Rationale for LWVTN Support of Tax Modernization

and Fiscal Stimulus Act, SB 2054 Tate, HB 2182 Turner

 

The pertinent sections of the LWVTN position are as follows; issues especially relevant to the Act are shown in bold:

FINANCING STATE AND LOCAL GOVERNMENT

POSITION: The League supports a balanced system of taxation that considers the ability of the taxpayer to pay and which produces sufficient revenues to fund essential services. Constitutional taxation provisions should be broad and sufficiently flexible to meet future revenue needs. Therefore the state position includes the following:

State Income Tax: The League supports a broad-based personal income tax and repeal of the Hall income tax in order to enhance the equity and balance of the tax structure and to produce adequate state and local government revenue. An occupational privilege tax (payroll tax) and retention of the Hall income tax is a less desirable second choice. The League opposes the levy of local option income or payroll taxes. The corporate excise (income) tax should be retained. The statewide income tax should be adopted by Legislative action rather than Constitutional amendment. For this reason, a flat-rate tax with a standard deduction and personal exemptions sufficient to reduce regressivity would be acceptable.

Sales Tax: The League opposes continued and increased reliance on sales tax for revenue. The local option sales tax rate should be no higher than currently authorized at 50 percent of the state levy. The sales tax on food for home consumption should be eliminated; broadening of the sales tax base and any raise in rate should be contingent upon the exemption of tax on food.

. . . . . . . . . . .

Intergovernmental Revenue: A percentage of statewide personal income tax proceeds should be transferred to local government(s) earmarked principally for public education. State services mandated and performed by local government should be fully state funded. State/local transfer formulas should be equitable and consider the recipient local government's tax capacity and effort.

The League used the following criteria to evaluate a system of taxation:  ability of the taxpayer to pay, diversity of revenue sources, economy of administration, simplicity and convenience, certainty, sufficiency, and elasticity. 

Each tax should be considered and evaluated in relationship to all other state and local taxes. No single tax will meet all of the above criteria.

 

TAX MODERNIZATION AND FISCAL STIMULUS ACT

The most important features of the proposed bill are as follows:

 

  1. Eliminates the sales tax on food and food ingredients.
  2. Lowers the average general sales tax (from the current 9.25% - 9.75%) to a universal rate to 6.75 and eliminates the local option sales tax.
  3. Holds local governments harmless.
  4. Repeals the Hall tax on investment income.
  5. Enacts a graduated income tax that has a front-end exemption of $17,500 for individual filers, $35,000 for a couple filing jointly, and a $2,500 deduction for each dependent.  This means that a family of four would not pay any income tax on the first $40,000 of income.  Under the legislation there will be six tax brackets with rates from 5.5% to 7.75%, with the marginal rate for the top bracket applying only on that income in excess of $260,000 for a family of four.
  6. Raises more than $1 billion to meet the current budget shortfall and future shortfalls after the federal stimulus funds expire.

This plan will provide much needed tax breaks to 60% of Tennesseans, those low- and middle-income families most likely to put that money back into the local economy. For example:

  • A family of four making $20,000 will save over $550 per year.
  • A family of four making $35,000 will save over $700 per year.
  • A family of four making $50,000 will save $475 per year.
  • A family of four making $60,000 will save $200 per year.
  • A family of four making $70,000 would pay $160 per year more.
  • Families will not hit the top income tax bracket until they make over $260,000/yr.

These provisions are consistent with the League’s position in support of “a broad-based personal income tax and repeal of the Hall income tax in order to enhance the equity and balance of the tax structure and to produce adequate state and local government revenue,” opposition to “continued and increased reliance on sales tax for revenue,” and support for the elimination of the sales tax on food.  They are also consistent with the League’s support for sharing such revenues with local governments.  They meet the League’s criteria for evaluating a tax, especially regarding of ability to pay, sufficiency and elasticity.

 

(Note:  While the League position states that a flat rate tax would be acceptable, it does not imply that this was the League’s first choice; the understanding at the time this position was adopted was that a flat tax would be deemed more constitutionally acceptable than a graduated tax.  However, current interpretation of the constitution is that a graduated tax would also pass muster.)