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Be Bold Texas!
Through a series of “Be Bold Texas!”
  Town Hall Meetings, TCCRI and
 conservative state legislators are
 getting feedback from Texans on
  potential tax policies that would
create thousands of jobs. We want
 your feedback on these potential
           policy options.
We’re good
  “The Texas Tribune reported that the
    state has hit a two-year mark of
      consistent job growth. It's an
 achievement worth noting while many
states are hampered with liberal unions
   and policies that stifle jobs. Texan
  conservative governing policies have
       continued to show results.”
       - TheExaminer.com, August 18, 2012.
Compared to
California, Texas
is #1, but the
comparison
misses the point:
Texas is not
absolutely better
than all states.
Room for improvement…
           Texas’ rank in several important categories:


                                                               Texas’ Most
                         Study
                                                              Recent Ranking
                     Mercatus Center, Economic Freedom             14
         Council on State Taxation, Tax on New Investment          20
                           Journal Sentinel, Tax per Capita        16
                 Sales Tax Clearinghouse, Sales Tax Burden         40
Minnesota Taxpayers’ Association, Residential Property Tax         37
  Minnesota Taxpayers’ Association, Business Property Tax          44
 American Legislative Exchange Council, Economic Outlook           16
A proliferation of special taxing entities:
Property tax levies growing out of control:
Texas Should Strive to Be
 Absolutely Better than
      Other States
Why take on taxes?

“If Texas cuts taxes right now, it will encourage all the
more business and entrepreneurship, on top of what
 has already occurred, without jeopardizing current
  governmental operations. Indeed, a virtuous circle
   will unfold in which tax cuts make the state ever
  more attractive, generating receipts that can bring
       about yet another tax cut down the line.”

  - Prof. Brian Domitrovic, Forbes Magazine, July 31, 2012.
Why take on taxes?

•   Create jobs
•   Increase growth
•   Increase disposable income
•   Reduce the reach of government
•   Washington is a mess: Texas must be a
    low tax, low debt oasis.
Washington is a Mess:

            National Debt: $15.96 trillion

  Federal
Spending
     and
 Revenue
   1965 -
    2012:
Washington is a Mess:
Washington is a Mess;
          Texas Must Be Bold:



  While Washington continues toward
greater debt, taxes, and regulation Texas
    must be the low-tax, jobs leader.
The Franchise Tax

Background:
   •   The revised Franchise Tax was created to generate “new state revenue that could be
       used to reduce school property taxes” and to provide “a stable and predictable stream
       of revenue.” House Research Organization analysis of HB3, 79S3 (2006).

   •   The Franchise Tax accounts for just 4.2% of all funds collected by the State. Less than
       the revenue lost from the Business & Professional Services Sales Tax Exclusions.

Problems:
   •   The state's franchise tax on businesses is unavoidably complex, with businesses having
       a multitude of ways to calculate their liability and unclear rules pertaining to what can
       be deducted in calculating tax liability.

   •   The Franchise Tax has consistently failed to serve its purpose, falling $4.3 billion short
       of projections and providing $4.1 billion less property tax relief than projected.

   •   The franchise tax, a direct tax on business activity, discourages business formation and
       growth.
How the franchise tax
                     works:
A business that is required to pay the Gross Margins Tax must
    calculate its “taxable margin,” which is the lesser of:

• Total revenue (gross receipts) minus the cost of goods sold;
or
• Total revenue minus cost minus compensation (except
contract labor costs); or
• Total revenue multiplied by 70 percent.

The tax is levied on gross receipts at a rate of 1%, although
businesses primarily engaged in retail or wholesale are taxed
at 0.5%
The Franchise Tax has:
             …failed to consistently generate revenue as projected:

Biennium   Comptroller’s Franchise    Actual Franchise Tax                Difference
           Tax Biennial Projection         Revenue
2008-09          $11.9 billion            $8.7 billion                  ($3.2 billion)
2010-11          $8.9 billion             $7.8 billion                  ($1.1 billion)


…failed to consistently generate revenue for property tax relief:
Biennium   Comptroller’s Projection   Actual Property Tax                 Difference
           of Franchise Tax Revenue   Relief Fund Revenue
            for Property Tax Relief    from Franchise Tax
2008-09          $6.1 billion             $3.1 billion                   ($3.0 billion)
2010-11          $3.6 billion             $2.5 billion                   ($1.1 billion)

                                                             Source: Comptroller of Public Accounts
“With the Texas margin tax collecting far less in
     revenue than expected, causing significant
    confusion and compliance costs, resulting in
 significant litigation and controversy over ‘cost of
     goods sold’ definitions, and facing calls for
substantial overhaul and even repeal, it should not
   be used as a model tax reform for any other
                         state.”
             - Joseph Henchman, The Tax Foundation
Limit Direct Business Taxes

Options for limiting business taxes:
  • Eliminate the state business tax

  • Cut rates across-the-board by 50%

Benefits:
  • Make Texas distinct from the rest of the nation.

  • Encourage capital investment and job creation.
Limit Property Taxes



“All of our freedoms as Texans and
Americans flow from our ability as
   individuals to own property.”

- Rep. Lois Kolkhorst, House Journal statement on
             House Bill 3 (79S3, 2006).
Limit Property Taxes

Background:
   •   Texas has the third highest property tax burden in the country.

Problems:
   •   Property taxes undermine private property rights.

   •   Property taxes increase the cost of homeownership.

   •   The property tax is punitive to capital intensive industries.

   •   Property taxation is administratively burdensome.

   •   It’s an antiquated, 19th Century tax.
Limit Property Taxes
            Typical property tax bills equate to a
         significant portion of household income:

County      Total        Av. Home Av. Property                Median   Av. Property
          Property         Value    Tax Bill                 Household Tax as % of
          tax Rate                                            Income    Household
                                                                         Income
Collin     2.50%         $199,000           $4,975             $80,504              6.2%
Harris     2.34%         $131,700           $3,082             $51,444              6.0%
Travis     2.38% Collin,$200,300 County Central Appraisal Districts, US Census Bureau. 8.8%
              Source:   Harris, and Travis $4,767            $54,074
Limit Property Taxes

With the current 10% cap, a $5,000 tax bill today could be
$86,000 per year in 30 years, without any rate increases:
                     Year    Age of    Tax Bill
                            Property
                             Owner
                    2003       35      $5,000

                    2010      43       $10,718

                    2017      50       $21,436

                    2025      58       $42,872

                    2032      65       $85,744
Limit Property Taxes

Options for limiting property taxes:
  •   Lower the appraisal cap to 2% (from 10%)

  •   Enact a revenue cap (2.5% / year)

Benefits:
  •   Affirm private property rights; stop Texans from
      being taxed out of their homes.

  •   Encourage capital investment and job creation.
Limit Property Taxes

    A 2% appraisal cap provides much greater protection
for homeowners:
         Year    Tax Bill   2% Cap    10% Cap
         2012    $5,000     +$100     +$500.00
         2013    $5,100     +$102     +$550.00
         2014    $5,202     +$104     +$605.00
         2015    $5,306     +$106     +$665.50
         2016    $5,412     +$108     +$732.05
         2017    $5,630     +$110     +$805.25
         2018    $5,743     +$113     +$885.78
         2019    $5,858     +$115     +$974.36
         2020    $5,975
Property Tax Revenue Cap
• “Proposition 2.5 has had marked effects on
  property taxes in Massachusetts. From 1980
  to 2007, property taxes per capita rose 22
  percent in Massachusetts, while they rose 102
  percent in New Jersey and 62 percent in the
  country as a whole (all figures based on
  constant 2007 dollars).”
       - Josh Barro, Manhattan Institute,
       Do Property Tax Caps Work, May 2010
Be Bold Texas!
• Transformation is necessary
   - There are simply too many taxes imposed by too many
   taxing entities, and the tax take is simply too much.
• The crisis is at hand.
   - With Washington in financial disorder and new higher
   and higher taxes coming, we must act now.
• Be Bold
   - Especially since we know what works: Tax Reform will
   create more jobs and increase income
Be Bold Texas!


Comprehensive data and
analysis, along with a full
report, will be published soon
at txccri.org.
txccri.org

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Be Bold Texas! Tax Presentation

  • 2. Be Bold Texas! Through a series of “Be Bold Texas!” Town Hall Meetings, TCCRI and conservative state legislators are getting feedback from Texans on potential tax policies that would create thousands of jobs. We want your feedback on these potential policy options.
  • 3. We’re good “The Texas Tribune reported that the state has hit a two-year mark of consistent job growth. It's an achievement worth noting while many states are hampered with liberal unions and policies that stifle jobs. Texan conservative governing policies have continued to show results.” - TheExaminer.com, August 18, 2012.
  • 4. Compared to California, Texas is #1, but the comparison misses the point: Texas is not absolutely better than all states.
  • 5. Room for improvement… Texas’ rank in several important categories: Texas’ Most Study Recent Ranking Mercatus Center, Economic Freedom 14 Council on State Taxation, Tax on New Investment 20 Journal Sentinel, Tax per Capita 16 Sales Tax Clearinghouse, Sales Tax Burden 40 Minnesota Taxpayers’ Association, Residential Property Tax 37 Minnesota Taxpayers’ Association, Business Property Tax 44 American Legislative Exchange Council, Economic Outlook 16
  • 6. A proliferation of special taxing entities:
  • 7. Property tax levies growing out of control:
  • 8. Texas Should Strive to Be Absolutely Better than Other States
  • 9. Why take on taxes? “If Texas cuts taxes right now, it will encourage all the more business and entrepreneurship, on top of what has already occurred, without jeopardizing current governmental operations. Indeed, a virtuous circle will unfold in which tax cuts make the state ever more attractive, generating receipts that can bring about yet another tax cut down the line.” - Prof. Brian Domitrovic, Forbes Magazine, July 31, 2012.
  • 10. Why take on taxes? • Create jobs • Increase growth • Increase disposable income • Reduce the reach of government • Washington is a mess: Texas must be a low tax, low debt oasis.
  • 11. Washington is a Mess: National Debt: $15.96 trillion Federal Spending and Revenue 1965 - 2012:
  • 13. Washington is a Mess; Texas Must Be Bold: While Washington continues toward greater debt, taxes, and regulation Texas must be the low-tax, jobs leader.
  • 14. The Franchise Tax Background: • The revised Franchise Tax was created to generate “new state revenue that could be used to reduce school property taxes” and to provide “a stable and predictable stream of revenue.” House Research Organization analysis of HB3, 79S3 (2006). • The Franchise Tax accounts for just 4.2% of all funds collected by the State. Less than the revenue lost from the Business & Professional Services Sales Tax Exclusions. Problems: • The state's franchise tax on businesses is unavoidably complex, with businesses having a multitude of ways to calculate their liability and unclear rules pertaining to what can be deducted in calculating tax liability. • The Franchise Tax has consistently failed to serve its purpose, falling $4.3 billion short of projections and providing $4.1 billion less property tax relief than projected. • The franchise tax, a direct tax on business activity, discourages business formation and growth.
  • 15. How the franchise tax works: A business that is required to pay the Gross Margins Tax must calculate its “taxable margin,” which is the lesser of: • Total revenue (gross receipts) minus the cost of goods sold; or • Total revenue minus cost minus compensation (except contract labor costs); or • Total revenue multiplied by 70 percent. The tax is levied on gross receipts at a rate of 1%, although businesses primarily engaged in retail or wholesale are taxed at 0.5%
  • 16. The Franchise Tax has: …failed to consistently generate revenue as projected: Biennium Comptroller’s Franchise Actual Franchise Tax Difference Tax Biennial Projection Revenue 2008-09 $11.9 billion $8.7 billion ($3.2 billion) 2010-11 $8.9 billion $7.8 billion ($1.1 billion) …failed to consistently generate revenue for property tax relief: Biennium Comptroller’s Projection Actual Property Tax Difference of Franchise Tax Revenue Relief Fund Revenue for Property Tax Relief from Franchise Tax 2008-09 $6.1 billion $3.1 billion ($3.0 billion) 2010-11 $3.6 billion $2.5 billion ($1.1 billion) Source: Comptroller of Public Accounts
  • 17. “With the Texas margin tax collecting far less in revenue than expected, causing significant confusion and compliance costs, resulting in significant litigation and controversy over ‘cost of goods sold’ definitions, and facing calls for substantial overhaul and even repeal, it should not be used as a model tax reform for any other state.” - Joseph Henchman, The Tax Foundation
  • 18. Limit Direct Business Taxes Options for limiting business taxes: • Eliminate the state business tax • Cut rates across-the-board by 50% Benefits: • Make Texas distinct from the rest of the nation. • Encourage capital investment and job creation.
  • 19. Limit Property Taxes “All of our freedoms as Texans and Americans flow from our ability as individuals to own property.” - Rep. Lois Kolkhorst, House Journal statement on House Bill 3 (79S3, 2006).
  • 20. Limit Property Taxes Background: • Texas has the third highest property tax burden in the country. Problems: • Property taxes undermine private property rights. • Property taxes increase the cost of homeownership. • The property tax is punitive to capital intensive industries. • Property taxation is administratively burdensome. • It’s an antiquated, 19th Century tax.
  • 21. Limit Property Taxes Typical property tax bills equate to a significant portion of household income: County Total Av. Home Av. Property Median Av. Property Property Value Tax Bill Household Tax as % of tax Rate Income Household Income Collin 2.50% $199,000 $4,975 $80,504 6.2% Harris 2.34% $131,700 $3,082 $51,444 6.0% Travis 2.38% Collin,$200,300 County Central Appraisal Districts, US Census Bureau. 8.8% Source: Harris, and Travis $4,767 $54,074
  • 22. Limit Property Taxes With the current 10% cap, a $5,000 tax bill today could be $86,000 per year in 30 years, without any rate increases: Year Age of Tax Bill Property Owner 2003 35 $5,000 2010 43 $10,718 2017 50 $21,436 2025 58 $42,872 2032 65 $85,744
  • 23. Limit Property Taxes Options for limiting property taxes: • Lower the appraisal cap to 2% (from 10%) • Enact a revenue cap (2.5% / year) Benefits: • Affirm private property rights; stop Texans from being taxed out of their homes. • Encourage capital investment and job creation.
  • 24. Limit Property Taxes A 2% appraisal cap provides much greater protection for homeowners: Year Tax Bill 2% Cap 10% Cap 2012 $5,000 +$100 +$500.00 2013 $5,100 +$102 +$550.00 2014 $5,202 +$104 +$605.00 2015 $5,306 +$106 +$665.50 2016 $5,412 +$108 +$732.05 2017 $5,630 +$110 +$805.25 2018 $5,743 +$113 +$885.78 2019 $5,858 +$115 +$974.36 2020 $5,975
  • 25. Property Tax Revenue Cap • “Proposition 2.5 has had marked effects on property taxes in Massachusetts. From 1980 to 2007, property taxes per capita rose 22 percent in Massachusetts, while they rose 102 percent in New Jersey and 62 percent in the country as a whole (all figures based on constant 2007 dollars).” - Josh Barro, Manhattan Institute, Do Property Tax Caps Work, May 2010
  • 26. Be Bold Texas! • Transformation is necessary - There are simply too many taxes imposed by too many taxing entities, and the tax take is simply too much. • The crisis is at hand. - With Washington in financial disorder and new higher and higher taxes coming, we must act now. • Be Bold - Especially since we know what works: Tax Reform will create more jobs and increase income
  • 27. Be Bold Texas! Comprehensive data and analysis, along with a full report, will be published soon at txccri.org.

Editor's Notes

  1. In Harris County alone, there are now six separate crime control districts, each levying separate sales and use taxes, as well as countless other special taxing entities. Illustratively, a resident of Bellaire will pay sales taxes to the state, as well to the City of Houston and the Houston Metropolitan Transit Authority. On top of this, they will pay property taxes to the Houston Independent School District, Harris County, the Harris County Flood Control District, the Department of Education, the Houston Community College District, and the City of Houston itself. Taxpayers across the Harris County area are faced with a similarly complex web of taxing entities.
  2. The actual liabilities of the federal government—including Social Security, Medicare, and federal employees' future retirement benefits—already exceed $86.8 trillion, or 550% of GDP
  3. Over the past decade or more, school district property taxes in particular have proven to be an intractable problem. They are responsible for endless cycles of school finance litigation and they obscure meaningful debate about the appropriate levels of funding for our public schools. With serious attention likely to be given to school finance issues in the 2013 and 2015 legislative sessions, beginning the shift away from school district property taxes is a realistic proposition.The benefits of shifting away from property taxes are multitudinous, especially for encouraging and maintaining homeownership and fostering increased economic development particularly in capital intensive industries. With our economy and social structures so fundamentally different from when property taxes were first imposed in the 19th Century, the system can and must change.