Posts Tagged ‘Branstad tax policy’

Tax Update, 9/11/2012. Did you ask about that $107 million? Look, Blago! Also: wind and hot air; never forget.

Tuesday, September 11th, 2012 by Joe Kristan

Look, there’s Rod Blagojevich!  Governor Branstad defended the big smokestack-chasing tax credit package awarded to the Orascom Lee County fertilizer plant.  From QCTimes.com:

Branstad criticized President Barack Obama for “picking winners and losers in the marketplace” in an opinion piece distributed last week. It was the same week he announced the richest incentive package in state history that would be used to land the biggest single capital investment in state history.

As far as picking winners and losers, the governor cracked, “Illinois is the loser, Iowa is the winner.”

Branstad then took some more shots at the Land of Lincoln, describing it as “dysfunctional” and “willing to promise you the moon, then pulling the rug out from under your feet.” The state, he said, has “a reputation for corruption.”

Yes, corruption is unknown in Iowa.  Oh, wait…

Ramona Cunningham, currently serving time in federal prison for looting the Central Iowa (“no corruption here!”) Employment and Training Consortium, at the dedication of the CIETC Tom Harkin Learning Center.

This is fascinating:

Asked during his weekly news conference about how his column jibes with what he approved for the fertilizer plant, Branstad said the incentive package will be a catalyst for reforming the state’s tax system.

“A catalyst for reforming the state’s tax system?”  What does that mean?  That the award is so outrageous that it will finally spur legislators to replace Iowa’s futile, loophole-ridden system of high rates and complexity, sweetened with special deals for insiders?  “Stop me before I spend again?”  If it shocks legislators into adopting the Tax Update’s Quick and Dirty Iowa Tax Reform plan, it might almost be worth it.

More from the Des Moines Register.

 

Grounded.  Former Us Airways Pilot Sentenced in North Carolina to 10 Years in Prison for Tax Fraud (Dept. of Justice Press Release):

Charles A. Davis, 63, formerly of Mooresville, N.C. was sentenced today in U.S. District Court to 120 months in prison for committing tax fraud, the Justice Department and Internal Revenue Service (IRS) announced. U.S. Judge Richard L. Voorhees in the Western District of North Carolina also ordered Davis to serve twelve months of supervised release after his prison term and pay $538,569 as restitution to the IRS.  

Trial evidence established that in April 2006, Davis filed five fraudulent amended income tax returns for 1996 through 2000, falsely claiming that he earned little or no adjusted gross income in each of those years. And from April 2008 to February 2009, Davis filed five fraudulent individual income tax returns for 2004 through 2008, reporting false amounts of federal income tax withheld for each of those years and requesting fraudulent refunds from the IRS in amounts up to approximately $1.5 million. The evidence also established that during the time he failed to pay his taxes, the defendant drove a Ferrari and a Mercedes, and lived in a lakefront home on Lake Norman, N.C.

Well, he lived high for awhile.  Ten years imprisonment will bring down the average on his lifestyle.

 

Russ Fox,  A Modest Proposal on Tax-Related Identity Theft:

The IRS should check the address of every filed return versus the address on file for the taxpayer.  If the Jetsons’ return is filed with the same address as used last year, it’s likely the return is legitimate.  If not, then the IRS should put a hold on processing the return, and send a letter to the taxpayers at the address used in the prior year (with forwarding requested).

With this Russ has already done more to solve the $5 billion annual theft problem than Doug Shulman has done in over four years as IRS Commissioner.

 

Rob Smith, Residential wind energy a lot of hot air? (IowaBiz.com):

I can buy electricity from MidAmerican Energy at about 9 cents a KWH. My electric bill last month was $100.  At that rate, which is during the summer peak load, the investment would take 20-25 years to pay for itself.  My suggestion instead is to conserve energy or do other measures like insulation or new windows.

Indeed.

 

Robert D. Flach, NEVER FORGET.

TaxGrrrl,  The Post I Swore I Wouldn’t Write (Redux)

TaxProf,  6th Circuit: Severance Pay Is Not Subject to Employment Taxes

Jason Dinesen  On Mike Holmes and Going Cheap.  I like the quote he uses.

Peter Reilly,  Are Divorce Attorneys Trying To Whipsaw IRS ?

Patrick Temple-West,  Essential news: Travelers to Chicago pay steep taxes, and more.  I visited Chicago over Labor Day; he’s right.

Brian Strahle,  District of Columbia Extends Deadline for Combined Report!!

Politicians?  Describe the White House candidates in one (printable please!) word (Kay Bell)

You do?   You Have To Admire the Persistence of E&Y’s Partners (Anthony Nitti)

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Tax Roundup, 9/7/2012: Iowa income tax reform? Also: suing the IRS for ID-theft refunds.

Friday, September 7th, 2012 by Joe Kristan

Iowa Republicans hint at income tax reform.  Governor Branstad has pushed hard for property tax reform in the first two years of his term, but has done nothing about Iowa’s awful income tax.  At a press conference yesterday Iowa Republican leaders hinted that they might try do change that.  From Radio Iowa (via thebeanwalker.com):

House Speaker Kraig Paulsen, a Republican from Hiawatha, said tax reform is a key portion of the plan the call “Iowa Strong.”

Paulsen said property taxes aren’t the only focus. “We also need changes in our income tax code. We need to reduce both personal and employer income taxes,” according to Paulsen. “And we’re going to do this, we’re going to … lower out our extremely high rates so that all Iowans can keep more of their hard-earned money and that entrepreneurs can better compete on a worldwide basis, and encourage them to invest right here in the state of Iowa, invest in our workforce.”

So far it’s just talk, and no details were provided.   Still, this is at least the second time they’ve mentioned income tax reform.  If they are serious, there is a terrific plan on the shelf they could use.

 

A shortcut for refunds for identity fraud victims?  Taxpayers whose identities have been stolen have a tough time getting refunds out of Doug Shulman’s IRS.  A Clearwater, Florida lawyer is looking for a way to cut through the red tape. From TBO.com:

Clearwater lawyer Jim Staack may have found a way for frustrated identity theft victims to get their overdue tax refunds: Sue the IRS.

Last year, Staack represented James and Christine Gordon in their effort to pursue a class action on behalf of identity theft victims who were unable to obtain their rightful tax refunds. The Gordons got their refund 12 days after the suit was filed.

Then Staack added Crystal Lake as a plaintiff in the case. Twelve days later, she got her refund.

But the IRS says that the quick refunds were just a coincidence, and that suing won’t help.  Still, it’s easy to understand why taxpayers will give it a try:

People trying to get their tax refunds are forced to navigate a byzantine system of unreturned phone calls, conflicting regulations and unskilled Internal Revenue Service employees who give them incorrect information, according to the report.

Staack said that after he filed the Gordon lawsuit last year, his office was contacted by a steady stream of identity theft victims who all tell the same story.

“They get the runaround from the IRS. They make promises that are not kept. They’re told it will take 60 days. Nothing happens. Then they call back and are put off again.”

These frustrated taxpayers will find comfort in knowing that the IRS open-book tests for preparers are going strong.

 

William McBride, Obama’s Tax Rates on Investment would exceed Clinton’s Rates (Tax Policy Blog):

Source: Tax Policy Blog

 

David Cay Johnston asks Who pays the top income tax rate?

Playing the parsonage allowance: Phil Driscoll Petitions Supreme Court On Housing Allowance For Second Home (Peter Reilly)

Jim Maule, Using Taxes (or Money) to Measure Generosity (or Values).

Winter fodder for $200, Alex. What About Hay? (Paul Neiffer)

I’m skeptical, but maybe it’s worth a try:  If At First You Don’t Succeed, Just Waste The Tax Court’s Time Some More (Anthony Nitti)

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Tax Roundup, 9/6/2012: Fertilizer and Iowa tax policy; supporting the arts; mythbusting!

Thursday, September 6th, 2012 by Joe Kristan

So Iowa approved the additional tribute to close the deal on the new Lee County fertilizer plant.  With all of the fertilizer generated by politicians explaining the benefits of the project, it’s hard to see how the new plant can withstand the competition.  My favorite line from the Governor’s press release – purchased with up to $107 million in tax credits, plus local breaks bringing the package to $240 million — was this:

To successfully compete for this project, Iowa had to offer incentives to overcome its current corporate income tax structure.  The governor used this project as an example of why tax reform is necessary.

So the out-of-state company gets $240 million now, while it’s jam tomorrow for everybody already here trying to “overcome” our current corporate income tax structure every day – the same taxpayers who will pay to fertilize the Lee County plant.  Some of us have been pointing out how uncompetitive Iowa’s income tax system is for a long time, but the Governor has done nothing about it in the first two years of his term  — and not much in his four previous terms, either.  But let some out-of-state company present an opportunity for a big ribbon-cutting, and $107 million in tax credits suddenly materialize.  To put that in perspective, Iowa’s entire corporate income tax receipts for fiscal 2011 came to $394.5 million.  Priorities, I guess.

Related: The Tax Update’s Quick and Dirty Iowa Tax Reform Plan, Tax Roundup, 9/5/2012: Laying it on thick for the fertilizer plant. and Celebrate corporate welfare, I mean incentives!

Update, 9/8:  Fertilizer plant deal involves largest tax incentive package in Iowa history (Bleeding Heartland)

 

IRS provides relief for tax filings affected by Hurricane Isaac: (IR-2012-70)

 The tax relief postpones various tax filing and payment deadlines that occurred on or after Aug. 26. As a result, affected individuals and businesses will have until Jan. 11, 2013 to file these returns and pay any taxes due. This includes corporations and businesses that previously obtained an extension until Sept. 17, 2012, to file their 2011 returns and individuals and businesses that received a similar extension until Oct. 15. It also includes the estimated tax payment for the third quarter of 2012, normally due Sept. 17.

It covers 10 Louisiana parishes and four Mississippi counties.

 

12-year sentence for payroll tax scamming.  From a Department of Justice press release:

Bruce Gregory Harrison III of Greensboro, N.C., was sentenced today to 144 months in prison following his December 2011 conviction for payroll tax fraud and other crimes, announced Kathryn Keneally, Assistant Attorney General for the Justice Department’s Tax Division; Ripley Rand, U.S. Attorney for the Middle District of North Carolina; and Richard Weber, Chief of Internal Revenue Service (IRS) – Criminal Investigation.

 Harrison was convicted on a 63-count indictment alleging large-scale payroll tax fraud and failure to file individual income tax returns. The evidence at trial and at sentencing showed that Harrison failed to pay over more than $40 million dollars in federal taxes withheld from the pay of his thousands of employees in the years 2004-2006 and 2009.

If you withhold payroll taxes and fail to remit them, the consequences can be a lot worse than late-payment penalties.

 

TaxGrrrl, Eleven Tax Myths Debunked.  The $600 free-money myth, among others.

Did Someone Really Steal Mitt Romney’s Tax Returns From PwC’s Franklin, Tennessee Office?  (Going Concern, Did Someone Swipe Mitt Romney’s Unpublished Tax Returns from PwC? (Anthony Nitti),and Anonymous hackers claim to have Romney’s tax returns, demand $1 million ransom to keep them private (Kay Bell).  I suppose it could happen, but that’s not the way to bet.

Will Freeland,  To Eliminate Income Tax Fraud, Simplify the Tax Code (Tax Policy Blog)

Peter Reilly hosts a guest post, In Defense Of Special Tax Treatment For Clergy

Dan Meyer,  NAEA: Bring AMT and Taxes on Social Security Received into the 21st Century.   It wouldn’t bother me if we left those taxes behind in the 20th Century, actually.

News you can use: Flying 5,400 Miles and Finding an $882,000 Shortfall in a Prizepool Isn’t a Good Thing (Russ Fox)

Support the arts! NY Court to Decide If Lap Dance Is Tax-Exempt Art (TaxProf)

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Celebrate corporate welfare, I mean incentives!

Thursday, September 6th, 2012 by Joe Kristan

With the approval of the enormous tax breaks and subsidies for the Lee County fertilizer plant yesterday — $240 million for 165 “permanent jobs” — it’s time to rerun an old celebration of corporate welfare that originally ran when Microsoft got bribed to locate a data farm in West Des Moines.

LOCAL CPA FIRM VOWS TO SWALLOW PRIDE, ACCEPT $28 MILLION

August 21, 2008

In a tearful virtual press conference held at their corporate headquarters, Roth & Company spokesman Joe Kristan recanted his opposition to targeted tax breaks and vowed to accept massive government subsidies on behalf of the firm.

“We are really excited about the new Microsoft server farm.   The bipartisan enthusiasm for taking money from taxpayers and giving it to selected businesses frankly moved us,” said Kristan.  “With Microsoft receiving tax breaks worth $40 million to create 50 jobs next year, and maybe 75 eventually, we realized that our 35-employee firm must be eligible for $28 million or so.”  While the Microsoft benefits are in the form of tax breaks, said Kristan, “We prefer cash.  We’ve already created the jobs and have been doing so for years.  We’re willing to swallow our pride and take money for it.  We could charge interest and muck up the tax law, but we’re a good corporate citizen.   We’ll just take the money.”

Kristan pointed out that it was a better deal for the state than the Microsoft server farm in a number of ways.  “We’re using a building that’s already there.  You don’t have to put in roads or run fiber lines.  Just write us a check.  A wire transfer would be fine too.”

Kristan said the firm was committed to creating “dozens, maybe hundreds of thousands of jobs” eventually — “someday, somehow, somewhere.”

The firm, which was started in 1990, plans to use the money on a number of projects.  Kristan said it would be nice to have a couple of fully redundant sets of file servers for the office.  “Not so much a server ‘farm’ as a server patio garden,” he explained.  The firm also plans to install a state of the art coffee maker to provide fresh brewed coffee from freshly-ground beans on demand.  The remainder of the funds are expected to be used to fund energy independence, affordable health care and retirement security for the firm’s owners.

“We thank Governor Culver, Senator Grassley, Congressman Boswell and Senator Gronstal for opening our eyes to the benefits of these targeted incentives,” said Kristan.  “We are confident that the necessary legislation will pass.  All it will take is for our elected officials to give our proposal the same scrutiny they gave to the proposals by Microsoft and Google.”

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Tax Roundup, 9/5/2012: Laying it on thick for the fertilizer plant. Math is hard. So is tax, even with TurboTax.

Wednesday, September 5th, 2012 by Joe Kristan

Governor Branstad’s administration is making a big push to promote STEM education: Science, Technology, Engineering and Math.  This headline in the Des Moines Register today shows how badly we need math education, especially in Iowa’s “Economic Development” bureaucracy:

165 jobs, $110 million in aid

Officials mull boosting incentives to keep $1.3 billion fertilizer plant project in Iowa

This is the worst kind of smokestack chasing, which is always the preferred approach of “economic development officials.”  Never mind that Iowa already has competing fertilizer plants — as Sioux Citian Debi Durham, Iowa chief official economic developer, surely knows.    Never mind that Iowa and Illinois are getting played shamelessly by Orascom, the fertilizer company.  Never mind that the money comes from taxes paid by existing competitors, and by thousands of unsubsidized businesses like ours, and our employees.  Never mind all that — it’s about buying a ribbon-cutting, not about making the state a good place for everyone to do business Unless, of course, Roth & Company gets a nice state check for $21.3 million for the jobs we have already created.

At least some folks are catching on to the game.  From the article:

Orascom has attracted a diverse group of opponents, from parents, environmentalists and liberal groups such as Iowa Citizens for Community Improvement and Iowa Policy Project, to conservative groups such as Public Interest Group, Lee County Tea Party and Americans for Tax Reform.

So there’s agreement from left to right that it’s a bad idea for the state.  But if politicians think it’s a good idea for them, it will go through.

Related: Taking your wife’s purse to buy drinks for the girls and  LOCAL CPA FIRM VOWS TO SWALLOW PRIDE, ACCEPT $28 MILLION

 

Who catches the identity thieves?  Hint: it’s not Doug Shulman’s IRS.  From the Bradenton (Florida) Patch:

Det. B. Pieper from the police department’s gang unit put together the case by paying close attention during a routine drug bust…

Pieper was one of several detectives watching traffic coming to and from a house where police suspected drugs were sold. He said he and his partner watched a car leave the house and then run a stop sign. When they pulled over the car Brydson was in the passenger seat with a laptop and a bag of marijuana on her lap.

Brydson quickly closed the laptop, which made Pieper suspicious. When he searched her purse, he said he found several TurboTax debit cards with different names on them. He also noticed a 60-step instruction sheet on how to perform tax fraud through TurboTax.

So local cops have to do the IRS’s job of stopping the thieves who take $5 billion of our taxes annually while the IRS is busy building a new preparer regulation bureaucracy at the behest of the national tax prep firms.  Priorities!

 

 Courtney A. Strutt Todd: Congratulations on Your Scholarship. Don’t Forget to Pay Uncle Sam (Davis Brown Tax Law Blog)

TaxProf, Tax Planks in Democratic Party Platform

Andrew Mitchel, Partnership Definition

Martin Sullivan, The Effects of Interest Allocation Rules in a Territorial System (Tax.com)

Linda Beale, Romney and Private Equity’s Questionable Schemes for Paying Very Little Tax

Kay Bell, Tax moves to make in September 2012

Robert D. Flach has a new Buzz roundup of tax blog posts.

Jim Maule offers A Peek at the Production of Tax Ignorance.  It’s booming.

I think spending less than you earn works even betterDo Mandates or Tax Subsidies Do a Better Job of Boosting Savings?

Have a nice dayCBO: Federal Healthcare Spending Will Exceed Discretionary Spending by 2016 (William McBride, Tax Policy Blog)

GIGO: it’s Tax Court Doctrine!  From a case rejecting a taxpayer’s use of TurboTax as an excuse for a bad return:

It is apparent that a portion of the information petitioner entered into the TurboTax program was incorrect; hence the mistakes made (which resulted in the underpayment) were made by petitioner, not TurboTax. TurboTax is only as good as the information entered into its software program. See Bunney v. Commissioner, 114 T.C. 259, 267 (2000). Simply put: garbage in, garbage out.

Tim Geithner, call your office.

Cite:  Bartlett, T.C. Memo 2012-254.

Related:  Reason #17 to Hire Me: Blaming Turbo Tax Can Not Protect You From Penalties (Anthony Nitti)

 

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Tax Roundup, 8/21/2012: Branstad to push income tax rate cuts? Also, tax and marriage. Plus more masterminds!

Tuesday, August 21st, 2012 by Joe Kristan

Will Iowa finally do something about it’s horrendous income tax?  Governor Branstad provided a glimmer of hope, according to the Quad City Times’ Rod Boshart (my emphasis):

Gov. Terry Branstad said Monday that any legislative effort to raise the state’s gas tax would be contingent on Iowa lawmakers approving tax relief for property owners and income earners.

Branstad told reporters he intends to advocate for a reduction in the commercial/industrial property tax rate, a limitation on increases to residential and agriculture property tax rates and a reduction in Iowa’s individual and corporate income tax rates once the newly elected members of the 85th Iowa General Assembly convene their 2013 session next January.

So what does that mean?  It doesn’t sound like a bold call to reform Iowa’s high-rate, high-loophole income tax.  It sounds more like a trial balloon to tie a gas tax increase to income tax rate cuts; the rate cuts, possibly trivial, could provide political cover for a gas tax increase.  I hope I’m wrong.

Be bold, Governor!  Go big!  Go for the Quick and Dirty Iowa Tax Reform Plan!

 

Meanwhile, it’s business as usual on the Iowa corporate welfare front.  The Iowa City Press Citizen reports:

Development on the Iowa River Landing is moving full steam ahead in Coralville, aided recently by up to $2 million in state tax credits for four companies developing portions of the mixed-use development along Interstate 80.

The Iowa Economic Development Authority board approved the grants at a meeting Friday as part of its Brownfield and Grayfield Redevelopment Tax Credit Program, a series of tax credits the state doles out annually to redevelop properties around the state with environmental issues or other hindrances to development.

Grayfields?

A Grayfield is an industrial or commercial property that already has infrastructure, such as a building, in place, but whose use is outdated, Iowa Economic Development spokesperson Tina Hoffman said. Tax credits for Grayfields can be for up to 12 percent of the qualifying investment.

“Grayfields”  then means “just about any place that has ever been developed.”

If a building doesn’t need government help to be built, it shouldn’t get it.  If it does need government money, it probably has no business going ahead in the first place.  The buildings developed with government help will compete with those already in place and paying taxes to help subsidize the new ones.

Related: State 29, Live By The Tax Credit, Die By The Tax Credit

 

Yesterday we noted how the IRS is being swindled to the tune of billions by petty thieves in Tampa.  News of another criminal mastermind who outwitted Doug Shulman’s IRS to get taxpayer cash comes out of Chicago:

The Department of Justice says 41-year-old Katrina Pierce was sentenced in federal court Monday. She pleaded guilty in January to fraud and aggravated identity theft.

The department says Pierce used a collection of stolen identities to defraud the Illinois Department of Human Services of more than $146,000 in child-care benefits between 2006 and 2010.

Pierce also filed about 180 fraudulent income tax returns from the 2006 and ’07 tax years and collected more than $60,000 in refunds.

We aren’t dealing with criminal geniuses here, but they are smart enough to fool Doug Shulman’s IRS for billions of dollars.  Remember, each of those 180 fraudulent returns come at the expense of a victim like Jason Dinesen’s client, who gets the IRS runaround while the thief gets her cash.

 

Thinking about a ring?  The Tax Policy Center has some advice for the lovelorn with TPC’s New Marriage Bonus and Penalty Calculator(TaxVox)

Still not sure?  The Tax Policy Blog’s Monday Map asks: Does your state have a marriage penalty?

 

 

TaxGrrrl, Romney’s ‘Number’ Is 13.9: What’s Yours?

Anthony Nitti, Leave Romney Alone:

This is who Mitt Romney is, at least in part: a rich guy with rich guy tax problems and rich guy tax solutions. Romney wasn’t obligated to pay any more tax than the law required, and he very likely didn’t. His refusal to overpay the government shouldn’t be an indictment on his ability to lead a government.

 

Jack Townsend, Judge Apportions Restitution in a Massive Tax Shelter Case:

Judge Baer of SDNY imposed restitution against one of the individual defendants in the massive BDO Seidman tax shelter case, but apportioned the restitution so that the defendant, who pled to a conspiracy count for the large conspiracy, is liable for only a portion of the tax loss.

 

Russ Fox:  Not Only Were the Employees Outsourced, The Taxes Went Away, Too.  An “professional employer organization” that let employers outsource their payroll function is accused of swindling clients out of their payroll taxes:

From San Antonio comes word of a company that allegedly took care of small businesses’ taxes in a way that’s, well, arresting.  John Bean apparently owned a professional employer organization named “Synergy Personnel.”  Most PEOs become the actual employer and, for a fee, they relieve a small business of the duties of personnel including the payment of taxes.  Mr. Bean’s company allegedly had a unique and (if proven) very illegal method of dealing with those taxes: They didn’t.  The FBI and IRS allege that Mr. Bean’s company kept the money for taxes and workers’ compensation insurance.

The IRS will still want the taxes from the company’s clients.  Cases like this remind us how wise it is for employers to set up with EFTPS, the Electronic Federal Tax Payment System, even if they outsource the payroll function.  You can go online with EFTPS and make sure your tax deposits are really going to the IRS.  Nobody wants to pay their payroll taxes twice.  If your PEO arrangement doesn’t support this, you are taking a potentially-expensive leap of faith.

 

Peter Reilly, DOMA Takes the Security Out of Social Security for Married Gay Seniors

Robert D. Flach, OUR PPACA IS HERE TO STAY (AT LEAST FOR NOW)

Kay Bell, 401(k) fee disclosure info due Aug. 30

William Perez, IRS Offers Tips for Correcting Tax Returns

Crisis!  Peter Luger: Steak Prices May Soar As Drought Culls Herds.  (via Going Concern).

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Iowa General Assembly adjourns without further damage (update – they got some damage in)

Thursday, May 10th, 2012 by Joe Kristan

It could have been much worse.

The 150 elected supergeniuses at the Iowa legislature weren’t shy about deciding what forms of energy production deserve your tax money, and they also invested tax dollars in a private baseball park in Dyersville.  Still, they at least avoided making taxpayers pay for other peoples “innovative” investments or ESOP consultants.

The legislature failed to pass the Governor’s highest priority, a reform of Iowa’s commercial property taxes, though they did vote to curb some of the worst abuses of TIF districts.

Bills that passed include:

  • TIF Reform. HF 2460, the TIF reform, keeps taxpayers from diverting TIF receipts and requires audits of projects.  It’s a small step against local crony capitalism.
  • Field of Dreams.  The legislature passed and the Governor signed a bill (SF 2329) to let an athletic complex built on the location of the Kevin Costner movie to keep sales taxes it collects.  The movie says “if you build it, they will come.”  The legislation says “If you lobby hard enough, they’ll vote for almost anything.”  Any bill passed for the benefit of a specific taxpayer is by definition bad policy.
  • Tax Credits for green energy.SF 2342 provides “tax credits for the construction and installation of solar energy systems and geothermal heat pumps, modifying sales and use tax provisions related to property purchased for resale, and creating a sales tax exemption for certain items purchased for use in providing vehicle wash and wax services.”  Because the Iowa legislature knows better than you how you should heat your house.

Bills that died, mercifully:

It’s unfortunate that the legislature couldn’t agree on a way to improve Iowa’s awful commercial property tax, but maybe we’ll be better off in the long run making it an issue in the upcoming election.  It would be even better if they would take up the issue of tax reform generally.  I suppose an election over the merits of the Quick and Dirty Iowa Tax Reform Plan would be too much to hope for.

The Quad City Times has more coverage of the end of the session.

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Iowa Property Tax Reform: dead?

Wednesday, May 9th, 2012 by Joe Kristan

The attempts to pass property tax reform and get the Iowa legislature out of town stalled last night when the Iowa Senate failed to pass a reform bill.   The Senate rejected the Republican-supported House bill, but then two Democrats torpedoed their own party’s bill. From the Quad City Times:

Senate Republicans offered the House plan in amendment form during an animated floor debate late Tuesday, but the proposal was turned back by Senate Democrats 21-26. However, Sens. Rob Hogg, D-Cedar Rapids, and Jack Hatch, D-Des Moines, joined the GOP minority in taking down the majority party’s $350 million relief plan by a 24-23 margin, leaving the future of the issue in partisan limbo as the Legislature moved to end the 2012 session as early as today.

“They sunk their own bill,” said Sen. Randy Feenstra, R-Hull, who led the effort to win Senate support of the House-passed bill and criticized Democrats for walking away from an approach that won 71-26 bipartisan support among representatives.

Failure to pass the property tax reform would also doom efforts to increase the Iowa earned income credit. It’s possible that the legislative leaders and the Governor could still throw together a compromise bill, but time is running short, with adjournment possible as soon as today.

Other tax bills also look like they will die before adjournment include:

Good riddance.

Additional coverange of yesterday’s legislative session:

Jason Clayworth (Des Moines Register), Iowa Senate rejects property tax bill; doubts arise that any reform will pass this session

O. Kay Henderson, Democrats’ property tax plan defeated in Iowa Senate

 

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Iowa House votes to increase EITC while chasing Harold Hill out of town

Tuesday, May 8th, 2012 by Joe Kristan

The Iowa General Assembly is in a frenzy of legislation.  Yesterday the Iowa House passed its version of property tax reform (HF 2475).  It differs from the Senate bill in several important ways.  The House bill imposes a limit on tax increases based partly on the Consumer Price Index.  Its increases the Iowa Earned Income Credit to 10% of the federal credit, vs. the 20% proposed by the Senate (SF 2161).  The increase would be retroactive to the beginning of this year.

The House also approved a bill modifying the Iowa trust code and making minor changes in the Iowa inheritance tax, but without the controversial repeal of Iowa’s rule against perpetuities — a repeal supported by Iowa bank trust departments who have been losing trusts to neighboring states with looser rules.

Both houses yesterday approved HF 2337, a bill that among other things formally repeals the Iowa Film Tax Credit.  While the disastrous credit was originally enacted over three dissenting votes, the repeal drew 14 no votes in the Senate and 15 in the house.

Lest we think the repeal of the film credit shows that the legislature finally understands the unwisdom of corporate welfare through the Iowa tax code, the Iowa House signed off on SF 2342.  This bill provides tax credits for 20% of the cost of “geothermal heat pumps” and 50% of the federal tax credit for “solar energy systems.” The House passed the bill 82-14; the Senate version passed over only one dissent.

Related:

Governor to buy property tax reform by doubling earned income credit?

Harold Hill gulls the House

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Governor to buy property tax reform by doubling earned income credit?

Friday, May 4th, 2012 by Joe Kristan

Tax Update computation, using proposed 15% Iowa EITC

Iowa Senate Democrats yesterday released draft legislation (SSB 3205) that they say is a “framework” for a compromise they have reached with Governor Branstad to reduce business property taxes.  The bill cuts commercial property taxes over five years by 25%, while more than doubling the Iowa Earned Income Tax Credit.  The Iowa EITC is currently 7% of the federal credit.  The bill would increase that to 15% of the federal credit.

Iowa’s high commercial property taxes have long been perceived as a problem for attracting and growing Iowa businesses, and reforming them has been the Governor’s top legislative priority.  Senate Democrats have been insisting that the price would be an increase in the Iowa earned income tax credit.  The Governor vetoed an increase in the credit last year.

While often described as a “tax break for the working poor,” the EITC is best understood as a welfare program.  The credit is computed based on the wage or self-employment income of taxpayers, and is lost if they have too much investment income.  It is “refundable,” meaning that if it exceeds income taxes — and it often does — the government writes a check for the difference.  That makes it a welfare  program, rather than just a tax break.

The refundable aspect makes it a fraud magnet.  Government reports indicate that as much as 25% of the EITC claimed is fraudulent or improper.  Until the recent ID-theft fraud binge, EITC theft was probably the most common low-end tax fraud scheme.

The EITC is phased out as income rises.   The phase-out creates a high hidden marginal tax rate.  Over a large income range, the combination of increased taxes and lost EITC costs earners more than 50 cents out of each additional dollar of income.  This has the perverse effect of punishing EITC recipients for getting raises.

House Republicans have balked at the bill, but not because of the EITC provision (they passed the EITC increase vetoed last year, after all).  They want to also add residential property tax relief to the bill.

Update: House proposal offers 10% Iowa EITC.

 

More coverage from Radio Iowa

Prior Tax Update coverage: Incentives to stay poor

 

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Branstad to sign off on Field of Dreams Giveaway, 185% increase in Earned Income Credit?

Friday, April 6th, 2012 by Joe Kristan

The Branstad administration isn’t giving much reason for hope on Iowa tax policy this week.  Having already embraced even more special breaks for ESOPs and “anchor manufacturers” in Iowa’s byzantine income tax, today’s news indicates that he has more blows in store to sound tax policy.

First, from THonline.com:Branstad ‘inclined’ to sign bill for ‘Field of Dreams’” This bill allows a planned sports complex on the “Field of Dreams” film site to keep sales tax it collects for itself.  The Newton race track has a similar deal.  A legislator who voted against the bill pointed out the obvious:

That feels too much like “picking winners and losers,” said Sen. Jack Whitver, R-Ankeny, and suggests to other development projects or business ventures that lobbying lawmakers is the key to securing lucrative tax breaks.

“I just don’t like the fact these groups have to hire a lobbyist, come down here and basically win us over on their project,” he said.

Lobby it, and they will come.

Meanwhile, there’s this from The Des Moines Register:Branstad would sign earned income tax credit to get property tax deal.”  Iowa’s earned income credit is now 7% of the fraud-ridden federal credit.  Iowa Senate leaders propose to raise this to 20%.  This credit is touted as a tax break, but as it is paid as cash if it exceeds income tax, it is really a cash welfare program.  It phases out as income increases, imposing tremendously-high marginal rates on the working poor — punishing them for improving their lot.

The Governor’s party is two votes away from having a majority in the Iowa Senate.  He could try to sell his policies hard enough to win those two seats and pass his (needed) property tax reforms without a huge welfare expenditure.  That doesn’t seem to be part of the plan, and Iowa drifts ever further from sound tax policy.

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Why they do dumb things

Thursday, April 5th, 2012 by Joe Kristan

The Battleship Iowa - obsolete like the Iowa tax law, but no longer as dangerous.

I’ve met some legislators, and in person they can be normal, well-intentioned people.  So why do they do silly things like vote for disastrous special subsidies for one industry, like the film tax credit program, or even a single business, like the “Field of Dreams” sales tax giveaway sent yesterday to the Governor?  Some comments from legislators in the Des Moines Register coverage of the bill give a clue about the clueless. 

It helps to have a legislator who wants to bring pork to his district:

“It’s all about partnerships and it’s all about collaborations,” said Sen. Tom Hancock, D-Epworth, the bill sponsor, whose district includes Dyersville. “I’m happy that the state’s a willing partner to enhance projects like these.”

“Willing?”  How does that work?  I’m a taxpayer of the state, and there’s nothing “willing” about me paying taxes.  If I don’t, I go to jail. 

Some legislators just don’t understand that giving special privileges to one taxpayer is by definition unfair to those who have to comply with all of the tax laws:

The state also does not pay for the incentive with existing revenue, since the taxes rebated are those generated by the development and wouldn’t exist if the project didn’t go forward.

“The key difference is we’re not putting taxpayers’ money at risk,” Rep. Stewart Iverson, R-Clarion, said during floor debate. “That’s the key thing that I think helps this project get along the way.”

My existing business will pay a lot of taxes that wouldn’t exist if we stopped going forward.  Where’s my check?

A few legislators are catching on:

That feels too much like “picking winners and losers,” said Sen. Jack Whitver, R-Ankeny, and suggests to other development projects or business ventures that lobbying lawmakers is the key to securing lucrative tax breaks.

“I just don’t like the fact these groups have to hire a lobbyist, come down here and basically win us over on their project,” he said.

“Suggests?”  More like “broadcasts.”

Will the Governor stop it? He’s the last hurdle to this giveaway.  His support for special breaks for ESOPs and “Anchor Manufacturers“  doesn’t telegraph principled opposition to special tax favors.

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Where’s my tax break?

Thursday, March 15th, 2012 by Joe Kristan

20090617-2.jpgWhen you give out a “targeted” tax break, lots of folks hire lobbyists to put a target on their own backs. That seems to be happening with the misguided proposal to exempt some sales of stock to employee stock ownership plans from Iowa tax. From the Sioux City Journal:

However, Sen. Joe Bolkcom, D-Iowa City, chairman of the Senate Ways and Means Committee, said he is studying the capital gains piece of the legislation to determine whether it’s a necessary component, given there are other business groups, tax opponents and investment representatives who want to eliminate the capital gains tax altogether or expand the incentive provision beyond the ESOP application.
“Since that bill’s been filed, there have been a number of interests come forward that would like to have special capital gains tax treatment,” said Bolkcom, who worried House File 2284 could touch off a domino effect of unintended consequences. “There’s maybe sufficient incentive in the $1 million appropriation to assist companies to form ESOPS and the capital gains piece may not be as big of an issue.”
[Senator Bill] Dotzler said he believed the legislation is targeted and could be implemented in a measured way that would provide a benefit without opening it up too broadly.

When you have high tax rates — and Iowa has them — taxpayers have that much more incentive to hire lobbyists to carve them breaks. Once you start, it’s hard to stop. Senator Dotzler was a big supporter of film credits, and they sure failed to prevent “opening it up too broadly.”
Martin Sullivan at Tax.com calls shenanigans on the whole “targeted” tax break game:

Worse still, they are continuously urged to move in the exact opposite direction and extend more tax benefits to targeted constituencies. They are told this will create jobs. This is true

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Iowa Department of Revenue shreds the Commerce Clause

Thursday, March 8th, 2012 by Joe Kristan

If an Iowa Department of Revenue position on interstate income taxation stands, the limits set by Congress in 1959 on taxation of out-of-state corporations (PL 86-272) will become a dead letter. The Department is attempting to tax Jack Daniels — whose only connection to Iowa is the sale of liquor to the Iowa state wholesale liquor monopoly — based on the use of its trademarks in Iowa.
PL 86-272, enacted under the Constitutional authority given to Congress to regulate interstate commerce, prohibits states from taxing corporations whose only business in the state is the shipping of goods from out-of-state. The states are always trying to get around this, and Iowa gave itself a victory on this score when the Iowa Supreme Court ruled that KFC was taxable on royalties received from its Iowa franchisees even though KFC itself had no property, employees or operations in Iowa. Now the Department is turning this victory up to 11. From the Administrative Law Judge ruling in favor of the Department in an appeal by Jack Daniels Properties, Inc. and Southern Comfort Properties, Inc, members of the Brown-Forman group.

The department

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Iowa tax code conformity update sent to Governor

Tuesday, March 6th, 2012 by Joe Kristan

The legislature yesterday passed annual tax code maintenance bill, sending HSB 544 to the Governor for signature. Most of Iowa’s income tax is based on the federal income tax; the bill updates references to the federal tax code as it stands at January 1, 2012, instead of January 1, 2011.
There were few changes to the federal tax late last year, so this bill is relatively minor. It doesn’t change Iowa’s non-conformity to federal bonus depreciation. While Iowa taxpayers can take Section 179 deduction on their Iowa returns the same way as on federal returns, Iowans can only take regular MACRS depreciation on their state returns.
In some years the code conformity bill has been controversial. It’s a silly exercise; Iowa should automatically adapt federal changes, with the option to vote out specific ones (an option that should rarely be used).
There has been no recent action on the few substantive (using the word loosely) income tax proposals before the legislature. The half-baked Iowa ESOP bill and the misbegotten “Anchor manufacturing” bill appear to be flying virtually unvetted towards passage, making real tax reform that much less likely to ever happen.

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The map that the Iowa General Assembly isn’t talking about this year

Monday, February 27th, 2012 by Joe Kristan

The weekly map from the Tax Policy Blog:

Yes, Iowa’s among the worst. It doesn’t have to be.

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Who knew they manufactured anchors in Iowa?

Thursday, February 23rd, 2012 by Joe Kristan

The supergeniuses in the “Economic Growth/Rebuild Iowa” Committee have found a sector of the Iowa economy that actually pays Iowa’s corporation income tax. It’s the highest corporation tax in the country, so it’s grievous to those few who actually have to pay it — so they want to do something about it.
No, they aren’t repealing Iowa’s futile and awful corporation tax. They are building in yet another tax break: a convoluted adjustment to income for “certified suppliers to anchor manufacturers.” (HSB 604) Apparently the single-factor apportionment — allocating income to Iowa based on the destination of items you sell — doesn’t do much good for Iowans who sell to other Iowa manufacturers.
It would work like this:
The supplier gets a certificate from a customer saying the customer is an “anchor manufacturer,” which means an Iowa manufacturer that sells at least half of its production out of state.
Then, if the taxpayer
-has at least ten percent of its payroll, or alternatively 100 employees, located in Iowa, and
-it “agrees to annually provide to the authority information and data on jobs created and capital investments made in the state by the business,”
It will get to reduce its Iowa taxable income by the amount that it exceeds 110% of its prior year income apportioned to Iowa.
In other words, it would cap annual income tax increases for the taxpayers qualifying for this break at 10%.
There is so much wrong with this bill and the thinking behind it.
The legislators apparently think they can fine tune an already byzantine tax law to help a favored constituency to cure an otherwise punitive income tax. They act as if they knew that helping the taxpayers that qualify — and nobody else — is the key to a healthy economy. They act as though manufacturers are uniquely burdened by Iowa’s corporation tax, when it’s at least as awful for every business subject to it. They act as though a manufacturer that sells outside of Iowa deserves more support than somebody who sells stuff we want to buy.
The reporting requirement is clearly designed to enable the politicians to crow about the jobs they “create” with this thing.
Searching a comprehensive 50-state technical service on state taxes reveals no other “anchor manufacturer” break. A search for the euphemism of “supply chain incentive” in various forms generates nothing. This appears to be an Iowa-only brainstorm.
If they really wanted to do something for Iowa’s economy, they’d get rid of the Iowa corporation tax — a minor part of Iowa’s tax revenue, but a major source of complexity and administrative expense. They’d get rid of Iowa’s rats nest of special interest credits and deductions and use the savings to lower tax rates. They’d enact something like the Quick and Dirty Iowa Tax Reform.
Image credit: Flickr image courtesy Stew Dean under Creative Commons license.

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Incentives to stay poor

Thursday, February 16th, 2012 by Joe Kristan

The state legislature seems to be racing to increase Iowa’s earned income tax credit as part of an emerging grand bargain to lower commercial property taxes. The Iowa Senate has passed a bill to increase the refundable credit to 20% of the federal credit by 2014. It currently is 7% of the federal credit.
While the legislation may be well-intended, it worsens a perverse side effect of the EITC: it increases the penalty for the working poor to improve their lot. The EITC phases out as income increases. When you take the phase-out into account, the marginal tax rate — the effective rate on each additional dollar of income earned — goes through the roof.
Using a standard income tax projection software, I figured the marginal tax rate of a single taxpayer with three children and self-employment income. I used self-employment income to capture the payroll tax effects of additional earnings that are hidden for wage earners. The results are charted below:

Click to enlarge
The federal marginal tax rate reaches 48%. The Iowa marginal rate rises as high as 10.04%. Considering the highest federal and Iowa regular tax rates for high-income earners are 35% and 8.98%, that’s a real handicap on the working poor trying to improve their lot. It ‘s a big unintended incentive to the poor to keep their income low.
The situation gets even worse if you take into account other means-tested welfare benefits. The loss of these benefits can cause marginal tax rates for the working poor to exceed 100%.
It would be nice if the legislature would consider the disincentives they create for emerging from poverty. Unfortunately, giving away money is enough for them to campaign on.
Related: Can you cut taxes for people who don’t pay taxes?

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Branstad to embrace EITC boost to pass property tax reform?

Friday, February 10th, 2012 by Joe Kristan

That’s the way it’s looking. O. Kay Henderson reports:

What Branstad envisions is a larger tax deal that would include reducing commercial property taxes.

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What’s the opposite of tax reform?

Monday, February 6th, 2012 by Joe Kristan

Martin Sullivan at Tax Analysts loses hope that the Obama administration will attempt tax reform:

It wouldn’t be so bad if Obama simply remained a lackadaisical supporter of tax reform. But his proposals are actually moving us in the opposite direction. As the election approaches, he and his advisers are feeling the need to dish out new tax breaks. So the president who on national television shouted at Congress to “get rid of the loopholes” now wants to add a bunch of new loopholes of his own.

Instead of cleaning up code and lowering rates, we see a batch of focus-group inspired tax breaks:

Just as with Clinton’s parade of tax breaks, the growing list of Obama’s special benefits includes features that are absurdly complex. The president wants to double the tax deduction currently available to manufacturing in the case of “advanced manufacturing technologies.” It has been difficult enough to figure out how to differentiate manufacturing from other businesses under section 199. What in the world is “advanced manufacturing technology”? Are we talking about technologically advanced production processes or about technologically advanced products? If a product or production line includes advanced technology, is the entire product or production line eligible for the benefit, or just the components with the advanced technology features?
The questions are endless. There will certainly be major disputes between the IRS and taxpayers. We can add a nice, new chapter to the book on everything we hate about tax law.

Unfortunately the tendency to make the tax law more difficult to enact pretty-sounding tax breaks isn’t confined to Washington. While the President and the Governor of Iowa are from different parties, they both are proposing to jerry-rig new narrow breaks to an already byzantine tax law. In Iowa, ESOPs are the flavor of the month. And, of course, special tax breaks do more harm than good. From Mr. Sullivan:

Only in exceptional circumstances do violations of tax neutrality promote growth. Just because these tax breaks are well intentioned and targeted to sympathetic causes does not make them exceptional.

Iowa, with the nation’s highest corporate rate and one of its most complicated tax laws, would do much better with simplicity and lower rates — with the Quick and Dirty Iowa Tax Reform, for example.
Link to Tax Analysts content courtesy of their special arrangement with the TaxProf. Tax Notes subscribers can follow this link.
UPDATE, 2/8: Free link to Sullivan story at Tax.com.

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