Oops…looks like I got my articles mixed up and plagiarized the title…
At a recent Urban Institute forum, two policy analysts who follow state and local finances were asked a simple question: What's the worst and best tax bill a state passed this past year? Without hesitation, both Nick Johnson, an economist with the left-leaning Center on Budget and Policy Priorities, and Joseph Henchman, a lawyer with the right-leaning Tax Foundation, gave the same answer. Kansas, they said, was the worst.
The tax reform measure, passed by the Kansas legislature last year and signed by Gov. Sam Brownback, slashes the top two individual income tax rates, as well as rates for corporations. It also exempts all pass-through business income -- the first state tax law to do so.
But other states have cut tax rates too, so why is Kansas' so bad? I put this question and others to Johnson and Henchman. Here's an edited version of their comments.
Joe Henchman (JH): Good tax reform broadens the tax base and lowers rates. That's what Gov. Brownback wanted to do. But the legislature took out the "broaden-the-base" part. They just passed a tax cut, which can be justifiable if you want to reduce the size of government or expect other revenue sources to go up. But they didn't cut spending and they don't expect revenue to grow, so it's just a hole. With the exemption for pass-through entities, if you're a wage earner, you're taxed at the top rate, which is currently 4.9 percent in Kansas. If you're a partnership, an LLC or any form of recognized business entity with limited liability that's not a corporation, you're income is taxed at zero percent. That's an incentive to game the tax system without doing anything productive for the economy. They think things like the pass-through exemption will encourage small business, and to be fair, it might. But they are doing it in a way that violates the tax principle of neutrality.
Nick Johnson (NJ): The law fails almost every test of good tax policy, starting with adequacy, affordability and sustainability. It fails both vertical and horizontal equity tests. Vertically, it's beneficial to high-income taxpayers and harmful to low. It doesn't do much for the middle either. Horizontally, its exemption of pass-through entities creates inequities and tax avoidance, which of course then goes back to sustainability because it balloons cost.
The point of [economist Arthur] Laffer, [who was a consultant for the tax plan], is that the whole idea of the tax bill is to jump-start the economy. But evidence suggests that there's no goose to the economy from this or, if there is one, it will be small. The real big problem here is that because it costs so much money, it will make it harder for Kansas to make other kinds of investments that are important to a strong economy like education and infrastructure. People don't understand the scale of what's been enacted -- it's jaw dropping. I'm hard-pressed to identify another state that has ever passed a larger tax cut package overall to its budget.