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Tax Fairness 


 

Contents

 


Introduction
Contact Your Representatives

Reports
Testimony
Facts

  


Stop Slot Machine Gambling
 • Reports
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 • Winners & Losers
 • Ask Governor Ehrlich
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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
(Right click to save and print.)

Winners
Losers

Toys R Us, Burger King, Victoria’s 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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