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CLT UPDATE
Wednesday, October 18, 2017

Grad Tax would hike Mass. to 2nd-highest in U.S., 6th-highest in world


The proposed “millionaire’s tax” set for the 
November 2018 ballot would force Bay Staters to pay the second-highest combined state and federal top capital gains tax rate in the country and sixth-highest in the world, according to a stunning new report by the Pioneer Institute.

“Right now we’re in the middle of the pack,” said Greg Sullivan, the former state Inspector General, now the research director at the Pioneer Institute. “This would kick us up to be second-highest for people over a million dollars.” ...

The Pioneer Institute argues that the state’s top tax rate on capital gains — generated as a result of selling investments like stocks or your home — would increase to 9.1 percent, jumping Massachusetts from 30th-highest in the nation to fourth.

But taxpayers usually must file federal taxes, too. So for a Bay Stater paying both state and federal taxes, that combined top capital gains tax rate would soar from 28.1 percent to 32 percent, according to Pioneer. That would elevate Massachusetts from 25th place in the nation currently to 2nd place, behind only California (33 percent), Pioneer concluded.

Compared to other countries, the Bay State would have the sixth-highest combined top capital gains tax rate in the world, behind just Denmark (42 percent), France (34.4 percent), Finland, Ireland and California (all 33 percent).

Raising taxes — or “back to Taxachusetts,” as the report claims — could discourage companies such as Amazon from locating to the Bay State, and could even drive some wealthy innovators away, said Sullivan.

The Boston Herald
Tuesday, October 17, 2017
Study: Millionaire’s tax would bring state back to 'Taxachusetts'


Right now, the top marginal tax rate on capital gains in Massachusetts is 28.1 percent, when the federal and state rates are combined, Pioneer said in a new policy brief. That’s the 25th-highest rate in the U.S., it said.

But a “yes” vote next year would increase that tax rate to 32 percent, second only to California nationwide, according to Pioneer. Across the globe, only Denmark, France, Finland and Ireland have higher rates, the organization said....

The libertarian group said it’s important to keep taxes on investments low to spur economic growth and create jobs. “To attract business-oriented individuals to start new businesses that stay here in Massachusetts, it’s probably not a good thing to stand out from the rest of the country,” said Gregory Sullivan, Pioneer’s research director and the former inspector general of Massachusetts.

Even if Congress were to lower federal taxes on capital gains, it would not affect Pioneer’s analysis, according to Sullivan. Massachusetts would still stand out in a negative way from other states, since any federal changes will apply across the board nationwide, he said.

“I understand that people may feel that folks who make a lot of money should pay more taxes, but there’s a downside when you hang a sign that says you have the second-highest capital gains tax in the U.S.A.,” Sullivan said. “People should think about that.” ...

The argument over the proposal’s effect on investment will be one of several fights that will play out between proponents and opponents of the measure over the next year, assuming the proposal is not struck down by the Supreme Judicial Court. Five of the state’s major business groups have challenged the constitutionality of the tax. A ruling is expected in the first half of 2018.

Boston Business Journal
Tuesday, October 17, 2017
‘Millionaires’ tax’ would make Mass. an outlier in capital gains tax, says group


The threat from that so-called millionaire’s tax headed for the Massachusetts ballot is far worse than its proponents have been letting on.

The impact on capital gains taxes — little talked about by those pushing the initiative petition — would have a devastating effect on the state’s economy, according to a new report by the Pioneer Institute.

In fact, it would hike the state’s top marginal rate from its current ranking of 30th in the nation to fourth highest in the nation. Adding state and federal rates would bring Massachusetts from 25th in the nation to second (behind only California) — and the sixth highest in the world.

Now to our way of thinking that’s rather horrifying....

The state’s Supreme Judicial Court is being asked to take a serious look at the nature of the ballot question itself and whether it indeed constitutes exactly the kind of log-rolling measure that would prohibit it from being considered a proper initiative petition in the first place. (It would dedicate new revenue to education and transportation.)

But barring a court reprieve, this is no time to send the state back to the bad old days of its Taxachusetts roots.

A Boston Herald editorial
Wednesday, October 18, 2017
Taxachusetts revisited


In court documents, the coalition of business groups say the question should never have been certified by Healey because it improperly links changes to the state’s income tax rate and spending on transportation and infrastructure. Additionally, they argue the changes would violate the state Constitution by stripping the Legislature of its taxing authority and making appropriations by initiative petition.

The court is expected to hear arguments in the case beginning Feb. 5, with a decision expected sometime in the spring.

Supporters of the tax dismissed the lawsuit as “corporate lobbyist hypocrisy” and said they’re confident it will stand up to a legal challenge.

“These corporate executives have made tens of millions of dollars running companies that benefit from investments in transportation and public education, and they don’t hesitate to take millions of dollars in tax breaks from the state,” said Deb Fastino, executive director of the Coalition for Social Justice.

“Now they’re secretly bankrolling a legal challenge to avoid paying a small percentage of their enormous incomes to help our economy grow,” she added....

The millionaire tax amendment would change a 1917 provision that requires a uniform tax rate for all citizens.

Progressive Democrats, including Senate President Stanley Rosenberg, D-Amherst, have for years pushed a graduated income tax, similar to the federal system, in which low-income taxpayers pay at a lower rate than those with larger incomes.

But the state’s voters have rejected those efforts five times, most recently in 1994.

Massachusetts currently has a flat 5.1 percent income tax rate.

The Newburyport Daily News
Friday, October 13, 2017
Mass. business groups push to stop 'millionaires tax'


Chip Ford's CLT Commentary

Click below graphic to enlarge

Massachusetts taxpayers, we're still not #1 in marginal tax rates.  California holds that distinction.  But in Massachusetts we don't have marginal tax rates we have a constitutional flat-tax by which we all pay the same rate based on our individual income.

If the Gimme Cabal manages to trick voters to amend our state constitution, after more than a century that will all be gone and we will have a two-tier graduated income tax.  At that point, for the first time in our state's long and storied history, we will have marginal rates depending on income.

If that should happen, Massachusetts will leap to the head of the highest-taxed states, behind only California (assuming it doesn't secede from the nation).

Worldwide, Massachusetts will tax at a higher rate than all but four other countries (and California, which already acts as an independent nation) according to OECD (Organisation for Economic Co-operation and Development, 35 member countries that include many of the world’s most advanced countries but also emerging countries like Mexico, Chile and Turkey.)

If the Gimme Cabal ever manages to break our flat-tax barrier and replace it with the graduated income tax they've long-lusted to impose by any means it won't be long before Massachusetts surpasses California for #1 nationally.  No doubt soon after, Taxachusetts will vie to become #1 internationally as well.  "Taxachusetts" is simply too provincial, so passé if we're to run for the gold we must to be #1 of the entire New World Order.  Only Ireland, Finland, France and Denmark will stand in our way!

For now we pray the Massachusetts Supreme Judicial Court throws out this abomination before it can do any damage.  On the merits of the challenge the SJC should toss it out.

"The court is expected to hear arguments in the case beginning Feb. 5, with a decision expected sometime in the spring," Christian M. Wade reported for the North of Boston Media Group.

I can't see how the court can rule other than rejecting the ballot question on a number if not all of its challenged deficiencies but of course this is the highest court in Massachusetts where anything is possible and the unexpected, baffling, and convoluted is often the result.

Chip Ford
Executive Director


 
The Boston Herald
Tuesday, October 17, 2017

Study: Millionaire’s tax would bring state back to 'Taxachusetts'
By Chris Cassidy


The proposed “millionaire’s tax” set for the 
November 2018 ballot would force Bay Staters to pay the second-highest combined state and federal top capital gains tax rate in the country and sixth-highest in the world, according to a stunning new report by the Pioneer Institute.

“Right now we’re in the middle of the pack,” said Greg Sullivan, the former state Inspector General, now the research director at the Pioneer Institute. “This would kick us up to be second-highest for people over a million dollars.”

The so-called “millionaire’s tax,” which is 
expected to be a ballot question next year, would place an additional 4 percent tax surcharge on top of the state’s 5.1 percent income tax for people earning beyond $1 million.

So a Bay Stater pulling in $1.1 million, for example, would pay 5.1 percent on the first million and a 9.1 percent rate on the additional $100,000.

The Pioneer Institute argues that the state’s top tax rate on capital gains — generated as a result of selling investments like stocks or your home — would increase to 9.1 percent, jumping Massachusetts from 30th-highest in the nation to fourth.

But taxpayers usually must file federal taxes, too. So for a Bay Stater paying both state and federal taxes, that combined top capital gains tax rate would soar from 28.1 percent to 32 percent, according to Pioneer. That would elevate Massachusetts from 25th place in the nation currently to 2nd place, behind only California (33 percent), Pioneer concluded.

Compared to other countries, the Bay State would have the sixth-highest combined top capital gains tax rate in the world, behind just Denmark (42 percent), France (34.4 percent), Finland, Ireland and California (all 33 percent).

Raising taxes — or “back to Taxachusetts,” as the report claims — could discourage companies such as Amazon from locating to the Bay State, and could even drive some wealthy innovators away, said Sullivan.

“I think that any business or even an independent investor or businessman trying to choose a location would probably not consider Massachusetts — having the second-highest capital gains tax rate — as having an advantage,” said Sullivan. “It’s just one more element that can convince people to relocate to other states with lower tax rates.”

Sullivan added that the ballot question would also cause Massachusetts to treat capital gains differently than the federal government. Under the initiative, those capital gains — including the sale of a home (beyond $250,000 for a single person or $500,000 for a married couple) — would count toward a person’s overall income for state tax purposes, but not federal tax purposes, said Sullivan.

“This would affect people who are longtime home-owners who have owned property for 20 or more years, for example, who have seen considerable appreciation,” said Sullivan. “That income gets counted as part of your income for the year.”

Supporters of the ballot question — who dub it the “fair share amendment” — insist that 99 percent of Bay Staters won’t be affected by the tax. While they concede that a small number of high-income retirees could decide to leave, many wealthy working taxpayers won’t move out because they want to keep their jobs.

The estimated $1.9 billion a year in additional revenue would be used for public education, including colleges and universities, and transportation, including roads and bridges.

Boston Business Journal
Tuesday, October 17, 2017

‘Millionaires’ tax’ would make Mass. an outlier in capital gains tax, says group
By Greg Ryan


The so-called “millionaires’ tax” would dramatically increase taxes in Massachusetts on gains from the sale of stocks and other investments, making the Bay State the second-highest in the country for such taxes, according to the Pioneer Institute.

Massachusetts residents are set to vote in November 2018 on a proposal to raise state taxes on every dollar that a person makes over $1 million.

Right now, the top marginal tax rate on capital gains in Massachusetts is 28.1 percent, when the federal and state rates are combined, Pioneer said in a new policy brief. That’s the 25th-highest rate in the U.S., it said.

But a “yes” vote next year would increase that tax rate to 32 percent, second only to California nationwide, according to Pioneer. Across the globe, only Denmark, France, Finland and Ireland have higher rates, the organization said.

The libertarian group said it’s important to keep taxes on investments low to spur economic growth and create jobs. “To attract business-oriented individuals to start new businesses that stay here in Massachusetts, it’s probably not a good thing to stand out from the rest of the country,” said Gregory Sullivan, Pioneer’s research director and the former inspector general of Massachusetts.

Even if Congress were to lower federal taxes on capital gains, it would not affect Pioneer’s analysis, according to Sullivan. Massachusetts would still stand out in a negative way from other states, since any federal changes will apply across the board nationwide, he said.

“I understand that people may feel that folks who make a lot of money should pay more taxes, but there’s a downside when you hang a sign that says you have the second-highest capital gains tax in the U.S.A.,” Sullivan said. “People should think about that.”

Noah Berger, the president of the left-leaning Massachusetts Budget and Policy Center, takes issue with the claim that higher taxes on capital gains will hurt the local economy. Despite having the highest capital gains taxes nationwide, California has a strong economy, he argued. Meanwhile, Kansas rolled back tax cuts earlier this year after they failed to produce significant economic growth, he said.

Revenue generated by the “millionaires’ tax” is supposed to be reserved for improving education and transportation. Pioneer’s Sullivan acknowledged that while the proposal would hurt Massachusetts competitiveness on capital gains taxes, it could help the state’s business climate by improving schools and transit.

The argument over the proposal’s effect on investment will be one of several fights that will play out between proponents and opponents of the measure over the next year, assuming the proposal is not struck down by the Supreme Judicial Court. Five of the state’s major business groups have challenged the constitutionality of the tax. A ruling is expected in the first half of 2018.

Pioneer does not typically take official positions of ballot measures, Sullivan said. The group is generally known for its tax-skeptical views.


The Boston Herald
Wednesday, October 18, 2017

A Boston Herald editorial
Taxachusetts revisited


The threat from that so-called millionaire’s tax headed for the Massachusetts ballot is far worse than its proponents have been letting on.

The impact on capital gains taxes — little talked about by those pushing the initiative petition — would have a devastating effect on the state’s economy, according to a new report by the Pioneer Institute.

In fact, it would hike the state’s top marginal rate from its current ranking of 30th in the nation to fourth highest in the nation. Adding state and federal rates would bring Massachusetts from 25th in the nation to second (behind only California) — and the sixth highest in the world.

Now to our way of thinking that’s rather horrifying.

“By imposing a 4 percent income surtax on all annual income over $1 million, including capital gains, Proposition 80 would penalize the capital formation that is the key to long-term growth and higher living standards,” the study authored by Pioneer research director Greg Sullivan noted.

The report also points out that the tax would apply to capital gains from the sale of a principal residence (minus exclusion of $250,000 for a single filer or $500,000 for a married couple) — raising the possibility of creating “accidental millionaires” in today’s hot real estate market.

The state’s Supreme Judicial Court is being asked to take a serious look at the nature of the ballot question itself and whether it indeed constitutes exactly the kind of log-rolling measure that would prohibit it from being considered a proper initiative petition in the first place. (It would dedicate new revenue to education and transportation.)

But barring a court reprieve, this is no time to send the state back to the bad old days of its Taxachusetts roots.


The Newburyport Daily News
Friday, October 13, 2017

Mass. business groups push to stop 'millionaires tax'
By Christian M. Wade


BOSTON — The state’s business community is mounting a last-ditch legal challenge to keep a proposed tax on the state’s highest earners off next year’s ballot.

Under the plan, which was twice approved by the Legislature and certified for the November 2018 ballot by Attorney General Maura Healey, individuals who make more than $1 million per year would be subject to a 4 percent surtax. The special tax would only apply to portions of income over $1 million.

Opponents say the proposed levy would hurt the state’s business climate, drive job creators elsewhere and lead to a confusing and unfair tax system. They’ve filed a legal challenge against the referendum with the Supreme Judicial Court, questioning the legality of the proposed “millionaire tax.”

“We’ve made a lot of progress in the past 20 years to move away from the ‘Tax-achusetts’ label and boost economic growth,” said Chris Anderson, president of the Massachusetts High Technology Council, which has joined with other business and trade groups to fight the ballot question. “We believe this tax would be a blow to our ability to remain competitive with states that are hungry for the same jobs and employers that are driving our economy.”

In court documents, the coalition of business groups say the question should never have been certified by Healey because it improperly links changes to the state’s income tax rate and spending on transportation and infrastructure. Additionally, they argue the changes would violate the state Constitution by stripping the Legislature of its taxing authority and making appropriations by initiative petition.

The court is expected to hear arguments in the case beginning Feb. 5, with a decision expected sometime in the spring.

Supporters of the tax dismissed the lawsuit as “corporate lobbyist hypocrisy” and said they’re confident it will stand up to a legal challenge.

“These corporate executives have made tens of millions of dollars running companies that benefit from investments in transportation and public education, and they don’t hesitate to take millions of dollars in tax breaks from the state,” said Deb Fastino, executive director of the Coalition for Social Justice.

“Now they’re secretly bankrolling a legal challenge to avoid paying a small percentage of their enormous incomes to help our economy grow,” she added.

Other groups represented in the legal challenge against the tax are Associated Industries of Massachusetts, the Massachusetts Taxpayers Foundation, and the Massachusetts Competitive Partnership.

The coalition behind the measure, Raise up Massachusetts, which is largely backed by labor unions, is pushing two other ballot questions for 2018 that have raised concerns among business leaders. One would bump the minimum wage to $15 an hour; the other would require employers to provide paid leave.

The state is seeking new sources of revenue to address transportation and education needs in light of a structural budget deficit of roughly $1 billion.

Proponents estimate that the tax proposal would drum up more than $2 billion a year in additional revenue.

Supporters collected more than 157,000 signatures in 2015 to put the measure to voters. House and Senate lawmakers, voting in two Constitutional Conventions over the past two years, approved the ballot question. Healey certified the question for the November 2018 ballot in August.

The state Constitution has been amended only 121 times since it was ratified in 1780, according to the Secretary of State’s office. Voters most recently changed it in 2006, when they approved the state’s health care law.

The millionaire tax amendment would change a 1917 provision that requires a uniform tax rate for all citizens.

Progressive Democrats, including Senate President Stanley Rosenberg, D-Amherst, have for years pushed a graduated income tax, similar to the federal system, in which low-income taxpayers pay at a lower rate than those with larger incomes.

But the state’s voters have rejected those efforts five times, most recently in 1994.

Massachusetts currently has a flat 5.1 percent income tax rate.

Exactly how many households or individuals statewide would be affected by the proposed tax isn’t clear.

The latest “Wealth Report” by the Boston Business Journal found there were hundreds of tax filers on the North Shore and in the Merrimack Valley reporting at least $1 million in income in 2014, the most recent tax year available.

Andover topped the list in the region with 264 filers with incomes above the $1 million mark, followed by Marblehead, which had 168. North Andover had 116 and Beverly 99. Manchester-by-the-Sea boasted 98 filers above $1 million. Gloucester had 56, Newburyport had 41, and Salem had 14.

Statewide, at least 15,273 Massachusetts residents reported at least $1 million in income in 2014, according to the BBJ report.

Opponents of the measure point out that small business owners could wind up paying more, even if their personal income isn’t above $1 million.

Chris Carlozzi, Massachusetts state director for the National Federation of Independent Businesses, said many “pass-through” businesses -- where profits are passed through to the owners’ personal tax filings and business income is taxed at personal tax rates -- could end up paying substantially more.

“This is a misguided tax policy that would will have a devastating impact on small businesses, not just corporations,” said Carlozzi, whose group has also signed on to the lawsuit. “It would seriously inhibit their ability to grow their business, and in turn provide jobs and strengthen the state’s economy.”

 

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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