Revenues Fund Pensions. Pensions are Controversial.

  • October 1, 2014

There are many well managed and properly funded pensions. When revenues to fund pensions disappear, underfunded pensions and growing pension liabilities emerge.  Not far behind are policy and legal issues. As we all know, legal issues mean lawsuits. A California federal bankruptcy judge opened the door to loosen the sanctity of pensions. 
 
The bankruptcy court dealt a blow to CALPERS. CALPERS wanted to be treated like a creditor when the Stockton pension crisis left the Calpers system because of Stockton’s bankruptcy. The Judge doesn’t view CALPERS as a creditor.  The judge’s determination mirrors how pensions were treated by the courts in Detroit’s bankruptcy. Judicially consistent, but a burden on the CALPERS system.  [NYT (DealB%k)]

Europe Calling: Economic Development Tax Deals are Illegal State Support of Business

  • September 30, 2014

EU regulators found that tax deals granted to Apple and Fiat violate the prohibition against state support of companies. Economic Development in Europe is broken too. Fix It Again, Tony. [WSJ] 

Oil Field Workers Need Accommodations, Moving to Canada not an Option

  • September 30, 2014

It takes a lot of human capital to run oil fields. Those humans need to sleep somewhere. A Houston based company that provides accommodations for oil field works discovered the tax implications of booming business. The company considered converting to a REIT, but hot summer days led to a better conclusion- move to Canada. Not only does Canada offer cooler summers but is also offers a lower tax rate for this C-Corp. The 25-26% tax rate in Canada is roughly 4% lower than the US tax rate on the C-corp’s income.  [Financial Post]

 

Arizona Hearts Texas.

  • September 30, 2014

Imitation is there highest form of flattery. The Republican Candidate for Governor of Arizona thinks Texas economy is enviable. He is proposing  eliminating Arizona’s income tax. Arizona faces a $1Billion deficit. Texas is looking at a surplus of more than $8 Billion. Arizona taxes personal income. Texas does not. 
 
The Tax Foundation suggests that Arizona eliminate state sales tax exemptions, because they run a think tank and not a campaign. Campaigns know taxpayers show no love to politicians who run on a platform of more taxes. A broader sales tax base indeed does lower the tax rate, but it takes a lot of fancy tax words to explain.  [Arizona Public Media]

Enterprise Fund Solutions: Every Possible Option

  • September 27, 2014

Reform the Enterprise Fund is the mantra of this election season. Whether the legisaltive solution relies on greater transperancy, a stricter application process, a faster application process to improve competitiveness, stricter enforcement, or elimination of the fund is the question du jour.  Tea Partiers lean toward elimination. Business interests lean toward reform.

Will the Legislature take the politically expedient option or the option that strengthens Texas position has an economic powerhouse? Greg Abbott told the Houston Chronicle that every option should be on the table. [Houston Chronicle]

Property Tax Cap: This cap is the top hat of tax reform

  • September 26, 2014

Property Tax Caps are hot topics. They gently rode off into the Sunset with Texas 2006 tax reforms, but they’re back from outer space. Property Tax Caps are en vogue in New York too. They’re so popular, people are suing. The New York Teachers Union sued claiming the property tax caps are unconstitutional and unfair to property poor districts. (Sound like familiar phrases?)
 
Governor Cuomo called the lower court ruling upholding the constitutionality of property tax caps a victory for taxpayers. New York placed a 2% cap on property taxes. Property values are high in New York too. New York allows the cap to be exceed with consent from 60% of local voters.  New York’s property tax cap legal journey is just beginning. 
 
This should be on your radar as the legal and policy arguments are identical to Texas.  [The Republic]

Broad Tax Base Say Hello To My Little Friend, Property Tax Exemption for Pollution Control

  • September 25, 2014

Power Producers install heat-recovery steam generators to increase the efficiency of power production. More efficiency leads to greater pollution control, which leads to a tax deduction. Or, does it? According to TCEQ the steam generators were installed to improve production, not to reduce pollution. Therefore, no tax deduction. The 16 Counties which sought an administrative stop to the removal of millions of dollars from the property tax rolls via this clever deduction can now claim victory. [Houston Chronicle]

Sitting Illinois State Rep. Moves to Texas

  • September 25, 2014

State Representatives are just like us. They too move for better jobs and lower taxes. She lists a slew of reasons Texas bests Illinois; including: no state income taxes; lower property taxes, and business growth. Moving to Texas is like “getting a raise.”  [Illinois Watchdog]
 

Control Freaks: State and Local Officials Want to Control Tax Rates

  • September 23, 2014

For decades, the fight to control your tax rates has been brewing. The State wants to control inflated property tax rates. Locals want to be able to provide for their own needs. Controlling the purse strings is a very big deal. 

Some state leaders are talking about property tax caps. Not a popular concept to local officials. Beaumont Enterprise is first out of the gate railing against property tax caps. [Beaumont Enterprise]

Beaumont Editorial: Yes to Local Control, No to Tax Caps

  • September 23, 2014

Local Control. Clamoring to claim responsibility for the hard decisions- like tax rates. Jefferson County hasn’t raised the local property tax rate of 36.5 cents in 7 years. They say they don’t want Austin’s help with one size fits all tax solutions. [Beaumont Enterprise]

Grassroots 2014: Inequitable Property Tax System

  • September 16, 2014

Austin Chronicle awarded Real Values for Texas the “2014 Best Grassroots Campaign to Hit Home.”  Real Values for Texas supports fairness in the proeprty tax system. What’s interesting is the organizations supporting Real Values for Texas. They aren’t the usual far right red meat, the organizations supporting Real Values for Texas are of the blue variety: AFL CIO, Move On, AFT….[Real Values for Texas] 

Mapping Economic Growth

  • September 16, 2014

The US Bureau of Economic Analysis maps economic growth. Its searchable. There are printable maps. [US Dept. of Commerce]

Tax News Du Jour: Tax Shelters Andorra and Luxembourg lifting the veil of secrecy:

  • May 23, 2014

Tax Shelters are Feeling the Heat. Luxembourg has agreed to EU requirements for account information sharing. [WSJ]

Is the $5 entrance fee to Strip Clubs an Occupation Tax? Whose Occupation- the bouncers? the dancers? the janitors?

  • May 9, 2014

Whoever said tax law was boring, hasn’t been paying attention. The Legislature nobly passed this tax to increase funding to  domestic violence prevention programs. But, since it passed the Legislature in 2008, this tax is a lesson in litigating tax laws.  First, the Texas Supreme Court says in 2011 we may have a first amendment violation of free speech. The case gets sent back to the trial court to look at it again. Back through the courts we go for 3 more years. Now the courts say so long to the first amendment, and hello occupation tax. Wait, if its an occupation tax, we have to allocate 25% to public education, scratch that analysis. Definitely not an occupation tax. It’s just a tax. Definitely no first amendment problems, thanks to a U.S. Supreme Court ruling. But, wait folks, it’s not done yet, we still have the Texas Supreme Court to give its final word. [Third Court of Appeals] [Texas Tribune]

Commercial Property Tax Appraisals vs. Residential Property Tax Appraisals Welcome to 2003

  • April 30, 2014

Deja vu all over again. Remember the last years long battle to establish statutory balance that helps alleviate the concerns of residential property tax payers? We’re back! Hello talks of appraisal caps and providing property relief for residential property tax owners. [Houston Press] 

Drafting Error: Major Event Trust Fund. Words Matter. Use Words Carefully When Drafting Bills.

  • April 21, 2014

SB 1678 (2013) added events to the Major Events Trust Fund recipient pool. Nobel goal to draw events and the corresponding tax revenue to Texas. But, when you draft these bills you have to remember that just adding an event to the list isn’t enough.  You have to add the ability to award those funds to the event too. Want to know how to draft a bill like this? Read [GA-1052]

 

 

 

 

Rally to Reform Commercial Property Tax System

  • April 1, 2014

Protesting taxes, an American tradition, comes to life in San Antonio as people gather to rally to reform commercial property tax system. In Boston, protestors throw tea into a harbor, in San Antonio does one dump tequila in the river? What makes this protest intersting is that the activists are of the blue variety, not the red variety. [My San Antonio]

Politifact: Travis Co. Has the Highest Tax Rate since 1996

  • February 26, 2014

Legislators hear a lot about high tax rates in Harris County, Dallas County and the corresponding metropolitican areas. But, which county has the highest tax rates? Who should be the most vocal and concerned about high tax rates?  Politifact sifts through tax rates, includes links to country tax rates and decalres Travis as the highest tax rate. [Politifact]

Property Tax Revenue Shortfall? Look to Lawsuits.

  • February 6, 2014

Tax law is complicated. Complicated laws lead to law suits. Property tax law suits brought by commercial property owners are impacting the coffers in San Antonio. [ My SA]