Tax
changes in the 2009 Legislative Session: proposals, vetoes and unallotment
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The Legislature and Governor disagreed on the role of taxes in
resolving the state’s budget shortfall
The primary challenge of the 2009 Legislative Session was to address
Minnesota’s considerable $6.4 billion budget deficit for the
upcoming two-year budget cycle (the FY 2010-11 biennium).1 This deficit
equals 17 percent of the state’s general fund. Increased federal
funding for health care contained in the economic recovery act reduced
the shortfall to a still daunting $4.6 billion. When
facing a budget shortfall, the state has three primary tools it
can use: raising revenues, cutting spending and using one-time measures.
In the 2009 Legislative Session, policymakers had to determine how
much tax increases would be part of the solution to the state’s
shortfall, and also whether to make changes to the “aids and
credits” portion of the budget, which includes state aid to
cities, counties and towns, as well as tax credits and deductions
available to taxpayers. Including tax increases as part of the deficit
solution would allow policymakers to balance the budget without
making as deep of cuts into critical services as otherwise would
be necessary.
Policymakers were making these decisions in a context where Minnesota’s
tax system is a smaller share of the economy than a decade ago.
The average share of income that Minnesotans pay in state and local
taxes dropped by 13 percent from 1996 to 2006.2
The rising regressivity of Minnesota’s state and local tax
system was also a concern to many policymakers. When a tax system
is regressive, low- and middle-income people pay a larger share
of their incomes in taxes than those with the highest incomes. In
2006, the wealthiest one percent of Minnesota households —
those with incomes over $448,000 — paid 8.9 percent of their
incomes in state and local taxes, compared to the average of 11.2
percent.3
The legislature and Governor had a strong difference of opinion
on these questions, and ultimately did not come to agreement before
the end of the 2009 Legislative Session. The Governor then chose
to end negotiations and resolve the $2.7 billion state budget shortfall
that remained at the end of session through unilateral action under
the unallotment process.
This document evaluates how proposals in the major tax areas would
address the two critical questions raised above: how much revenue
our tax system will raise, and what degree of fairness there will
be. It compares the Governor’s budget, the Senate omnibus
tax bill, the House omnibus tax bill, final tax legislation passed
by the Legislature, and the Governor’s unallotment plan.
What was proposed, and what passed?
In his budget, the Governor proposed a package of new tax cuts and
deep cuts to aids and credits that would have shaved $237 million
off the budget shortfall.4 (In contrast, the Senate’s
tax plan reduced the deficit by $2.6 billion and the House’s
by $1.8 billion.) The Governor proposed $292 million in tax cuts,
with the largest item being cutting the corporate tax rate in half.
The Governor
proposed the largest cuts to aids and credits and other tax expenditures.
His budget would have cut $529 million in this area in FY 2010-11,
making deep cuts to aids to counties and cities and property tax
credits to renters. A significant portion of these reductions would
have been used to pay for the new tax cuts. In contrast, the House
omnibus tax bill proposed cutting aids and credits by $274 million
and the Senate by $25 million.
The Minnesota House and Senate each passed omnibus tax bills that
increased taxes, but also made some cuts to aids and credits, as
part of a balanced approach to resolving the state’s budget
shortfall. These bills also sought to reverse the rising regressivity
of the state’s tax system. Both the House and Senate put an
emphasis on the income tax, the only one of the state’s major
taxes based on ability to pay, and each proposed a new fourth income
tax bracket on the highest-income households. The Senate also proposed
increasing income tax rates on the existing three brackets. The
House omnibus tax bill repealed a range of income and corporate
tax credits and deductions and raised taxes on tobacco products
and alcoholic beverages.
The differences between the House and Senate omnibus tax bills
needed to be resolved through a conference committee. The tax conference
committee process produced three tax bills:
- On May 8, several items under consideration in the tax conference
committee were passed by the legislature as HF 885. This bill
included a new income tax rate on the highest-income Minnesotans,
increases in alcohol taxes, a surtax on income raised through
excess interest rates, and increased tax compliance initiatives.
This bill was vetoed by the Governor.
- On May 12, tax provisions that were noncontroversial and had
little fiscal impact were passed as HF 1298. This bill was signed
by the Governor.
- In the final moments of the legislative session, the tax conference
committee completed a brief conference committee report on HF
2323, which included increases in the same three tax areas as
in HF 885, but also included two tax cuts and a payment shift
for school funding. This bill was passed by the legislature but
also vetoed by the Governor.
Table 1: Revenue-Raising Bills Vetoed by the Governor (Impact
in FY 2010-11)
| Revenue Provision |
HF 885 |
HF 2323 conference report
|
| Create 4th
tier income tax bracket |
$516
million |
$516
million |
| Surtax on
excess interest income |
$216
million |
$216
million |
| Increase taxes
on alcoholic beverages |
$241
million |
$286
million |
| Additional
tax compliance initiatives (net) |
$14
million |
$14
million |
| Up-front capital
equipment sales tax exemption |
-
|
-$75
million |
| Angel investment
credit |
-
|
$05
|
| Total: |
$987 million
|
$958 million
|
Governor Pawlenty closes deficit through unallotment
The fact that the Governor and Legislature were unable to come
to a negotiated compromise meant that the legislative session ended
with $2.7 billion of the FY 2010-11 deficit unresolved. Governor
Pawlenty used his unallotment authority to unilaterally make spending
cuts and timing shifts to balance the budget. The Governor’s
unallotment plan uses $572 million in changes in taxes and aids
and credits to balance the budget. The major provisions include:
- Raising $106 million in FY 2010-11 by asking the State of Wisconsin
to reimburse the State of Minnesota sooner under an existing reciprocity
agreement. Under the agreement, Wisconsin residents who work in
Minnesota file their state income taxes in Wisconsin, and Wisconsin
remits those taxes to Minnesota, and visa versa. There is currently
a 17-month delay in receiving those payments. (Since the Governor
announced his unallotment plan, the reciprocity agreement has
been ended altogether, raising an estimated $131 million.)
- Delaying $63 million in refunds for business purchases of capital
equipment that occur at the end of FY 2011 by up to three months.
- Delaying $42 million in corporate tax refunds that occur at
the end of FY 2011 for up to three months.
- Eliminating the Political Contribution Refund (PCR) for the
FY 2010-11 biennium. The PCR is a component of the state’s
campaign finance system that provides refunds for small donations
to candidates or political parties.
- Cutting the Renters’ Credit, a state property tax refund
for low- and moderate-income renters, by $51 million in FY 2011.
- Cutting $300 million from aids to local governments.
Unallotment does not settle the debate
The Governor’s unallotment decisions are only in effect for
FY 2010-11, and the state’s budget shortfalls are ongoing.
The debate about taxes in Minnesota will continue, and proposals
like those put forward this year are likely to be part of the discussion
in future legislative sessions.
Looking at the details
Proposals in each major tax area are described below, comparing
the Governor’s budget, Senate omnibus tax bill (SF 2074) and
House omnibus tax bill (HF 2323), as summarized in Table 2. The
final tax legislation passed by the Legislature and the Governor’s
unallotment plan are also described.
Table 2: General Fund Impact of Omnibus Tax Proposals (in millions)
|
|
FY
2010-11
|
FY
2012-13
|
|
|
House
|
Senate
|
Gov.
|
House
|
Senate
|
Gov.
|
|
Individual Income Tax
|
$914
|
$2,168
|
-$106
|
$1,130
|
$1,981
|
-$11
|
|
Corporate Franchise Tax
|
$133
|
$36
|
-$107
|
$182
|
$59
|
-$392
|
|
Provisions Impacting Both Individual Income Tax
and Corporate Franchise Tax
|
$0
|
$206
|
$0
|
$0
|
$182
|
$0
|
|
State Property Tax
|
$5
|
$229
|
$0
|
$7
|
$445
|
$0
|
|
Sales and Use Tax
|
$15
|
-$52
|
-$75
|
$13
|
$9
|
-$20
|
|
Tobacco, Alcohol, Estate and Other Taxes
|
$457
|
$10
|
-$4
|
$508
|
$17
|
-$20
|
|
Total
Revenue Changes (positive numbers are an increase in revenue)
|
$1,523
|
$2,597
|
-$292
|
$1,840
|
$2,693
|
-$443
|
|
Property Tax Credits and Refunds
|
$0
|
-$4
|
-$51
|
-$1
|
-$5
|
-$104
|
|
Aids to Local Governments
|
-$283
|
-$31
|
-$443
|
-$396
|
-$65
|
-$469
|
|
Other Property Tax Changes, Appropriations, Shifts
and Interactions
|
$9
|
$10
|
-$36
|
$29
|
-$2
|
-$32
|
|
Total
Expenditures (negative numbers are a reduction in spending)
|
-$274
|
-$25
|
-$529
|
-$367
|
-$69
|
-$605
|
|
Net
(Revenues – Expenditures)
|
$1,797
|
$2,622
|
$237
|
$2,207
|
$2,762
|
$162
|
Income Taxes
Both the House and Senate proposed using the income tax as the primary
means for raising revenues in their omnibus tax bills, with the House
raising $914 million in FY 2010-11 through the income tax and the
Senate $2.2 billion. Both the House and Senate proposed creating a
new fourth income tax bracket in order to address the fact
that the highest-income Minnesotans pay a smaller share of their incomes
in total state and local taxes than other Minnesotans. The Senate
created a new 9.25 percent tax rate on taxable income over $250,000
for a married couple. The House proposed a nine percent tax rate on
taxable income over $300,000 for a married couple, which would have
raised $470 million in FY 2010-11.6
In the course of the debate, questions were raised as to how small
businesses would be impacted by the creation of a fourth tier income
tax bracket. An analysis by the Minnesota Department of Revenue
found that only 5.7 percent of households with small business income
would pay any additional taxes due to a new income tax rate on $250,000
of taxable income for married couples.7
The Senate also proposed to increase income tax rates in the existing
three brackets, as Table 3 illustrates. These rate changes are sometimes
described as “rolling back” the rates to where they
were in 1998, before the income tax rate cuts made in 1999 and 2000.
The Senate proposal would have returned income tax rates to the
levels in effect in 1998 for the first and third bracket. The new
rate in the second bracket would have been less than the 8.0 percent
rate existing in 1998.
Table 3: Senate Proposed Income Tax Rates
| 2009
Tax Bracket |
Taxable
Income |
Current
Rate |
Proposed
Rate |
| 1st |
Taxable
income up to:
$22,730
single
$27,980
head-of-household
$33,220
married filing jointly
|
5.35% |
6.0% |
| 2nd |
Taxable
income of:
$22,731-$74,650
single
$27,981-$112,420
head-of-household
$33,221-$131,970
married filing jointly
|
7.05% |
7.7% |
| 3rd |
Taxable
income over:
$74,650
single
$112,420
head-of-household
$131,970
married filing jointly
|
7.85% |
8.5% |
| 4th
(new bracket) |
Taxable
income over:
$141,250
single
$212,500
head-of-household
$250,000
married filing jointly
|
7.85% |
9.25% |
The Senate’s new fourth income tax bracket and the other
income tax rate increases together would have raised $2.2 billion
in FY 2010-11, or 84 percent of the revenue raised in the Senate
omnibus tax bill. The rate changes and the new fourth income tax
bracket were temporary, and would have blinked off once they were
no longer needed to balance the state’s budget.8
The compromise tax bills passed by the legislature (HF 885 and
the HF 2323 conference report) created a hybrid between the House
and Senate approaches for a fourth tier income tax: a 9 percent
rate on taxable income over $250,000 for a married couple, raising
$516 million. This rate would have expired after tax year 2013 if
the 2013 February Forecast showed a surplus of at least $500 million.
The remaining tax brackets were unchanged. But these bills were
vetoed by the Governor, and no changes to income tax rates were
passed into law this year.
The House proposed raising a net of $544 million in FY 2010-11
by eliminating many income tax deductions and credits
(often called “tax expenditures”), and replacing some
of them with three new credits. The itemized deductions for mortgage
interest and charitable giving would have been eliminated but replaced
with new credits, making the tax benefit available to more taxpayers,
not just those who itemize. But the statewide total amount of tax
reduction provided by the new mortgage interest credit and the charitable
giving credit would have been smaller than what is now provided
through those deductions.
The K-12 education credit and child and dependent care credit would
also have been eliminated, but replaced with a new Minnesota Child
Credit for low- and moderate-income families of up to $200 per child,
and an increase in funding for basic sliding fee child care assistance.
Other deductions and credits that would have been eliminated under
this proposal include the federal itemized deduction for real property
taxes, K-12 expense deduction and the lower-income motor fuels credit.9
The Senate proposed just a few changes to income tax deductions
and credits. It repealed the low-income motor fuels tax credit and
eliminated the tax deduction for mortgage interest paid on a second
home, which together would have raised $201 million in FY 2010-11.
None of these proposed changes to income tax deductions and credits
were passed in the 2009 Legislative Session. However, the Governor
eliminates the Political Contribution Refund (PCR) for
the FY 2010-11 biennium under unallotment. The PCR provides a refund
of up to $50 per individual for qualified donations to state political
parties or candidates. This action saves the state $10 million,
and had been proposed in the Governor’s budget.
Each year the state must decide whether to conform Minnesota’s
tax law to recent federal tax changes. Some federal conformity
provisions affecting tax year 2009 moved separately from the larger
tax discussion as HF 392. During the remainder of the legislative
session, several federal conformity provisions related to the income
tax remained under consideration, including the exclusion of up
to $2,400 of unemployment compensation from income taxes in tax
year 2009. The Governor, House and Senate adopted this provision,
which would have resulted in a one-time cost of $28 million in FY
2010-11. However, this provision was not included in HF 1298, which
contained the remainder of the tax conformity items that became
law this year.
Corporate taxes and other taxes on business income
The Governor, House and Senate took very different approaches to
corporate taxes and other taxes on business income. (Some businesses
pay taxes on their profits through the corporate tax, while others
pay their taxes through their owners’ or shareholders’
individual income taxes.)
The Governor proposed cutting corporate taxes by $103 million in
FY 2010-11, while the Senate would have raised them by $26 million
and the House by $127 million. The Senate proposed raising an additional
$216 million in income and corporate taxes through a provision to
raise taxes on income earned by charging interest higher than 15
percent. This provision was included in the two compromise tax bills
that were vetoed by the Governor.
The largest of the Governor’s proposed tax cuts would have
cut the state’s corporate tax rate in half over six
years, costing the state $100 million in FY 2010-11, $390
million in FY 2012-13 and more in future years.
The House and Senate did not propose changes to the corporate tax
rate, but they did propose changes to what income is subject to
tax – in some cases, closing some special preferences, in
other cases providing new exemptions.
The House included proposals to address items they consider business
tax preferences that benefit only certain kinds of businesses.
This included repealing Foreign Operation Corporations, the foreign
royalty subtraction, changing treatment of corporate income related
to tax havens, creating an addback for Minnesota development subsides,
and ending income tax and corporate tax exemptions under the JOBZ
program. Because of the changes to JOBZ, the House would have allowed
businesses to withdraw or renegotiate their JOBZ agreements. (The
Senate proposal would not have allowed any new JOBZ designations
after April 30, 2009, which would have raised $4 million in FY 2010-11.)
In exchange for eliminating preferences for particular businesses,
the House argued that proposed two tax changes aimed at helping
a wider range of businesses, called Single Sales Factor and Section
179 expensing. The House (and Governor) proposed conforming to federal
changes to Section 179 expensing, which allows
businesses to deduct more of the cost of capital equipment from
taxes in the year the equipment is put into service, rather than
spreading out that deduction over many years. This proposal would
have meant a $22 million tax reduction in FY 2010-11.10
Single Sales Factor relates to the way that a
multistate business is subject to tax. Many states use a three-factor
formula to determine what portion of a multistate corporation’s
income is subject to the state’s corporate income tax. Minnesota
previously had an apportionment formula that was based 75 percent
on the amount of a corporation’s sales made in the state and
12.5 percent each on the share of a company’s property and
payroll in the state. Legislation passed in 2005 is changing this
formula over an eight-year period so that by 2014, apportionment
will be based completely on sales (a “Single Sales Factor”
formula). The House proposed speeding up the process so that Single
Sales Factor would have been in place for tax year 2009, which would
have cut corporate taxes by $58 million in FY 2010-11.
The Governor did not propose any changes to current law, while
the Senate took an entirely different approach. The Senate omnibus
tax bill froze the state’s transition to Single Sales Factor,
so that apportionment would be based 81 percent on sales. This would
have raised $26 million in FY 2010-11.
Although proponents argue that the Single Sales Factor formula
will help businesses, in fact, some Minnesota corporations would
see a tax cut and others would experience a tax increase. Fiscal
analysts with the House of Representatives found that had Single
Sales Factor been in place in 2004, just nine percent of corporations
who file corporate taxes in Minnesota, or 4,500 corporations, would
see a tax cut.11 But 13 percent, or 6,500 corporations,
would pay higher taxes under Single Sales Factor. The majority of
corporations would see no impact. Generally, companies with production
facilities concentrated in Minnesota but who sell to a national
market benefit from Single Sales Factor, but tax increases would
fall on manufacturing companies with a significant amount of sales
in Minnesota but small amounts of their total production facilities
and employees located in the state.
No changes to corporate tax rates or the apportionment formula
were passed into law in 2009. However, under unallotment, payments
of corporate tax refunds that occur at the end of FY 2011 will be
delayed by up to three months, moving $42 million of state costs
from FY 2011 into FY 2012.
The Senate omnibus tax bill created a new surtax on excess
interest income, raising an estimated $216 million in FY
2010-11. For transactions with an interest rate over 15 percent,
this would have imposed a 30 percent tax on the portion of income
generated the interest that exceeds 15 percent. As mentioned above,
this provision was included in the two compromise tax bills that
were vetoed by the Governor.
The Senate would have created a new exemption from the income tax
of 10 percent of pass-through income (from partnerships and S-Corporations)
for four years. Under existing tax rates, the exemption would have
amounted to a $160 million tax cut in FY 2010-11. Taking into account
the higher tax rates proposed in the Senate’s bill increases
the proposed tax cut to $184 million.
The Governor, House and Senate all included proposals to provide
tax incentives for investors and business investment. Some examples
include:
- The Governor created a new Green JOBZ initiative to provide
twelve years of tax incentives for companies that “create
renewable energy, represent manufacturing equipment or services
used in renewable energy, or that create a product or service that
lessens energy use or emissions.”
- The House expanded the Research and Development Credit and
allowed it to be taken on the individual income tax.
One such provision – an angel investment credit – was
included in the HF 2323 conference report. This legislation was
vetoed by the Governor, and no major changes to business tax incentives
were passed into law this year.
Alcohol and Tobacco Taxes
The House proposed tax increases on alcohol and tobacco products
that would have raised a cumulative $420 million in FY 2010-11. Tobacco
and alcoholic beverage excise taxes are set at a certain number of
cents per unit. In this way they differ from the general sales tax,
which is a percentage of the sales price. As a result, tobacco and
alcohol excise taxes do not automatically increase as prices rise
with inflation. Alcoholic beverage excise tax rates have not been
raised since 1987.
The House raised $211 million in tobacco taxes through a 54 cent
a pack increase on cigarettes and changes to other tobacco taxes.
Another $209 million would have been raised by a proposed increase
in the gross receipts tax paid on alcoholic beverages at the retail
level from 2.5 percent to 5.0 percent, and increasing the alcoholic
beverage excise tax by about a penny a drink for most kinds of alcohol
and about three cents a drink for distilled spirits.
HF 885 and the tax conference committee report raised $241 million
and $286 million respectively through modified versions of the House’s
alcohol tax proposals. But these bills were vetoed by the Governor,
so no changes to these taxes were passed in 2009.
General sales taxes
There were few proposed changes to the general sales tax this session.
One perennial topic that was again discussed this year was the tax
exemption for business purchases of capital equipment. Many tax experts
argue that sales taxes should apply only to the final purchase of
a product by the consumer and not be collected on the materials used
by a business to create the final product. Under current Minnesota
law, purchases of capital equipment by businesses are exempt from
the sales tax. However, a business must pay the sales tax when they
purchase capital equipment and then apply for a refund. The Senate
and Governor proposed allowing businesses to receive the tax exemption
when they purchase their capital equipment. This proposal would have
cost the state $75 million in FY 2010-11, but only $20 million in
FY 2012-13. This is because the change primarily impacted the timing
of when the tax exemption is received. This provision was also included
in the tax conference committee report that was vetoed by the Governor.
The House and Senate both attempted to level the playing field
between online and “bricks and mortar” businesses. The
Senate and House omnibus tax bills included a provision to expand
the definition of business nexus to enable sales tax collection
on some purchases made on the internet. This change would have only
applied to out-of-state businesses that contract with a Minnesota
person or company to advertise its business in Minnesota. This would
have raised an estimated $23 million in FY 2010-11. The House omnibus
tax bill also expanded the state sales tax to include digital downloads
(such as downloads from iTunes), which would have raised about $4
million in FY 2010-11.
The House also proposed narrowing the current sales tax exemption
on electricity and natural gas used for home heating. Currently
these purchases are exempt from sales tax from November through
April. This provision would have collected the tax once an above-average
amount of usage has been exceeded, raising $34 million in FY 2010-11.
None of the proposed changes to the general sales tax were passed
into law in 2009. However, under unallotment, the payment of capital
equipment sales tax refunds will be temporarily delayed by up to
three months, shifting $63 million in refund payments from FY 2011
into FY 2012.
Property taxes
Property taxes are primarily a revenue source for local governments,
not the state. However, the state influences property taxes in several
ways. The state provides property tax credits directly to taxpayers.
The state also provides aid to local governments, with the goal
of lowering property taxes and ensuring that even local governments
with low property wealth can provide a basic level of service. And
the state sets parameters about how property taxes are determined
on various types of properties and limits how much local governments
may raise in total property taxes.
From 2002 to 2009, homestead property taxes grew by around 39 percent,
after adjusting for inflation,12 and increased reliance on local property
taxes is one of the contributors to increased inequity in the state’s
tax system. Given this trend, policymakers have put more focus on
property taxes in recent years.
The Governor proposed deep cuts to the “aids and credits”
portion of the tax budget. This includes aids to local governments
as well as the state’s Property Tax Refund for renters. The
House omnibus tax bill proposed significant cuts in local government
aid, though less than the Governor. The House would have also given
local governments more flexibility in mandated spending and in local
revenue-raising. The Senate proposed cutting aids to local governments
much less than the House or Governor. The House and Senate also
rejected the Governor’s proposed cuts to the Renters’
Credit.
The Legislature did not enact any cuts to this portion of the
budget, but under unallotment, the Governor will implement his proposed
cut to the Renters’ Credit as well as a $300 million cut to
aids and credits to local governments.
Although property taxes are largely a local funding source, the
state uses tax credits and refunds to reduce property
taxes for certain taxpayers. There are two primary property tax
credits that lower property taxes for Minnesota households.
- The Property Tax Refund (PTR) is a refundable
credit for homeowners and renters below certain income limits
whose property taxes are high in comparison to their income. The
PTR for homeowners is commonly called the Circuit Breaker, and
the PTR for renters is called the Renters’ Credit.
- The Homestead Market Value Credit directly
reduces a homeowner’s property taxes through a credit on
the property tax bill. The state normally reimburses the locality
for the lost revenue. (There is also a similar Agricultural Market
Value Credit.)
The House proposal would have reduced the Market Value Credit,
which is based on home value, and increased the Circuit Breaker,
which is based more on household income. The House proposed increasing
the Circuit Breaker by $19 million. This is a six percent increase,
and it would have been achieved through two changes:
- Increasing the maximum amount of credit by 10 percent.
- Making it a little easier for households with incomes between
$18,120 and $67,909 to qualify, and providing these households with
a larger credit.
The Senate proposed eliminating the targeted property tax refund,
which provides a refund for homeowners whose property taxes grow
significantly in one year. Unlike the Circuit Breaker, the targeted
property tax refund has no income limit to qualify. This proposal
would have saved $4 million in FY 2010-11.
No major changes to the Circuit Breaker or Market Value Credit
were passed in the 2009 Legislative Session.
In his budget, the Governor proposed cutting the Renters’
Credit by 27 percent, which amounted to a $51 million cut in FY
2010-11 and a $104 million cut in FY 2012-13. The Renters’
Credit recognizes that, although the owners of rental properties
are legally responsible for paying the taxes on that property, a
portion of the tax is passed on to renters in the form of higher
rent. The Renters’ Credit helps minimize the impact of rental
property taxes – among the most regressive taxes in Minnesota
– on low- and moderate-income households.
The House and Senate rejected the Governor’s proposal to
cut the Renters’ Credit. However, the Governor is implementing
his proposed cut to the Renters’ Credit in FY 2011 only. Nearly
281,000 Minnesota households will see a cut in their Renters’
Credit, the average Renters’ Credit will be reduced by $163,
and 18,200 households will lose their Renters’ Credit completely.
Twenty-eight percent of households receiving the Renters’
Credit include seniors or people with severe disabilities.
During a recession, financial assistance to low-income families
is one of the most effective economic stimulus tools the government
has because these individuals are likely to spend those dollars
quickly and locally. The Renters’ Credit is one of these tools.
The state provides general aid to local governments in order to
reduce local property taxes and to ensure that all local governments
— regardless of their level of local property tax wealth —
have sufficient revenues to provide adequate services. These aids
come through two primary funding streams.
- In 2008, 93 percent of Minnesota cities received such assistance
through Local Government Aid (LGA). LGA is distributed through a
formula that tries to take into account a city’s ability to
raise revenues locally and local needs.
- All of Minnesota’s 87 counties receive general state
aid through County Program Aid.
Aids to local governments have seen significant changes over time
as the state has faced large budget deficits. For example, aids
to local governments in the FY 2004-05 biennium were cut by about
a quarter compared to base funding during the 2003 Legislative Session.
In December 2008, the Governor used unallotment to cut Local Government
Aid and County Program Aid for FY 2009 by $98 million.
In addition, the state reimburses local governments for the lost
revenues from the Market Value Credit (MVC). While not a state aid
in the same way the state provides assistance through LGA or County
Program Aid, this is another way that the state provides funding
to local governments, and here too cuts have been made. The MVC
was cut by $13 million for FY 2009 under unallotment actions taken
by the Governor in December 2008.
Table 4: Cuts in Major Aids to Local Governments (in millions)
|
|
FY 2010-11
|
FY 2012-13
|
|
|
House |
Senate |
Gov. |
House |
Senate |
Gov. |
| Local Government
Aid (cities) |
-$91 |
-$11 |
-$245 |
-$64 |
-$24 |
-$259 |
| County
Program
Aid and utility transition aid |
-$147 |
-$15 |
-$125 |
-$283 |
-$31 |
-$132 |
| Market Value
Credit Reimbursements |
-$45 |
-$5 |
-$72 |
-$48 |
-$11 |
-$78 |
| Total13 |
-$283
|
-$31
|
-$443
|
-$396
|
-$65
|
-$469
|
Table 4 summarizes the proposed cuts in state aid to local governments.
The Governor proposed the deepest cuts: a cumulative cut of $443
million in FY 2010-11 and $469 million in FY 2012-13. Under his
budget, County Program Aid was cut by 27 percent and Local Government
Aid by 23 percent, compared to base funding. The $125 million reduction
in County Program Aid assumed that counties would earn back a significant
portion of a larger $183 million cut by moving towards regional
human service delivery. The Governor also proposed cutting reimbursements
for the Homestead Market Value Credit by 13 percent.
The House also proposed cutting aids to local governments significantly:
$283 million in FY 2010-11 and $396 million in FY 2012-13. Counties
would have faced deeper cuts in County Program Aid in the FY 2012-13
biennium than proposed by the Governor, but the House proposed giving
counties the option of raising a 0.5 percent sales tax, as well
as a $20 per vehicle excise tax on motor vehicle sales made in the
county.14 If the county did not enact a local sales tax,
the cut in County Program Aid would have been 3.58 percent of their
total levy plus aid. The Senate proposed the least cuts to aids
to local governments.
The legislative session ended without any agreed-upon changes to
aids to local governments. The Governor’s unallotment plan
includes $300 million in cuts to aids to local governments. One-third
of the reductions will be to counties and the remainder to cities
and townships.
The total amount of property taxes raised by a local unit of government
is called its levy. At times the state has put in place levy
limits, which limits how much the levy can grow from year
to year. In 2008, the legislature and Governor agreed to increase
aids to local governments — restoring some of what was cut
in 2003 and 2004 — but also instituted levy limits. Many lawmakers
argued that once the Governor cut local aids through unallotment
in December 2008 and proposed deeper cuts in his budget, that deal
had been broken and therefore levy limits should also be lifted.
The Senate would have lifted levy limits on both cities and counties.
The House would have lifted levy limits on cities in 2009 and on
counties in 2010. None of these changes were passed into law this
legislative session.
While property taxes are primarily a local funding source, commercial,
industrial, most public utilities, cabin and unmined iron ore properties
are subject to a state property tax. Currently,
the total amount raised by the state property tax grows by the rate
of inflation each year. In addition to the inflationary increase,
the Senate proposed increasing the state property tax paid by $229
million in FY 2010-11 and $445 million in FY 2012-13 by freezing
the tax rate at 2003 levels, instead of letting it fall as it would
under current law. It would also have exempted cabins from the state
property tax.
The House would have removed the exemption for airports from the
state property tax, raising $5 million in FY 2010-11. No changes
were made to the statewide property tax in the 2009 session.
Impact of proposals on tax fairness
As mentioned above, Minnesota’s tax system has become more
regressive over time, and both bodies of the legislature made reversing
this trend an explicit goal of their tax bills.
Minnesota cannot make progress on revenue adequacy if all regressive
taxes are simply taken off the table. Instead of rejecting a tax
package because it contains some regressive elements, the important
question instead is whether a tax bill as a whole is progressive.
An increase in overall fairness can be achieved by a tax package
in which the progressive income tax is large enough to offset the
other regressive taxes. Improvements in tax fairness can also be
achieved through targeted tax credits to ensure that low-income
taxpayers do not shoulder a disproportionate share of taxes.
Both the House and Senate took this approach. Their bills contained
changes in the income tax that would make the tax system more progressive.
These progressive income tax proposals were big enough that they
appear likely to offset the regressive provisions in the bill. Progressive
income tax increases made up over half of both bodies’ omnibus
tax bills and the two revenue-raising bills developed by the tax
conference committee.
Clearly the fourth tier income tax proposals passed by the legislature
would have made the income tax more progressive. In addition, the
Senate raised rates on all brackets and the House reformed a large
number of tax deductions and credits, noting that the benefit of
tax expenditures predominately goes to higher-income households.
Analysis by the Minnesota Department of Revenue found that the income
tax provisions in both House and Senate omnibus tax bills would
have significantly reduced the regressivity of the state’s
tax system.15
The Senate’s omnibus tax bill proposed raising the statewide
business property tax, and was also the origin of the surtax on
excess income that was included in the final tax legislation passed
by the legislature. The impact of these proposals is less clear.
The surtax on excess income is a new idea, and its impact has not
been modeled. However, since higher interest rates are frequently
levied on higher-risk loans, it may have a more regressive impact
than a general sales tax. And while the Minnesota Department of
Revenue’s Tax Incidence Study assumes that business taxes,
including corporate taxes and property taxes paid by businesses,
are regressive, there is no consensus among economists as to the
final incidence of business taxes.
Legislative tax proposals included increases in regressive taxes
as well. The House bill included increases in alcohol, tobacco and
local sales taxes.
So the big question is whether the income tax provisions in the
proposed tax packages were sufficient to outweigh the regressive
tax increases, and bring about a net increase in progressivity of
the system. More sophisticated modeling would be needed for a more
precise figure, but a rough analysis looking at the size of the
different tax components and their relative regressivity suggests
that the legislative omnibus tax bills, as well as the two tax bills
that came out of the tax conference committee, would have made the
tax system more progressive.
The Governor did not have rebalancing the tax system as an explicit
goal, and since his tax proposal overall was relatively small, it
is unlikely it would have had a dramatic impact on the overall regressivity
of the tax system. However, his regressive proposal to cut the Renter’s
Credit made up over 21 percent of the total impact of his bill,
and the entire impact of that proposal lands on low- and moderate-income
Minnesotans.
More tax debate lies ahead
During the 2009 Legislative Session, there was a
robust debate about the state’s tax system. Each body of the
legislature passed three tax bills that proposed using taxes as
part of a balanced approach to the state’s budget shortfall,
and throughout the session legislative leaders stated that addressing
regressivity in the tax system was a top priority. The Governor
held firm to his position that tax increases would not be part of
the budget solution. He vetoed the tax increase legislation that
reached his desk, and the legislature was unable to override his
vetoes.
That meant the session ended with a $2.7 billion deficit remaining,
and the Governor took the unprecedented step of addressing this
deficit unilaterally through unallotment. But unallotment can only
address the budget deficit in the short-term; it does not make progress
on resolving the longer-term deficit in FY 2012-13. Nor does this
outcome allow the state to make progress in rebalancing the tax
system. The debate about the appropriate size and structure of the
tax system will undoubtedly continue.
Except where otherwise noted, the analysis in this report is based
on budget documents prepared by Minnesota Management and Budget,
Minnesota Department of Revenue, and legislative fiscal and research
staff.
Endnotes
1. Minnesota Management and Budget, February 2009 Economic
Forecast.
2. Minnesota Budget Project analysis of Minnesota Department of
Revenue, 2009 Minnesota Tax Incidence Study, March 2009.
3. As of 2006, the most recent year for which data is available.
Minnesota Department of Revenue, 2009 Minnesota Tax Incidence
Study, March 2009.
4. In this analysis, all information about the Governor’s
budget proposal refer to his budget as revised after the February
Forecast. In addition, figures for the Governor’s budget proposal
do not include federal conformity provisions that were contained
in HF 392, as these provisions were already traveling separately
by the time that the House and Senate passed their omnibus tax bills.
5. The angel investment credit does not have any fiscal impact until
the next biennium.
6. The Senate’s 9.25 percent rate applies to income above
$125,000 for married filing separate filers, $141,250 for single
filers and $212,500 for head of household filers. The House’s
9 percent rate applies to income above $150,000 for married filing
separate filers, $169,700 for single filers and $255,560 for head
of household filers.
7. Minnesota Department of Revenue. For more information, see Minnesota
Budget Project, Few Small Business Owners Would Be Impacted
by Income Tax Increases on High-Income Households.
8. The rates would actually “blink off” in stages, with
the increase in the first bracket blinking off first, then second
bracket, etc. as the additional revenues are no longer needed to
balance the budget.
9. Among the tax expenditures eliminated in this bill are: federal
itemized deductions for mortgage interest, charitable contributions
and real personal property tax to the extent that they exceed the
standard deduction; exemption for Minnesota state and municipal
bond interest income, K-12 dependent education expense subtraction,
charitable contributions for non-itemizer subtraction, income of
elderly or disabled subtraction, AmeriCorps education awards subtraction,
subnational foreign tax subtraction, organ donor expense subtraction,
certain farm income subtraction, child and dependent care credit,
K-12 education credit, long-term care credit, lower-income motor
fuels credit and employee health insurance credit.
10. HF 1298, which did become law, included a small provision on
Section 179 expensing with almost no cost.
11. House Fiscal Analysis, Governor Tim Pawlenty’s 2004
Supplemental Budget Recommendations.
12. The increase in residential property taxes paid in 2002 to 2009
is adjusted by the S&L IPD (PGSL), a measure of inflation in
government purchases. It does not include the impact of the Property
Tax Refund.
13. This total does not include the impact to the state of projected
increases in costs for Property Tax Refunds that would result from
higher property taxes.
14. If a county enacting the tax contained a city that already has
a local sales tax, the county would have taken over responsibility
for collecting the local sales tax for that city and for funding
the projects that were connected to that sales tax, with a few exceptions.
15. Minnesota Department of Revenue, Tax Research Division, Comparison
of 2009 House and Senate Omnibus Tax Bill Changes in Income Tax,
May 13, 2009.
October 2009
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