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CLT UPDATE
Friday, February 16, 2018

A Grad Tax by any other name . . .


The fate of the millionaires tax is in the hands of the state’s highest court. But that isn’t stopping opponents from trying the case in the court of public opinion.

Two reports emerged this week claiming a new surcharge on high-income earners would drive many of them out of state, particularly with recent changes to federal tax law.

At issue: a proposal to raise the income tax by 4 percentage points, to 9.1 percent based on the current rate, for earnings over $1 million. The change — if it survives a legal challenge and gets approved by state voters — would be ensconced in the state Constitution.

The Boston Globe
Tuesday, February 13, 2018
Trying the millionaires tax in the court of public opinion
 


The state’s top earners could get squeezed out of Massachusetts by a new tax on millionaires, a report suggests.

A 4 percent tax on incomes more than $1 million, combined with the loss of federal deductions for state and local taxes, could double tax bills for the state’s wealthiest residents to an average of $318,095, the Pioneer Institute said Monday.

The millionaires’ tax will appear as a question on the November ballot, while the $10,000 cap on deductions for state income and local property taxes was part of federal tax reform.

Authors of the Pioneer Institute report say higher tax payments could send top-earners to New Hampshire, Florida or other low-tax states, hurting the Massachusetts economy.

"High income people in the rest of the country are going to be enjoying a tax break, but in Massachusetts that has been effectively eliminated because of Proposition 80," said Greg Sullivan, research director for the Boston think tank. "It's probably not a good calling card for Massachusetts."

Sullivan said Massachusetts policymakers need look no further than Connecticut to see what happens when the wealthy are overtaxed.

To close budget gaps, Connecticut doubled a surcharge on large companies, taxed luxury goods and raised the income tax for its highest earners. As a result, he said, the state has seen a huge loss of top-earners and a substantial loss of tax revenue.

"The results have been disastrous," Sullivan said. "From 2007 to 2016, the state placed 49th among the states and D.C. in private-sector wage growth."

Connecticut's tax burden was among the reasons cited by General Electric and Alexion Pharmaceuticals then they moved their headquarters to Massachusetts, he said....

Opponents of the millionaires tax have filed a legal challenge with the state Supreme Judicial Court.

Chris Geehern, vice president of Associated Industries of Massachusetts, said, despite all the talk about taxing the rich, the proposal would mostly hurt small and medium business owners who create jobs and keep the state's economy humming — "not a bunch of fat cats sitting on the beach somewhere."

"We're not talking about multi-billion-dollar corporations, but corner grocery stores and small manufacturing companies," he said. "This tax would hollow out the sector that we point to as the cornerstone of our economy."

The Salem News
Tuesday, February 13, 2018
Top earners could ditch state, tax study finds


“The combined effect of Proposition 80 and the Tax Cuts and Jobs Act’s $10,000 limit on deductions for state and local taxes will double the Commonwealth’s effective state tax rate for high-income taxpayers,” said Pioneer Executive Director Jim Stergios. “That is not a good calling card for Massachusetts.”

Pioneer Institute
February 13, 2018
Study Finds New Federal Tax Law Would Exacerbate Economic Damage of Proposition 80


Federal state and local tax deduction changes combined with a proposed 4 percent surtax on high earners loom as an "upcoming shockwave to high-earners" in Massachusetts, according to a business group opposed to the surtax.

The Massachusetts Taxpayers Foundation on Monday released a report concluding that a $10,000 cap on state and local tax deductions combined with a 4 percent surtax on household income above $1 million would lead to a 300 percent increase in the effective state income tax rate for individuals making more than $1 million - from 3 percent to 9 percent.

Asserting Massachusetts has a "migration problem," the report says a net 475,000 people and $18.9 billion in adjusted gross income left the state from 1993 through 2016, and a surtax will "surely drive" more people out of Massachusetts.

"Given the state's persistent out-migration issues absent a massive tax hike, the state is rapidly entering uncharted territory with no ability to mitigate the damage for years," MTF wrote in its report.

State House News Service
Monday, February 12, 2018
MTF: Surtax will worsen state's "migration problem"


"If the surtax passes, Massachusetts would have one of the highest tax rates in the nation on income over $1 million. And that may understate the upcoming shockwave to high-earners. Since SALT deductions are now capped at $10,000, the effective state income tax rate for individuals making more than $1 million would soar to 9 percent from 3 percent – a remarkable 300 percent escalation. Given the state’s persistent out-migration issues absent a massive tax hike, the state is rapidly entering uncharted territory with no ability to mitigate the damage for years."

Massachusetts Taxpayers Foundation
February 12, 2018
On State Tax Policy and Migration


Two fiscally conservative think tanks are pushing back against a proposed state constitutional amendment that would raise taxes on income over $1 million, with new studies arguing that the policy would hurt the Massachusetts economy.

Pioneer Institute Executive Director Jim Stergios warned that the amendment, combined with the recent federal tax overhaul, could double the effective tax rate for wealthy Massachusetts residents. "That is not a good calling card for Massachusetts," Stergios said.

Unless it is ruled unconstitutional by the Supreme Judicial Court, a constitutional amendment is set to appear on the 2018 ballot, which would raise the state's income tax rate by 4 percentage points on income over $1 million.

The business-backed Massachusetts Taxpayers Foundation argues in a report that higher taxes could encourage wealthy individuals to leave Massachusetts....

"The long-term economic well-being of Massachusetts is at risk should this tax hike pass, as more of the state's population and businesses would be motivated to move to states such as New Hampshire and Florida, which have no state income tax," the Pioneer Institute wrote. "Others would be deterred from locating or expanding businesses in Massachusetts."

But Steve Crawford, a spokesman for Raise Up Massachusetts, which is advocating for the constitutional amendment, responded with a study from the liberal leaning Massachusetts Budget and Policy Center, which found that few wealthy individuals actually move because of tax policy.

"Millionaire migration is a proven myth," Crawford said....

Raise Up Massachusetts, which is pushing for the tax, is funded primarily by unions: SEIU, the Massachusetts Teachers Association and others. It has support from liberal organizing groups such as Neighbor to Neighbor and Massachusetts Jobs with Justice.

Noah Berger, president of the Massachusetts Budget and Policy Center, donated staff time worth $9,600 to the coalition, according to campaign finance reports.

Raise Up Massachusetts is also supporting ballot questions to institute paid family and medical leave and raise the minimum wage.

The Springfield Republican
Tuesday, February 13, 2018
Millionaires would leave Massachusetts if their tax rate is hiked, studies say
 


Chip Ford's CLT Commentary

"Millionaire's Tax"?

"Fair Share Amendment"?

"Proposition 80"?

Where are all of these creative names coming from for the same potential ballot question new names for what is, and for half a century always has been, simply termed a Graduated Income Tax?

Article XLIV (44) of Amendments to the Massachusetts Constitution, ratified by the voters in 1915, is why we don't have a graduated income tax in Massachusetts ever since the state first imposed a state income tax. The relevant part reads:

"Full power and authority are hereby given and granted to the general court to impose and levy a tax on income in the manner hereinafter provided. Such tax may be at different rates upon income derived from different classes of property, but shall be levied at a uniform rate throughout the commonwealth upon incomes derived from the same class of property. The general court may tax income not derived from property at a lower rate than income derived from property, and may grant reasonable exemptions and abatements."

In the case "E. Joel Peterson & others vs. Commissioner of Revenue" (441 Mass. 420, Feb. 5, 2004 - Apr. 6, 2004 @ Page 425) the state Supreme Judicial Court noted:

"Article 44 does not define the term 'income.' The concept of income had been widely debated at the time of the adoption of the Sixteenth Amendment to the United States Constitution from 1909 to 1913, and this court has noted that that debate also informed legislators and voters at the time art. 44 was approved and ratified in 1915."

"Such tax . . . shall be levied at a uniform rate throughout the commonwealth upon incomes derived from the same class of property."

That passage should disqualify the term or name "Fair Share Amendment" because it will for the first time in over a century since an income tax was conceived of and imposed create more than a single, across-the-board tax rate for all taxpayers.  No longer will the income tax be "levied at a uniform rate throughout the commonwealth."  If the income tax can be levied at different instead of uniform rates then it is no longer a flat-rate income tax.  The income tax will no longer be "fair."  It will have become graduated:  One rate for those earning A, another rate for those earning B.

If this can ever be accomplished, there's an entire alphabet that remains to come.

That passage has been in our state's Constitution since the inception of the state's income tax in 1915.  That one passage is what The Takers have committed over half a century half the tax's lifespanand five failed statewide ballot questions attempting to overturn.

That passage cannot be changed without amending the state Constitution forever from a fair flat-tax which all taxpayers pay at the same rate, to a graduated tax in which we would be divided by income and class.

In my commentary for the last CLT Update I wrote:

I can't understand why some of our allies are intent on relabeling this abomination "Proposition 80."  It was explained to us that 80% reflects the percentage of income tax increase on millionaires.  We were asked to adopt the term early in our mutual opposition but declined, for a couple of reasons.

First, as a proposed constitutional amendment, if it makes it onto the ballot it will likely be Question 1.  That has nothing to do with "Proposition 80" and can only serve to confuse less- or un-informed voters.

Second, voters have consistently defeated a Graduated Income Tax, five times over five decades.  A sixth proposed graduated income tax has a long lineage of disapproval, failure, defeat.  Voters have never heard of or had to vote on a "Proposition 80."  Why would anyone who wants to defeat this graduated income tax want to rebrand it for its proponents, call it something new — provide it with a different image?

At CLT we'll stick with the tried-and-true, with the known and proven, with our past successes:  It's just another graduated income tax scheme with lipstick, another Grad Tax divide-and-conquer scam.

We're curious how our members feel, so I put together the first CLT online survey, which we invite you to take:

 

Chip Ford
Executive Director


 
The Boston Globe
Tuesday, February 13, 2018

Trying the millionaires tax in the court of public opinion
By Jon Chesto


The fate of the millionaires tax is in the hands of the state’s highest court. But that isn’t stopping opponents from trying the case in the court of public opinion.

Two reports emerged this week claiming a new surcharge on high-income earners would drive many of them out of state, particularly with recent changes to federal tax law.

At issue: a proposal to raise the income tax by 4 percentage points, to 9.1 percent based on the current rate, for earnings over $1 million. The change — if it survives a legal challenge and gets approved by state voters — would be ensconced in the state Constitution.

For the right-leaning Pioneer Institute, this would be “an economic time bomb” considering the new $10,000 cap on deductions for state income and local property taxes. Pioneer says this new limit, along with the millionaires tax, would more than double the effective state income tax rate for most taxpayers earning $1 million or more.

A Mass. Taxpayers Foundation report, meanwhile, says the surtax would give Massachusetts one of the highest taxes on $1 million-plus earners in the country. The business-backed MTF, one of the plaintiffs suing to stop the surcharge, says the new tax would accelerate moves to lower-tax states such as New Hampshire and Florida, based on patterns observed in New Jersey and Connecticut.

But supporters of the Massachusetts surcharge, which could bring in $2 billion a year, say the concerns are overblown; they point to research that shows tax-related migrations are usually marginal in size.

These two new reports could become forgotten footnotes. But if the Supreme Judicial Court strikes down the ballot question, that would be a happy resolution for the groups that wrote them.
 

The Salem News
Tuesday, February 13, 2018

Top earners could ditch state, tax study finds
By Christian M. Wade


BOSTON — The state’s top earners could get squeezed out of Massachusetts by a new tax on millionaires, a report suggests.

A 4 percent tax on incomes more than $1 million, combined with the loss of federal deductions for state and local taxes, could double tax bills for the state’s wealthiest residents to an average of $318,095, the Pioneer Institute said Monday.

The millionaires’ tax will appear as a question on the November ballot, while the $10,000 cap on deductions for state income and local property taxes was part of federal tax reform.

Authors of the Pioneer Institute report say higher tax payments could send top-earners to New Hampshire, Florida or other low-tax states, hurting the Massachusetts economy.

"High income people in the rest of the country are going to be enjoying a tax break, but in Massachusetts that has been effectively eliminated because of Proposition 80," said Greg Sullivan, research director for the Boston think tank. "It's probably not a good calling card for Massachusetts."

Sullivan said Massachusetts policymakers need look no further than Connecticut to see what happens when the wealthy are overtaxed.

To close budget gaps, Connecticut doubled a surcharge on large companies, taxed luxury goods and raised the income tax for its highest earners. As a result, he said, the state has seen a huge loss of top-earners and a substantial loss of tax revenue.

"The results have been disastrous," Sullivan said. "From 2007 to 2016, the state placed 49th among the states and D.C. in private-sector wage growth."

Connecticut's tax burden was among the reasons cited by General Electric and Alexion Pharmaceuticals then they moved their headquarters to Massachusetts, he said.

'Handed a gift'

Proponents of a tax on top-earners say they can afford to dig deeper into their pockets to pay for education and transportation upgrades.

"The reality is that the impact of the (state and local tax) deduction is dwarfed by the other tax cuts that the wealthy received under the tax bill," Andrew Farantino, a spokesman for Raise Up Massachusetts, a coalition of labor and religious groups backing the Fair Share Amendment on the November ballot.

"Regardless of what happens in November, they've been handed a huge gift by the federal government," he said.

To be sure, a recent report by the Massachusetts Budget and Policy Center, a left-leaning research group, estimated the federal tax cuts will reduce levies paid by the top 1 percent of Massachusetts earners by over $2.96 billion in 2019, an average savings of $82,720 per household.

That's compared to an average of $1,090 for the middle 20 percent of taxpayers, and $90 for those with the lowest 20 percent of incomes.

Farantino and other proponents of the millionaires’ surcharge say evidence that the wealthy will pack up and leave is anecdotal.

Nationwide an average of 2.4 percent of millionaires — 12,000 households — move to a different state each year, according to one recent study.

"Studies across the country have shown that people move to be be near high-paying jobs and their families," Farantino said. "There's no statistical impact of state tax changes on the migration patterns of the richest people. In fact, millionaires move from state to state at a lower rate than the rest of us."

'Wealth Report'

In Massachusetts, a millionaire tax amendment would change a 1917 provision that requires a uniform tax rate for all citizens. The state currently has a flat 5.1 percent income tax rate.

The Massachusetts Taxpayers Foundation has estimated about 19,600 tax filers will be affected by the 4 percent tax, generating about $1.9 billion a year.

The latest "Wealth Report" by the Boston Business Journal found there were hundreds of tax filers on Cape Ann, 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 millionaires tax have filed a legal challenge with the state Supreme Judicial Court.

Chris Geehern, vice president of Associated Industries of Massachusetts, said, despite all the talk about taxing the rich, the proposal would mostly hurt small and medium business owners who create jobs and keep the state's economy humming — "not a bunch of fat cats sitting on the beach somewhere."

"We're not talking about multi-billion-dollar corporations, but corner grocery stores and small manufacturing companies," he said. "This tax would hollow out the sector that we point to as the cornerstone of our economy."

Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites.


State House News Service
Monday, February 12, 2018

MTF: Surtax will worsen state's "migration problem"
By Michael P. Norton


Federal state and local tax deduction changes combined with a proposed 4 percent surtax on high earners loom as an "upcoming shockwave to high-earners" in Massachusetts, according to a business group opposed to the surtax.

The Massachusetts Taxpayers Foundation on Monday released a report concluding that a $10,000 cap on state and local tax deductions combined with a 4 percent surtax on household income above $1 million would lead to a 300 percent increase in the effective state income tax rate for individuals making more than $1 million - from 3 percent to 9 percent.

Asserting Massachusetts has a "migration problem," the report says a net 475,000 people and $18.9 billion in adjusted gross income left the state from 1993 through 2016, and a surtax will "surely drive" more people out of Massachusetts.

"Given the state's persistent out-migration issues absent a massive tax hike, the state is rapidly entering uncharted territory with no ability to mitigate the damage for years," MTF wrote in its report.

Proponents of the surtax, proposed as a constitutional amendment, would ensure that the wealthiest taxpayers pay their "fair share" and say the measure's passage ensure about $2 billion a year in new education and transportation funds.


The Springfield Republican
Tuesday, February 13, 2018

Millionaires would leave Massachusetts if their tax rate is hiked, studies say
By Shira Schoenberg


Two fiscally conservative think tanks are pushing back against a proposed state constitutional amendment that would raise taxes on income over $1 million, with new studies arguing that the policy would hurt the Massachusetts economy.

Pioneer Institute Executive Director Jim Stergios warned that the amendment, combined with the recent federal tax overhaul, could double the effective tax rate for wealthy Massachusetts residents. "That is not a good calling card for Massachusetts," Stergios said.

Unless it is ruled unconstitutional by the Supreme Judicial Court, a constitutional amendment is set to appear on the 2018 ballot, which would raise the state's income tax rate by 4 percentage points on income over $1 million.

The business-backed Massachusetts Taxpayers Foundation argues in a report that higher taxes could encourage wealthy individuals to leave Massachusetts.

The report states that now that the federal government is capping federal deductions for state and local taxes, the effective state income tax rate for individuals earning more than $1 million would go from 3 percent to 9 percent.

"Given the high cost of living along with increased property and income tax costs resulting from the federal limitation on (state and local tax) deductions, onerous estate taxes, and a surge in the number of potential retirees, the imposition of the additional 4 percent income surtax will surely drive more Massachusetts taxpayers to change their state of tax residency," the Massachusetts Taxpayers Foundation wrote.

The report said that four states that increased taxes on income over $1 million -- California, Connecticut, New Jersey and New York -- collectively saw taxpayers with adjusted gross income of $17.1 billion leave the state in 2016. Five of the nine states that gained adjusted gross income in 2016, a group led by Florida, have no state income taxes.

The study notes that Massachusetts already has more people leaving the state than moving in, with significant migration to New Hampshire and Florida, which have no income or estate tax.

The free market Pioneer Institute argued similarly that the federal tax overhaul's cap on state and local tax deductions makes the proposed tax hike on millionaires more significant. The Pioneer Institute called it a "double whammy."

With both of those changes, the average state tax paid by someone earning over $1 million in Massachusetts would jump from $153,100 to $318,000, according to the Pioneer Institute.

The Pioneer Institute notes that having a tax rate of 9.1 percent, up from the current 5.1 percent, on income over $1 million would give Massachusetts the fifth-highest top nominal tax rate in the country and the highest marginal tax rate. (The marginal tax rate is the rate actually paid after deductions.)

"The long-term economic well-being of Massachusetts is at risk should this tax hike pass, as more of the state's population and businesses would be motivated to move to states such as New Hampshire and Florida, which have no state income tax," the Pioneer Institute wrote. "Others would be deterred from locating or expanding businesses in Massachusetts."

But Steve Crawford, a spokesman for Raise Up Massachusetts, which is advocating for the constitutional amendment, responded with a study from the liberal leaning Massachusetts Budget and Policy Center, which found that few wealthy individuals actually move because of tax policy.

"Millionaire migration is a proven myth," Crawford said. "The highest-quality studies using actual tax data from the IRS shows that millionaires move less often then the rest of us, and that state income tax rates have only a very limited impact on the residence decisions of millionaire households. Like the rest of us, the rich move to be near their families and their jobs, not to save a small percentage of their income in taxes."

Crawford also cited data from the Massachusetts Budget and Policy Center to argue that wealthy individuals received benefits from the federal tax overhaul that outweigh the harm from capping the state and local tax deduction. "They can clearly afford to pay more to make the investments we need," Crawford said.

Raise Up Massachusetts, which is pushing for the tax, is funded primarily by unions: SEIU, the Massachusetts Teachers Association and others. It has support from liberal organizing groups such as Neighbor to Neighbor and Massachusetts Jobs with Justice.

Noah Berger, president of the Massachusetts Budget and Policy Center, donated staff time worth $9,600 to the coalition, according to campaign finance reports.

Raise Up Massachusetts is also supporting ballot questions to institute paid family and medical leave and raise the minimum wage.

As of the end of January, a ballot committee had not been formed with the Office of Campaign and Political Finance to oppose the constitutional amendment.

 

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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