The ITEP & CTJ Newsletter Winter 2013-2014 The Fight for Progressive Tax Reform Continues Given how anti-government, anti-tax members of same practices were being used by American Express, out 2013 (and shut it down completely in October), tune 500 corporations. Congress gummed up the legislative process through- you might be surprised at how much progress Citizens for Tax Justice made this year educating lawmakers, the media, and the public about the need for real tax reform. The chairmen of the tax committees in Congress, House Ways and Means chairman Dave Camp and Senate Finance chairman Max Baucus, pushed their version of tax reform but, as of this writing, have failed to get enough agreement to produce a piece of legislation. This is just as well, because what they are pursuing does not meet any sensible definition of “reform.” Rep. Camp calls for a tax overhaul that does not raise any new revenue, while Senator Baucus has been non- committal and vague on this point. Camp also wants to exempt offshore profits from taxes, creating more opportunities for corporations to take advantage of offshore tax havens. Baucus’s proposals to address tax ha- vens have been a little better, but he nonetheless insists that he wants to make a deal with Camp. Throughout the year, CTJ provided a relentless drumbeat of data revealing how corporations were avoiding taxes and how tax reform could address this. In May, when a Senate hearing exposed Apple’s prac- tice of shifting profits to shell companies in Ireland — a practice defended by anti-tax Senators like Rand Paul — CTJ published a report demonstrating that the Dell, Eli Lilly, Microsoft, Nike, Oracle and other ForIn July, when Camp and Baucus began their public “road show” to promote tax reform, a CTJ op-ed in USA Today objected that they “have not addressed a crucial problem — our desperate need for increased revenue to fund public investments.” In September, when Camp and Baucus visited a FedEx facility to promote the type of tax reform that would help that company, the media turned its attention to CTJ’s report revealing how FedEx had paid an effec- tive tax rate of just 4.2 percent over the past five years. Continued on Page 2 Defense & Offense in the States State tax fairness took a beating in 2013, as the result of an organized effort by national anti-tax lobbying groups to eviscerate state revenues. In state houses around the nation, from Arizona to Wisconsin, anti- tax lawmakers proposed misguided schemes, often inspired by supply-side theology, designed to sharply reduce the role of progressive income and corporate taxes. The “fiscally responsible” versions of these plans usually proposed to replace at least some of the revenue loss with increased sales taxes. The less responsible ones simply sought to starve governments of the revenues they need to provide basic public services. Citizens for Tax Justice • Institute on Taxation & Economic Policy www.ctj.org • www.itep.org • 202.299.1066 Continued on Page 3 When major corporations found themselves in the public spotlight in 2013 — as Facebook and Twitter did when they went public — CTJ issued reports explaining how they used deductions for stock options and other breaks to wipe out their tax liability. Meanwhile, CTJ produced reports describing how a genuine tax reform would address these problems, and lobbied members of Congress and the Obama administration to ensure that they were aware of our conclu- sions. One of these reports made the case for setting three important goals for tax reform: raising revenue, increasing fairness, and preventing corporations from shifting profits offshore. The report explains that the amount of revenue projected to be collected under our current tax laws in a decade (equal to 18.5 percent of the U.S. economy) is lower than the level of federal government spending reached in all but three of the past thirty years. In other words, it’s clearly impossible to keep running our government on so little money, as Camp proposes to do. Our proposed tax plan would do away with the lower tax rate for capital gain and dividend income (the break allowing billionaires to pay a smaller share of their income in taxes than many working people). Our proposed tax plan would also do away with the de- preciation breaks that allow companies like General Electric to pay nothing in taxes, and would end the rule allowing corporations like Apple to “defer” (indefinitely delay) paying U.S. taxes on profits that they 2 claim to earn “offshore,” and which has given rise to abuses involving offshore tax havens. These changes and several others included in CTJ’s plan would result in a tax system that raises $2 trillion more than our current system over the next decade. It would also raise taxes for the richest one percent of Americans while allowing the poorest three-fifths of Americans to essentially break even. Even as Congress seems ready to bring the year to a close without addressing most of the problems with our tax system, we have laid substantial groundwork by providing data on every aspect of the tax code that needs to be reformed and ensuring that these data are seen by Congressional staff, administration officials, reporters and editorial boards. Each news story about corporations avoiding taxes using an arcane tax loop- hole uncovered by CTJ brings more letters and calls to the offices of members of Congress who know that they cannot run much longer from their responsibility to enact real tax reform. - Steve Wamhoff Playing Defense & Offense in the States (Continued from Page 1) The good news is that when the dust cleared this fall, the outcome wasn’t nearly as bad, nationwide, as many feared twelve months ago. For every state like Kansas, in which irresponsible tax cuts were pushed through by a government under single-party control, there was a state like Louisiana, where a spectacularly unfair and budget-busting tax plan was rejected by a skeptical electorate after a healthy debate. And this had a lot to do with the tireless work done by ITEP’s state policy staff throughout the year. Whenever a regressive tax shift was proposed, we moved immediately, working with state-based groups to analyze the impact on tax fairness and on tax revenues. The data generated by our microsimulation tax model gave state lawmakers, advocates and members of the media the tools they needed to accurately understand the threats these “tax deform” plans represented. It’s sobering to think that in the absence of our work, there simply would have been no credible information available in many of these states to help policymakers understand the impact of these often-complex tax plans. Incredibly, most state legislatures don’t have any mechanism for informing lawmakers about the fairness and revenue impact of the complicated tax plans lawmakers must routinely evaluate. ITEP’s work fills this void. In 2013, our hard-working state crew analyzed tax proposals in an astonishing 44 states and the District of Columbia. Of course, even as we continue to work with state groups to disseminate our work in the short run, we are encouraging state governments to develop their own fiscal analysis capacity so that in the future, all stakeholders will have a trusted local source of information on tax fairness issues. When our state team wasn’t busy playing defense in 2013, we engaged in an equally vital, proactive role: working with networks of progressive policymakers around the nation to nurture and develop forwardthinking and fair tax strategies that will actually strengthen, rather than weaken, our capacity to meet fiscal policy challenges going forward. Whether this meant providing behind-the-scenes technical support to coalitions of non-profit advocates or supporting the efforts of legislative tax reform commissions, this proactive work has been, and will continue to be, a top priority for us. These long-term efforts may bear fruit in a number of states in which progressive lawmakers have a voice in governance. Sadly, the opening salvos of the anti-government lobby’s 2014 agenda have already been fired. Progressives in dozens of states are bracing themselves against a continued assault on the fair, sustainable tax system most of us want to preserve. As dozens of legislatures come back into session in January and February of next year, we’ll be ready to burn the midnight oil to ensure that lawmakers have access to the information they need to accurately evaluate the best—and the worst—tax plans. The fact that 2014 is an election year in most states means that silly tax reform ideas will be coming out of the woodwork. As we have in the past, we’ll work hard to make sure that when candidates propose tax plans with numbers that just don’t add up, the media and the voting public will know all about it. - Matt Gardner Stay in Touch with CTJ & ITEP Sign up to receive CTJ’s Tax Justice Digest, our weekly email summary of state and federal tax fairness news, by visiting www.ctj.org/digest_signup.php Or, like us on Facebook or Follow us on Twitter: CTJ: www.facebook.com/taxjustice @taxjustice ITEP: www.facebook.com/instituteontaxation @taxreform_ITEP 3 When Policy Gets Personal: The Tax Reform Battle in My Own Back Yard Of all the states where fair taxes took a hit this year, no loss is more personal for me than the tax cuts enacted in my home state of North Carolina. My head hurts thinking back on the many versions of so-called “tax reform” that emerged this legislative session, including a serious threat to eliminate our personal income tax. While it took months of deliberation for the Governor and legislature to reach their disastrous deal, every proposal had one thing in common: they gave away huge tax breaks to the wealthy and profitable corporations while hiking taxes on most everyone else. Indeed, the final plan is a massive tax shift that will leave North Carolina short at least $700 million a year to spend on public investments that benefit us all. I take every state tax policy project I work on very seriously. But my passion and efforts were intensified in North Carolina because it’s where I grew up, where I got my start working on fiscal policy, and where I am now raising a family. I was not going to stand idly by as lawmakers attacked many of the progressive tax policies that I had actually helped to implement! And knowing these lawmakers were willing to jeopardize the education of our children for the sake of giving tax breaks to their cronies made me give it my all. For months I was churning out numbers that helped expose the real impact of every regressive plan on the table. There were so many nights I fired up my laptop after putting my toddler to bed, and weekends I spent at the office so our state policy friends, lawmakers and reporters could learn who’d win and who’d lose under each successive proposal. In the end, North Carolina enacted one of the most regressive tax changes in recent history, and I shed some serious tears the day they voted. But, with some distance now, I know it was all worth it because without ITEP and our numbers, the outcome would have been much worse. We got out in front of the anti-tax lawmakers who wanted to dismantle the state’s tax system. We explained their plan was not really ”tax reform” at all and we exposed their so-called economic development plans as schemes to cut taxes for the rich and corporations and make low- and middle-income families pick up the tab. Conservative North Carolina lawmakers overstepped on tax policy this year, just as they did in other areas, and my fellow Tarheels took notice. You probably heard about the crowd of students, parents, caregivers, activists, faith leaders and others who regularly protested outside the General Assembly in what became known as Moral Mondays. Calls to stop tax giveaways to the rich at the expense of everyone else were a major part of their message, and virtually every major newspaper in the state wrote a scathing editorial against the final tax package. We hear that the corporate-funded, anti-tax movement plans to expand its disastrous rampage to other states next year, but my ITEP colleagues and I stand ready to deploy our one-of-a-kind tax model in defense of economic justice. Thanks to all of you who stand with us! MegW iehe ITEP State Policy Director 4 My Take: Tax Reform Progresses Despite Washington’s Dysfunction While others spent the first day of 2013 eating their last holiday meals or recovering from their hangovers, I began the year analyzing tax legislation. I was in the CTJ office on New Year’s Day because Congress, reaching what I (erroneously) believed to be the peak of its dysfunction, had not managed to address the so-called “fiscal cliff ” of expiring tax cuts until that very day. The deal finally struck between Congress and the President made permanent far more of the Bush tax cuts than we believed could possibly be warranted. As we generated the figures to demonstrate why, reporters were happy to quote us and cite our estimates, partly because no other tax experts or political observers were answering their phone on the holiday. In the months that followed, some lawmakers and some pundits claimed that the fiscal cliff deal resulted in a tax code that was more progressive than ever, and that now the wealthy really were paying most of America’s taxes. We promptly published two reports, cited by several media outlets, showing that this is nonsense. We demonstrated that when you account for all the federal, state and local taxes that Americans pay, our tax system is just barely progressive, and that the fiscal cliff deal had very little effect on this. Of course, some members of Congress continued to argue for a “tax reform” that would make the tax system less progressive. House Budget Chairman Paul Ryan pushed another budget resolution through the House that called for significant reductions in tax rates and offsetting the costs by repealing or reducing existing tax breaks, which were unspecified. We published a report demonstrating that the plan could not be implemented without giving millionaires an annual average tax break of at least $200,000. As we received more and more grim news about how sequestration resulted in children kicked out of Head Start, medical research coming to a halt and other services being slashed, we became more determined to convince Congress to enact a real tax reform that raises revenue from wealthy individuals and the profitable corporations that avoid taxes under the current rules. To accomplish this, CTJ spent much of the year producing the reports on corporate tax dodgers and viable tax reforms that are discussed in this newsletter’s lead article. We also spent time responding to some of the terrible tax proposals that were debated, including a House Democrat’s proposed tax amnesty for offshore corporate profits. No matter how the year ends, we have now laid extensive groundwork, including data on every aspect of the tax code that needs to be reformed as well as relationships with those in Congress and the Obama administration who will make the decisions. This means that when tax reform happens — and it’s bound to happen, giving the outrages in our tax code that we keep uncovering — we can make sure that Congress pursues changes that really can be called reform. That’s one reason why I can end 2013 on a high note, and hope that this New Year is happier than the last, for all of us! Steve Wamhoff CTJ Legislative Director 5 CTJ & ITEP in the News: Year in Review The truth is, sometimes headlines make us crazy here tionals on public-relations efforts to get their tax re- tors in the digital era will write headlines to maximize have. Over at Nonprofit Quarterly, they ran a great at Citizens for Tax Justice. Seems like too many edi- clicks and “eyeballs” – even if they’re not particularly true. But we have to confess, looking over the head- lines from stories featuring our work in recent months, there are some pretty great – and truthful! – ones. For example, Mother Jones magazine ran a story headlined, “The Loophole That Allows Facebook to Avoid Paying Taxes on Billions of Earnings.” This story was inspired by our November report explaining that twelve high tech companies, including Twitter and Facebook, are paying executives with stock options in order to avoid billions in corporate taxes. We timed that report to coincide with Twitter’s much anticipated Initial Public Offering (IPO). Then, in a less sensational headline the next day, “Senators urge end to U.S. corporate stock-option tax break,” Reuters explained that Senators John McCain and Carl Levin also used Twitter’s big IPO to call at- tention to this egregious, unjustified loophole in the tax code. In big-picture tax news, as we go to print, we are waiting on Senator Max Baucus to reveal his proposal for comprehensive tax reform. In October, however, CTJ unveiled its own plan, featuring a more progressive tax code that provides more sustainable revenues than anything currently under consideration in Congress. We saw a headline in the Wall Street Journal that was a bit hyperbolic, but it’s a headline we kind of liked: “Think Tank’s Tax Plan - Heartburn for the Wealthy?” A major Beltway paper, The Hill, put it in political context with its “Liberal group rolls out tax plan,” explaining that here at CTJ, we staked out a decidedly progressive position on taxes and revenues that flew in the face of Republi- can demands, and issued a challenge to Democrats as well. On the corporate tax issue, we’ve been busy highlighting the growing billions being spent by U.S. multina6 form wish – an even lower tax bill than they already story about one of our reports called “GE and Other Corporations Line Up Behind ‘Fix the Debt.’” And Talk Radio News Service, where talk radio producers go for story ideas, carried a little feature called “Corporate Tax Lobby Proliferates,” also based on our reporting. As much attention as corporate tax dodging gets, when we’re talking about tax reform and tax fairness, provi- sions on the individual side of the code matter a lot. Earlier this year, the Congressional Budget Office (CBO) produced a study concluding that more than half of all federal tax breaks for individuals accrue to households of the richest 20 percent. It’s the same re- sult we get when we run our analyses of tax breaks. CBS News wrote a story headlined, “Wealthiest Americans get most Tax Gravy,” for which they interviewed CTJ’s Bob McIntyre, who focused on “capital gains – that’s the big one [tax break] that’s skewed to the top.” We were also happy to see a column in US News & World Report called “Penny Pritzker’s Tax Problem.” That column cited our blog post showing how President Obama’s then nominee (now confirmed) for Commerce Secretary, Ms. Pritzker, was, like Mitt Romney, a poster child for all the ways loopholes are available for the very richest Americans but not so much for the rest of us. The columnist noted that “nominating her does raise the question of how seriously Obama takes the sort of tax reforms he has called for.” We agree. And of course, every April we put out a concise report on who’s really getting breaks on their taxes. This year, the Washington Post summed it up with this headline: “U.S. tax code isn’t as progressive as you think.” One major reason the overall U.S. tax system is not as progressive – or as fair – as a lot of people think is because every single state tax system is indisputably regressive. Earlier this year, ITEP issued its big “Who Pays?” report on that very subject, and it generated powerful headlines all year: “When it Comes to Taxes in Pennsylvania, It’s Good to be Rich;” “And the rich pay less;” “Report Says Kentucky Tax System Unbalanced On Backs of the Poor;” “Indiana Taxes Disadvantage Low-Income Group;” etc. help with their profile, “Arthur Laffer is back as GOP tax man,” ITEP’s Meg Wiehe was happy to explain that Laffer serves as an “academic front-man” for the supply side agenda. Reporters have told us Arthur Laffer is feeling the heat from our Debunking Laffer project, and we intend to keep that pressure up. Every September, when the Census Bureau comes out with its data on poverty rates in the states, we take the opportunity to highlight our work. This year’s Census showed poverty rates are generally holding steady or rising, yet we found states are not doing enough with their tax codes to ease the burden on their working poor. What our report showed is that the state whose tax system is hardest on poor families is Washington State – and the Washington Post noted the potential irony with its headline, “The State that Taxes the Poor the Most is... a Blue One.” We later learned that the Post’s and other news outlets’ coverage of this fact was so intense that Governor Jay Inslee is asking policy experts to help him find ways to make Washington’s tax system less unfair. (Which is a great example of why news coverage matters!) ITEP has also become a major resource for reliable research on federal and state gas taxes, helping journalists year-round as they cover debates over this key revenue source. Here are a few stories featuring ITEP’s Carl Davis and his gas tax expertise: US News & World Report: “Gas Taxation Without Representation;” CNN Money: “Just in Time for the Holiday, 8 States Raise Gas Taxes;” Associated Press: “North Carolina, Other States Look To Tax Hybrids To Recoup Road Funding;” Reuters: “Road Funds on Empty; More States Weigh Gasoline Tax Hikes.” But even as we advance our argument that high taxes on the poor are bad policy, other groups are constantly churning out “research” allegedly showing that high taxes in general are bad for state economies. We hardly know where to start in terms of how flawed some of these reports are, so we were thrilled when the Columbia Journalism Review (where journalists go for news) took a crack at one with an assist from ITEP. In a story called “Invasion of the Job Snatcher,” CJR used Texas Governor Rick Perry’s job-stealing junket in Missouri to expose some of the controversy around an annual “Business Tax Climate Index” that anti-tax politicians love to cite. The article nudges journalists to do some digging into how tax rates really affect business owners’ decisions. Now, as ITEP followers know, Arthur Laffer is one of the most aggressive purveyors of “research” supporting tax cuts. So when Politico asked for our We also continue to take the fun out of sales tax holidays by helping more journalists understand they might make good politics but they are lousy tax policy and need to be covered more critically. In Mississippi’s Jackson Clarion Ledger we were featured in “Drastically Differing Views on this Weekend’s Sales Tax Holiday.” You may also have heard NPR’s August feature, “As Back-To-School Shopping Begins, Consumers May Turn Frugal,” that included our key point: that these holidays don’t really help the struggling families they’re supposed to. Finally, if you follow our work you know we issued a report this summer showing how much each state currently collects in taxes from undocumented immigrants – and how much more each could expect under immigration reform. Our numbers continue to define much of the coverage of that issue – coverage that Congress members are reading in their home town newspapers. The Spokesman-Review, Portland Press Herald, Montgomery Advertiser, Newsday, and Santa Fe New Mexican all cited our report, Undocumented Immigrants’ State and Local Tax Contributions. -Anne Singer 7 NON-PROFIT NON-PROFIT U.S. POSTAGE U.S. POSTAGE PAID T The ITEP & CTJ Newsletter Winter 2013-2014 The CTJ & Justice ITEP Newsletter December 2009 Citizens for Tax Institute on Taxation & Economic Policy Citizens for NW, TaxSuite Justice 1616 P Street, 200 Institute on Taxation & Economic Policy Washington, DC 20036 1616 P Street, NW PAID FREDERICK MD FREDERICK MDPERMIT #401 PERMIT #401 Suite 200 Washington, DC 20036 202.299.1066 email: [email protected] 202.299.1066 www.ctj.org or www.itep.org e-mail: [email protected] www.ctj.org www.itepnet.org ITEP is a participant in the Combined Federal Campaign Check off #10015 to support ITEP Cert no. SW-COC-000850 Printed on 100% PCW/recycled paper with vegetable-based inks using 100% wind power. Help Us Continue the Fight for Tax Fairness! After 30 years of fighting for tax fairness, you might think we’d be able to sit back, take a deep breath and relax. Inside this Issue of Just Taxes But if you’ve been paying attention to what Congress and the state legislatures are up to, you know this is no time for tax fairness advocates to relax. Lawmakers at the federal, state and local levels are all trying to figure out how to pay for health care, transportation, education and other vital services without pushing victims of our economic downturn even further into poverty. • The Fight for Progressive Tax Reform Continues — Cover story At our 30th anniversary celebration, it was nice to hear The New Republic’s Jonathan Chait describe how much the enemies of tax justice fear the “power” of our analyses. But our shoe-string budget has never come close to the giant sums spent by the loophole lobbyists and the tribunes for the rich that we do battle with every day. • Playing Defense & Offense in the States— Cover Story • The Tax Reform Battle in My Own Back Yard — Page 4 • Tax Reform Progresses in 2013 Despite Washington’s Dysfunction— Page 5 That’s why we depend on you, and why we hope you’ll think of us when you make your year-end donations. • CTJ & ITEP in the News: Year in Review — Pages 6 & 7 The staff of CTJ & ITEP wish you a great holiday season and a happy, healthy 2010!
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