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CLT UPDATE
Thursday, February 1, 2018

Dump the Sales Tax Hike

An after-action debrief by Chip Faulkner
Communications Director


Nearly nine years after lawmakers hiked the sales tax in the teeth of the Great Recession, the state "simply cannot afford" to bring the tax on purchases back down to 5 percent, a lobbyist for the umbrella labor group AFL-CIO told lawmakers on Wednesday.

The Revenue Committee on Wednesday received input from municipal, labor and transportation group representatives who want to keep the sales tax where it is, and spokespeople for retailers and small businesses who support lowering the tax from 6.25 percent to 5 percent and instituting an annual sales tax holiday.

If lawmakers don't pass the initiative petition proposal by May 1, proponents could collect about 11,000 signatures to place the measure (H 4114) on the November ballot. While millions might weigh in on the idea in voting booths later this year, Wednesday's hearing was relatively sparsely attended, wrapping up testimony on the bill in about 30 minutes.

After the hearing, Retailers Association of Massachusetts President Jon Hurst, who spearheaded the citizens' initiative, said the decision about whether to put the measure on the ballot could depend on whether a separate tax question is cleared for consideration by voters.

The Supreme Judicial Court on Tuesday will hear a case challenging the constitutionality of a proposed constitutional amendment to add a 4 percent surtax on incomes over $1 million – which is projected to generate roughly $2 billion for transportation and education priorities.

"I think a key question will be whether or not the SJC knocks off that 4 percent income tax surcharge. If they don't knock it off, I don't see much of a path for us to take this off the ballot because this gives voters a once-in-a-generation opportunity for passing a progressive tax reform, combined," Hurst told the News Service. The sales tax disproportionately hits seniors on fixed incomes and low-income families, Hurst said.

The proposed sales tax cut would cause the state to forego about $1.3 billion in annual revenues, according to the Massachusetts Taxpayers Foundation and others....

While the economy as a whole is in the midst of a years-long upswing, the brick-and-mortar retailers have been left behind, according to Hurst.

"It was the wrong increase at the wrong time and it has been extremely devastating to stores across the state and it has led to dark storefronts, and it's going to lead to more unless we fix this sales tax problem," Hurst told the News Service.

State House News Service
Wednesday, January 31, 2017
SJC decision may dictate fate of sales tax cut, Hurst says
 


Chip Faulkner's CLT Commentary

Last week I appeared in the State House before the Transportation Committee testifying against a bill to expand tolls on major highways around the state. Seven days later CLT was back at it again, however this time testifying in favor of a bill that would benefit the taxpayers. It was H.4114, the initiative petition that would lower the sales tax rate from 6.25% to 5%.

The rate was increased in 2009 due to an alleged crisis in state revenues and so-called budgetary needs.

This initiative was being heard before the Joint Committee on Revenue in Room B-2 at the State House. Unusual for this hearing was that I actually had allies (for a change) who showed up to support my testimony. Before they did, a union representative from the AFL-CIO told the usual horror stories about cutting as much as one cent from the bloated $40 billion state budget.

Then our allies — Jon Hurst, president of the Retailers Association of Massachusetts and Chris Carlozzi, head of the Massachusetts chapter of the National Federation of Independent Business (NFIB) — were up next. Both gave insightful, detailed testimony of how the increase has put Bay State small businesses at a competitive disadvantage with those outside our state border.

My testimony opened with a recitation of CLT successes at the ballot box, including Prop 2½ and the income tax rollback. This latest initiative, cutting the sales tax rate, is a continuation of that pro-taxpayer movement. When the Legislature won’t act or address a serious problem, activists hit the streets collecting signatures, putting the solution to that problem on the state ballot for their fellow citizens to decide.

Jon Hurst has led this latest drive and CLT was there to help him. During my testimony, I pointed out that since the sales tax hike was enacted the state budget has ballooned to over $40 Billion, the economy has rebounded, state revenue has grown, housing prices increased — yet we are still paying that increase!

Opponents of H. 4114 say the state will lose over a billion dollars if the sales tax rate goes back to 5%. But who will gain if this happens? I told the Committee the consumers of Massachusetts will gain by saving over a billion dollars they will not have to pay to the state on purchased items.

If the state government wants to find areas to make savings in addressing the “shortfall,” I recommended looking at the state’s exorbitant costs of our roads and highways. I brought up last week’s testimony before the Transportation Committee during which I cited statistics showing Massachusetts spends three times more than the national average on maintenance per mile and from that same study, seven times as much on administrative costs. You could come up with hundreds of millions in savings if this huge disparity alone was corrected. This information was again met with blank stares from the committee just like the week before.

My last point was an anecdote from 2009. Shortly after the Legislature passed the sales tax hike, I gave a talk to a group of activists in Concord, New Hampshire. During my speech, I mentioned the then-recent sales tax hike. Immediately the crowd started cheering, some even standing and applauding for a couple of minutes. Afterwards these folks said they loved “Taxachusetts” — their mantra: “Every time you guys increase a tax, a flood of tax refugees comes over our southern border to either move here, shop, or do both.”

Note:  Continuing in the fine tradition of hearings I’ve attended in the last year or so, very few committee members showed up. This hearing, even by legislative standards, had exceptionally low committee attendance. Only the Senate and House chairmen plus Sen. Ryan Fattman (R-Webster) were present — just 3 out of 17! And once again, no questions from the committee were asked after I testified. I guess I must have wowed them into silence.

Chip Faulkner
Communications Director


 

State House News Service
Wednesday, January 31, 2017

SJC decision may dictate fate of sales tax cut, Hurst says
By Andy Metzger


Nearly nine years after lawmakers hiked the sales tax in the teeth of the Great Recession, the state "simply cannot afford" to bring the tax on purchases back down to 5 percent, a lobbyist for the umbrella labor group AFL-CIO told lawmakers on Wednesday.

The Revenue Committee on Wednesday received input from municipal, labor and transportation group representatives who want to keep the sales tax where it is, and spokespeople for retailers and small businesses who support lowering the tax from 6.25 percent to 5 percent and instituting an annual sales tax holiday.

If lawmakers don't pass the initiative petition proposal by May 1, proponents could collect about 11,000 signatures to place the measure (H 4114) on the November ballot. While millions might weigh in on the idea in voting booths later this year, Wednesday's hearing was relatively sparsely attended, wrapping up testimony on the bill in about 30 minutes.

After the hearing, Retailers Association of Massachusetts President Jon Hurst, who spearheaded the citizens' initiative, said the decision about whether to put the measure on the ballot could depend on whether a separate tax question is cleared for consideration by voters.

The Supreme Judicial Court on Tuesday will hear a case challenging the constitutionality of a proposed constitutional amendment to add a 4 percent surtax on incomes over $1 million – which is projected to generate roughly $2 billion for transportation and education priorities.

"I think a key question will be whether or not the SJC knocks off that 4 percent income tax surcharge. If they don't knock it off, I don't see much of a path for us to take this off the ballot because this gives voters a once-in-a-generation opportunity for passing a progressive tax reform, combined," Hurst told the News Service. The sales tax disproportionately hits seniors on fixed incomes and low-income families, Hurst said.

The proposed sales tax cut would cause the state to forego about $1.3 billion in annual revenues, according to the Massachusetts Taxpayers Foundation and others.

The retailers have a May 9 board meeting when the group will decide whether to forge ahead towards the ballot with the sales-tax-cutting proposal, and the group has not taken a position on the income surtax, Hurst said. The high court generally aims to decide cases within 130 days of oral argument, meaning a decision in the income surtax challenge might not be issued until mid-June.

John Drinkwater, legislative director for AFL-CIO of Massachusetts, said the state can't afford to lose out on sales tax revenue, and claimed "despite a lot of the doom and gloom" from the retail industry, employment in the sector has increased each year since 2010.

Those rising employment figures include restaurant workers as well as staff that help deliver online purchases to consumers, according to Hurst.

In the depths of the financial crisis in 2009, House Speaker Robert DeLeo pushed through an increase in the sales tax to help shore up cratering state revenues. Since then the Winthrop Democrat has mostly held the line on broad-based tax increases, though he did support a 3-cent-per-gallon hike in the gas tax and a $1-per-pack hike on the cigarette tax in 2013.

While the economy as a whole is in the midst of a years-long upswing, the brick-and-mortar retailers have been left behind, according to Hurst.

"It was the wrong increase at the wrong time and it has been extremely devastating to stores across the state and it has led to dark storefronts, and it's going to lead to more unless we fix this sales tax problem," Hurst told the News Service.

While state tax revenues have outperformed expectations in recent months, annual tax hauls have come up short in prior years, leading to midyear cuts.

Bringing the sales tax back down to 5 percent would lead to spending cuts of 6 to 7 percent that would "hit every community," claimed Chris Dempsey, director of Transportation for Massachusetts.

The Massachusetts Municipal Association also opposes the sales tax cut, said the organization's legislative director John Robertson, who warned it would harm local aid.

Lowering the sales tax has been a policy aim of prominent pols from both parties in recent years.

Former Gov. Deval Patrick proposed scaling the sales tax down to 4.5 percent, eliminating tax breaks and hiking the income tax while also doubling the income tax exemption as part of a package to increase revenues by $2 billion. That proposal went nowhere in the Legislature.

Gov. Charlie Baker in 2010 ran unsuccessfully on a platform pledging to reduce the sales, income and business taxes to 5 percent, but he backed off from that tax-cutting stance before winning the Corner Office in 2014.

"We hope to have a conversation with Governor Baker and tell him why this is important," Hurst told the News Service on Wednesday. He said, "I think he gets that there's a problem."

 

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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