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CLT UPDATE
Thursday, October 20, 2022

Vote "HELL NO!" on Question 1
All you need to know about the "Millionaires Tax" ballot question


Jump directly to CLT's Commentary on the News


Most Relevant News Excerpts
(Full news reports follow Commentary)

On the Massachusetts ballot this November will be another attempt by progressive activists to get voters to agree to something they have repeatedly rejected. The proposed “Fair Share Amendment” would rewrite the Commonwealth’s Constitution, which for 106 years has decreed that income may be taxed only at a uniform rate. If voters agree, Article 44 of the Constitution would be changed to allow Beacon Hill to impose a surtax of 4 percentage points on any income above $1 million. That would raise the marginal tax rate on million-dollar earners from 5 percent to 9 percent — a whopping 80 percent increase.

For at least three reasons, this is a terrible proposal.

First, it would punish taxpayers who are not millionaires by any normal understanding of the word.... These aren’t plutocrats living high on the hog but middle-class residents whose “million-dollar” income is either a one-time anomaly or a mere accounting convenience....

Second, it would accelerate the exodus that has been draining people from Massachusetts for years. The Bay State is already one of the top 10 states that Americans are likeliest to leave....

Third, state government has more money at its disposal than it has ever had before. It is inundated with cash it cannot figure out how to spend....

Taxpayers making $1 million and up earn 22 percent of all income in Massachusetts. They pay 24 percent of all income taxes. According to the Department of Revenue, they account for just one-half of 1 percent of the state’s 3.95 million tax filers. Yet they supply nearly a quarter of all income taxes paid....

The framers of the Massachusetts Constitution knew what they were doing when they embedded a buffer against class warfare into the state’s basic charter. Five times Massachusetts voters have been asked to tear up Article 44 — in 1962, 1968, 1972, 1976, and 1994 — and five times they have said no. They’ll need to say no once again this fall.

The Boston Globe
Wednesday, July 27, 2022
Millionaires tax is unwise and unworthy
The Massachusetts Constitution contains a barrier against class warfare.
Will voters tear it up?

By Jeff Jacoby


The fight over whether to tax incomes over $1 million is heating up, with both sides taking to the airwaves to explain to voters why a November ballot question should or should not pass.

“Politicians are pushing a tax hike on the November ballot, that makes no sense,” Leo Cakounes, a cranberry farmer, says in an ad by the Coalition to Stop the Tax Hike Amendment.

In November, voters will be asked to decide whether or not to tax income over $1 million an additional 4%. Proponents of the measure, in their own ads, maintain that the money will be constitutionally obligated for spending on transportation and education.

“The pandemic stretched our schools to the breaking point. Question 1 is a chance to make things better,” Cynthia Roy, a New Bedford school teacher says in the ad by Fair Share for Massachusetts. “It raises $2 billion a year, constitutionally dedicated to public education and transportation.”

Proponents further claim that only people making over $1 million a year will be affected by the surtax. The group opposing the amendment says that’s not entirely true.

“It would also tax the sale of small businesses and homes in Massachusetts,” Richard Schmalensee, an MIT professor emeritus of economics, said. “Our state already has the biggest budget surplus in history.” ...

A new report by the Tax Foundation says that the $2 billion the tax will raise may well be offset by people leaving the state for lower taxes.

“If approved, the graduated income tax could contract the Massachusetts economy by $6 billion by end of 2025,” the foundation’s report reads. “The graduated income tax amendment is likely to exacerbate the net outmigration of AGI from Massachusetts as taxpayers adjust their behaviors to the tax increase.”

The Boston Herald
Tuesday, September 13, 2022
Millionaire’s tax debate hits the airwaves


. . . To bring those issues into the light, this paper will outline the current tax landscape on which the surtax would be appended and the ongoing negative migration trends the surtax could exacerbate; discuss the findings of important academic research on income tax changes; and conclude by addressing the potential long-term consequences the surtax could have on the people of Massachusetts, including on residents—the vast majority of them—who would not owe the tax themselves.

FULL REPORT

Tax Foundation
Tuesday, September 13, 2022
Massachusetts’ Graduated Income Tax Amendment
Threatens the Commonwealth’s Economic Transformation


Unlike many blue states, Massachusetts has resisted the temptation to raise taxes on high earners. That antitax fortitude is about to be tested. In November state legislators will ask voters to approve an amendment to the Massachusetts constitution adding a 4% surcharge to annual income over $1 million.

Massachusetts is home to arch-progressives like Sen. Elizabeth Warren and Rep. Ayanna Pressley, but many voters here remember the 1980s, when the state was derisively known around the country as “Taxachusetts.” A series of antitax popular initiatives in the 1980s and tax cuts enacted by Gov. William Weld in the 1990s reduced Massachusetts’ overall state and local tax burden considerably. Proposition 2˝, which limits both the levels and growth of property taxes, was approved by voters in 1980 and remains sacrosanct. Among states with income taxes, Massachusetts’ flat 5% rate is on the low side. In neighboring Connecticut and New York, the highest earners pay 6.9% and 10.9% respectively.

What was Taxachusetts has become New England’s economic dynamo. Since the 2007-09 recession, wage and job growth in Massachusetts has outpaced the nation. Sustained economic growth produced a budget surplus exceeding $5 billion in the past fiscal year, which makes it doubly odd to ask voters to approve a tax hike now....

One might ask why state legislators, who put this constitutional amendment on the ballot, are so determined to return to the bad old days of Taxachusetts. The proposed tax, according to a Tufts University estimate, would generate $1.3 billion annually—a fraction of the surplus generated by economic growth in the past fiscal year. That tax revenue would come at a steep cost. Because the amendment’s definition of income includes capital gains and “pass-through” income from entities taxed via individual returns, such as partnerships, sole proprietorships and S corporations, the proposed tax would primarily affect retirees and small businesses....

Haunting November’s vote is the ghost of the 1980s antitax movement. In the waning days of the state legislative session, Gov. Charlie Baker announced that economic growth has brought the state too many blessings: Overflowing coffers triggered, for the first time in 35 years, an obscure 1986 law (itself passed via initiative petition) that caps state tax revenue growth at the rate of statewide wage and salary growth.

So, this fall, as voters head to the polls to decide whether to pass the largest tax hike in the state’s history, they will do so knowing that the state is at the same time rebating more than $3 billion to 3.8 million Bay State households. House Speaker Ronald Mariano says he may push to undo the 1986 law responsible for those rebates. Try that and see what the electorate does.

For 30 years, Massachusetts has believed that a good economy is the best way to fund government programs. But alas, big government always wants more. If taxpayers lose in Massachusetts, then Florida and New Hampshire will win—and a firewall against economic stupidity will fall.

The Wall Street Journal
Friday, September 9, 2022
Opinion | Commentary | Cross Country
Don’t Make Massachusetts ‘Taxachusetts’ Again
By Jim Stergios


For more than a month, the campaign championing a special tax on the wealthy has blasted TV airwaves with a simple message: “They pay less and we pay more.”

“They” are the people who earn more than $1 million a year, as one ad intones and pans to a shot of a businessman boarding a private jet. The implication is that they can afford Question 1, a ballot initiative that would create a 4 percent surcharge on these millionaires.

Yet the first ad from the opposition, which debuted last week, paints a different picture of who could get hit with the proposed hike: farmers, lobstermen, small business owners, and even homeowners.

That’s because “they” include so-called one-time millionaires. According to an analysis by Tufts University’s Center for State Policy Analysis, the pool of wealthy households in Massachusetts changes dramatically year to year with only about half consistently earning incomes of more than $1 million. The rest are people who earn more than $1 million just once because of profits they’ve made from selling a business, home, or long-term investment.

Leo Cakounes believes he will fall into that tax bracket when he gets ready to retire and sells his organic cranberry farm in Harwich. The 65-year-old stars in the opposition’s first TV ad, saying that the ballot question “makes no sense.”

In an interview, Cakounes, 65, would not divulge how much more he might pay in taxes, but he says any increase would be too much. Simply put, for every additional $1 million he earns, Cakounes would pay an extra $40,000 in taxes.

He doesn’t think of himself as rich. Cakounes said that in the three decades he has operated a farm he has never made $1 million in a year and chafes at what he describes as a “this will not affect you” attitude about Question 1.

“That’s baloney,” he said. “I’ve worked damn hard to be where I am today, damn hard. I’ve saved and scrimped and cut back. Now I am being penalized again when this goes through.” ...

Ann Sullivan, who owns Metro Equipment Corp. in Braintree, also does not consider herself a millionaire, but she will be classified as one when she sells her excavation business. She also appears in a TV ad campaign launched by the opposition, which is being funded by a coalition of business groups, and small and big business owners.

Sullivan figures that if she sells her company and nets $2 million, the first million will be taxed at the rate everyone pays, which is 5 percent, and then the next million dollars would be taxed at 9 percent. Instead of paying $50,000 in taxes on the next million dollars, she would owe $90,000 if the ballot question passes.

Although a $2 million payday may seem like a lot of money to most people, Sullivan, 61, said the sale proceeds would constitute her retirement.

“This is my nest egg,” Sullivan said. “When I stop working, I stop working. So every dollar is going to count.” ...

At the heart of the debate over Question 1 is that someone has to sacrifice for the greater good. Those voting yes believe the wealthy don’t pay their fair share in taxes, and the law needs to be changed. Those against the measure will wonder if it’s fair to only raise taxes on a small group of people. So far, polling indicates that Question 1 will pass by a modest margin.

How should you vote? It will come down to whether you’re a millionaire or not, and whether you know one or expect to earn $1 million in a single year. In an entrepreneurial economy and a housing market like ours, the answer is perhaps not that clear.

The Boston Globe
Thursday, September 22, 2022
There are rich people, and then there are the ‘one-time millionaires’
By Shirley Leung


Should Massachusetts introduce a new tax on high-income households — and earmark the revenue for education, roads, bridges, and public transit? ...

In this policy brief, we examine additional arguments for and against the millionaires tax.

Tufts University
The Center for State Policy Analysis
September 2022
Risks and Benefits of a Millionaires Tax


“Question 1 is a win-win for Massachusetts: only people who earn more than $1 million annually will pay more, and 99 percent of us won’t pay a single penny more,” says Jeron Mariani, campaign manager for Fair Share for Massachusetts. “And we’ll all benefit from $2 billion every year that’s constitutionally dedicated to schools, colleges, roads, bridges and public transportation. That’s why thousands of educators, workers, small business owners, parents, faith leaders, municipal officials, drivers and transit riders are working together to pass Question 1.” ...

"How many times do voters need to reject a graduated income tax before the insatiable Takers accept their decision?" said Chip Ford, executive director of Citizens for Limited Taxation, which led the opposition to and defeat of the last two attempts to impose a graduated income tax in 1976 and 1994. "They won't be satisfied until they drive out the productive and strangle the golden goose to death. Then who'll they pillage?"

“Question 1 is one of the state’s highest-ever proposed tax increases at a time when our state already has the biggest budget surplus in its history,” said Dan Cence, spokesperson for No on Question 1. “Proponents claim that it will raise taxes only on Massachusetts’ highest earners, but in reality, Question 1 would nearly double the income tax rate on tens of thousands of small business owners, family farmers, retirees, homeowners and other Massachusetts residents. We feel strongly that Massachusetts voters will recognize the harm that this tax hike will have on our economy and vote No on Question 1.”

“Voters must decide this November, if they will go along with the Legislature’s very deceptive ballot question, which gives them a blank check to spend the new tax on anything they want,” said Paul Craney of the Massachusetts Fiscal Alliance. “The deceptive ballot question hopes to raise the income tax by 80 percent on some taxpayers and small business owner that want to retire and sell their business. If taxpayers think an 80 percent income tax increase is just too high, they can send the clearest message this November and vote ‘No’ on Question 1.”

Here’s the official arguments of the supporters and opponents as they appear in the Redbook – the book, distributed by the Secretary of State to households across the state, that provides Information to voters on ballot questions....

Beacon Hill Roll Call
September 26-30, 2022
Ballot Question #1:
Income Tax Hike for Taxpayers Earning More than $1 Million Per Year

By Bob Katzen


Citizens for Limited Taxation (CLT) is warning voters to be wary of political slogans and campaign ads concerning Massachusetts Ballot Question 1 on the November 8 state ballot....

Citizens for Limited Taxation director Chip Ford said Question 1 amends the Massachusetts Constitution to allow lawmakers to raise taxes.

"It's forever," Ford said. "As a constitutional amendment, it can never be changed without approval by the legislature."

Ford said Question 1 changes the Massachusetts tax structure from a flat tax system to a progressive tax system.

"Voters rejected graduated income tax amendments five times already. What part of 'no' don't they understand?" he said. "With multi-billions in excess revenue over-taxation, when is more-than-enough enough?"

WBSM AM-1420
New Bedford
Tuesday, October 4, 2022
Yes Vote on Massachusetts Question 1 Is ‘Forever,’ Warns Tax Group
By Barry Richard


One television advertisement touts a proposed surtax on wealthy residents as a cure for the state’s “teacher shortage.” The initiative would mean better roads, another spot says. Nearly every single ad from proponents says it would raise $2 billion a year.

It ultimately may. But should voters embrace Question 1 and create a new 4 percent surtax on annual earnings above $1 million, the decision about where the money ultimately goes — and who benefits — would rest with lawmakers on Beacon Hill, who face no obligation to use the revenue exactly as proponents are pitching.

In interviews and statements, legislative leaders offered few assurances about where they, let alone future legislators, would funnel the proceeds from the so-called millionaires tax, often citing a laundry list of needs or competing interests.

The proposed constitutional amendment would require that the revenue it raises “only” go toward public education and transportation. But it also notes that the money would be “subject to appropriation,” or in other words, up to lawmakers. That, critics contend, leaves no guarantee spending on schools or roads or the MBTA would actually increase because lawmakers could simply shift other, existing revenue elsewhere.

Representative Aaron Michlewitz, the House’s budget chairman, said that if the initiative passes, lawmakers “should be directing money to those items” to fulfill the will of the voters.

“We’ll certainly try to uphold this end of the bargain. But you can never guarantee anything,” said the North End Democrat, who voted to put the question before voters. “You don’t know what the economic outlook will be. It would be disingenuous to say with a 100 percent guarantee [how it would be spent], with the idea that we may have to make decisions to offset other issues.” ...

“Let’s get it across the finish line and then see what we actually have,” said Representative James O’Day, a West Boylston Democrat and a lead sponsor of the effort to get the question on the ballot. “We’ll figure out what the proportions are going to be once we sort of see what that number is.”

Leadership of the Fair Share committee includes an array of groups, including the Massachusetts Teachers Association, SEIU 1199, and the Coalition for Social Justice, among others. But the majority of the $18.8 million it had reported raising has come from teachers unions, with the MTA alone giving more than $11 million as of Tuesday morning....

“These dollars have to be spent on education and transportation — and will all be additional dollars over and above funding that is already provided,” said Senator Jason M. Lewis, a Winchester Democrat and a leading sponsor of the measure. “That’s certainly what I will be advocating for.”

Critics paint a different, and more nefarious, picture. The Legislature, they argue, could simply replace the revenue it would have otherwise spent on education and transportation with the money raised by the new tax on high earners, and then push the equivalent elsewhere — all while keeping those spending buckets level....

Jim Stergios — executive director of the Pioneer Institute, a right-leaning think tank — likened the proposal to a shell game, with little ability for the public to track where the money goes particularly long into the future.

“A Legislature in 2034 doesn’t really care what the intentions of a Legislature in 2022 are,” he said.

A “significant amount” of the new revenue could end up leaking into other areas, according to one brief from the Tufts center, and tracking the revenue — and holding legislators to account — is only made more difficult by the wide breadth of options for where the money could be spent.

“There is this kind of trust question,” said Evan Horowitz, the center’s executive director, “not just in people you vote for today but people you envision [voting for] in the future.”

Legislators also routinely dismissed Republican-led efforts to affix limits on legislative maneuvering in the proposed amendment. Representative Bradley H. Jones, the House minority leader, pushed an amendment in 2019 that sought to ensure any money raised would be in addition to money already being spent. (It was rejected.)

The same day, Senator Bruce E. Tarr, the Senate’s minority leader, proposed creating a new fund where the revenues would automatically be deposited, making it easier, he argued, to track how they’re spent. That, too, was defeated.

The Boston Globe
Tuesday, October 4, 2022
Millionaires tax proceeds are supposed to bolster education and transportation.
Lawmakers would decide if they actually do.


Will small-business owners in Massachusetts get hurt if voters approve a question on the November ballot to raise taxes on the wealthy?

TV ads opposing Question 1 offer an unequivocal yes. But the latest ad from a coalition that supports the surcharge argues small-business owners stand to benefit because the measure will raise an additional $2 billion annually that can be spent on education and transportation.

“Small businesses like ours have struggled during COVID. Question 1 is a great opportunity to make things better for everyone,” Karsen Eckweiler says in the ad. She’s one of the worker-owners of Democracy Brewing in Boston. “That means more jobs and better opportunities. That’s good for all businesses big and small.”

So which is it? ...

My colleague Matt Stout reported last week that while the ballot measure designates the revenue to go towards education and transportation, there’s no guarantee that lawmakers will actually increase spending in those areas.

Lewis, however, told the Globe that he will advocate for the new tax money to “be additional dollars over and above funding that is already provided.”

The Boston Globe
Sunday, October 9, 2022
Answers to your questions about the millionaires tax
By Shirley Leung


Shirley, your column today on the “millionaires tax” closed with:  "Lewis, however, told the Globe that he will advocate for the new tax money to 'be additional dollars over and above funding that is already provided.'"

Here's what Sen. Jason Lewis's vow of advocacy is worth:

"House Speaker Thomas Finneran disputes Anderson's contention that Beacon Hill promised to roll back the 1989 tax increase once the debt was paid.

"'Maybe somebody at the time said, "Well, gee, maybe we should or maybe we could consider rolling back," but Barbara has been around long enough to know statements come and go and language is statutory.  I don't know how someone would attach legitimacy to a comment made in the hall, in a hearing, or even on the House floor.'"

Beacon Hill; June 23, 1997

CLT finally got the 1989 "temporary for just 18 months" Dukakis income tax hike completely rolled back to its historic 5% in 2020, thirty years after it was imposed "temporarily."

Response to Leung's column
By Chip Ford, CLT
Sunday, October 9, 2022


New Englanders have long held a slight edge on their New York neighbors in fiscal sanity (if not always in baseball). Now progressives in Boston want to join New York and other nearby states in a high-tax arms race. Massachusetts voters have the choice to block a tax hike and preserve a revenue model that works.

Bay State ballots in November will give voters the choice to place a 4% surtax on incomes above $1 million, bringing the top rate to 9% from 5%. The proposal would amend the state constitution to remove its flat-tax mandate. Passing the measure would rocket Massachusetts to seventh from 31st on the list of states with the highest marginal income-tax rates....

This year’s tax haul was so big it triggered a largely forgotten state law that caps revenue. Residents may soon receive checks that refund a portion of last year’s taxes. In other words, Democrats are vying to raise income taxes at the same time they’re rolling in an embarrassment of riches. State House Speaker Ronald Mariano has proposed ending the revenue cap whether or not voters back the new tax.

Approving the tax would speed up a wealth exodus already under way....

The plot to scrap Massachusetts’ flat tax comes as several states race in the opposite direction. Arizona, Georgia, Idaho, Iowa and Mississippi all recently adopted flat rates on income. Lawmakers in these states are taking advantage of revenue surpluses to lay a foundation for sustained growth. Massachusetts residents have ever more flight options to consider if the tax burden at home gets heavier.

One irony is that New England states, which are typically Democratic when it comes to federal elections, sometimes choose GOP governors to hold down state taxes. But Mr. Baker isn’t running for re-election and Democrats are likely to retake the governorship. The constitution’s flat rate mandate is a crucial limit on the demands of interest groups for ever-more spending. If tax rates rise and the revenue cap goes away, spending will soar to snatch the new revenue and soon the politicians will return to seek even higher rates, as they always do.

Opponents of the proposed tax hike can take inspiration from Illinois, where voters in 2020 preserved their state’s 5% flat tax. To adapt a saying from a different state: If fiscal sanity can make it there, it can make it anywhere.

The Wall Street Journal
Sunday, October 9, 2022
Opinion | Review & Outlook
Massachusetts Flirts With Tax Masochism


Attorney General Maura Healey seems to be of two minds when it comes to taxes....

“We need tax relief. I have long encouraged the Legislature to act, both in terms of giving the nearly $3 billion in surplus back to taxpayers, as they are required to by law, and to pass tax reform,” she said. “Gov. Baker put forward a really sensible package on tax reform.”

In January, Baker proposed tax relief for renters, low income families, older residents, and changes to both the estate and capital gains taxes, Healey reminded the hosts.

“That needs to happen,” she said. “Again I hope that we see the Legislature move on that quickly.”

However, when it comes to taxing high-income residents, Healey says she will be voting in favor of the Fair Share Amendment, or ballot Question 1 in November....

“If passed, Question 1 would be one of the state’s highest-ever tax increases at a time when our state already has the biggest budget surplus in its history,” said Dan Cence, spokesperson for the Coalition to Stop the Tax Hike Amendment.

“The deceptive wording of the question leads voters into believing that this is uniquely a tax on individuals earning a million or more dollars annually, but in reality, the Tax Hike Amendment would nearly double the income tax rate on tens of thousands of small business owners, homeowners, family farmers, retirees, and other Massachusetts residents,” he said.

The ballot question, along with Healey’s job application, will be decided by voters on Nov. 8.

The Boston Herald
Sunday, October 9, 2022
Maura Healey supports Charlie Baker’s tax cuts, and also millionaire’s tax hike


Opposition to this measure has attracted funding from several prominent names in Massachusetts business circles, including Robert Kraft’s Rand-Whitney Containerboard, Suffolk Construction, and New Balance chairman Jim Davis. Among the proponents of a yes vote are teachers unions and other labor groups.

Question 1 has generated the most cash among the four ballot questions by far: More than $30 million has been raised in the race as of Oct. 5....

The Boston Globe
Tuesday, October 11, 2022
Tracking the funders of the 2022 Massachusetts ballot questions
By Vince Dixon and Christina Prignano

Interactive Listing of Individual Contributions


With less than a month left for voters to decide where they will come down on the Constitutional amendment that would add a 4 percent surtax on annual household income above $1 million, each side of the argument made its case before the Charles River Chamber on Wednesday.

The question has been years in the making and by Nov. 8 voters will have to decide whether to shift Massachusetts away from the flat income tax rate structure enshrined in the Massachusetts Constitution to allow for the surtax that is designed to raise money for transportation and education spending....

Andrew Farnitano, communications director for Fair Share Massachusetts, used his pro-surtax argument Wednesday to emphasize the small number of very wealthy taxpayers who would be imposed upon to pay more in taxes and how that revenue would benefit the state more broadly.

"Regardless of what group we're talking about -- business owners or home sellers or all taxpayers -- this tax is about asking those at the very top, the top one or two percent of those groups, to pay a little bit more, just an extra 4 percent on their second million, to make these really important investments that we need to make in transportation and public education, not just next year, but 10, 20, 30 years from now to have the sustainable revenue we need to make those investments," he said.

Arguing against the surtax proposal Wednesday was Eileen McAnneny, the president of the Massachusetts Taxpayers Foundation, who made the case that adding a new tax burden on wealthy residents is only going to harm the state's economic competitiveness and will drive high earners to lower tax states.

"I think it's unnecessary at this time," she said. "Massachusetts has so much surplus tax revenue, we'll be giving $3 billion of it back to taxpayers. I also think that this will make Massachusetts less competitive than it is. And again, our economy is based on innovation, entrepreneurship, a highly-talented workforce, and I'm just concerned given the options they have in this post-pandemic environment that they'll choose to live elsewhere." ...

A big part of McAnneny's pitch Wednesday was that it is not prudent to embed tax policy into the state's Constitution because making any changes to address unintended (or unpopular) consequences would require a complicated four-year process similar to the one that was required to get the question on this November's ballot.

"To me, that's very problematic, because ... at a minimum, it takes four years to change it, should change be necessary. And all I would say is, I would point to how different our economy looks today than it did before the pandemic, just three short years ago," McAnneny said. "And so this essentially does not allow the Legislature the authority to make any changes should they become necessary, and in the Mass Taxpayers [Foundation] view, they will become necessary."

McAnneny also zeroed in on what Charles River Chamber President Greg Reibman called "the one issue that's going to most confuse voters:" whether the money raised by the surtax is actually guaranteed to be spent on education and transportation. She said it guarantees that more money would flow into the state's coffers, but not necessarily that more is spent in those areas.

"Even if every dime from this surtax goes to education and transportation as the proponents intend, it doesn't mean that the Legislature has to continue spending what they currently appropriate on education and transportation," she said. "As you all know, money is fungible. So the money from this can be guaranteed for education and transportation, but it's not additive." ...

The debate hosted by the Charles River Chamber was not the only surtax-centered event happening Wednesday. At roughly the same time, another surtax debate was going on at Salem State University between Max Page, president of the Massachusetts Teachers Association, and Dan Cence, spokesman for the Coalition to Stop the Tax Hike Amendment. That event was hosted by the Frederick E. Berry Institute of Politics.

State House News Service
Wednesday, October 13, 2022
Income Surtax Supporter, Opponent Square Off


At the dispute’s center is the prospect of many so-called one-time millionaires — the small-business owner or retiree finally selling their company or home — suddenly eating a higher tax bill, all because of a measure being touted as a way to make our tax system fairer....

Dan Cence, a spokesman for the business-backed committee opposing the question, argued Friday that half of those paying the tax each year could fall into that category — “50.5 percent” he said, composed of people who “don’t consider themselves millionaires.”

“Is that who we’re going after with this? I thought we were going after the uber-wealthy?” Cence said during the debate, hosted by WBUR in partnership with WCVB Channel 5 and The Boston Globe. “This is people who’ve worked their entire life for one single event that would fund their nest egg, fund their retirement.” ...

The back-and-forth encapsulated a running dialogue, and a specific question posed by host Tiziana Dearing, of what exactly constitutes as fair....

The measure mandates all new revenue from this tax — estimated by state officials and proponents to be anywhere from $1.2 billion to $2 billion annually — would be earmarked for education or transportation, albeit subject to appropriation, or legislative decision-making.

That means the Legislature will ultimately decide where the money flows, be it to road projects, the MBTA, or local school funding within the amendment’s broad confines. The wording, critics argue, also leaves no guarantee spending on education or transportation would actually increase because lawmakers could simply shift other, existing revenue elsewhere....

“Less than seven in every thousand people in our state,” [Andrew Farnitano, a spokesman for the labor-backed Fair Share committee pushing the ballot question] said, “who have been the most successful, made the most money, benefited the most from our economy, should pay a little bit more.”

The Boston Globe
Thursday, October 14, 2022
Millionaires tax debate pivots on who, exactly, would end up paying new levy


Other Ballot Questions

Along with electing candidates to statewide and local offices, voters will be asked to decide four ballot questions in November. Two of them – whether to raise income tax rates on high earners and whether to repeal a law allowing undocumented immigrants to obtain driver’s licenses – are fairly clear-cut, even if the arguments of those on competing sides on the questions are not. The other two questions, however, are anything but straightforward....

CommonWealth Magazine
Wednesday, Spetember 28, 2022
Some ballot questions could draw blank stares


Chip Ford's CLT Commentary


I had intended to keep readers updated step-by-step on the latest Graduated Income Tax assault, the so-called "Fair Share Amendment" or "Millionaires Tax" appearing as Question 1 on the ballot.  But Boston Globe columnist Jeff Jacoby's excellent column on it was published on July 27 — which also was the very day that big news exploded of CLT's $3 Billion tax cap refund likely kicking in this year and the political whirlwind erupted.  While the tax cap refund has consumed my every waking moment since then I've also managed to keep an eye on the Grad Tax ballot question, following and accumulating news about its progress.  I've been gradually putting it all together over the past week and am finally able to get it out.

I'm not going to bury you with much of my usual commentary but just encourage you to vote NO! on Question 1 and defeat this deceptive abomination for the sixth time.  It's being thrust on voters by the same cabal of The Takers as before the usual greedy suspects with unlimited resources and very deep pockets, primarily the state and national teachers unions with multi-millions of dollars to invest as always, and the other usual government employee and service unions.

Interactive Listing of Individual Contributions

The Boston Globe's Jeff Jacoby closed his July 27 column ("Millionaires tax is unwise and unworthy") with:

"The framers of the Massachusetts Constitution knew what they were doing when they embedded a buffer against class warfare into the state’s basic charter.  Five times Massachusetts voters have been asked to tear up Article 44 — in 1962, 1968, 1972, 1976, and 1994 — and five times they have said no.  They’ll need to say no once again this fall."

And I sure hope they do so again!

Citizens for Limited Taxation was founded in 1975 by Edward F. King specifically for the purpose of opposing and defeating the fourth graduated income tax scheme (its previous incarnations were in 1962, 1968 and 1972):  CLT and the voters succeeded in preventing its adoption.  But The Takers never take HELL NO! for an answer never.  They resurrected it from the grave once again in 1994.

Their fifth assault on the flat tax was presented that time as two ballot questions.  Question 6 was a constitutional amendment that would replace Massachusetts' historic flat tax with an outright graduated income tax.  Question 7 was meant to trick voters by establishing statutory income brackets each with its separate "graduated" tax rate.  The constitutional amendment would have been unchangeable forever.  The various tax brackets would be just a law subject to the whims, fancies, and greed of the insatiable Legislature, able to be easily changed at any moment, dividing taxpayers into brackets then hiking one bracket at a time, never reaching a critical mass of opposition.  It was clearly a bait-and-switch scam.  Sneaky yes, nonetheless the voters weren't suckered, they rejected it once again.

CLT and Barbara Anderson led the opposition ballot campaign and defeated for the second time The Takers' fifth graduated income tax scheme on that 1994 ballot.

Now the sixth graduated income tax scam is on the ballot before Massachusetts voters, disguised as "only on millionaires."  Right, welcome to the millionaires club, folks, it won't be long before you're taxed too!  Once The Takers' collective foot is in the graduated income tax door, do you believe they'll ever be satisfied?

Barbara Anderson in 2015 holding one of our 1994 campaign lawn signs,
when we learned The Takers were back with their sixth graduated income tax scheme.

CLT News Release
August 5, 2015
CLT still opposes Grad Tax schemes

Chip Ford
Executive Director


Full News Reports
(excerpted above)

The Boston Globe
Wednesday, July 27, 2022
Millionaires tax is unwise and unworthy
The Massachusetts Constitution contains a barrier against class warfare.
Will voters tear it up?
By Jeff Jacoby


On the Massachusetts ballot this November will be another attempt by progressive activists to get voters to agree to something they have repeatedly rejected. The proposed “Fair Share Amendment” would rewrite the Commonwealth’s Constitution, which for 106 years has decreed that income may be taxed only at a uniform rate. If voters agree, Article 44 of the Constitution would be changed to allow Beacon Hill to impose a surtax of 4 percentage points on any income above $1 million. That would raise the marginal tax rate on million-dollar earners from 5 percent to 9 percent — a whopping 80 percent increase.

For at least three reasons, this is a terrible proposal.

First, it would punish taxpayers who are not millionaires by any normal understanding of the word. As the Pioneer Institute, a leading Boston think tank, warns, the surtax would take a painful bite mostly out of senior citizens selling a home they’ve outgrown or small business owners whose companies’ income is reported on their individual tax returns. These aren’t plutocrats living high on the hog but middle-class residents whose “million-dollar” income is either a one-time anomaly or a mere accounting convenience.

Second, it would accelerate the exodus that has been draining people from Massachusetts for years. The Bay State is already one of the top 10 states that Americans are likeliest to leave. Those who depart relocate to two states in particular: Florida and New Hampshire. What do they have that Massachusetts doesn’t? One feature stands out: Neither taxes income. Between 2010 and 2020, the amount of annual income moving from Massachusetts to other states increased from $422 million to $2.6 billion. Impose a surtax that makes Massachusetts even more unfriendly to business and property owners, and that outmigration will only intensify.

Third, state government has more money at its disposal than it has ever had before. It is inundated with cash it cannot figure out how to spend. The Legislature just passed a gigantic $53 billion budget for the next fiscal year, but a $3.6 billion surplus remains from the fiscal year that just ended. If Massachusetts were desperately short of funds needed to keep afloat, there might be a case for raising taxes. But to do so when revenue is gushing in?

Those clamoring for this surtax insist they aren’t motivated by greed or envy. Their sole motivation, they say, is that the wealthy don’t pay their “fair share.” But the data tell a different story. Taxpayers making $1 million and up earn 22 percent of all income in Massachusetts. They pay 24 percent of all income taxes. According to the Department of Revenue, they account for just one-half of 1 percent of the state’s 3.95 million tax filers. Yet they supply nearly a quarter of all income taxes paid.

It’s true that higher-income people pay a lower share of their income in total state and local taxes than do those at the bottom of the income ladder. But that has nothing to do with income taxes and everything to do with sales and property taxes. If Democrats and progressives truly wanted to ease the tax burden of the non-wealthy, they could do so without tearing up a venerable article of the state constitution. They could, for example, follow the lead of New Hampshire and other states that charge no sales tax.

But the reason for the Fair Share Amendment isn’t to ease anything for anybody. It is to whip up resentment against the tiny sliver of the state’s population that reports more than $1 million in income.

The latest publicity release from the left-wing Massachusetts Budget and Policy Center, a key surtax advocate, is headlined: “More than 99% of Mass. Residents Won’t Pay a Penny Toward ‘Fair Share’ Taxes.” An accompanying flyer emphasizes that even in the most highly-paid professions, the average yearly income is less than $1 million. “Relatively few taxpayers,” it assures voters, “would be subject to a tax increase under the Fair Share Amendment.” In other words: Vote for this tax because someone else will be paying.

That is an ignoble sentiment, one of the oldest and most destructive in history. It doesn’t make society more prosperous or productive when politicians rail against “millionaires” and populists scapegoat the “1 percent.” It makes communal life more precarious. The framers of the Massachusetts Constitution knew what they were doing when they embedded a buffer against class warfare into the state’s basic charter. Five times Massachusetts voters have been asked to tear up Article 44 — in 1962, 1968, 1972, 1976, and 1994 — and five times they have said no. They’ll need to say no once again this fall.


The Boston Herald
Tuesday, September 13, 2022
Millionaire’s tax debate hits the airwaves
By Matthew Medsger


The fight over whether to tax incomes over $1 million is heating up, with both sides taking to the airwaves to explain to voters why a November ballot question should or should not pass.

“Politicians are pushing a tax hike on the November ballot, that makes no sense,” Leo Cakounes, a cranberry farmer, says in an ad by the Coalition to Stop the Tax Hike Amendment.

In November, voters will be asked to decide whether or not to tax income over $1 million an additional 4%. Proponents of the measure, in their own ads, maintain that the money will be constitutionally obligated for spending on transportation and education.

“The pandemic stretched our schools to the breaking point. Question 1 is a chance to make things better,” Cynthia Roy, a New Bedford school teacher says in the ad by Fair Share for Massachusetts. “It raises $2 billion a year, constitutionally dedicated to public education and transportation.”

Proponents further claim that only people making over $1 million a year will be affected by the surtax. The group opposing the amendment says that’s not entirely true.

“It would also tax the sale of small businesses and homes in Massachusetts,” Richard Schmalensee, an MIT professor emeritus of economics, said. “Our state already has the biggest budget surplus in history.”

Massachusetts construction giant Suffolk Construction and New Balance CEO Jim Davis are among the group behind the “No on 1” campaign, which proponents say explains their opposition to the ballot initiative.

“The wealthy investors and super-rich CEOs funding the opposition to Question 1 are trying to scare people because they don’t want to pay their fair share in taxes. With Question 1, small business owners won’t have to pay a penny more on our company’s revenue. Only individuals who earn more than $1 million a year in personal income will pay a little more,” said Gerly Adrien, business director for Fair Share and owner of Tipping Cow Ice Cream in Somerville.

“But every business in Massachusetts will benefit when our communities have better schools and colleges that prepare a well-educated workforce, and a more reliable transportation system that gets our employees to work and our goods to market,” she said.

A new report by the Tax Foundation says that the $2 billion the tax will raise may well be offset by people leaving the state for lower taxes.

“If approved, the graduated income tax could contract the Massachusetts economy by $6 billion by end of 2025,” the foundation’s report reads. “The graduated income tax amendment is likely to exacerbate the net outmigration of AGI from Massachusetts as taxpayers adjust their behaviors to the tax increase.”


Tax Foundation
Tuesday, September 13, 2022
Massachusetts’ Graduated Income Tax Amendment
Threatens the Commonwealth’s Economic Transformation

By Timothy Vermeer, Senior Policy Analyst


Key Findings

● Massachusetts’ tax advantage in New England is primarily driven by its competitive individual income tax rate and its sales and use tax structure.

● The graduated income tax amendment would be paid by many small businesses, in addition to wealthy individuals.

● The proposed surtax is likely to have negative economic effects that will impact low- and middle-income earners.

● If approved, the graduated income tax could contract the Massachusetts economy by $6 billion by end of 2025.

● Massachusetts has seen net outmigration of adjusted gross income (AGI) since 1993, resulting in $23 billion of AGI flowing to other states.

● Florida and New Hampshire, two states with no individual income tax, are consistently the top destinations for net outmigration of AGI from Massachusetts.

● The graduated income tax amendment is likely to exacerbate the net outmigration of AGI from Massachusetts as taxpayers adjust their behaviors to the tax increase.

● Responding to potential negative economic effects of the surtax by repealing or adjusting the rate would require another constitutional amendment, which would take years to accomplish.

Introduction

This November, Massachusetts voters will decide whether the state’s constitution should be amended to transition the Commonwealth from a flat rate individual income tax to a graduated rate tax with a high top marginal rate. If approved, the amendment would impose a 4 percent surtax on income over $1 million, raising an estimated $2 billion per year in new revenue.

Proponents of the amendment have framed the issue as a response to income inequality, with the surtax advertised as only affecting the wealthiest residents of the Bay State and thus ensuring that the wealthy pay their fair share. This motivation is unsurprising in a state known for its progressive politics, and the Commonwealth’s flat-rate income tax is anomalous in a tax code that otherwise bears the hallmarks of progressive taxation. Less publicized are the compelling reasons to believe the surtax may generate negative economic consequences that outweigh any social benefit from additional tax revenue. And there are hints that the Bay State’s voters care about this too, for the single rate income tax has had staying power, long favored by residents.

To bring those issues into the light, this paper will outline the current tax landscape on which the surtax would be appended and the ongoing negative migration trends the surtax could exacerbate; discuss the findings of important academic research on income tax changes; and conclude by addressing the potential long-term consequences the surtax could have on the people of Massachusetts, including on residents—the vast majority of them—who would not owe the tax themselves.

FULL REPORT


The Wall Street Journal
Friday, September 9, 2022
Opinion | Commentary | Cross Country
Don’t Make Massachusetts ‘Taxachusetts’ Again
A proposed millionaire tax would accelerate the exodus of wealth to New Hampshire and Florida.
By Jim Stergios


Boston - Unlike many blue states, Massachusetts has resisted the temptation to raise taxes on high earners. That antitax fortitude is about to be tested. In November state legislators will ask voters to approve an amendment to the Massachusetts constitution adding a 4% surcharge to annual income over $1 million.

Massachusetts is home to arch-progressives like Sen. Elizabeth Warren and Rep. Ayanna Pressley, but many voters here remember the 1980s, when the state was derisively known around the country as “Taxachusetts.” A series of antitax popular initiatives in the 1980s and tax cuts enacted by Gov. William Weld in the 1990s reduced Massachusetts’ overall state and local tax burden considerably. Proposition 2˝, which limits both the levels and growth of property taxes, was approved by voters in 1980 and remains sacrosanct. Among states with income taxes, Massachusetts’ flat 5% rate is on the low side. In neighboring Connecticut and New York, the highest earners pay 6.9% and 10.9% respectively.

What was Taxachusetts has become New England’s economic dynamo. Since the 2007-09 recession, wage and job growth in Massachusetts has outpaced the nation. Sustained economic growth produced a budget surplus exceeding $5 billion in the past fiscal year, which makes it doubly odd to ask voters to approve a tax hike now.

Connecticut’s economic arc illustrates the consequences of high taxes—especially in cold, expensive states that residents and businesses find easy to leave. In the late 1980s, Connecticut was a comparatively low-tax state, ranking 17th in the nation in overall tax burden.

Under Gov. Lowell Weicker, a liberal Republican turned independent, a flat income tax of 4.5% was introduced in the 1990s, and in subsequent decades Connecticut politicians couldn’t resist adding brackets and raising rates. Now the state’s overall tax burden is the second heaviest in the nation and the economic fallout has been disastrous. From 2008 to 2020, Connecticut ranked 49th in wage growth and 48th in job growth. By 2020, it was one of only three states where employment levels hadn’t recovered to pre-Great Recession levels.

Connecticut’s raft of tax hikes hasn’t translated into overflowing tax coffers. In the year after its 2015 income tax hikes, revenues generated by the state’s 100 largest taxpayers actually fell 45%. From 2008 to 2022, Connecticut’s state budget grew by 37%, while Massachusetts’s pro-growth policies fueled a doubling of the public fisc.

The Bay State’s budget surpluses are the product of a competitive tax environment that fuels private-sector activity. High taxes chase off businesses and jobs and undermine the goals that progressive taxers say they want to achieve via public investments. Economic growth lifts all boats, including the ship of state. The extra money is proving hard for even Massachusetts’ legislators to spend.

One might ask why state legislators, who put this constitutional amendment on the ballot, are so determined to return to the bad old days of Taxachusetts. The proposed tax, according to a Tufts University estimate, would generate $1.3 billion annually—a fraction of the surplus generated by economic growth in the past fiscal year. That tax revenue would come at a steep cost. Because the amendment’s definition of income includes capital gains and “pass-through” income from entities taxed via individual returns, such as partnerships, sole proprietorships and S corporations, the proposed tax would primarily affect retirees and small businesses.

While Massachusetts’ stable tax environment attracts residents fleeing higher-tax states like New York, New Jersey and Connecticut, those gains constitute a fraction of the net outflow of Massachusetts’ people and wealth to lower-tax states, especially New Hampshire and Florida. Even without a tax hike, the exodus of wealth from Massachusetts accelerated sixfold over the last decade. In the aftermath of the pandemic, states are competing for talent. In the past two years, 25 states have enacted or implemented individual and corporate tax cuts.

Haunting November’s vote is the ghost of the 1980s antitax movement. In the waning days of the state legislative session, Gov. Charlie Baker announced that economic growth has brought the state too many blessings: Overflowing coffers triggered, for the first time in 35 years, an obscure 1986 law (itself passed via initiative petition) that caps state tax revenue growth at the rate of statewide wage and salary growth.

So, this fall, as voters head to the polls to decide whether to pass the largest tax hike in the state’s history, they will do so knowing that the state is at the same time rebating more than $3 billion to 3.8 million Bay State households. House Speaker Ronald Mariano says he may push to undo the 1986 law responsible for those rebates. Try that and see what the electorate does.

For 30 years, Massachusetts has believed that a good economy is the best way to fund government programs. But alas, big government always wants more. If taxpayers lose in Massachusetts, then Florida and New Hampshire will win—and a firewall against economic stupidity will fall.

Mr. Stergios is executive director of Pioneer Institute.


The Boston Globe
Thursday, September 22, 2022
There are rich people, and then there are the ‘one-time millionaires’
Opponents of the November ballot initiative that would raises taxes for some Massachusetts residents are out to redefine what it means to be wealthy.
By Shirley Leung


For more than a month, the campaign championing a special tax on the wealthy has blasted TV airwaves with a simple message: “They pay less and we pay more.”

“They” are the people who earn more than $1 million a year, as one ad intones and pans to a shot of a businessman boarding a private jet. The implication is that they can afford Question 1, a ballot initiative that would create a 4 percent surcharge on these millionaires.

Yet the first ad from the opposition, which debuted last week, paints a different picture of who could get hit with the proposed hike: farmers, lobstermen, small business owners, and even homeowners.

That’s because “they” include so-called one-time millionaires. According to an analysis by Tufts University’s Center for State Policy Analysis, the pool of wealthy households in Massachusetts changes dramatically year to year with only about half consistently earning incomes of more than $1 million. The rest are people who earn more than $1 million just once because of profits they’ve made from selling a business, home, or long-term investment.

Leo Cakounes believes he will fall into that tax bracket when he gets ready to retire and sells his organic cranberry farm in Harwich. The 65-year-old stars in the opposition’s first TV ad, saying that the ballot question “makes no sense.”

In an interview, Cakounes, 65, would not divulge how much more he might pay in taxes, but he says any increase would be too much. Simply put, for every additional $1 million he earns, Cakounes would pay an extra $40,000 in taxes.

He doesn’t think of himself as rich. Cakounes said that in the three decades he has operated a farm he has never made $1 million in a year and chafes at what he describes as a “this will not affect you” attitude about Question 1.

“That’s baloney,” he said. “I’ve worked damn hard to be where I am today, damn hard. I’ve saved and scrimped and cut back. Now I am being penalized again when this goes through.”

Ann Sullivan, who owns Metro Equipment Corp. in Braintree, also does not consider herself a millionaire, but she will be classified as one when she sells her excavation business. She also appears in a TV ad campaign launched by the opposition, which is being funded by a coalition of business groups, and small and big business owners.

Sullivan figures that if she sells her company and nets $2 million, the first million will be taxed at the rate everyone pays, which is 5 percent, and then the next million dollars would be taxed at 9 percent. Instead of paying $50,000 in taxes on the next million dollars, she would owe $90,000 if the ballot question passes.

Although a $2 million payday may seem like a lot of money to most people, Sullivan, 61, said the sale proceeds would constitute her retirement.

“This is my nest egg,” Sullivan said. “When I stop working, I stop working. So every dollar is going to count.”

With the state experiencing a record budget surplus and taxpayers due back nearly $3 billion in refunds, Sullivan doesn’t understand why Massachusetts needs more revenue. The millionaire tax is expected to raise an estimated $2 billion annually, money that Beacon Hill is expected to spend on education and transportation.

“The state has lots of money now, and now is not the time to be looking at my nest egg. Just leave my nest egg alone,” Sullivan said. “Small businesses have enough on their plate. We’re all trying to recover from two years of misery. We could use help rather than a hindrance.”

All told, an estimated 26,200 households in Massachusetts are expected to have incomes of more than $1 million in 2023, according to the Tufts analysis. That represents less than 1 percent of all taxpayers.

As the debate over Question 1 heats up, voters will also be confronted with whether the ballot initiative represents a tax on the middle class. Broadly speaking, no, it doesn’t.

But a segment of the upper-middle class — such as a household with a mid-six-figure income — could face higher taxes when they sell a second home, according to a Tax Foundation analysis released last week. Long-term capital gains would be taxed at 9 percent, instead of 5 percent.

Still, a tiny fraction of people falls into this category. Less than 1 percent of Massachusetts home sales result in a gain of more than $1 million, according to the Massachusetts Budget Policy & Center.

Let’s be real here. It’s hard to have sympathy for people who stand to make a lot of money from selling their businesses or second homes. A team of good accountants and lawyers can offer advice on how to avoid paying the surtax, or at least minimize the impact. That’s what rich people do — and it’s how they stay rich.

At the heart of the debate over Question 1 is that someone has to sacrifice for the greater good. Those voting yes believe the wealthy don’t pay their fair share in taxes, and the law needs to be changed. Those against the measure will wonder if it’s fair to only raise taxes on a small group of people. So far, polling indicates that Question 1 will pass by a modest margin.

How should you vote? It will come down to whether you’re a millionaire or not, and whether you know one or expect to earn $1 million in a single year. In an entrepreneurial economy and a housing market like ours, the answer is perhaps not that clear.

Shirley Leung is a Business columnist.


Tufts University
The Center for State Policy Analysis
September 2022
Risks and Benefits of a Millionaires Tax

EXECUTIVE SUMMARY


Should Massachusetts introduce a new tax on high-income households — and earmark the revenue for education, roads, bridges, and public transit?

Voters will get to decide as part of a November ballot initiative known as the millionaires tax, which would apply a 4 percent surtax to annual income over $1 million.

Questions abound. Will this tax drive high-earning residents out of state? Can it help address racial inequities? Might the money be diverted for other uses?

In a previous report, we at the Center for State Policy Analysis found that the tax would generate roughly $1.3 billion in revenue in 2023 — and that aggressive tax avoidance would be a bigger challenge than an exodus of high earners.

In this policy brief, we examine additional arguments for and against the millionaires tax.


Beacon Hill Roll Call
Volume 47-Report No. 39
September 26-30, 2022
Ballot Question #1 - Income Tax Hike for Taxpayers Earning More than $1 Million Per Year
By Bob Katzen


The first question on the November ballot asks voters if they favor a proposed constitutional amendment that would allow a graduated income tax in Massachusetts and impose an additional 4 percent income tax, in addition to the current flat 5 percent one, on taxpayers’ earnings of more than $1 million annually. Language in the amendment requires that “subject to appropriation” the revenue will go to fund quality public education, affordable public colleges and universities, and for the repair and maintenance of roads, bridges and public transportation.

The proposal is sponsored by Sen. Jason Lewis (D-Winchester) and Rep. James O’Day (D-West Boylston). It qualified to get on the November ballot when it was approved by the 2019-2020 Legislature and then the 2021-2022 Legislature. If voters approve the proposal, it will become part of the state constitution.

The most recent approval was on June 9, 2021 when the House approved the tax hike 121-39 and the Senate approved it 38-2.

The proposal has been dubbed by sponsors as “the Fair Share Amendment.” Opponents reject that label and call it another unnecessary excessive tax.

Supporters say the amendment will affect only 18,000 extremely wealthy individuals and will generate up to $2 billion annually in additional tax revenue. They argue that using the funds for education and for the repair and maintenance of roads, bridges and public transportation will benefit millions of Bay State taxpayers. They note the hike would help lower income families which are now paying a higher share of their income in taxes.

Opponents argue the new tax will result in the loss of 9,500 private sector jobs, $405 million annually in personal disposable income and some millionaires moving out of state. They say that the earmarking of the funds for specific projects is a phony sham and argue all the funds will go into the General Fund and be up for grabs for anything.

“The Fair Share Amendment is a win for all Massachusetts residents,” said [Rep. James O’Day, D-West Boylston]. “That is why the list of small businesses, unions and community organizations that support Question 1 continues to grow. I encourage everyone to visit fairsharema.com, read the text of the amendment and learn more about our efforts. If you’re part of the 99 percent of Massachusetts residents who make less than $1 million a year, your taxes will not change.”

“I am proud to be the lead Senate sponsor of the Fair Share Amendment … because it will make our tax system more equitable by asking the wealthiest households to pay a little bit more, and it will strengthen our economy by investing these funds to improve educational opportunities for all students and help rebuild our aging transportation system,” said Sen. Jason Lewis (D-Winchester).

“Question 1 is a win-win for Massachusetts: only people who earn more than $1 million annually will pay more, and 99 percent of us won’t pay a single penny more,” says Jeron Mariani, campaign manager for Fair Share for Massachusetts. “And we’ll all benefit from $2 billion every year that’s constitutionally dedicated to schools, colleges, roads, bridges and public transportation. That’s why thousands of educators, workers, small business owners, parents, faith leaders, municipal officials, drivers and transit riders are working together to pass Question 1.”

"How many times do voters need to reject a graduated income tax before the insatiable Takers accept their decision?" said Chip Ford, executive director of Citizens for Limited Taxation, which led the opposition to and defeat of the last two attempts to impose a graduated income tax in 1976 and 1994. "They won't be satisfied until they drive out the productive and strangle the golden goose to death. Then who'll they pillage?"

“Question 1 is one of the state’s highest-ever proposed tax increases at a time when our state already has the biggest budget surplus in its history,” said Dan Cence, spokesperson for No on Question 1. “Proponents claim that it will raise taxes only on Massachusetts’ highest earners, but in reality, Question 1 would nearly double the income tax rate on tens of thousands of small business owners, family farmers, retirees, homeowners and other Massachusetts residents. We feel strongly that Massachusetts voters will recognize the harm that this tax hike will have on our economy and vote No on Question 1.”

“Voters must decide this November, if they will go along with the Legislature’s very deceptive ballot question, which gives them a blank check to spend the new tax on anything they want,” said Paul Craney of the Massachusetts Fiscal Alliance. “The deceptive ballot question hopes to raise the income tax by 80 percent on some taxpayers and small business owner that want to retire and sell their business. If taxpayers think an 80 percent income tax increase is just too high, they can send the clearest message this November and vote ‘No’ on Question 1.”

Here’s the official arguments of the supporters and opponents as they appear in the Redbook – the book, distributed by the Secretary of State to households across the state, that provides Information to voters on ballot questions.

IN FAVOR:
Written by Cynthia Roy, Fair Share Massachusetts
FairShareMA.com

“By voting Yes on Question 1, you will make sure that the very richest in Massachusetts—those who make over $1 million a year—pay their fair share. Current tax rules allow multimillionaires to pay a smaller share in taxes than the rest of us. Question 1, the ‘Millionaires’ Tax,’ will make the extremely wealthy pay an additional 4 percent on the portion of their yearly income above $1 million.

The additional money is constitutionally guaranteed to go toward transportation and public education. Question 1 means every child can go to a great school. We can fix our roads, expand access to vocational training, and make public colleges more affordable. Excellent roads and schools help our small businesses grow, create new jobs and build strong communities. Question 1 means creating opportunity for everyone.”

Vote Yes on Question 1. Only the very rich will pay—not the rest of us.”

AGAINST:
Written by Paul D’Amore, Small Business Representative
Coalition To Stop the Tax Hike Amendment
www.NoQuestion1.com

“Question 1 nearly doubles the state income tax rate on tens of thousands of small-business owners, large employers and retirees.

Question 1 treats one-time earnings—the sale of homes, investments, businesses, pensions and inheritances—as income. This would suddenly force many residents into the new, very high tax bracket, depleting the nest eggs of small-business owners and longtime homeowners whose retirement depends on their investments.

Record inflation, supply chain difficulties, and continuing COVID-19 issues make now the worst possible time for massive tax increases—especially when Massachusetts already has a giant budget surplus.

There is absolutely no guaranteed revenue from this huge tax hike would actually increase spending on education and transportation. Politicians are giving themselves a blank check, with no accountability.

Organizations representing over 20,000 small businesses and family farmers urge: Vote ‘No’ on Question 1.”


WBSM AM-1420
New Bedford
Tuesday, October 4, 2022
Yes Vote on Massachusetts Question 1 Is ‘Forever,’ Warns Tax Group
By Barry Richard


Citizens for Limited Taxation (CLT) is warning voters to be wary of political slogans and campaign ads concerning Massachusetts Ballot Question 1 on the November 8 state ballot.

"Question 1 would create a four percent tax on the portion of a person's annual income above $1 million and require – in the state constitution – that the funds be spent only on transportation and public education," according to Fair Share for Massachusetts.

"Only people who earn more than $1 million annually will pay more; 99 percent of us won't pay a penny more," the group said.

Fair Share for Massachusetts called its ballot initiative the "Fair Share Amendment" or a "Millionaires Tax," which suggests that some are not carrying their share of the tax load.

According to the Tax Foundation, "Massachusetts has a flat 5.00 percent individual income tax rate. Massachusetts has an 8.00 percent corporate income tax rate. Massachusetts has a 6.25 percent state sales tax rate and does not levy local sales taxes."

Citizens for Limited Taxation director Chip Ford said Question 1 amends the Massachusetts Constitution to allow lawmakers to raise taxes.

"It's forever," Ford said. "As a constitutional amendment, it can never be changed without approval by the legislature."

Ford said Question 1 changes the Massachusetts tax structure from a flat tax system to a progressive tax system.

"Voters rejected graduated income tax amendments five times already. What part of 'no' don't they understand?" he said. "With multi-billions in excess revenue over-taxation, when is more-than-enough enough?"

The Massachusetts Supreme Judicial Court struck down an attempt to place the Fair Share Amendment on the 2018 statewide ballot because it addressed two different issues, the establishment of a tax and earmarking the revenue for transportation and public education.

A different version of the amendment passed SJC muster this year and was approved by the Massachusetts Legislature.


The Boston Globe
Tuesday, October 4, 2022
Millionaires tax proceeds are supposed to bolster education and transportation.
Lawmakers would decide if they actually do.
By Matt Stout


One television advertisement touts a proposed surtax on wealthy residents as a cure for the state’s “teacher shortage.” The initiative would mean better roads, another spot says. Nearly every single ad from proponents says it would raise $2 billion a year.

It ultimately may. But should voters embrace Question 1 and create a new 4 percent surtax on annual earnings above $1 million, the decision about where the money ultimately goes — and who benefits — would rest with lawmakers on Beacon Hill, who face no obligation to use the revenue exactly as proponents are pitching.

In interviews and statements, legislative leaders offered few assurances about where they, let alone future legislators, would funnel the proceeds from the so-called millionaires tax, often citing a laundry list of needs or competing interests.

The proposed constitutional amendment would require that the revenue it raises “only” go toward public education and transportation. But it also notes that the money would be “subject to appropriation,” or in other words, up to lawmakers. That, critics contend, leaves no guarantee spending on schools or roads or the MBTA would actually increase because lawmakers could simply shift other, existing revenue elsewhere.

Representative Aaron Michlewitz, the House’s budget chairman, said that if the initiative passes, lawmakers “should be directing money to those items” to fulfill the will of the voters.

“We’ll certainly try to uphold this end of the bargain. But you can never guarantee anything,” said the North End Democrat, who voted to put the question before voters. “You don’t know what the economic outlook will be. It would be disingenuous to say with a 100 percent guarantee [how it would be spent], with the idea that we may have to make decisions to offset other issues.”

The amendment includes some definition. It would push the revenue raised toward “repair and maintenance” of roads, bridges, and public transportation, which could be read as a prohibition on spending on expansion projects. The revenue could also go toward “affordable public colleges and universities,” indicating that its intent is to help keep the cost of higher education down, and for “quality public education.”

Still, even in earmarking the revenue for those pockets of education and transportation, the proposal allows for a wide universe of possibilities in categories that already account for billions in annual spending.

Supporters say that could mean dedicating millions of more dollars to the MBTA as it implements dozens of actions required following a federal probe. Hundreds of bridges around the state are in disrepair, they point out. Legislators repeatedly field calls to help cut the cost of college in Massachusetts or make early education more affordable.

But those are options, not commitments. Legislative leaders also declined to say whether they believe the revenue — pitched as helping both education and transportation — should be evenly split, saying the needs from year to year, as well as the actual amount the surtax raises, could dictate the division.

“Let’s get it across the finish line and then see what we actually have,” said Representative James O’Day, a West Boylston Democrat and a lead sponsor of the effort to get the question on the ballot. “We’ll figure out what the proportions are going to be once we sort of see what that number is.”

Leadership of the Fair Share committee includes an array of groups, including the Massachusetts Teachers Association, SEIU 1199, and the Coalition for Social Justice, among others. But the majority of the $18.8 million it had reported raising has come from teachers unions, with the MTA alone giving more than $11 million as of Tuesday morning.

The labor group deferred comment to the Fair Share committee, whose leadership has not discussed how the money should be split, said spokesman Steve Crawford.

“We have never had a discussion about individual priorities,” Crawford said.

Spokespeople for House Speaker Ronald Mariano and Senate President Karen E. Spilka said neither Democrat was available for interviews in recent days, and each issued statements supporting the initiative but offering no specific promises for where the money would go. Spilka, an Ashland Democrat, said senators would “turn to the public to listen, learn, and gather feedback” before deciding what education and transportation initiatives would benefit.

“These dollars have to be spent on education and transportation — and will all be additional dollars over and above funding that is already provided,” said Senator Jason M. Lewis, a Winchester Democrat and a leading sponsor of the measure. “That’s certainly what I will be advocating for.”

Critics paint a different, and more nefarious, picture. The Legislature, they argue, could simply replace the revenue it would have otherwise spent on education and transportation with the money raised by the new tax on high earners, and then push the equivalent elsewhere — all while keeping those spending buckets level.

It’s a point opponents made before the Supreme Judicial Court in unsuccessfully pushing to rewrite how the ballot measure would be summarized for voters.

The committee opposing the measure, funded predominantly by donations from Massachusetts business leaders, has leaned into this argument, casting the question as a politician-led effort to give themselves a “blank check with no accountability.”

“I don’t trust the politicians with my money,” Ann Sullivan, who owns Metro Equipment Corp. in Braintree, says in one ad.

Jim Stergios — executive director of the Pioneer Institute, a right-leaning think tank — likened the proposal to a shell game, with little ability for the public to track where the money goes particularly long into the future.

“A Legislature in 2034 doesn’t really care what the intentions of a Legislature in 2022 are,” he said.

Democratic legislators reject that argument as a red herring, saying the needs of the state’s schools and transportation system have, and will, outstrip resources. “I don’t worry about future legislators ignoring education and transportation,” said Senator Will Brownsberger, a Belmont Democrat.

Still, exactly how much money the amendment would raise is a matter of debate. The left-leaning Massachusetts Budget & Policy Center estimates the amendment is likely to generate at least $2 billion annually, but the Executive Office for Administration and Finance — the budget office under Governor Charlie Baker, who has said he personally opposes the tax hike — is less bullish, saying it may generate $1.2 billion “in the near term.” It also said that any revenue “will vary significantly and unpredictably from year to year.”

Tufts’s Center for State Policy Analysis estimates the state would see $1.3 billion in revenue in 2023, but its projection comes with nuance: The state could see $1.8 billion in direct receipts from the amendment, but it will also have to contend for an estimated $500 million loss because of “tax avoidance” or some wealthy taxpayers leaving the state entirely.

A “significant amount” of the new revenue could end up leaking into other areas, according to one brief from the Tufts center, and tracking the revenue — and holding legislators to account — is only made more difficult by the wide breadth of options for where the money could be spent.

“There is this kind of trust question,” said Evan Horowitz, the center’s executive director, “not just in people you vote for today but people you envision [voting for] in the future.”

Legislators also routinely dismissed Republican-led efforts to affix limits on legislative maneuvering in the proposed amendment. Representative Bradley H. Jones, the House minority leader, pushed an amendment in 2019 that sought to ensure any money raised would be in addition to money already being spent. (It was rejected.)

The same day, Senator Bruce E. Tarr, the Senate’s minority leader, proposed creating a new fund where the revenues would automatically be deposited, making it easier, he argued, to track how they’re spent. That, too, was defeated.

“Because it’s subject to appropriation, there’s no guardrail. There’s no standard,” said Jones, a North Reading Republican. “I’ve been around here long enough that I’m sure a lot of private promises have been made. ‘You’ll definitely get some of it. You’ll definitely get some of it.’ And there’s nothing like making $10 billion in promises for $1 billion [in revenue].”


The Boston Globe
Sunday, October 9, 2022
Answers to your questions about the millionaires tax
By Shirley Leung, Globe Columnist


Will small-business owners in Massachusetts get hurt if voters approve a question on the November ballot to raise taxes on the wealthy?

TV ads opposing Question 1 offer an unequivocal yes. But the latest ad from a coalition that supports the surcharge argues small-business owners stand to benefit because the measure will raise an additional $2 billion annually that can be spent on education and transportation.

“Small businesses like ours have struggled during COVID. Question 1 is a great opportunity to make things better for everyone,” Karsen Eckweiler says in the ad. She’s one of the worker-owners of Democracy Brewing in Boston. “That means more jobs and better opportunities. That’s good for all businesses big and small.”

So which is it?

Both ads feature elements of truth, but the devil is in the details.

It’s true that some small-business owners will get hit with an additional 4 percent surcharge if they earn an annual income over $1 million. Typically, this happens when they sell their businesses. In fact, about half of the households in Massachusetts that make over $1 million are so-called one-time millionaires. They earn that kind of money just once because of profits they’ve made from selling a business, a home, or long-term investment.

So let me put a finer point on this: Not every small business or homeowner will pay the extra tax. Some will, but they represent a tiny fraction of all taxpayers.

Will that distinction be enough to help you decide how to vote?

But wait, there’s much more to deliberate. I’ve heard from many readers who have asked excellent questions about who is and isn’t affected by Question 1, how the money will be spent, and why we need extra revenue when the state budget is enjoying a surplus.

Here are answers to frequently asked questions about the so-called millionaires tax proposal:

Q. Can a good accountant or financial planner help “one-time millionaires” minimize the impact of the surcharge?

A. Yes, it’s possible. But there is only so much you can do, according to financial experts. When selling a business, home, or property, you can spread the profits over more than one tax year in what is known as an installment sale.

But you’ll need approval from the state Department of Revenue, and the strategy comes with risks. For example, if you do an installment sale of a small business and the business goes bankrupt soon after, there might not be any profits left to receive in future years. Most people selling their businesses opt for a lump-sum payout from the buyer.

Charitable deductions to offset income is also another strategy, such as setting up a Donor Advised Fund the year you expect a significant windfall.

“Even the most creative accountants still have to follow the tax law,” said Shannon Ouellette, a financial planner with Northwestern Mutual Financial Network, which has several branches in the Boston market. “There are some flexibilities, but it’s not like, ‘Here’s the magic wand and everyone’s problems are solved.’ "

Q. Will more wealthy people move out of Massachusetts to states like Florida and New Hampshire that do not tax regular income?

“I hate advising people to do it,” said Jeffrey Levine, a partner at Newton accounting firm Alkon & Levine. “I just feel badly that they feel forced to lose some of the Boston culture ... but more important, I feel terrible that the state loses their revenue.”

Many accountants would advise someone to pack and move to reduce tax liability. A September poll by the Massachusetts Society of CPAs of its members indicated that 47 percent would be more likely to recommend that clients move out of the state if Question 1 passes.

A study by Tufts University’s Center for State Policy Analysis estimates that the amount of revenue collected from Question 1 could be reduced by as much as 35 percent between tax avoidance strategies and millionaires moving.

That’s worrisome to Levine. “When people leave, that puts more pressure on those who are staying to pay what’s needed,” he said.

Q. Massachusetts has one of the most expensive housing markets in the country, and it’s not uncommon to have a substantial gain when selling a home. Should I be worried?

A. If Question 1 passes, the first $1 million continues to be taxed at the five percent income tax rate that everyone pays. It’s the next $1 million or more, that is taxed at nine percent.

Let’s say you bought your primary residence in 1992 for $550,000. You and your spouse sell the house today for $3.5 million. As a couple, you get a $500,000 tax exemption, and after paying brokerage and other fees, your net profit on the sale is $2.6 million.

This same household also draws another $100,000 in income, perhaps through a salary or investments. That brings its total income to $2.7 million. The state tax bill today would be $135,000 compared with $203,000, if Question 1 passes.

In 2021, only two percent of Massachusetts home sales resulted in a gain of more than $1 million, according to analysis by the Massachusetts Budget Policy & Center.

Still, some voters might get spooked because real estate — whether it’s your primary residence, vacation home, or rental property — can be a significant source of wealth that would now be subject to a new tax.

Q. Why can’t there be a carve-out for one-time millionaires?

A. Senator Jason Lewis, who co-sponsored the legislation that put Question 1 on the ballot, said it’s unclear whether lawmakers can tweak the measure like they have with other ballot initiatives. That’s because it would mean amending the state constitution.

“It would probably go to the courts,” said the Winchester Democrat.

But if you’re asking this question, Lewis thinks you’re missing the point. He believes the public sector is woefully underfunded, especially in education and transportation, and the new tax would allow the state to pay for programs and services citizens deserve such as a world-class transit system.

Even one-time millionaires, he added, can afford to pay a little more.

“It’s not asking them to pay higher taxes every year,” Lewis said.

Q. Isn’t this ballot measure a back door to the state implementing a graduated income tax?

A. Most states have what is known as a graduated or progressive income tax: The more you earn, the more you pay in taxes. Massachusetts has a flat tax rate, which means everyone pays the same rate.

“I wish we could have a graduated income tax in Mass. That would be better tax policy,” said Lewis. “This is not a back door. This is not a cracked door. The door is still dead-bolted shut on a graduated tax.”

That’s because changing the income tax structure would require an amendment to the state constitution, which would require a lengthy and complicated process. Question 1 represents such a change, and it has been nearly a decade in the making.

Q. The state budget has a record surplus, as well as billions of dollars in federal relief money it has yet to spend. Why does it need more money?

A. Surpluses come and go, and the federal pandemic money is a one-time allocation. Question 1 allows for an annual stream of money to boost spending in education and transportation, such as expanding early education and helping to pay for the rebuilding of the two Cape Cod bridges.

”To have high-quality schools and world-class infrastructure, we need to be able to invest every year, year in and year out, not just have one year’s windfall,” said Phineas Baxandall, senior policy analyst and advocacy director at the Massachusetts Budget & Policy Center, which supports Question 1.

My colleague Matt Stout reported last week that while the ballot measure designates the revenue to go towards education and transportation, there’s no guarantee that lawmakers will actually increase spending in those areas.

Lewis, however, told the Globe that he will advocate for the new tax money to “be additional dollars over and above funding that is already provided.”

Shirley Leung is a Business columnist.


The Wall Street Journal
Sunday, October 9, 2022
Opinion | Review & Outlook
Massachusetts Flirts With Tax Masochism
Democrats want a 9% top rate on income despite a revenue surge.
By The Editorial Board


New Englanders have long held a slight edge on their New York neighbors in fiscal sanity (if not always in baseball). Now progressives in Boston want to join New York and other nearby states in a high-tax arms race. Massachusetts voters have the choice to block a tax hike and preserve a revenue model that works.

Bay State ballots in November will give voters the choice to place a 4% surtax on incomes above $1 million, bringing the top rate to 9% from 5%. The proposal would amend the state constitution to remove its flat-tax mandate. Passing the measure would rocket Massachusetts to seventh from 31st on the list of states with the highest marginal income-tax rates.

Democrats in the Legislature voted in June 2021 to place the tax hike on this year’s ballot. Gov. Charlie Baker, a Republican, laid out a case against the measure. “We have hundreds of thousands of people who are looking for work,” he said, referring to the state’s then-6% unemployment rate. “I don’t think we should be raising taxes.”

Massachusetts now boasts a lower jobless rate at 3.6% than New York and Connecticut, and lower taxes have helped the state’s economy and fisc. A $2.3 billion revenue surplus shows that the state is already taxing more than it needs.

This year’s tax haul was so big it triggered a largely forgotten state law that caps revenue. Residents may soon receive checks that refund a portion of last year’s taxes. In other words, Democrats are vying to raise income taxes at the same time they’re rolling in an embarrassment of riches. State House Speaker Ronald Mariano has proposed ending the revenue cap whether or not voters back the new tax.

Approving the tax would speed up a wealth exodus already under way. The Pioneer Institute last year noted that Massachusetts’ tax base has been eroding, and there’s no surprise about where the escapees are going. The top two destinations are Florida and New Hampshire, both of which lack an income tax.

The plot to scrap Massachusetts’ flat tax comes as several states race in the opposite direction. Arizona, Georgia, Idaho, Iowa and Mississippi all recently adopted flat rates on income. Lawmakers in these states are taking advantage of revenue surpluses to lay a foundation for sustained growth. Massachusetts residents have ever more flight options to consider if the tax burden at home gets heavier.

One irony is that New England states, which are typically Democratic when it comes to federal elections, sometimes choose GOP governors to hold down state taxes. But Mr. Baker isn’t running for re-election and Democrats are likely to retake the governorship. The constitution’s flat rate mandate is a crucial limit on the demands of interest groups for ever-more spending. If tax rates rise and the revenue cap goes away, spending will soar to snatch the new revenue and soon the politicians will return to seek even higher rates, as they always do.

Opponents of the proposed tax hike can take inspiration from Illinois, where voters in 2020 preserved their state’s 5% flat tax. To adapt a saying from a different state: If fiscal sanity can make it there, it can make it anywhere.


The Boston Herald
Sunday, October 9, 2022
Maura Healey supports Charlie Baker’s tax cuts, and also millionaire’s tax hike
By Matthew Medsger


Attorney General Maura Healey seems to be of two minds when it comes to taxes.

“Right now, as I travel the state, there is a real issue with affordability,” she said Sunday. “It gets to the quality of life and it gets to Massachusetts competitiveness and we’ve got to be working really hard in this state to drive down the cost of housing, of childcare. One way we’re going to get there is through tax reform and relief that’s comprehensive.”

Healey joined hosts Janet Wu and Ed Harding on WCVB’s political talk show “On The Record,” where the Democratic candidate for governor said that the state law requiring the return of about $3 billion should be followed as written and that tax cuts proposed by Gov. Charlie Baker in January should still be considered by the Legislature.

“We need tax relief. I have long encouraged the Legislature to act, both in terms of giving the nearly $3 billion in surplus back to taxpayers, as they are required to by law, and to pass tax reform,” she said. “Gov. Baker put forward a really sensible package on tax reform.”

In January, Baker proposed tax relief for renters, low income families, older residents, and changes to both the estate and capital gains taxes, Healey reminded the hosts.

“That needs to happen,” she said. “Again I hope that we see the Legislature move on that quickly.”

However, when it comes to taxing high-income residents, Healey says she will be voting in favor of the Fair Share Amendment, or ballot Question 1 in November.

That question will ask residents if the state’s constitution should include an amendment requiring income over $1 million to be taxed an additional 4% over the state’s flat income tax rate and the money be spent on transportation and education.

Proponents say it’s just the rich paying their fair share. Healey seems to agree and has campaigned alongside Question 1 advocates.

“I’d vote yes,” she said. “This is a really targeted measure that is going to affect less than 1% of the population here in Massachusetts.”

Opponents of the measure say it will make the state less competitive.

“If passed, Question 1 would be one of the state’s highest-ever tax increases at a time when our state already has the biggest budget surplus in its history,” said Dan Cence, spokesperson for the Coalition to Stop the Tax Hike Amendment.

“The deceptive wording of the question leads voters into believing that this is uniquely a tax on individuals earning a million or more dollars annually, but in reality, the Tax Hike Amendment would nearly double the income tax rate on tens of thousands of small business owners, homeowners, family farmers, retirees, and other Massachusetts residents,” he said.

The ballot question, along with Healey’s job application, will be decided by voters on Nov. 8.


State House News Service
Wednesday, October 13, 2022
Income Surtax Supporter, Opponent Square Off
Farnitano, McAnneny Debate Constitutional Amendment Impacts
By Colin A. Young


With less than a month left for voters to decide where they will come down on the Constitutional amendment that would add a 4 percent surtax on annual household income above $1 million, each side of the argument made its case before the Charles River Chamber on Wednesday.

The question has been years in the making and by Nov. 8 voters will have to decide whether to shift Massachusetts away from the flat income tax rate structure enshrined in the Massachusetts Constitution to allow for the surtax that is designed to raise money for transportation and education spending. If the amendment is approved, the first $1 million of household income would still be taxed at the current 5 percent tax rate and household income above that first $1 million would be taxed at an effective rate of 9 percent.

It would add an estimated $1.3 billion in annual revenue for the state, according to a report published this year by the Center for State Policy Analysis at Tufts University.

Andrew Farnitano, communications director for Fair Share Massachusetts, used his pro-surtax argument Wednesday to emphasize the small number of very wealthy taxpayers who would be imposed upon to pay more in taxes and how that revenue would benefit the state more broadly.

"Regardless of what group we're talking about -- business owners or home sellers or all taxpayers -- this tax is about asking those at the very top, the top one or two percent of those groups, to pay a little bit more, just an extra 4 percent on their second million, to make these really important investments that we need to make in transportation and public education, not just next year, but 10, 20, 30 years from now to have the sustainable revenue we need to make those investments," he said.

Arguing against the surtax proposal Wednesday was Eileen McAnneny, the president of the Massachusetts Taxpayers Foundation, who made the case that adding a new tax burden on wealthy residents is only going to harm the state's economic competitiveness and will drive high earners to lower tax states.

"I think it's unnecessary at this time," she said. "Massachusetts has so much surplus tax revenue, we'll be giving $3 billion of it back to taxpayers. I also think that this will make Massachusetts less competitive than it is. And again, our economy is based on innovation, entrepreneurship, a highly-talented workforce, and I'm just concerned given the options they have in this post-pandemic environment that they'll choose to live elsewhere."

To back up his argument that the surtax would only affect people who can afford to pay more, Farnitano pointed to Department of Revenue numbers that show the surtax would apply to 24,000 households or 0.7 percent of taxpayers. And while the threshold would initially be set at $1 million (it would be adjusted based on inflation), Farnitano said that 70 percent of surtax revenue would come from people who make more than $5 million a year.

The surtax would not apply to businesses, but it could come into play for sole proprietorships or pass-through entities that pay personal income tax rather than corporate taxes. Farnitano said less than 3 percent of Massachusetts business owners have taxable personal income over $1 million that would be subject to the surtax. And when it comes to home sales, Farnitano said that there were 895 home sales last year (less than 1 percent) that would have been subject to the surtax because the gain in value minus deductions exceeded $1 million.

"So only a tiny percentage of home sellers would see their taxable income rise above $1 million, which is what matters to Question 1," he said. "And let's be frank, people who are making over a million dollars in profit from the sale of a home can afford to pay a little bit more on that second or third or fourth million to improve our public schools and fix our roads and bridges, which have a much more important impact on property values than a small change in taxes."

A big part of McAnneny's pitch Wednesday was that it is not prudent to embed tax policy into the state's Constitution because making any changes to address unintended (or unpopular) consequences would require a complicated four-year process similar to the one that was required to get the question on this November's ballot.

"To me, that's very problematic, because ... at a minimum, it takes four years to change it, should change be necessary. And all I would say is, I would point to how different our economy looks today than it did before the pandemic, just three short years ago," McAnneny said. "And so this essentially does not allow the Legislature the authority to make any changes should they become necessary, and in the Mass Taxpayers [Foundation] view, they will become necessary."

McAnneny also zeroed in on what Charles River Chamber President Greg Reibman called "the one issue that's going to most confuse voters:" whether the money raised by the surtax is actually guaranteed to be spent on education and transportation. She said it guarantees that more money would flow into the state's coffers, but not necessarily that more is spent in those areas.

"Even if every dime from this surtax goes to education and transportation as the proponents intend, it doesn't mean that the Legislature has to continue spending what they currently appropriate on education and transportation," she said. "As you all know, money is fungible. So the money from this can be guaranteed for education and transportation, but it's not additive."

The text of the amendment calls for the revenue to go towards transportation and education, but the Legislature retains the ultimate decision-making power over state spending and in a nearly $53 billion annual budget theoretically could use money that the surtax brings in to supplant existing state funding for transportation and education.

Farnitano pointed out that if the Legislature "wanted to do that they could do that today, this question doesn't change the ability of the Legislature to spend existing revenues as they want." But he also said he thinks the debate around net new education and transportation spending is "a distraction."

"Every single legislator in the leadership of the both chambers, the likely next governor of the state, agree that we need more funding for education and transportation. They have a laundry list of projects because of the years of disinvestment that we've seen in the state. I don't think there's any question that their top priority in the next year's budget, if this amendment passes, we'll be increasing funding to our schools, increasing funding to the T and our roads and bridges," he said. "It's just not reasonable to expect that they're going to spend it on anything else or even try to."

The debate hosted by the Charles River Chamber was not the only surtax-centered event happening Wednesday. At roughly the same time, another surtax debate was going on at Salem State University between Max Page, president of the Massachusetts Teachers Association, and Dan Cence, spokesman for the Coalition to Stop the Tax Hike Amendment. That event was hosted by the Frederick E. Berry Institute of Politics.


The Boston Globe
Thursday, October 14, 2022
Millionaires tax debate pivots on who, exactly, would end up paying new levy
By Matt Stout


A November ballot proposal that would raise taxes on the state’s wealthiest has turned, to a degree, on a seemingly contradictory query: Would the very richest among us actually be the ones shouldering the new costs?

The question reared its head Friday during a debate over Question 1, a proposed constitutional amendment that would impose a 4 percent surtax on annual income over $1 million.

At the dispute’s center is the prospect of many so-called one-time millionaires — the small-business owner or retiree finally selling their company or home — suddenly eating a higher tax bill, all because of a measure being touted as a way to make our tax system fairer.

How many taxpayers would fall into that category can’t be known, and data vary wildly.

Dan Cence, a spokesman for the business-backed committee opposing the question, argued Friday that half of those paying the tax each year could fall into that category — “50.5 percent” he said, composed of people who “don’t consider themselves millionaires.”

“Is that who we’re going after with this? I thought we were going after the uber-wealthy?” Cence said during the debate, hosted by WBUR in partnership with WCVB Channel 5 and The Boston Globe. “This is people who’ve worked their entire life for one single event that would fund their nest egg, fund their retirement.”

The number, which is cited in a January report produced by Tufts University’s Center for State Policy Analysis, stems from a separate 2010 report produced by the Tax Foundation, a pro-business think tank, and covers from 1999 to 2007.

It’s also a period that touches two recessions, argued Andrew Farnitano, a spokesman for the labor-backed Fair Share committee pushing the ballot question.

“That number is out of date. It’s not based in reality,” he said during Friday’s debate.

More “recent research,” he argued, shows 15 percent of taxpayers qualify as one-time millionaires. Those figures come from a 2016 report whose authors include Cristobal Young, a Cornell University professor.

Still, those numbers cover a similar, albeit longer, period of time: 1999 to 2011.

Farnitano also made another argument: For those people who breach $1 million on a one-time basis but do so only slightly (say, reporting $1.1 million) their tax bill will go up by several thousand dollars but comparatively, “they’re only paying a tiny bit more.”

The vast majority of the revenue raised, he said, will come from those reporting more than $2 million in income. “Those are the super rich who will pay the most,” he said.

The back-and-forth encapsulated a running dialogue, and a specific question posed by host Tiziana Dearing, of what exactly constitutes as fair.

The question, if approved by voters on Nov. 8, would amend the state Constitution to create a 9 percent income tax rate on annual earnings above $1 million, while retaining the broad 5 percent rate for earnings below that amount.

The measure mandates all new revenue from this tax — estimated by state officials and proponents to be anywhere from $1.2 billion to $2 billion annually — would be earmarked for education or transportation, albeit subject to appropriation, or legislative decision-making.

That means the Legislature will ultimately decide where the money flows, be it to road projects, the MBTA, or local school funding within the amendment’s broad confines. The wording, critics argue, also leaves no guarantee spending on education or transportation would actually increase because lawmakers could simply shift other, existing revenue elsewhere.

“This amendment is fatally flawed,” Cence said at another point Friday. “It captures too many people in the middle class. It’s going to keep doing so for generations because it’s a constitutional amendment.”

Farnitano, citing the Tufts analysis, rejected that: In 2019, just 0.6 percent of households in Massachusetts reported incomes of more than $1 million, according to the report.

“Less than seven in every thousand people in our state,” he said, “who have been the most successful, made the most money, benefited the most from our economy, should pay a little bit more.”


Other Ballot Questions

CommonWealth Magazine
Wednesday, September 28, 2022
Some ballot questions could draw blank stares
By Michael Jonas, CommonWealth executive editor


Along with electing candidates to statewide and local offices, voters will be asked to decide four ballot questions in November. Two of them – whether to raise income tax rates on high earners and whether to repeal a law allowing undocumented immigrants to obtain driver’s licenses – are fairly clear-cut, even if the arguments of those on competing sides on the questions are not. The other two questions, however, are anything but straightforward.

Question 2 would remake state regulation of dental insurers, requiring that they devote at least 83 percent of premium dollars they collect to payments for dental services. Question 3 would rejigger state law regulating retail alcohol licenses, doubling the number of licenses – all-alcohol as well as beer and wine – a retailer could hold from 9 to 18, but also capping the number of all-alcohol licenses a retailer could hold at 7 – unless they already hold more than 7.

These two questions follow in a long, if not necessarily glorious, tradition of arcane issues being put to voters to decide.

Four years ago, voters were asked whether the state should set minimum nurse-to-patient staffing ratios for various health care settings. The ballot campaign saw millions of dollars spent by the two sides, which relied largely on 30-second ads to persuade voters on a very complicated health care question that involved detailed issues of hospital staffing practices, health care costs, and patient safety.

While some ballot questions are easy to understand and form an opinion on, many are not, said Rachael Cobb, a political science professor at Suffolk University. “It’s a lot to put on people to have to do the research, because these are not straightforward,” she said. “There’s a good reason that we have a representative democracy where we give power to representatives to gain knowledge on topics. There’s a high information cost for citizens to make complicated decisions that are going to have wide ranging ramifications on insurance structures or commerce in the state,” she said of the November questions on dental care and alcohol licensing.

Cobb said the voter information guide produced by the secretary of state’s office and the summary that appears on the ballot may try to help voters, but they often don’t make things any clearer. The summaries from the competing sides on Question 2 that voters will see on their ballot are a case in point.

“Insurance companies will try to confuse voters by saying that dental insurance premiums will increase. This is false, because Section 2(d) of the law specifically disallows increases above the consumer price index without state approval,” reads the summary from the “yes” side, which is backed by dentists.

“This question will increase costs for Massachusetts families and employers — a 38%-premium-increase in one recent independent study — and could result in thousands of people losing access to dental care,” reads the summary from the “no” side, backed by insurers.

Question 3:  On the alcohol license measure, Jon Hurst, president of the Retailers Association of Massachusetts, said his organization’s board voted in May to oppose the question but the group is not taking any active role in the campaign because it has members on both sides of the issue.

“I don’t think people really understand it,” Hurst said of the public’s knowledge of the issue. “Is this going to help me? The voter isn’t going to understand which is better for them.”

Hurst said the impact either way may be small, since lots of licensing decisions are controlled at the municipal level.

While the measure would double the total number of licenses a retailer could hold, it was put forward by the package liquor store industry as a compromise against a competing measure they feared would be pushed by convenience stores and other retailers to lift the cap entirely on how many beer and wine licenses a company could hold. Hurst said his group opposed the ballot question because they generally favor “more consumer choice, less government regulation.”

He said at one point it was expected that there would be an attempt to broker a compromise between the two sides in the Legislature. ”Everyone would get around the table with the Tackey Chans of the world,” he said, referring to the House co-chair of the Joint Committee on Consumer Protection and Professional Licensure.

But Cumberland Farms, which has for years pushed for no limits on the number of beer and wine licenses a company can hold, did not pursue a competing ballot question, leaving the measure backed by package store owners to go forward alone to the ballot. Along with its changes to license caps, Question 3 would change the way fines are levied for violating alcohol laws from a percentage of alcohol sales to a percentage of all store sales. That change would hit hardest at package stores’ competitors – supermarkets or places like Costco or BJ’s, which sell everything from beer to computers.

Hurst calls the add-on “mean-spirited and unnecessary,” but said it looked like the sort of thing that was intended to serve as “trade bait,” something inserted in a proposal that could be negotiated away as part of a compromise deal struck in the Legislature. But that never happened, so it’s now just one more element of the question voters will have to decide on.

The legislative process may be better suited to deal with complex issues, but the ballot question process serves as a safety value, allowing things to come to a vote when lawmakers refuse to touch a controversial topic.

“When it comes to democracy, is it possible to have too much of a good thing?” asked former state representative John McDonough in a deep-dive look two decades ago in CommonWealth at the state’s referendum process.

It’s a nuanced and thoughtful examination of the issue, and holds up pretty well today. McDonough’s conclusion: “Voter initiatives may not be the best way to craft public policy, but they’re not the worst, either. In Massachusetts, the initiative process has, on balance, done more good than harm. It’s given citizens a voice on important controversies, and it’s compelled action when the Legislature preferred not to take any, especially on matters affecting legislators’ own behavior.”


Question 4


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