Ask Governor Ehrlich
Why
balance the budget on the backs of schoolkids when big corporations
dodge paying their fair share of taxes?
The General Assembly just sent a balanced budget to the
Governor. A bipartisan majority of lawmakers made painful spending cuts
and closed notorious tax loopholes that let giant national corporations
cheat our state out of hundreds of millions of dollars in corporate
taxes -- taxes that have to be made up by honest hardworking families
and Maryland businesses. But Bob Ehrlich has vowed to veto the bills
that close these loopholes and to make up the fiscal shortfall by slashing
funding for our schools, health care, environment, and public safety.
Worse, now he’s trying to bamboozle the public into believing
he is vetoing an across-the-board “tax increase,” even though
there’s no increase in income or sales taxes on regular folks.
He refuses to tax the corporate crooks who fund his campaign.
On April 15th, you paid your taxes. How come Bob Ehrlich
wants to let Burger King and Kmart cheat on theirs?
Who wins and who loses if Ehrlich refusese to close these
loopholes? Once you know the facts, contact Bob Ehrlich at (410) 974-3591
or governor and tell him to tell the truth about the
budget and to sign the revenue bill.
Print
the Ask Governor Ehrlich Flyer
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| Winners |
Losers |
| Toys R Us, Burger King, Victorias Secret, K-Mart, among
other corporations.1
-
An
unknown but significant and growing number of multistate corporations
exploit the Delaware Passive Investment Company (PIC) loophole,
allowing them to create dummy firms in Delaware, where they hide
money earned in Maryland from Maryland taxes.2
- The General Assembly’s Department of Legislative Services
estimates that closing this loophole could save regular taxpayers
between $20 - $150 million per year.3 Independent analysts
believe the savings could be much higher.4
- Would the IRS or Comptroller let you get away with hiding your
taxable income in a dummy firm in Delaware?
Colgate-Palmolive, Inc. and many other giant corporations.8
Colgate-Palmolive
and other corporations exploit the “no-where income”
tax loophole -- an accounting gimmick that allows corporations
to pretend that profits earned in certain states are not taxable
in any jurisdiction.9
- Maryland is one of the shrinking number of states that still
tolerates this loophole.10
- The Center on Budget and Policy Priorities says that corporations
resident in states with this loophole can beat state taxes on
50% - 100% of their income.11
- Can you afford to hire a fancy accounting firm to find a loophole
like this for you?
Allied-Signal and many other giant corporations.13
Allied-Signal
and other corporations exploit the "non-business income"
tax loophole by declaring that some of their income comes from
“irregular transactions” – i.e., transactions
outside their normal scope of activity – and therefore should
not be taxed!14
- Would the IRS or Comptroller allow you to avoid taxes on income
earned from a second job or the sale of a second home?
Aetna, Kaiser Permanente, CareFirst
Unlike
all other types of insurance companies, HMOs currently do not
have to pay taxes on customer premiums.
- The General Assembly’s budget contains a provision requiring
HMOs to pay a 2% tax on their premiums – just like all other
insurance companies.
- HMOs can well afford to pay this tax: The industry as a whole
increased profits 25 percent in 2001; Kaiser’s profits jumped
16 percent in 2001, up to $681 million on revenues of $19.7 billion.17
|
Schoolkids
“A veto would require budget cuts that would likely hurt
education and the poor…” (Washington Post,
4/10/2003)
- On the campaign trail, Ehrlich made an unconditional promise
to fund the Thornton educational initiative.5
- But once in office, Ehrlich changed his tune, threatening to
cut Thornton if the General Assembly refused to pass his plan
to legalize gambling.6
- After a barrage of criticism, he flip-flopped yet again, saying
that Thornton will be fully funded no matter what.
- But this claim is specious: Ehrlich has cut aid to localities
by at least $100 million, so he well knows that localities will
be forced to reduce spending on schools.
- The Governor’s aides admit that Ehrlich intends to underfund
Thornton when they say that, “The Thornton Commission is
all but a thing of the past at this point."7
Environment
Although
Ehrlich “continued a modest down payment toward cleaning
up sewage treatment plants,” the Maryland League of Conservation
Voters notes that, “The Governor’s budget cut funding
and personnel for Department of Natural Resources and Department
of the Environment…zeroed out funding for the Community
Parks and Playgrounds program, diverted money from the Transportation
Trust Fund and slashed funding for land conservation programs
such as Program Open Space and Rural Legacy.”12
Poor Children
The
biggest flaw -- indeed, moral failure -- in the General Assembly's
budget restricts eligibility for the Maryland Children's Health
Program (CHIP).15
- As a result of this cut, fewer poor kids will receive subsidized
health care.
- Ehrlich has raised no objections to this shameful cut –
but he is howling in protest at the budget’s closure of
corporate tax loopholes.
Working Families
- Higher Education got slashed
$70 million by the Governor and another $20 million by the General
Assembly.18 At a time of rising tuition, this
cut will make college opportunity for working families even more
difficult.
-
Property
Tax Hike on Homeowners
- Ehrlich was the first to propose the idea of a property
tax hike on middle-class homeowners, yet he now claims it
was the General Assembly’s idea.19
- Homeowners don’t have the option of creating a dummy
firm in Delaware to avoid paying this tax.
|
How Can You Help?
Bob Ehrlich would rather balance the budget on the backs of kids, working
families and the environment than ask his corporate campaign contributors
to pay some of the taxes they currently dodge. Who does Ehrlich represent
– corporations or the people?
Contact Bob Ehrlich at (410) 974-3591 or
and tell him to sign — not veto — the revenue measures in
the General Assembly's reasonable and balanced budget.
Join Progressive Maryland to work for
tax fairness for working families.
Citations
1 Glenn R. Simpson, “A Tax Maneuver in Delaware Puts Squeeze
on Other States,” Wall Street Journal, August 9, 2002. As corporate
tax returns are proprietary information, this list is very incomplete.
Moreover, it is not known how many of these companies besides Toys R
Us exploit the loophole in Maryland. That during the 2003 session of
the General Assembly it was the corporate community itself in Maryland
that volunteered to pay a higher filing fee and income tax surcharge
rather than close the PIC loophole strongly indicates that many of the
biggest corporations use this tax-dodge in Maryland and derive huge
benefits.
2 http://www.marylandpolicy.org/mpr3-3corporate4.pdf, esp. pp. 4-5.
See also http://www.centeronbudget.org/4-9-02sfp.htm
3 http://mlis.state.md.us/2003rs/fnotes/bil_0008/sb0398.doc
4 http://www.centeronbudget.org/4-9-02sfp.htm
5 Michael Dresser, Alec MacGillis, “Governor Accused of Reneging
on School Aid”, Baltimore Sun, 2/28/03.
6 Michael Dresser, Alec MacGillis, “Governor Accused of Reneging
on School Aid”, Baltimore Sun, 2/28/03.
7 http://www.sunspot.net/news/local/bal-te.md.slots03apr03,0,5600516.story?coll=bal-local-headlines
8 In Colgate-Palmolive Co. v. Massachusetts Comr. of Rev., Mass. App.
Tax Bd., No. C255116, Colgate acknowledged that it has no tax “nexus”
in 11 states – i.e., it does not pay taxes on income earned in
those states. For further discussion, see http://www.massdor.com/publ/tab/December2002.pdf,
p.6 Docket No. C255116. As tax returns are proprietary information,
it is not known how many corporations exploit this loophole or in which
states.
9 http://www.marylandpolicy.org/mpr3-3corporate4.pdf, p.5
10 http://www.marylandpolicy.org/mpr3-3corporate4.pdf, p. 6
11 http://www.centeronbudget.org/4-9-02sfp.htm
12 http://www.mdlcv.org/100dayreport.htm
13 Allied-Signal v. New Jersey 112 S.Ct. 2251 (1992). For a discussion
of the case, see http://www.drs.state.ct.us/pubs/SN's/1993/sn9326.html.
As tax returns are proprietary information, it is not known how many
corporations exploit this loophole or in which states.
14 http://www.centeronbudget.org/4-9-02sfp.htm
15 http://mlis.state.md.us/2003rs/90-day-report/Part-J.pdf, p. J-2
16 http://jacksonville.bizjournals.com/jacksonville/stories/2002/09/02/daily17.html
17 http://www.calnurses.org/cna/calnursemar02/kaisernew.html
18 http://www.marylandpolicy.org/FY04BudgetCuts.pdf, p.2
19 http://www.baltimoresun.com/news/local/bal-md.tax10apr10,0,6009724.story?coll=bal%2Dlocal%2Dutility
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