandwich, Shelburne, Upton, West Newbury, and Williamsburg. In both West Newbury and Williamsburg, voters approved the tax decreases on two occasions. The only unsuccessful underrides were in Amesbury and Norton.

Cities and towns already have the ability to tax less than their levy limit, and many have accumulated “excess capacity,” Robertson noted, referring to the difference between how much they could raise in taxes if they taxed to their full limit, and how much they actually do. That excess capacity can accumulate over time, to be used by communities if needed....

“The ‘underride’ is the result of years of fiscal discipline,” Brian Herr, chairman of the Board of Selectmen, said by e-mail. “For the last 10 years Hopkinton has repeatedly not taxed to the full amount allowed by Proposition 2½. The ‘underride’ resets the tax levy to a lower amount to ensure fiscal discipline in the years to come.”

Chris Sandini, the town’s finance director, said the underride would not actually lower residential taxes, but would instead reduce how much the town could raise under its cap in future years.

The Boston Globe
Friday, May 12, 2017
Proposition 2½ ‘underride’ anyone?


For the second time in three years, residents have a chance to vote on a measure to protect taxpayers from substantial future tax hikes with an “underride.”

If approved, the underride will permanently reduce the amount of money the town can raise through property or personal taxes each year under Proposition 2½, essentially the opposite of an override. The measure overwhelmingly passed Town Meeting earlier this month.

The town approved a $1.25 million underride in 2014....

According to information on the Mass. Association of Finance Committees’ website, when an underride is passed, the levy limit decreases by the amount voted. That reduces the base for calculating future years’ levy limits, which in turn results in a permanent decrease in the amount of property taxes the community may levy. An underride requires a majority vote of the board of selectmen to be placed on the ballot. It may also be placed by means of a local initiative.

This year’s $1.5 million amount will be drawn from an excess levy amount, which is tax money the town is allowed to collect within the levy limit but hasn’t done so....

"It’s the town’s budget planning that allows for the second underride in three years," [Selectmen Chairman Brian Herr] said. “I could see this repeating itself every three or four years for many years to come if we remain fiscally disciplined.”

The MetroWest Daily News
Friday, May 12, 2017
Underride heads to Hopkinton election


Chip Ford's CLT Commentary

Grab your wallets, hide the children today the state Senate is releasing its version of the next state budget for fiscal year 2018, beginning on July 1.

Already the $40.4 billion budget recently passed by the House likely exceeds revenue "expectations" when and if they are "revised" downward.  The smart thing for the Senate to do would be to look for spending cuts but this is the Massachusetts Senate, so its knee-jerk reaction predictably will be to propose new "revenue enhancements."  For the rest of us that would be tax hikes.

The Boston Globe's Joshua Miller reported:

“We have to get more revenue into our system,” Senate President Stanley C. Rosenberg said, “just to be able to support the public services that we need to maintain a robust economy.” . . .  He said he is open to including new taxes in the state budget plan his chamber will unveil and debate this month.

In my commentary for the CLT Update of April 14 ("Spring tax hikes talk is blooming on Beacon Hill") I noted that the House budget enabled the Senate to include tax hikes when its turn arrived, quoting the State House News Service:

While Speaker Robert DeLeo eschewed broad-based tax increases with his budget proposal, there are provisions in the bill that make it a "money bill," opening the door for the Senate to consider taxes next month when it takes a turn producing a budget. The House bill includes a $2,000 tax credit for businesses that hire veterans, as well as reforms to how sales taxes are collected and remitted to the state.


What a mess everyone's made out of the auto excise (tax) "that was first assessed to raise money for the war effort — the World War II war effort, that is. The excise tax, first levied on sales of Packards and Studebakers, has now lingered into a new century due to the immutable force of government some might know as Anderson’s law — that a tax, once imposed, never goes away."  The only good thing that can be said about it is, as reported in the Salem News:

The group [Citizens for Limited Taxation], founded by the late Barbara Anderson, successfully pushed to get the excise tax lowered from $66 per $1,000 of valuation [to $25 per every $1,000 on a vehicle’s value] as part of the Proposition 2½ ballot initiative approved in 1980.

Since then, the levy has remained unchanged.

It's nice to see that someone remembers how and why the excise tax was reduced by 62 percent and who to thank!


Amidst all the usual daily depressing challenges, I couldn't resist adding a dose of positive news truly a man-bites-dog story!

It is spring so, as usual, we're inundated by news reports of Proposition 2½ overrides, debt exclusions, and over-and-overrides around the state.  Projects that used to be included within a municipal budget are now moved off-budget, the funding dependent on local taxpayers agreeing to tax themselves more, for another school, a fire station, whatever.  Much if not most of municipal spending problems is a result of "contract negotiations" between town officials and the unions — primarily the local teachers union which needs perpetual raises "for the children."  It wasn't so long ago that municipalities were reporting "an embarrassment of riches" in surplus cash.  That didn't last long; it never does.

It is extremely rare to hear of a Proposition 2½ underride.  The Boston Globe reported:

In addition to the 2014 vote in Hopkinton, underrides have been adopted in Ayer, Dennis, Gill, Groveland, Holland, Lancaster, Orleans, Plymouth, Rockport, Sandwich, Shelburne, Upton, West Newbury, and Williamsburg. In both West Newbury and Williamsburg, voters approved the tax decreases on two occasions. The only unsuccessful underrides were in Amesbury and Norton.

Hopkinton is about to vote on its second underride in three years.

“The ‘underride’ is the result of years of fiscal discipline,” Brian Herr, chairman of the Board of Selectmen told the Boston Globe.  “I could see this repeating itself every three or four years for many years to come if we remain fiscally disciplined,” he told the MetroWest Daily news.  Besides being the starting point for the Boston Marathon, what's Hopkinton doing differently that the rest of the cities and towns of the commonwealth and Beacon Hill pols are missing?

Senate President Rosenberg and his tax-borrow-and-spend caucus should inquire about that "fiscal discipline" thing before thinking about hiking our taxes even more.

Chip Ford
Executive Director


 
The Boston Herald
Friday, May 12, 2017

A Boston Herald editorial
Lesson in accountability

There appears to be a slight disagreement on Beacon Hill over whether lawmakers should invest more of their energy into campaigning for a tax increase on millionaires — or into a bill that would toss out the MCAS test and guarantee that kids get recess every day.

Can the sponsors of these measures really be this out of touch?

At a briefing with the Massachusetts Teachers Association on Wednesday, the State House News Service reported, Sen. Michael Rush made a push for his bill, which would implement the 2015 recommendations of a commission that said Massachusetts is under-investing in education to the tune of $2 billion.

Along with a big funding boost, the bill would effectively eliminate the concept of accountability, which over the past two decades has helped to ensure that students in Massachusetts outperform their peers in other states, and that taxpayers are getting a quality return on their investment in education. Among other things, the bill would suspend the MCAS graduation requirement and forbid the use of student test performance to evaluate teachers.

But the day before the Wednesday briefing, Senate President Stan Rosenberg had gently warned education reformers to pick their battles, the News Service reported, as the campaign for a ballot question that would boost education funding heats up. That initiative calls for imposing a 4 percent income tax surcharge on individual earnings above $1 million, with the revenue intended for education (and transportation, too).

We suspect Rosenberg may support the meat of Rush’s bill — but isn’t thrilled at the idea of going 10 rounds over mandatory recess, or giving fired teachers more tools to fight their termination, while at the same time trying to convince the public to give Beacon Hill billions more to spend on schools.

In the end neither approach puts a premium on accountability. That’s a standard Massachusetts can’t afford to weaken.
 

The Boston Globe
Monday, May 15, 2017

On Beacon Hill, new talk of raising taxes
By Joshua Miller


For a state that insists its old “Taxachusetts” label is outdated, there’s a lot of tax-raising talk on Beacon Hill these days.

There’s the proposal dubbed the millionaires’ tax. And a push for additional taxes on marijuana. There’s a plan to tax Airbnb users. And a bill to impose a tax on sugary drinks.

Then there’s no-new-taxes Governor Charlie Baker’s proposed “assessment” to penalize employers $2,000 per worker if they do not provide adequate health insurance — which businesses have decried as an unfair new tax.

Ever since Baker took office in January 2015, he and House Speaker Robert A. DeLeo have effectively put the kibosh on raising taxes. But as state tax revenues come in far short of expectations month after month, and the state faces what could be a half-billion-dollar budget gap, the Democrat-controlled Legislature — in particular the Senate — is looking to raise revenue.

“We have to get more revenue into our system,” Senate President Stanley C. Rosenberg said, “just to be able to support the public services that we need to maintain a robust economy.”

In an interview, Rosenberg emphasized his belief that “we have a 20th-century tax system in a 21st-century economy.” He said he is open to including new taxes in the state budget plan his chamber will unveil and debate this month.

The chatter is already drawing criticism from low-tax advocates.

“It’s déjà vu all over again,” groused Chip Faulkner of Citizens for Limited Taxation. “They overspend in the good times, and then when the revenue slows down or the economy slows down, their first talk is not of cutting the budget, but of slamming the taxpayers.”

And some fiscal watchdogs are cautioning that new revenue will not be a panacea.

So far this fiscal year, which runs through June, the state brought in $462 million, or 2.2 percent, less tax money than expected.

“Obviously the cry for more revenue increases when revenues come in below expectations, and that’s happened for the last couple of years,” said Eileen McAnneny, the president of the business-backed Massachusetts Taxpayers Foundation. “That pressure is real.”

But so, too, she said, is the decline in money available for discretionary spending as fixed costs rise sharply. Those fixed costs include Medicaid, the health program for the poor and disabled also known as MassHealth; pensions; and debt service.

“Getting spending under control, particularly for MassHealth, will be an important part of any sustainable solution,” she said.

McAnneny, whose group opposes the millionaires’ tax, also cautioned that the Legislature has to be careful tinkering with tax policy to avoid unintended consequences, especially since there are signs that the economy could be heading for a downturn.

There is general agreement among the Senate, House, and the governor to impose a new tax on people who use services such as Airbnb if they rent from landlords who have a high-volume business. Elected officials say it’s not a new tax, just leveling the playing field with hotels, which must collect a 5.7 percent state room occupancy tax from guests.

Key legislators also appear warm to an increase in the 3.75 percent state tax on retail marijuana.

And the tax on high earners — via a constitutional amendment that would impose an additional levy of 4 percent on annual taxable income in excess of $1 million starting in 2019 and be tied to inflation — is likely to sail through the Legislature this year. It would be put to voters on next year’s statewide ballot. That could bring in more than $2 billion in new money each year, cash intended for transportation and education.

But any other tax increase — Rosenberg has spoken of a tax on services, though he said in the interview he is not proposing one — may face skepticism from Baker and DeLeo, who is more conservative than his Senate counterpart.

DeLeo’s spokesman, Seth Gitell, said other than Airbnb, marijuana, and the tax on incomes in excess of $1 million, “taxes are not part of the conversation right now.”

Baker told reporters recently that he stands by his 2014 campaign pledge not to raise taxes.

Yet he underscored his long-held position that “if somebody puts a new service in place — Airbnb — and agrees that they would like to be taxed to level the playing field between and among existing providers, I don’t have a problem with that.”

Many in the Legislature, however, see a need for big sources of new money, given the persistent budget gaps.

State Representative Jay R. Kaufman, House chairman of Joint Committee on Revenue, said that Beacon Hill policy makers have been so unwilling to talk about taxes for so long that “the accumulation of service cuts and disappointments is finally beginning to be manifest. We simply can’t continue to have a high-cost state — and that includes state services — and expect to be the Commonwealth we would like to be without paying for it.”

On the other hand, McAnneny, of the taxpayers foundation, emphasized that in the sweep of Massachusetts history, a slew of tax increases is not so far in the rearview mirror.

In 2009, then-Governor Deval Patrick signed into law increases in several taxes, including boosting the sales tax rate from 5 to 6.25 percent.

In 2013, Patrick proposed raising the income tax, cutting the sales tax, and making other revenue-boosting changes to the tax system, in an effort to bring in about $2 billion more annually. But that proposal was effectively dead on arrival in the Legislature.

Lawmakers instead raised the per-gallon gas tax by 3 cents to 24 cents and linked future automatic increases to inflation; instituted a tax on certain computer software services; and hiked the tax on tobacco products.

But, after massive blowback from the business community, the Legislature repealed what came to be known as the “tech tax.” And, the next year, voters nixed linking future gas tax increases to inflation.

How Massachusetts’ taxes compare to other states depends on the measurement and the tax.

For example, this year Massachusetts has the 35th highest combined state and local sales tax rate in the nation but the fourth-highest cigarette tax, according to the Tax Foundation.

Yet, it will take Massachusetts residents longer than most to reach tax freedom day — how far into the year they have to work before they have earned enough money to pay all federal, state, and local taxes for the year. It is May 5, putting Massachusetts near the bottom of the nation, 47th, according to the foundation.

But the Commonwealth’s state and local tax revenue as a percentage of personal income — a broad measure — puts it in the middle of the pack, according to the Urban-Brookings Tax Policy Center.

Wherever the state stands, there are many other tax proposals afoot in the Legislature. One is to freeze the income tax at its current rate of 5.1 percent — instead of allowing it to tick down to 5 percent. That effort has support in the Senate but faces a steeper climb in the House. Baker is also on record opposing such a move.

Another targets a group of beverages.

Senator Jason M. Lewis held a news conference last week trumpeting a bill to impose a tax on sugary drinks as a way to reduce the consumption of such beverages, particularly among children and teens.

Joined by a physician focused on obesity prevention, a former NHL player, and others, he framed the effort as anchored in public health.

But he also floated a projection for how much money it would bring it, should the new levy become law: $368 million every single year.
 


The Salem News
Thursday, May 11, 2017

Unpaid excise taxes a drag on local budgets
By Christian M. Wade, Statehouse Reporter


City and town treasuries are due tens of millions of dollars in unpaid motor vehicle taxes, but local officials have few options to make scofflaws pay up.

The unpaid bills — which in many cases are years old — are especially frustrating for cash-strapped city and town halls that have scaled back services amid dwindling revenues and rising costs.

Lawrence, with one of the largest deficits in the North of Boston region, is due $2.3 million, according to the state Department of Revenue. Of that, $774,977 is due from last year.

The city is also owed $857,245 in unpaid taxes on personal property, and $1.9 million in real estate tax.

Other cities and towns also struggle with unpaid auto taxes.

Peabody is owed more than $1.3 million; Haverhill $1.8 million; Salem $741,695; Newburyport $586,626 and Gloucester $531,308, according to the state.

Boston, with the largest amount of past-due auto taxes, is owed more than $23 million.

All local governments in the state were owed more than $176 million in motor vehicle excise taxes as of two years ago, according to the revenue department.

The tax, which charges $25 per every $1,000 on a vehicle’s value, dates to the 1940s when it was created to help pay for the war effort. Collections vary by community, but the state's 351 cities and towns collectively charge about $800 million a year.

Every year, the Registry of Motor Vehicles sends cities and towns lists of locally registered vehicles. Tax collectors then send bills to the owners. The tax decreases over time but never drops below 10 percent of the manufacturer's list price of a vehicle.

In many communities, the excise tax is one of the largest sources of revenue, next to taxes on real estate and personal property, and state aid. Generally the money goes toward usual operating expenses — such as payroll, pothole repairs, or fixes for water and sewer pipes.

Difficult to collect

Unlike real estate and property taxes, however, communities have limited ways to collect unpaid motor vehicle taxes. They cannot seize a vehicle in the same way they might place a lien on a house.

In Lawrence, if vehicle tax bills aren’t paid within 30 days, the city sends a demand notice and tacks on a $30 fee. If that doesn’t work, it issues a warrant for the outstanding tax and dispatches a deputy tax collector to visit the owner.

Like most communities, the city charges 12 percent interest on delinquent excise taxes. It tacks on additional fees, ranging from $12 to $22, for bills that remain unpaid.

“It can really add up over time,” said Kelly Oakes, the city’s treasurer and tax collector.

If its collection efforts don’t work, a notice is sent to the motor vehicle registry, which can suspend a driver’s license and registration until the balance is paid.

Oakes said the city is aggressive about going after unpaid taxes, and in recent years it’s had a 97 percent collection rate.

But some unpaid debts take years to collect, she said.

Some lawmakers fault the system for allowing consumers to rack up huge tax debts.

Proposed fixes

A proposal filed by Rep. Diana DiZoglio, D-Methuen, would require the Registry of Motor Vehicles to notify local officials when someone turns in their plates or sells a car.

The RMV doesn't inform local tax collectors when a vehicle has been taken off the road, DiZoglio said, leaving that responsibility to individuals. In some cases, people who've left the state are still being sent tax bills for vehicles that have been sold and registered by another owner.

“People shouldn’t be paying taxes on a vehicle they no longer own,” she said.

DiZoglio has also filed a bill that would require vehicle values to be assessed using “Blue Book” values — not the purchase price.

“It’s really an issue of fairness,” she said. “We shouldn’t be placing unfair burdens on taxpayers.”

Other bills would exempt the elderly and low-income veterans from paying.

Tax watchdogs question the need for the excise tax, citing sales taxes on new vehicles, bi-annual registration fees and yearly inspection charges that motorists have to pay.

“We don’t believe they should have it anymore,” said Chip Faulkner, a spokesman for Citizens for Limited Taxation. “There’s just too many taxes and fees to own a car.”

The group, founded by the late Barbara Anderson, successfully pushed to get the excise tax lowered from $66 per $1,000 of valuation as part of the Proposition 2½ ballot initiative approved in 1980.

Since then, the levy has remained unchanged.

Tax collectors say some people overlook their bills and rack up hefty late fees.

“They get the bill in the mail and put it aside to pay and forget about it,” said Alicia McOsker, treasurer and collector for the city of Haverhill. “After they get a couple notices and a visit from the deputy they usually come into city hall and pay it.”

Others ignore or refuse to pay, she said.

“They think if they ignore it, it will go away,” she said. “But it never goes away.”

Christian M. Wade covers the Massachusetts Statehouse for The Salem News and its sister newspapers.


The Eagle-Tribune
Sunday, May 14, 2017

An Eagle-Tribune editorial
Make the excise tax make sense


Bad debts are piling up for city halls and town halls across the state, and the reason appears to be at least partly bureaucratic. While one may question whether local governments are entitled to this money in the first place, the fact remains that old motor vehicle excise taxes that were counted upon to fill potholes and pay teachers were never delivered, leaving local budgets out of kilter.

A relatively simple, administrative move can fill part of this void — or at least keep it from getting much larger in the future. It involves the state’s Registry of Motor Vehicles cluing in local treasurers and collectors when a car, minivan or truck in their communities changes hands. Rep. Diana DiZoglio, D-Methuen, is asking for just that in what should be a non-controversial, no-brainer bill that will make life easier for many — including drivers and taxpayers.

Unpaid excise taxes on cars, vans and trucks, along with late fees and interest, are dripping red ink off local books — one estimate puts the statewide total at $176 million. A portion of the uncollected money is certainly the fault of scofflaws unwilling or unable to pay their share. But some portion owes to the simple fact that cars and trucks get sold, and local officials never find out.

That’s because sellers and buyers are now responsible for informing town halls when a vehicle changes hands. If they don’t — perhaps someone sells a car then leaves town — local officials continue to bill the former owner. Late fees pile up. In some cases, people who’ve left the state are on the hook for vehicles they no longer own.

This leads to budgetary hassles locally. Lawrence, for one, is still waiting to see $2.3 million in unpaid excise taxes. One the other side of the region, in Peabody, the figure is more than $1.3 million. Though it’s unclear how much of that debt stems from this miscommunication with the Registry of Motor Vehicles, which quickly learns of all vehicles sold, there really shouldn’t be any.

All of this can come back to bite taxpayers, too. Called upon by a jilted tax collector, the registry can suspend a car's registration or even a driver’s license over the unpaid excise. For a driver, a paperwork misfire swells into a far larger problem.

DiZoglio’s solution to this issue isn’t the only proposal to make excise taxes collection more reasonable. She also wants to reset the tax, itself, so that it’s based upon the current estimated value of a vehicle — not the value of the car when it was purchased.

This is more than fair for a tax that was first assessed to raise money for the war effort — the World War II war effort, that is. The excise tax, first levied on sales of Packards and Studebakers, has now lingered into a new century due to the immutable force of government some might know as Anderson’s law — that a tax, once imposed, never goes away.

“We don’t believe they should have it anymore,” Chip Faulkner, spokesman for the group founded by the late Marbleheader Barbara Anderson, Citizens for Limited Taxation, told Statehouse reporter Christian Wade. “There’s just too many taxes to own a car.” That, or something along those lines, undoubtedly crosses the minds of most people as they try to keep the adhesive on the EZPass transponder to adhere to a car windshield.

Retiring the excise tax altogether may be too grand a hope. But making it fairer shouldn’t be, including by granting exemptions to the elderly and low-income veterans, as other proposals would do. Ensuring the tax is properly collected shouldn’t be such a tall order, either, especially when all it entails is two layers of government talking to each other.


The Boston Herald
Tuesday, May 16, 2017

A Boston Herald editorial
Sense in the Senate


Tomorrow’s release of its budget plan will be a good test of how seriously the state Senate is taking the sad state of current state tax collections. How refreshing it would be if Senate President Stan Rosenberg, Senate Ways and Means chair Karen Spilka and their team were to file a budget plan that embraces reform and doesn’t put the arm further on taxpayers.

The Senate could pleasantly surprise us all by embracing Gov. Charlie Baker’s proposal to cap the amount of sick leave that state employees can cash out when they retire — or by agreeing to changes in calculating state welfare benefits that account for a beneficiary’s other government income.

But frankly we’d be satisfied if the Senate budget plan simply comes in lower than the versions proposed in recent months by Baker and the House — acknowledging the recent, discouraging slowdown in revenues. It’s dangerous to build a budget on revenues that may be too optimistic and require a later write-down.

And senators must refrain from trying to squeeze taxpayers even further, which was their approach two years ago, when they tried to undo the will of the voters by freezing a planned income-tax reduction.

It’s bad enough that Senate leaders are fully on board with a campaign to raise taxes on the wealthy through a job-killing ballot question in 2018. Nickel-and-diming regular folks —through, for example, a heavy new tax on soda, which supporters lobbied for last week — would be downright greedy.

It could be a tense couple of months, as Baker and the House and Senate try to reconcile the current revenue picture with already-authorized spending and next year’s budget. It would help the process immensely if senators agree to set up shop in the real world.


The Boston Globe
Friday, May 12, 2017

Proposition 2½ ‘underride’ anyone?
By John Laidler


Massachusetts residents are used to pleas from cities and towns to approve Proposition 2½ overrides — local property tax increases that proponents say are vital for maintaining services amid rising costs.

But Hopkinton voters are facing the opposite request: that they pass an “underride.”

For the second time in three years, the town’s Board of Selectmen has placed a property tax cap decrease before voters this spring.

Endorsed by Town Meeting earlier this month, the $1.5 million measure comes up for a ballot vote at the annual town election on Monday. In 2014, Hopkinton approved a $1.25 million tax decrease.

The state law Proposition 2½ limits the annual growth of a community’s property taxes to 2.5 percent plus revenues from new growth. An override allows the community to permanently increase the cap. And an underride enables it to permanently reduce it.

Statewide, there have been only 18 underride attempts since 1988, of which 16 have succeeded, according to state Department of Revenue data.

“It’s very unusual,” said John Robertson, legislative director of the Massachusetts Municipal Association.

In addition to the 2014 vote in Hopkinton, underrides have been adopted in Ayer, Dennis, Gill, Groveland, Holland, Lancaster, Orleans, Plymouth, Rockport, Sandwich, Shelburne, Upton, West Newbury, and Williamsburg. In both West Newbury and Williamsburg, voters approved the tax decreases on two occasions. The only unsuccessful underrides were in Amesbury and Norton.

Cities and towns already have the ability to tax less than their levy limit, and many have accumulated “excess capacity,” Robertson noted, referring to the difference between how much they could raise in taxes if they taxed to their full limit, and how much they actually do. That excess capacity can accumulate over time, to be used by communities if needed.

Robertson said that when underrides are proposed, there are often special circumstances, such as when a town wants to offset an override for a purpose that could not be carried out.

The Hopkinton underride is intended to reduce the size of the town’s existing $3.79 million excess capacity, according to Town Manager Norman Khumalo.

“The ‘underride’ is the result of years of fiscal discipline,” Brian Herr, chairman of the Board of Selectmen, said by e-mail. “For the last 10 years Hopkinton has repeatedly not taxed to the full amount allowed by Proposition 2½. The ‘underride’ resets the tax levy to a lower amount to ensure fiscal discipline in the years to come.”

Chris Sandini, the town’s finance director, said the underride would not actually lower residential taxes, but would instead reduce how much the town could raise under its cap in future years.

Even as they consider the underride, voters are also taking up two debt exclusions, or temporary tax increases, to fund the $525,000 cost of a new HVAC system at the Main Street Fire Station and the $1.05 million cost of traffic calming measures on Hayden Rowe. Together the two measures would add about $25 annually to the average single-family tax bill.

“Our policy is to present all large capital items to the residents for their approval,” Herr said. “Given our strong financial position, we borrow funds at extremely low rates. Moreover, once the project is complete and paid for, it falls off our budget model and does not become a ‘baked-in expense’ going forward.”

Sandini said that even with the underride, the town would still have more than $2 million in its surplus tax reserve next year.

“I am confident the town can meet its obligations” and still have plenty of room under its tax cap, he said.


The MetroWest Daily News
Friday, May 12, 2017

Underride heads to Hopkinton election
By Jonathan Phelps


HOPKINTON — For the second time in three years, residents have a chance to vote on a measure to protect taxpayers from substantial future tax hikes with an “underride.”

If approved, the underride will permanently reduce the amount of money the town can raise through property or personal taxes each year under Proposition 2½, essentially the opposite of an override. The measure overwhelmingly passed Town Meeting earlier this month.

The town approved a $1.25 million underride in 2014.

Selectmen Chairman Brian Herr said this will be an unprecedented move to pass underrides in such a short amount of time if voters approve it on Monday. The polls will be open from 7 a.m. to 8 p.m. at Hopkinton Middle School, 88 Hayden Rowe St.

“Most communities pretty much use that 2½ percent increase allowed under Proposition 2½ every year,” he said.

According to information on the Mass. Association of Finance Committees’ website, when an underride is passed, the levy limit decreases by the amount voted. That reduces the base for calculating future years’ levy limits, which in turn results in a permanent decrease in the amount of property taxes the community may levy. An underride requires a majority vote of the board of selectmen to be placed on the ballot. It may also be placed by means of a local initiative.

This year’s $1.5 million amount will be drawn from an excess levy amount, which is tax money the town is allowed to collect within the levy limit but hasn’t done so.

Herr said this will cut the $3 million excess levy in half, requiring fiscal discipline for future boards and committees.

Herr said this will cut the $3 million excess levy in half, requiring fiscal discipline for future boards and committees.

“We still have some wiggle room in the tax levy if we have a financial crisis,” Herr said.

"It’s the town’s budget planning that allows for the second underride in three years," he said. “I could see this repeating itself every three or four years for many years to come if we remain fiscally disciplined.”

Herr said the underride comes as the town is renovating and expanding the library and building a new elementary school and DPW facility.

“We are not taxing to full amount allowed under law, but we are providing excellent services.”

 

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

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