Upcoming vote on tax proposal

Update: June 18, 2018

The SJC found this proposal unconstitutional and it will not appear on the ballot after all.

Last week, the legislature heard testimony on a voter initiative to raise the income tax on people earning over one million dollars.

The Proposal

The proposal, brought forth by a coalition of advocates for public services, reads as follows:

To provide the resources for quality public education and affordable public colleges and universities, and for the repair and maintenance of roads, bridges and public transportation, all revenues received in accordance with this paragraph shall be expended, subject to appropriation, only for these purposes. In addition to the taxes on income otherwise authorized under this Article, there shall be an additional tax of 4 percent on that portion of annual taxable income in excess of $1,000,000 (one million dollars) reported on any return related to those taxes. To ensure that this additional tax continues to apply only to the commonwealth’s highest income residents, this $1,000,000 (one million dollar) income level shall be adjusted annually to reflect any increases in the cost of living by the same method used for federal income tax brackets. This paragraph shall apply to all tax years beginning on or after January 1, 2019.

It’s worth picking that language apart carefully. As to the new tax:

  • It only applies to your income over $1,000,000 after all deductions and exemptions on your tax return.
  • That $1,000,000 will be adjusted for inflation to avoid bracket creep.

As to how the money can be used, it can only be used for:

  • quality public education and affordable public colleges and universities;
  • repair and maintenance of roads, bridges and public transportation.

In other words, it could be used for Chapter 70 aid for local schools and Chapter 90 aid for local roads — local government would benefit.  And it could also be used for state roads and public transit, but only for repair and maintenance, not new projects.  And it could be used to support public colleges — for example to reduce tuition.

The proposal is for a constitutional amendment, so, if approved by the voters, it could not be changed by the legislature.  No one needs to be concerned about a bait and switch.

The Process

The procedure for a constitutional amendment through the ballot initiative process is as follows:

  1. A petition signed by 10 original petitioners is filed with Secretary of state (done last year).
  2. The Attorney General reviews and approves the petition (done last year).
  3. The petitioners gather signatures adding up to 3% of the number of votes cast for Governor in the last election — 64,750 in this case (done last year).
  4. The legislature considers the petition — conducts hearing and possibly votes in a joint session on it.
  5. If the legislature does not bring the issue to a vote in the session or less than 50 legislators vote for it, it dies.
  6. If it gets more than 50 votes in two successive legislative session, then it goes in the ballot in 2018.
  7. The people vote for or against it in November 2018.

We are now in step 4 of the list above.  I will certainly vote for the petition as a legislator and will also speak up to make sure that we do not fail to take it up.  I absolutely feel that the people should have the chance to consider this carefully-crafted petition.

The Merits

I absolutely support increased spending on local education and on the maintenance of our transportation system.  In 17 years of state and local elected service, I have seen again and again that we are failing to do all that we should for our children, especially in poverty communities, and failing to maintain our infrastructure.  The proposal sets in stone that the funds raised can only be used for these purposes.

I have nothing but respect for those who are financially successful.  I feel that people in the private sector are, in general, rewarded for the contributions that they make and that most people earning over $1 million in a year (roughly the top 1/4 of 1 percent) have made huge contributions — whether as brain surgeons, as entertainers, as innovators or as executives.

But I do feel that  it takes not only hard work, discipline and creativity, but also good fortune and a supportive environment to make big contributions.  It is entirely appropriate for people who are fortunate enough to be able to make big contributions to pay proportionately more in taxes.

The only real reservation that I have about the proposal is whether it will send a discouraging message to high earners and influence their decisions to come to or remain in Massachusetts.  However, it seems modest enough that it is unlikely to do so.

The new top-earner rate will be 9%, roughly the same as or less than the top rate in states that we compete with. California, our main competitor for innovation talent, has a top rate of 13%.   New York and New Jersey, perhaps our top competitors for executive and financial talent are just under 9% and Connecticut is at 6.7%.  After federal taxes, the effective new top rate for high earners will be only roughly 5.5%.

The broadest and most rigorous study of the impact of taxation on mobility of the high earners (based on a huge database of federal tax returns) suggests that higher state income taxes do have an impact, but only a very modest impact.  Most people who are earning a lot of money are doing so in a particular business or institutional setting that they do not wish to leave.  The people most likely to move are young, low-income earners who need to find new opportunities.  Also, a lot of wealth tends eventually to go to Florida, a low tax state, but also a state with warm winter weather.

Bottom Line

Barring some finding of a fatal technical defect in the proposal — which I do not foresee — I am fully committed to vote to put the proposal on the ballot and ultimately, you the voters will decide its fate.  So, I am not so much asking for input as I often do.  But, I do think it is important for people to start thinking about the question and I will be very interested in your thoughts.

FAQ in the comments below:

Why is a constitutional amendment required for this?

The original constitutional amendment that authorized the income tax at “uniform rate” — that has been interpreted to bar a progressive income tax. The full text reads as follows:

Article XLIV.Full power and authority are hereby given and granted to the general court to impose and levy a tax on income in the manner hereinafter provided. Such tax may be at different rates upon income derived from different classes of property, but shall be levied at a uniform rate throughout the commonwealth upon incomes derived from the same class of property. The general court may tax income not derived from property at a lower rate than income derived from property, and may grant reasonable exemptions and abatements. Any class of property the income from which is taxed under the provisions of this article may be exempted from the imposition and levying of proportional and reasonable assessments, rates and taxes as at present authorized by the constitution. This article shall not be construed to limit the power of the general court to impose and levy reasonable duties and excises.

How much revenue will it generate?

The Department of Revenue has produced an estimate for this proposal. They estimate $1.9 billion in 2019 dollars. They have the full database of tax returns available to them, so they have a good idea. Of course, the estimate does depend on how the economy is doing and that is unpredictable. $1.5 billion seems like a safe low end estimate. Massbudget has summarized the DOR analysis here.

Published by Will Brownsberger

Will Brownsberger is State Senator from the Second Suffolk and Middlesex District.

100 replies on “Upcoming vote on tax proposal”

  1. I am in favor of this initiative in principal, but I’m wondering if the wealthy will find ways to avoid the higher tax through “creative” bookkeeping, offshore accounts, or other means. If this goes forward, how can it be safeguarded?

  2. I do believe it is great project to carry-on. However any increase for high purposes should be carefully monitored, because the money could be wasted in administrative costs and no for the real purpose. I do not trust in this “overhead” costs, because is creating another “huge welfare” like we have now with other public projects (like the roads works that are doing now).

  3. This is an absolutely splendid idea. Not only should it enhance revenue; it takes seriously the proposition that wealth is inevitably the consequence of the social system that enables its amassing. I would encourage the legislature to consider an additional surtax on gross (not net) income over $15 million, to be assessed before any write-offs or liabilities. Those who as private individuals command such income are de facto extracting more from the system than any rational system can be designed to allow to be extracted.

  4. We do not have a revenue problem. We have a spending problem. We also have Legislators who are not qualified to solve our problems. Allston and Brighton have two politicians who have been in office too long. One is a nice guy but has accomplished very little. The other should be in jail except for the fact that the woman would not testify. Here are some things that should be discussed. We have to abolish all Authorities. We also have to stop paying Legislators extra money for positions that have no responsibilities. The Legislators are in session for six months. Why do they have benefits for twelve months? How many Legislators could run a business? This is called public service. It is not called career opportunities.

  5. It doesn’t go far enough, but at least it is a step in the right direction. We continue to balance the budget on the backs of the most vulnerable while the most affluent continue to pay effective tax rates lower than the disappearing middle class.

  6. I think this is a great start, I would also like to see this go into effect immediately. I think it would also be great if we could somehow measure these achievements within the next couple of years. If this method proves to be successful, then we should be doing this for as long as we can to improve other sectors in our everyday life.

  7. We finally get a big corporation, General Electric, to move their headquarters and their highly paid executives to Massachusetts and you want to raise their taxes. Did you not see that they fled Connecticut for exactly this reason? How will this encourage other companies to move to Massachusetts and bring their jobs with them?
    What you are proposing is nothing other than the tyranny of the masses with populism that is short sighted and with serious negative consequences to job growth in the years to come.

  8. That’s all wonderful, except, that you can’t promise that the “new revenue” will go toward education and the T.

    You also said my concerns are unfounded;TRUE or NOT: If it passes, the Legislature will have free rein to expand the Grad tax to lower income brackets at it’s whim.
    You know that answer is true.
    If you vote yes,and it passes, you will be mobilizing a very angry constituency.
    You’d be surprised how easy it is to get people to sign petitions to have this overturned.

    1. Carlos, please understand two things.

      First, this is a ballot question, brought before the citizens by other citizens. There will be a vote on it at the polls in 2018. This is not something the legislature is doing unilaterally. You won’t have to sign petitions, you will get to vote on it.

      Second, please do reread the language of the question above. It really does not give the legislature any ability at all to tax lower brackets. It specifies 4% extra for those earning over $1 million — it authorizes nothing else.

  9. Thanks for posting this and hosting the discussion. I am not sufficiently fortunate to have this proposal actually apply to me, but I am nonetheless quite fortunate. And I heartily support the notion that those of us who derive the most benefit from our society should contribute a correspondingly large share to supporting that society – larger than we do now. Ideally, we would have a progressive tax system that is more graduated than just two tiers. But I take your point that this proposal is be a step in the right direction, and it is better to implement a positive step than to develop a perfect proposal that will not pass. With luck, it will inspire further discussions about the growing disparity in income and wealth.

    For anyone concerned about the unfair burden this would place on high earners, it is worth noting that under this proposal, the very rich would be, well, very rich. With or without a higher top tax rate, they will be even richer in the future than they were in the past, while the rest of the population watches their real income fall. Under our current social structure, the rich are not on the receiving end of “unfairness.”

    And I don’t agree with the dire predictions that this will drive the rich from Massachusetts in droves. People come to Massachusetts, or stay here, because it’s a great place to be and is filled with opportunity. Ambitious, smart people can do better here than almost anywhere else on the planet, even despite relatively high taxes (and possibly because of them). Your conclusion that this is ultimately a fairly modest change and unlikely to cause a big exodus is refreshingly balanced.

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