by admin | Apr 29, 2019 | News and Updates, Tax
The
Arizona Republican Party has decided to become the party of tax hikes. Yesterday,
party Chairwoman Kelli Ward announced that the GOP is officially backing an amendment to the
Arizona Constitution to impose a permanent $500 Million dollar sales tax
increase for education. This is both bad policy and bad politics that will
inflict irreparable harm on our state economy and sales tax code.
Arizona Doesn’t Need to Raise
Taxes
As
the Club has chronicled for months, there has been a steady drumbeat at the
legislature by political insiders to raise taxes for education. This is despite
the fact that Arizona is enjoying incredible economic growth and record state
revenues.
Since
the economic boom began two years ago, state revenues have increased by $1.7 Billion. By comparison, from FY 2009 to FY 2017 state
revenue grew by only $1.2 Billion. This rapid revenue growth wasn’t an
accident—it is a result of pro-growth reforms by a new administration in
Washington, Governor Doug Ducey and a conservative state legislature.
Thanks
to the surge in tax receipts, Arizona is in the process of implementing the
largest increase in K-12 spending in state history. Over a billion dollars has
been injected into schools for teacher pay increases, district additional assistance
restoration and new school construction.
Even
with this large increase in education spending, Arizona will have nearly a $1 billion dollar surplus for FY 2020. It proves that the problem
was a lack of taxpayers, not tax increases.
Amending Our Constitution to
Raise Taxes?
Even
if the State GOP believes that a tax hike is needed, the idea that it should be
referred to the voters as a constitutional amendment is simply reckless.
If
changes to our tax code are deemed necessary, the most sensible approach would
be to approve a tax hike through the normal legislative process. Like our
Federal Government, Arizona is a republic, which means taxing authority has
been vested with the legislature. It is their responsibility to determine the
appropriate levels of spending and taxation. Punting the issue to voters is
nothing more than a way for politicians to avoid accountability for their
actions.
But
even if it was determined that the issue must go to the ballot, then it should
be a statutory proposal similar to Proposition 301 that was approved nearly twenty years ago.
Instead, they want to declare that the state government has a constitutional
right to $500 million dollars in sales tax revenue.
Also
unclear is whether the language has been vetted to ensure that it won’t lead to
unintended consequences. Since this is a constitutional amendment, each word or
syllable could face significant judicial scrutiny.
One
such example is the provision to dedicate “twenty percent for maintaining an
in-state tuition rate” at our state universities. The drafters of SCR 1001
probably thought this was a politically clever maneuver since voters like the
idea of keeping in state tuition low (knowing full well that it is a
meaningless mandate).
What
is not considered is that “in-state” is not defined in the measure, meaning the
courts could decide how this applies to various populations, such as illegal
immigrants. The Free Enterprise Club does not have a position on the DACA
issue, but it is unclear whether the Arizona GOP considered such issues when
endorsing this proposal. Perhaps they trust that judges won’t expand the
meaning of new language being written into our constitution.
What about the Polling?
A
common response from the tax hike lobby is that voters overwhelmingly support
higher taxes for education. Periodically an education group will trot out a poll showing support for a tax increase, which
is then gleefully used by the political establishment to spook lawmakers into
believing that they need to get on the “right side” of the issue.
It
is true that most public opinion polls have voters saying they would be willing
to pay more in taxes for education. But what about the only poll that matters,
the one that occurs on election day when people actually vote? Are tax
increases passing at the rate that the polling indicates? Let’s take a look:
- At the
height of the Red4ED movement in AZ last year, there were several education
spending proposals for voters to consider. Most were in the form of bond
proposals for school districts. Virtually every bond question had organized
support and little opposition on the ballot. Plus, these measures can be sold
to voters as a way to get more money for schools “without raising taxes.” Yet nearly half of the education bonds on the ballot were
rejected by voters. If support for education funding was as high as the
so-called experts claim, they should have been approved at a 9-1 clip.
- In
2018 Colorado voters had their own version of ‘Invest in Ed’ income tax
proposal on the ballot in Initiative 73, a “soak the rich” measure that would have
raised taxes on the wealthy to put $1.6 billion into education. Supporters of
amendment 73 claimed that polling showed voters supported the proposal, and it
was heavily backed by the teacher’s union and education community. The measure
was overwhelmingly rejected by voters.
- Oregon
voters in 2016 had an opportunity to raise taxes on Corporations to pay for
early childhood development and K-12 education. Measure 97 was another “free lunch” education
spending plan rejected by voters by a wide margin 59-41.
- In
2016 Arizona voters had an opportunity to support more spending for education
with no tax increase under Proposition 123. The measure was backed by Governor
Ducey, most of the education community, the entire legislature, and faced no
real opposition while raising over $4 million dollars. The measure barely passed 51-49.
As
the evidence shows, when November rolls around and voters actually have to make
a decision, support for tax increases is much lower than what the polling
indicates.
Muddled Message Heading into
2020
Now
that the AZ GOP has joined the tax hike chorus, it is difficult to know what
the party will stand for heading into 2020. Two days ago the AZ GOP posted a tweet declaring that “Tax Cuts Work” and that Republicans
believe taxpayers should be able to keep more of their money. How they plan to reconcile their support for
the Trump tax cuts while pushing for tax hikes on the Arizona ballot should
make for some entertaining political gymnastics.
It
will also be interesting to see how various GOP leaders respond to the new
party platform. Governor Doug Ducey has been a consistent and vocal opponent to raising taxes, as well as a vast
majority of the Republican legislature who know and understand how tax
increases can derail our economic recovery. It is in their best interest to
hold firm against this disastrous proposal so voters know that there are at
least some elected officials that care about protecting their wallet.
The
only reason the Republican Party exists is to help get people elected. By
declaring they support SCR 1001, they are sending the message that the only way
Republicans can win in 2020 is if they support a massive tax hike at the
ballot. We wish them luck on their bold new strategy to try to tax Arizona into
prosperity.
by admin | Mar 12, 2019 | News and Updates, Tax
An interesting paradox has developed at the legislature this year. Even though state policymakers are sitting on record tax revenues and a robust Arizona economy, they seem more obsessed with tax increases than ever before.
So far this session there are efforts by Republicans to increase the sales tax by $600 million, raise the gas tax by $750 million, increase income taxes by $200 million, impose taxes on most internet transactions at a cost of over $250 million, retain the $190 Million VLT registration fee and allow political subdivisions to increase sales taxes at the local level. All together it would amount to over $2 billion in tax hikes, a mind-blowing amount that would dwarf any previous tax increase enacted in the State.
The arguments in favor of each of these tax hikes vary, but most surround the topic of additional funding for K-12 schools. This sentiment was understandable. As Arizona stumbled through eight years of job killing policies under the Obama Administration, there was mounting pressure to find new funding sources for education to address the state’s anemic revenue growth.
Fortunately, this is no longer the case. Between the change in administrations in Washington and a consistent focus on pro-growth policies here at home, our economy has taken off. Arizona now has the 3rd fastest growing economy in the country. People are once again flocking to the state, and the Arizona Office of Economic Opportunity projects that 165,000 new jobs will be created by 2020.
This has created a gusher in new tax revenue, most of which is going to K-12. Lawmakers are in the process of funding Governor Ducey’s ‘20by20’ teacher pay plan and restoring District Additional Assistance, which combined will add over $1 Billion in new dollars for public schools by next year.
When fully implemented this will be the largest increase in K-12 funding in state history, and will push per pupil funding so high that lawmakers will be forced to override the education spending limit in the Arizona constitution. This is only the 2nd time in 40 years that such an override vote will be required, a fact that should please everyone that has worried that not enough emphasis has been placed on education funding at the legislature.
And here is the best news yet—even after this large infusion of cash into the classroom, Arizona will still have a projected $1 Billion dollar surplus for FY 2020. It proves that the problem was the need for more taxpayers, not tax hikes.
Yet our political class appears ready to go all-in on job crushing tax increases that will derail Arizona’s economic recovery. While this may excite states like Texas looking to poach our entrepreneurs and job creators, it is bad news for everyone else that wants to keep prosperity here in the state.
Lawmakers instead should be looking to embrace our success, maintain the course and continue to pursue pro-growth ideas that work. Now is not the time to surrender to policies or politics that will move Arizona in the wrong direction.
by admin | Jan 23, 2019 | News and Updates, Tax
For over a year, the Club has been urging policymakers to address the looming tax conformity crisis. After the passage of the Tax Cuts and Jobs Act in Congress in 2017, it was realized that Arizona taxpayers could pay as much as $300 million more in FY2020 as a result of how Arizona conforms with the Federal tax code. It was never intended that federal tax reform would result in higher state income taxes, and is why a conform and reform plan must be adopted to stop the tax increase.
Yet with tax season now upon us, the legislature and Governor Ducey have still not agreed on a plan. Instead, there have been overtures on identifying ways to justify keeping the windfall, including spending on new programs or sticking the money into the ‘rainy day’ fund. Make no mistake, any plan that does not include returning the money to taxpayers is a tax increase and should be rejected.
With time running out, crafting a conform and reform plan should be at the top of the legislative to-do list. Senator J.D. Mesnard (LD 17) has consistently shown leadership on the issue, and has introduced legislation that would conform Arizona with the federal tax code while forestalling the tax increase.
Under Mesnard’s SB 1143, each income tax bracket would be reduced by 0.11 percent for the 2018 tax year, a rate cut that would hold taxpayers harmless in the short term while not disrupting the filing process currently underway. This would also give lawmakers some additional time to consider a more robust conform and reform plan, similar to what has been adopted in states such as Idaho, Georgia or Utah. The Club believes that conformity provides a great opportunity to improve and simplify Arizona’s tax code, but if an agreement cannot be reached on a reform package, returning the money to taxpayers is still better than any plan to keep it.
Following the implementation of a new higher-than-expected VLT fee, trust is thin with Arizona taxpayers. The Legislature needs to rally around a conform and reform solution and not try to sneak another tax increase through the back door.
by admin | Dec 7, 2018 | News and Updates, Tax
Lawmakers can’t say they weren’t warned. Last year, when the Arizona legislature proposed giving their taxing authority away to the Director of the Arizona Department of Transportation (ADOT), we fought hard to stop what the Club considered one of the worst pieces of legislation in recent history.
Now those chickens have come home to roost.
At the beginning of the month, ADOT decreed they will be imposing a $32 license tax on every privately owned registered vehicle in the state of Arizona. The new fee is 50 percent higher than what was estimated when the tax increase was being debated last spring. The fee is supposedly set at the value necessary to fund Highway Patrol, which was previously paid for through the gas tax, VLT revenues and the state general fund.
Why is the fee much higher than originally thought? After the ADOT Director was granted unilateral authority to set the fee, the budget to fund Highway Patrol came in $37 Million higher than originally estimated. They also discovered that they were poor at counting cars and that the pool of taxable vehicles was smaller than originally thought. The result: an $185 Million-dollar tax increase.
Now many lawmakers who voted for the bill are outraged by the Director’s audacity to levy a tax that is higher than they believe it should be. What did they expect? This is what happens when you farm out core governmental functions to bureaucrats. They empowered the Director to enact the tax and now lawmakers are upset that he is doing exactly what they told him to do.
This likely won’t be the only sting taxpayers feel from the new car tax if it is not repealed. Nothing in the law precludes the ADOT director from raising this fee every year. There are no controls in place to stop bloated budgeting or gaming the numbers to generate revenue for other purposes. Nothing to stop this fee from being assessed arbitrarily, making it higher for certain types of vehicles i.e. imposing a “climate change” tax for gas guzzlers. And no protections exist for low-income individuals who are less able to afford the fee.
Policymakers thought that by handing off fee authority to the ADOT director that they could quietly raise taxes without having to take responsibility for the new fee. They were wrong.
Voters know a tax when they see one, and they won’t be very sympathetic to bureaucrat-blaming or assertions that this is a user fee. They will be further incensed by the sneaky maneuvers used to skirt the constitutional requirement of a 2/3 majority vote to enact a new tax.
Hopefully the same lawmakers that are having buyer’s remorse will do the right thing and repeal this absurd tax from the books.
by admin | Nov 9, 2018 | News and Updates, Tax
Arizonans have won BIG since Congress passed the Tax Cuts and Jobs Act (TCJA) in December 2017.
At the end of April of this year, over $215 Million dollars has been returned to taxpayer and rate payer pockets. Raises, utility rate cuts, bonuses and expanded benefits have enriched families and small businesses, as well as supercharged the national economy.
The federal legislation didn’t just cut tax rates, but also made reforms to the tax code that greatly simplified and streamlined our tax system, saving average taxpayers time, money and heartburn. For example, the bill doubled the standard deduction, which will save most Americans the hassle of having to itemize their deductions.
Despite the tremendous benefits to residents in our state, the TCJA poses both a challenge and an opportunity for Arizona.
The Challenge
Arizona’s tax code is reliant on the federal tax system as our income tax forms begin with the Federally Adjusted Gross Income (FAGI) figure. Each year when the federal government makes tweaks to the federal tax code, the Arizona legislature runs a “tax conformity” bill to align our codes.
The TCJA was passed in December of 2017 and most of the changes went into effect in January 2018 – some even applied retroactively. These were not small technical changes; but constituted the largest tax overhaul of the last 30 years. Therefore, the usual tax conformity bill at the Arizona legislature was insufficient to retain coupling with the federal tax code.
Moreover, because the tax cuts put more money directly back into taxpayers’ hands, the average Arizonan’s FAGI also increased. What does that mean? If the Arizona legislature does nothing, the State of Arizona will see a significant revenue windfall, borne by Arizonans by way of an unintended tax increase.
In fact, the Joint Legislative Budget Committee and the Department of Revenue, which does the fiscal forecasting for the state’s budget, estimates a $173M increase and a $236M tax increase respectively, in FY 2019 alone. The number is expected to grow to over $300 million by FY 2020.
The State cannot afford to do nothing.
Aside from the unintended tax increase, if the Legislature and Governor fail to pass tax conformity and reform before the 2019 tax year begins, there will be complete tax chaos in the state.
According to DOR, the impacts of not conforming would include:
- For 2017, taxpayers would have to amend their returns to back out from federal retroactive changes, including depreciation deductions and taxpayers affected by natural disasters in 2016 and 2017
- Taxpayers filing for 2018 would not be able to rely on the amount determined in their federal return for the starting point in their state return. This would add the following complexities:
- DOR would need to create a new form that lists all the adjustments necessary to determine a taxpayer’s 2018 FAGI
- Taxpayers would need to complete schedules that include hundreds of adjustments simply to determine Arizona’s starting point
- Major Changes would need to be made to DOR’s tax system
- The complexities would grow each year with non-conformity
- Because the additions and subtractions would be non-specific, explaining the process to taxpayers will be extremely difficult
Without a doubt, no one except the CPAs will profit from such a scenario as this.
The Opportunity
Historic federal tax reform has opened a window for Arizona to rethink our tax structure and make changes, that like the federal changes, modernizes and surges our economy.
The state has an opportunity to not just avoid a tax increase, but to use it to address inequities in the tax code, ensure 90 percent of taxpayers do not have to itemize their deductions, and even consolidate tax brackets.
With a major election behind us, it is time for our lawmakers to get down to the actual work of the jobs for which they have been hired. That means calling a special legislative session prior to January and passing a conform and reform bill. If they wait and allow the chaos to ensue, they can be sure that voters won’t forget and won’t rehire them in the future.
by admin | Oct 17, 2018 | News and Updates, Tax
Proposition 126 is arguably the most difficult proposition to contend with on the November ballot for conservatives.
On the one hand, the initiative shuts the door on a potential tax grab in the future – taxes on services. It creates predictability for businesses in the service industry. And it is finally an example of a citizen’s ballot initiative that curbs taxes rather than doggedly seeks to increase them permanently.
Yet, Governor Ducey, the Maricopa Republican Party and taxpayer watchdog organizations such as Americans for Prosperity and The Arizona Free Enterprise Club are urging their bases to vote ‘No’ on Prop 126.
Why? Not because they want to see services taxed in the future…
Limitations on Taxation Should be Broad-Based and Inclusive
One of the core arguments in favor of Prop 126 is taxpayers should support any measure that prevents future tax increases. Though this is a laudable goal, the problem with this strategy is that when those limitations are narrowly targeted to benefit a particular group, it leaves everyone else exposed to future tax hikes.
That is the fundamental flaw with this service tax initiative. If stopping future service taxes is a good idea, why not apply the prohibition to the entire tax base? Fortunately, we already have a broad-based solution on the books—Proposition 108. Approved by voters in 1992, this constitutional amendment requires any tax increase by the legislature have a 2/3 vote, including taxes on services. If there is a concern of future tax hikes, then a better approach would be to clarify and expand this taxpayer protection rather than creating a new one.
Prop 126 Impedes Comprehensive Tax Reform and Actually Threatens More Tax Increases
Our organization is unapologetically in favor of eliminating the state’s income tax in the future. A mountain of research exists demonstrating states without an income tax and with a lower income tax burden consistently economically outperform states with an income tax or a high-income tax burden.
If Prop 126 passes, it increases the likelihood that we will have to become MORE DEPENDENT on income and property taxes in the future. The reason for this is because our current sales tax base built on taxing goods is shrinking. When our current tax code was shaped over 80 years ago, services made up only a small fraction of our economy. Now it is approximately half and is expected to become a larger share throughout the next century. If the current sales tax base continues to erode, the only option will be higher taxes on our income and property.
How We Cut Taxes Matters
Just as important as ensuring Arizona has as low a tax burden as is possible, is the method by which we craft tax policy. Prop 126 is a Constitutional Amendment that if passed by the voters, could not be changed, tweaked or amended without sending it back to the ballot box.
Simply put, rifle-shotting tax policy into Arizona’s constitution is not how a representative government should function. A more prudent method of governance is the legislative process. The initiative process gives voters a binary choice: vote for this specific policy or reject it. The legislative process in contrast, allows for changes, compromises and inherent checks.
Also, although the citizens’ initiative process was contemplated as a separate and coequal branch of the government and a check on the legislative branch – what it is today is far from that. Rather than initiatives being reflective of the “will of the people” they are banked rolled and run by the machines of special interest groups – Prop 126 is no different.
The Economy Changes, and so Should the Tax Code
The evolution of technology and therefore our economy necessitates changes to our tax code. The revolution in transportation technology on the horizon will dramatically change our economy.
It is conceivable that as ride sharing becomes so affordable and autonomous cars so efficient, that transportation becomes another great commodity by which people subscribe to a monthly service and opt out of purchasing their own car.
Self-driving cars and affordable ride-sharing services has already created a huge disruption in the automotive industry. Most cities in Arizona rely heavily on sales tax and of those revenues a huge portion consists of the taxes generated from car sales.
Car ownership is already in decline, especially among younger generations who are opting out of even getting a driver’s license. Predicting what this phenomenon will look like in 10 years, let alone 50 years is impossible.
Arizonans Could Seriously Regret Passing Prop 126 in the Future.
Despite its ostensible appeal, the actual benefits to Arizona taxpayers’ if they pass Prop 126 are superficial. Yet the manifold downsides are deep, long-lasting and may even create the opposite effect of what many voters wish to accomplish with its passage. For these reasons we encourage voters to take a second look at Prop 126 and Vote No.
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