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CLT UPDATE
Thursday, January 11, 2018

DeLeo blinks: No new "broad-based" taxes


With the first crack at next year's budget -- the version written by Gov. Charlie Baker -- due in 16 days, it's still too soon to decide if new taxes should be on the table, House Speaker Robert DeLeo said Monday.

"Much too early to discuss that at all," DeLeo said when asked about the possibility of new taxes or tax hikes in fiscal 2019.

Two years ago, DeLeo and his then-Ways and Means Chairman Brian Dempsey offered an earlier guarantee of no tax increases in the fiscal 2017 budget, ruling them out in December 2015.

State House News Service
Monday, January 8, 2018
DeLeo: "Too early" to rule out tax increases in state budget


The Massachusetts Republican Party on Tuesday issued a politically-charged statement in response to remarks made by House Speaker Robert DeLeo regarding the potential for new taxes.

The Winthrop Democrat told reporters that it is “much too early to discuss” the possibility of a tax hike, as Republic Governor Charlie Baker has until January 24 to roll out a state budget.

In a press release featuring the subject line “Dems Again Fail to Protect Taxpayers,” the Massachusetts GOP accused DeLeo and the Democratic Party of “refusing to rule out tax increases on hardworking Massachusetts families, continuing an abysmal session that has seen them accomplish little beyond a pay raise for themselves.”

MassGOP Chairman Kirsten Hughes in a prepared statement said “Beacon Hill Democrats just won’t learn.”

Using last January’s pay raise vote as a reminder, Hughes added that “after a year where they achieved next to nothing except a massive pay hike for themselves, they’re already floating the idea of new taxes on hardworking families.”

The New Boston Post
Tuesday, January 9,2018
Massachusetts GOP Blasts Beacon Hill Dems Over Tax Uncertainty


On Monday, after the weekly sit-down of the governor and the legislative leadership, House Speaker Bob DeLeo, the unindicted co-conspirator, was asked if new taxes were on the table in FY 2019.

“Much too early to discuss that at all,” he snapped.

Really? DeLeo said this a few days after the Department of Revenue announced that December tax collections came in $527 million above projections. The commonwealth collected more than $3 billion in taxes that month — in other words, over $100 million a day.

Six months into the fiscal year, state tax collections are running $728 million above estimates for the year.

But grabbing $100 million a day is not enough, apparently. It never is. Because these hacks have a disease. They are taxaholics, and they need a 12-step program of their very own. They could have meetings, but they would need a big room, probably Gardner Auditorium.

“One tax is too many,” the payroll patriots could all chant together, “and a thousand are not enough.”

So they’re not ruling out more tax increases, and this is even before the scheduled referendum question on the statewide ballot in November asking the voters to impose a graduated income tax on themselves.

The Boston Herald
Wednesday, January 10, 2018
Hacks can’t help selves on taxes
By Howie Carr


House Speaker Robert DeLeo this week said it is “much too early” to discuss the possibility of tax hikes or new taxes in next year’s budget. With all due respect to the speaker, it’s never too early to acknowledge — even better when revenues are on the upswing — that taxpayers ought to be inoculated against a legislative raid on their wallets.

In recent years DeLeo has been among the first to rule out tax increases as a way to balance the next year’s budget — much to the consternation of more liberal House members and the Senate president. As the State House News Service points out it was in December 2015, six months before the start of fiscal 2017, that DeLeo and his former Ways and Means Chairman Brian Dempsey made a very public point of taking new taxes off the table....

Meanwhile, given the performance of the last two years — when spending authorized by lawmakers outpaced revenues, leading to a mid-year mess — we can understand why DeLeo would want to approach the budget cautiously.

But such caution, we would argue, is best exercised on the spending side of the ledger.

A Boston Herald editorial
Wednesday, January 10, 2018
Put kibosh on tax talk


Taxpayers might be getting a break on their federal returns this year, but they likely won't get one from the state.

For the second consecutive year, Massachusetts’ personal income tax rate remains unchanged. Revenue collections did not grow enough in the last year, despite a robust economy and low unemployment, to trigger a small income tax cut. As a result, the levy will remain at 5.1 percent in 2017.

The stagnant tax rate has rekindled debate on Beacon Hill over a voter referendum, passed nearly a decade ago [sic-nearly two decades ago], that called on the state to lower the personal income tax.

In 2000, voters overwhelmingly approved a ballot question to cut the then-5.95 tax rate to 5 percent. Two years later, legislators froze the rollback at 5.3 percent to plug budget gaps and added a mechanism allowing the rate to fall only if growth in annual revenues met certain benchmarks.

A tax cut has been triggered four times in the past decade, most recently in 2016 when it fell .05 percent to the current level.

Taxpayer advocates have blasted lawmakers for defying voters, and say the rate should have dropped to 5 percent years ago.

"The fact that almost two decades later we're still not down to 5 percent is appalling," said Chip Faulkner, a spokesman for the group Citizens for Limited Taxation. "The Legislature should be totally ashamed of itself for refusing to lower the rate to the level mandated by voters."

He said Democrats have repeatedly failed to honor the will of voters. Republican lawmakers have sought for several years to lower the rate by legislation, but their proposals are stymied in the Democratic-controlled Legislature.

Senate Minority Leader Bruce Tarr, a Gloucester Republican, has filed a tax rate rollback bill for the past several legislative sessions.

Lawmakers who oppose dropping the rate argue that the state would take a major hit that would mean less money for public schools, transportation and other needs.

Fixing it at 5 percent would mean a roughly $500 million loss to the state, according to the Department of Revenue.

"We have this debate year after year, when tax bills and the budget comes up, but most members vote largely against reducing it to 5 percent, as the voters asked for," said House Minority leader Brad Jones, R-North Reading, the main sponsor of a tax rollback bill in the House. "It's unfortunate."

Rep. Jim Lyons, R-Andover, said voters should be outraged that the state hasn't yet lowered the rate to 5 percent.

"The hardworking people of Massachusetts live under constant fear of the Democrats wanting to raise taxes and take more money from them," he said.

Meanwhile, House Speaker Robert DeLeo has refused to rule out tax increases as the Legislature gets to work on next fiscal year's budget....

Faulkner said Democratic leaders would be ill-advised to consider raising taxes, especially after "voting themselves an $18 million pay raise last year."

"They just can't seem to control their appetite for more spending and higher taxes," he said. "The taxpayers are an afterthought."

The Salem News
Wednesday, January 10, 2018
Steady income tax raises Republicans' ire


House Speaker Robert A, DeLeo is vowing there will be no new "broad-based" taxes in the House budget in the coming fiscal year, suggesting taxpayers won't face any added costs in the next round of state budget negotiations.

DeLeo also suggested that House lawmakers could pursue changes to the state's tax code in wake of the federal tax reform law passed by Congress.

The Winthrop Democrat's comments have often been a key indicator of how taxation will be approached each budget cycle on Beacon Hill, where a fiscally conservative Republican is governor while the more liberal Senate has shown a bigger appetite for more revenue.

"The House will not be proposing any new broad-based taxes in its budget," DeLeo said in a statement released by his office. He also noted a Jan. 23 hearing the Committee on Revenue is hosting to discuss possible changes to the state's own tax code in wake of the federal changes, which, among a range of other things, now cap state and local tax deductions at $10,000.

DeLeo said the House is "exploring options to mitigate negative repercussions" for Massachusetts taxpayers, with a focus on the so-called "SALT cap."

The Boston Herald
Thursday, September 11, 2018
DeLeo signals no major tax hikes on the horizon


The new tax law’s limit on the state and local tax deduction may pose a fiscal threat to high-tax states and their affluent taxpayers. But it’s also a political gift to Democratic officials in those states seeking to raise their national profiles by challenging President Donald Trump and circumventing the law.

For Democratic leaders in New York, California and New Jersey, finding state-level workarounds to the new tax code could deliver on a pocketbook issue for a key constituency: voters in high-cost suburbs from Orange County, California, to Westchester, New York, who are set to lose the most from the SALT cap.

Take New York Gov. Andrew Cuomo: He’s called the SALT cap tantamount to “economic civil war” as he lays the groundwork for a potential Democratic primary bid in 2020. Like his counterparts in California and New Jersey, he’s considering mechanisms for taxpayers to fund state and local government with charitable contributions that are then credited against their tax liability; he’s also looking at a proposal to shift the tax burden from income taxes to payroll taxes....

And the legality of the proposals, despite what advocates say, remains untested. A group of a dozen tax law professors and other experts included both principles in a paper of workaround options circulated last month — titled “The games they will play” — but The Tax Foundation argued last week that because a taxpayer is getting a one-for-one benefit for their donation, it can’t be considered deductible.

Shifting to payroll taxes would be more complicated than the donation idea, business leaders say. Critics note that it would involve reducing wages for some workers and that its benefits would vary by region. It would be a huge hassle with little benefit for a manufacturing firm in Utica, say, but a boon to a white-shoe law firm in Manhattan — and is tripped up by union contracts and the state’s large nonprofit sector.

Politico
Tuesday, April 9, 2018
Blue states eye 'political gift' in tax workaround fight with Trump
 


Chip Ford's CLT Commentary

Well, well, well.  Perhaps there was some scheming going on over the Legislature's recent long, extended holiday vacation after all.  It seems that House Speaker Robert DeLeo was more primed than usual that it is time to hike taxes again.

Never mind that the Legislature has yet to honor the voters' mandate of 2000 that its "temporary" income tax hike of 1989 the Democrat majority's now 29-year brazen broken promise since evaded despite even the voters' strict and overwhelming order to roll it back to 5%.  Going on three decades is long enough to declare that tax hike for what it always was and remains:  An blatant lie from the start by a group of liars who'll say and do whatever it takes to get what they want.

DeLeo has almost always come out of the session gate declaring that there will be no new taxes on the House's agenda.  It goes equally without saying that tax hikes are always at the top of the "more liberal" state Senate's agenda, especially under the past direction of Senate President Stanley Rosenberg.  (Only in Massachusetts can something be called "more liberal" than the state's House of Representatives.)

So when DeLeo dodges the media's question of whether his House plans any tax hikes it is news.

And it remained news until he was forced to back down, declare there are no new "broad-based" tax hikes under consideration.  With Stanley Rosenberg banished to a basement office in the State House, it would be hard for DeLeo to blame him for any tax hike talk.

According to the Boston Herald report:  "He also noted a Jan. 23 hearing the Committee on Revenue is hosting to discuss possible changes to the state's own tax code in wake of the federal changes, which, among a range of other things, now cap state and local tax deductions at $10,000."

Grab your wallets, folks!

The Legislature apparently is going down the same rabbit hole as political leaders in other high-tax, high-spending, Democrat-dominated states have desperately plunged.  They too are intent on protecting their wealthiest state taxpayers by scheming to circumvent federal tax policy while simultaneously plotting to soak the same taxpayers with a state "millionaire's tax."  It’s a “good” tax if it benefits Beacon Hill.

According to a comprehensive report released last Friday by non-partisan, Washington DC-based Tax Foundation, these schemes appear to be a stretch of credulity at best with potential IRS consequences on these states' taxpayers.

In "State Strategies to Preserve SALT Deductions for High-Income Taxpayers: Will They Work?" the foundation analyzes in detail how and why all the hare-brained schemes now being concocted by states seeking to dodge the new federal tax law are highly unlikely to succeed.

We'll be watching how DeLeo and "The Great and General Court" contort themselves to evade federal taxes at their Jan. 23 Revenue Committee hearing.

Chip Ford
Executive Director


 
State House News Service
Monday, January 8, 2018

DeLeo: "Too early" to rule out tax increases in state budget
By Katie Lannan


With the first crack at next year's budget -- the version written by Gov. Charlie Baker -- due in 16 days, it's still too soon to decide if new taxes should be on the table, House Speaker Robert DeLeo said Monday.

"Much too early to discuss that at all," DeLeo said when asked about the possibility of new taxes or tax hikes in fiscal 2019.

Two years ago, DeLeo and his then-Ways and Means Chairman Brian Dempsey offered an earlier guarantee of no tax increases in the fiscal 2017 budget, ruling them out in December 2015.

Baker has until Jan. 24 to file his fiscal 2019 budget proposal. The House Ways and Means Committee, newly helmed by Rep. Jeffrey Sánchez of Jamaica Plain, will put forward its own version next, followed by the Senate.

Tax collections midway through fiscal 2018 are shattering benchmarks by $728 million, and two major tax policy questions are on track for votes in November - a reduction in the sales tax from 6.25 percent to 5 percent and a surtax of 4 percentage points on household income above $1 million.

Speaking to reporters after meeting privately with Gov. Charlie Baker and Acting Senate President Harriette Chandler, DeLeo pointed to the budget and two other major pending pieces of legislation as his priorities as the two-year legislative session inches into its second year.

Chandler, who joined DeLeo and Baker for her first leadership meeting since taking the reins of the Senate last month, added in a priority of her own as the speaker was ticking off the items on his to-do list.

"I think probably some of the major items that we'll be taking a look at will be the criminal justice legislation, the health care legislation -- " DeLeo said, referencing two bills that have already cleared the Senate.

"Housing," Chandler interjected.

"Housing," DeLeo continued. "Believe it or not, we're getting ready fairly soon to start the budget debate. I know the governor later on this month will be coming out with his budget, and then it will be up to the House and then obviously on to the Senate, so I think those are probably three of the major items that we'll be taking up."

Last week, presiding over the first formal Senate session of 2018, Chandler said senators would "fight for the future of the Massachusetts family," in part by "ensuring that the spectrum of housing in Massachusetts does not shut anybody out."

The Senate passed a sweeping health care bill in November, and Health Care Financing Committee House Chairman Peter Kocot has said he's been working on a bill for release early this year.

Both branches last year passed hefty criminal justice reform packages that, among other measures, eliminate some mandatory minimum sentences. A six-member House-Senate conference committee kicked off closed-door negotiation on the differing bills on Dec. 18.

Declining to give a timeframe for a compromise, DeLeo said he hoped a final bill could be sent to Baker "as soon as possible."

"I agree with that one," Chandler said, prompting a positive response from DeLeo.

"Good," DeLeo said. "Good, good."
 

The New Boston Post
Tuesday, January 9,2018

Massachusetts GOP Blasts Beacon Hill Dems Over Tax Uncertainty
By Evan Lips

The Massachusetts Republican Party on Tuesday issued a politically-charged statement in response to remarks made by House Speaker Robert DeLeo regarding the potential for new taxes.

The Winthrop Democrat told reporters that it is “much too early to discuss” the possibility of a tax hike, as Republic Governor Charlie Baker has until January 24 to roll out a state budget.

In a press release featuring the subject line “Dems Again Fail to Protect Taxpayers,” the Massachusetts GOP accused DeLeo and the Democratic Party of “refusing to rule out tax increases on hardworking Massachusetts families, continuing an abysmal session that has seen them accomplish little beyond a pay raise for themselves.”

MassGOP Chairman Kirsten Hughes in a prepared statement said “Beacon Hill Democrats just won’t learn.”

Using last January’s pay raise vote as a reminder, Hughes added that “after a year where they achieved next to nothing except a massive pay hike for themselves, they’re already floating the idea of new taxes on hardworking families.”

“The broad support for Governor Baker’s fiscally responsible approach to protecting taxpayers, as well as Republicans’ gain of a key Democrat held Senate seat last month should be a stark warning for Democrats on Beacon Hill and their colleagues running for governor who promise to rubber-stamp massive new taxes.”

Last month, a little less than a week after former state Senator Brian Joyce, a Democrat from Milton, was indicted on federal money laundering and racketeering charges, voters in the Worcester and Middlesex Senate district elected Fitchburg Republican Dean Tran to succeed outgoing Democrat Jennifer Flanagan, who left after being tapped by Baker to serve on the new state Cannabis Control Commission.

Tran defeated Democrat Susan A. Chalifoux Zephir by 676 votes in a special election that featured 15,693 votes cast overall — a far cry from the more than 50,500 votes cast in 2014 when Flanagan defeated Republican Richard M. Bastien by a little more than 10,000 votes.

Flanagan ran unopposed in 2016 before being named by Baker to a $120,000 job working on the marijuana panel.

Tran’s win bumped the roster of Senate Republicans to seven, compared to 33 Senate Democrats.


The Boston Herald
Wednesday, January 10, 2018

Hacks can’t help selves on taxes
By Howie Carr


Sometimes, when something really bad happened at the State House, I would ask the late Bob Crane why anyone would do something that stupid, and he always had the same answer:

“They can’t help themselves.”

They buried Bob in Wellesley yesterday, but nothing has changed on Beacon Hill. They still can’t help themselves.

On Monday, after the weekly sit-down of the governor and the legislative leadership, House Speaker Bob DeLeo, the unindicted co-conspirator, was asked if new taxes were on the table in FY 2019.

“Much too early to discuss that at all,” he snapped.

Really? DeLeo said this a few days after the Department of Revenue announced that December tax collections came in $527 million above projections. The commonwealth collected more than $3 billion in taxes that month — in other words, over $100 million a day.

Six months into the fiscal year, state tax collections are running $728 million above estimates for the year.

But grabbing $100 million a day is not enough, apparently. It never is. Because these hacks have a disease. They are taxaholics, and they need a 12-step program of their very own. They could have meetings, but they would need a big room, probably Gardner Auditorium.

“One tax is too many,” the payroll patriots could all chant together, “and a thousand are not enough.”

So they’re not ruling out more tax increases, and this is even before the scheduled referendum question on the statewide ballot in November asking the voters to impose a graduated income tax on themselves.

In the hackerama, this proposal is described as a “millionaire tax.” But rest assured, if it passes, by 2021 at the latest you will be defined as a “millionaire,” at least for the purposes of paying state taxes, even if you only make $40,000 a year.

Five times the hacks have tried to bamboozle the taxpayers into picking their own pockets. Five times they have failed. But it’s never over until the hacks win, and this time could be the charm. They’re not making voters as smart as they used to, in case you haven’t noticed.

If the hacks succeed in jacking up the state income tax from 5 percent to 9 percent, do you suppose a lot of the “millionaires” of Massachusetts have some contingency plan?

Like, say, moving?

Consider the strange case of Connecticut. The Nutmeg State’s politicians can’t help themselves either. They’ve been jacking up taxes right and left for years, and the darnedest thing has happened.

The supply of “millionaires” is falling. Go figure.

Last week, the Hartford Courant reported that last year alone 7,944 Connecticut tax-filers fled to Florida. Their average income: $253,187 a year.

Connecticut’s top tax rate is 7 percent. Florida’s is zero. Hmmm, why would all these Connecticut residents suddenly pick the same state to move to?

New Jersey has an even higher top tax rate — 8.97 percent. Meet David Tepper, a hedge-fund billionaire, who lives in the Garden State, or did, until he realized that when you make $3.5 billion a year, which he did in 2013, it might be prudent to relocate to a state with no income tax.

As the Republican leader of the New Jersey Legislature said, “Who can blame him?”

This one guy Tepper moves to Miami Beach, and The New York Times estimates he may have put a $300 million hole in the New Jersey state budget.

But these are just “anecdotes,” as Deval Patrick used to say. Just because they’re voting with their feet in New Jersey and Connecticut, our “millionaires” won’t dare leave the, uh, Hub of the Universe.

Gov. Charlie “Tall Deval” Baker basks in his allegedly high favorability ratings. Apparently, they never poll any MBTA commuters, who are suffering through yet another winter from hell. The new revenues will be spent wisely, on education and transportation. The money will be earmarked, wink wink nudge nudge.

Just ask Senate President Stanley Rosenberg — oh that’s right, he’s not the president anymore. He’s been banished to the State House basement, that bourne from which no traveler does return. Because this is the way it always ends on Beacon Hill.

They can’t help themselves.

Order Howie’s new book, Kennedy Babylon, at howiecarrshow.com


The Boston Herald
Wednesday, January 10, 2018

A Boston Herald editorial
Put kibosh on tax talk


House Speaker Robert DeLeo this week said it is “much too early” to discuss the possibility of tax hikes or new taxes in next year’s budget. With all due respect to the speaker, it’s never too early to acknowledge — even better when revenues are on the upswing — that taxpayers ought to be inoculated against a legislative raid on their wallets.

In recent years DeLeo has been among the first to rule out tax increases as a way to balance the next year’s budget — much to the consternation of more liberal House members and the Senate president. As the State House News Service points out it was in December 2015, six months before the start of fiscal 2017, that DeLeo and his former Ways and Means Chairman Brian Dempsey made a very public point of taking new taxes off the table.

Dempsey is off in the private sector now, and this year the speaker appears to be reserving his rights. That’s understandable, in part because there are two ballot questions with huge fiscal implications expected to go before voters this year. If approved the millionaire’s tax would unearth a gusher of new tax revenue — while a hoped-for reduction in the sales tax rate would leave a hole in the treasury. DeLeo is leaving himself plenty of room for negotiation on tax issues.

Meanwhile, given the performance of the last two years — when spending authorized by lawmakers outpaced revenues, leading to a mid-year mess — we can understand why DeLeo would want to approach the budget cautiously.

But such caution, we would argue, is best exercised on the spending side of the ledger.


The Salem News
Wednesday, January 10, 2018

Steady income tax raises Republicans' ire
By Christian M. Wade, Statehouse Reporter


Taxpayers might be getting a break on their federal returns this year, but they likely won't get one from the state.

For the second consecutive year, Massachusetts’ personal income tax rate remains unchanged. Revenue collections did not grow enough in the last year, despite a robust economy and low unemployment, to trigger a small income tax cut. As a result, the levy will remain at 5.1 percent in 2017.

The stagnant tax rate has rekindled debate on Beacon Hill over a voter referendum, passed nearly a decade ago [sic-nearly two decades ago], that called on the state to lower the personal income tax.

In 2000, voters overwhelmingly approved a ballot question to cut the then-5.95 tax rate to 5 percent. Two years later, legislators froze the rollback at 5.3 percent to plug budget gaps and added a mechanism allowing the rate to fall only if growth in annual revenues met certain benchmarks.

A tax cut has been triggered four times in the past decade, most recently in 2016 when it fell .05 percent to the current level.

Taxpayer advocates have blasted lawmakers for defying voters, and say the rate should have dropped to 5 percent years ago.

"The fact that almost two decades later we're still not down to 5 percent is appalling," said Chip Faulkner, a spokesman for the group Citizens for Limited Taxation. "The Legislature should be totally ashamed of itself for refusing to lower the rate to the level mandated by voters."

He said Democrats have repeatedly failed to honor the will of voters. Republican lawmakers have sought for several years to lower the rate by legislation, but their proposals are stymied in the Democratic-controlled Legislature.

Senate Minority Leader Bruce Tarr, a Gloucester Republican, has filed a tax rate rollback bill for the past several legislative sessions.

Lawmakers who oppose dropping the rate argue that the state would take a major hit that would mean less money for public schools, transportation and other needs.

Fixing it at 5 percent would mean a roughly $500 million loss to the state, according to the Department of Revenue.

"We have this debate year after year, when tax bills and the budget comes up, but most members vote largely against reducing it to 5 percent, as the voters asked for," said House Minority leader Brad Jones, R-North Reading, the main sponsor of a tax rollback bill in the House. "It's unfortunate."

Rep. Jim Lyons, R-Andover, said voters should be outraged that the state hasn't yet lowered the rate to 5 percent.

"The hardworking people of Massachusetts live under constant fear of the Democrats wanting to raise taxes and take more money from them," he said.

Meanwhile, House Speaker Robert DeLeo has refused to rule out tax increases as the Legislature gets to work on next fiscal year's budget.

Tax collections midway through fiscal 2018 are exceeding the state's benchmarks by more than $728 million, but legislative leaders are concerned about cuts in federal funding and a referendum inching toward the November ballot that seeks to cut the state's 6.25 percent sales tax to 5 percent.

Gov. Charlie Baker, a Swampscott Republican who opposes tax hikes, is set to file his preliminary budget by the end of the month.

Faulkner said Democratic leaders would be ill-advised to consider raising taxes, especially after "voting themselves an $18 million pay raise last year."

"They just can't seem to control their appetite for more spending and higher taxes," he said. "The taxpayers are an afterthought."


The Boston Herald
Thursday, September 11, 2018

DeLeo signals no major tax hikes on the horizon
By Matt Stout


House Speaker Robert A, DeLeo is vowing there will be no new "broad-based" taxes in the House budget in the coming fiscal year, suggesting taxpayers won't face any added costs in the next round of state budget negotiations.

DeLeo also suggested that House lawmakers could pursue changes to the state's tax code in wake of the federal tax reform law passed by Congress.

The Winthrop Democrat's comments have often been a key indicator of how taxation will be approached each budget cycle on Beacon Hill, where a fiscally conservative Republican is governor while the more liberal Senate has shown a bigger appetite for more revenue.

"The House will not be proposing any new broad-based taxes in its budget," DeLeo said in a statement released by his office. He also noted a Jan. 23 hearing the Committee on Revenue is hosting to discuss possible changes to the state's own tax code in wake of the federal changes, which, among a range of other things, now cap state and local tax deductions at $10,000.

DeLeo said the House is "exploring options to mitigate negative repercussions" for Massachusetts taxpayers, with a focus on the so-called "SALT cap."

"As we go through the budget process, we are mindful of how changes to the federal tax code will impact both Massachusetts residents and the local economy," DeLeo said.

Other tax changes could await the state as well. The House last year opposed tacking any new taxes onto the short-term rental market, saying it preferred to address levies on rentals through Airbnb and other sites in an omnibus bill some time this year.

Voters could also weigh in on two major changes at the ballot this November: One proposed ballot question would reduce the state sales tax, while another measure seeks to impose an additional 4 percent tax on the income of those making more than $1 million.


Politico
Tuesday, April 9, 2018

Blue states eye 'political gift' in tax workaround fight with Trump
Democratic leaders in New York, California and New Jersey aim to protect voters from changes related to state and local taxes
By Jimmy Vielkind, Ryan Hutchins, and David Siders


ALBANY, N.Y. — The new tax law’s limit on the state and local tax deduction may pose a fiscal threat to high-tax states and their affluent taxpayers. But it’s also a political gift to Democratic officials in those states seeking to raise their national profiles by challenging President Donald Trump and circumventing the law.

For Democratic leaders in New York, California and New Jersey, finding state-level workarounds to the new tax code could deliver on a pocketbook issue for a key constituency: voters in high-cost suburbs from Orange County, California, to Westchester, New York, who are set to lose the most from the SALT cap.

Take New York Gov. Andrew Cuomo: He’s called the SALT cap tantamount to “economic civil war” as he lays the groundwork for a potential Democratic primary bid in 2020. Like his counterparts in California and New Jersey, he’s considering mechanisms for taxpayers to fund state and local government with charitable contributions that are then credited against their tax liability; he’s also looking at a proposal to shift the tax burden from income taxes to payroll taxes.

“In a funny way, Cuomo’s been handed a political gift here,” argues Larry Levy, executive dean of the National Center for Suburban Studies at Hofstra University on Long Island, adding that “putting the state on war footing, invoking the language of conflict, is a brilliant political strategy.”

If Cuomo changes state law “on behalf of suburban swing voters who have been hurt hardest by federal tax reform, then he is in a position to strengthen his appeal in any run for higher office,” Levy says.

The potential workarounds in each state could face challenges from the IRS or congressional Republicans banking on the revenue the SALT cap was designed to raise.

But in New York, the fight looks worth it to Democrats. Geoff Berman, executive director of the New York Democratic State Committee, issued a statement saying Republicans who tried to stop the workarounds would “defend the indefensible.”

Of the workaround ideas under consideration across the nation, the donation-and-credit approach has the most traction, with proposals already on the table in New Jersey and California. There, Senate President Kevin de León wants to create a “California Excellence Fund,” available for state programs, for which donations are offset by a dollar-for-dollar state tax credit.

“California is already a huge donor state, meaning we send far more money to Washington than we get in return. So we don’t plan on bankrolling this trillion-dollar tax giveaway as well,” de León told POLITICO.

His measure is sure to attract attention as he moves forward with a primary challenge to U.S. Sen. Dianne Feinstein. It would require only a majority vote in each chamber of the California legislature, attainable without Republican support in the heavily Democratic state, but could jam state lawmakers as well as members of Congress.

Just two of California’s 14 House Republicans voted against the tax bill: Reps. Darrell Issa and Dana Rohrabacher. The remaining dozen have come under attack from Democrats in a state where the tax overhaul polled abysmally — and where several vulnerable Republicans face competitive reelection contests this year. Democrats are focusing their efforts in California on seven Republican-held districts that Hillary Clinton carried in 2016, including in suburbs in Orange County and the Los Angeles area that Levy was talking about.

One of California’s embattled Republicans, Rep. Ed Royce, announced Monday that he will not seek reelection. Royce, chairman of the House Foreign Affairs Committee, had come under intense criticism for his tax vote, among other issues.

In New York, five of the nine Republicans in the House delegation voted against the bill, and in New Jersey, it was four out of five. Democratic Rep. Josh Gottheimer outlined a plan Jan. 5 to give municipalities the ability to create new funds that would permit homeowners to pay their property taxes by making a charitable contribution.

Residents would receive a credit for the amount paid to offset their bill, and then would be able to take a charitable deduction when they file their federal tax return.

New Jersey Gov.-elect Phil Murphy, who is set to take office next week, offered his support; it could be used to salvage one of the Democrat's biggest campaign proposals — a millionaires tax worth some $600 million a year.

National Republicans are pushing back. Gary Cohn, chair of the National Economic Council, told Bloomberg that he understands the workaround measures, but “we at the federal government still have to collect revenue.”

Rep. John Faso (R-N.Y.) said Cuomo’s energy was misdirected. “The solution is to lower the cost of government in New York and make our state a place where businesses can create jobs so our people don’t have to flee,” he said.

And the legality of the proposals, despite what advocates say, remains untested. A group of a dozen tax law professors and other experts included both principles in a paper of workaround options circulated last month — titled “The games they will play” — but The Tax Foundation argued last week that because a taxpayer is getting a one-for-one benefit for their donation, it can’t be considered deductible.

Shifting to payroll taxes would be more complicated than the donation idea, business leaders say. Critics note that it would involve reducing wages for some workers and that its benefits would vary by region. It would be a huge hassle with little benefit for a manufacturing firm in Utica, say, but a boon to a white-shoe law firm in Manhattan — and is tripped up by union contracts and the state’s large nonprofit sector.

But Cuomo is looking at it anyway, a Cuomo administration official told POLITICO, with the hope of unveiling a legislative proposal next week when the governor proposes his budget for the coming fiscal year. It might also include new funds for taxpayers to directly donate to nonprofit entities — like hospitals or universities — that are supported by state funding. There could be authorization for local governments, as New Jersey is doing, or perhaps a fund similar to the one being considered in California, the official said.

The administration official said it would look bad for the IRS to “tie themselves into knots” by cracking down.

Some in the business community are supportive. Kathy Wylde, head of the Partnership for New York City, a business group, said she was happy that the governor’s team is “brainstorming” ways to soften the loss of deductibility, which is exactly what her members are doing. “It’s a competitiveness factor that the governor is right to be worried about,” she said, saying there are national implications. “The erosion of those urban centers hurts the entire country."

Plus, state Democratic leaders see little political alternative.

“You can’t do nothing,” the administration official said, “because if you do nothing, you’re really not standing up for the people that you represent when Washington basically attacked New York.”

 

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