La. staffs propose simpler tax plan

A 43-page primer written by the Jindal administration on Louisiana’s state tax structure suggests a recipe for improving the perception of the state’s business climate.

The recipe calls for reducing the number of tax brackets and exemptions, while avoiding a net increase in tax revenue. In essence, it is a swap: Shed exemptions in exchange for adopting lower tax rates, freeing taxpayers from the complicated task of finding ways to lower their tax bills.

The primer focuses on a weighty topic that likely will consume the attention of Gov. Bobby Jindal and his staff in the months leading up to next year’s legislative session.

The governor made education his primary push during this year’s 2012 legislative session. During the 2013 session, he wants the theme to be a comprehensive review of the state’s tax code. As the governor told supporters in August, he wants to “make Louisiana’s tax code fairer, flatter and lower for Louisiana families and businesses.”

Exactly what that means has been unclear. Legislators say they have no idea what is under consideration. Neither Jindal administration officials nor the primer offered specific details.

The primer was written by the staffs of the state Department of Economic Development and the state Department of Revenue.

DED Secretary Stephen Moret and Tim Barfield, executive counsel for Revenue, refused to outline what legislative options are on the table for the upcoming 2013 session of the Louisiana Legislature, which convenes April 8.

Moret said the Jindal administration is looking at reducing the number of income tax brackets and rates, benefitting families as well as businesses. The goal, he said, is to simplify the state’s tax structure to convey that Louisiana is a low tax state.

“We have some broad goals in mind,” Barfield said. “We have a good understanding of what a simpler, flatter tax system is.”

He said the details still are being developed.

After reading the primer, state Rep. Sam Jones said he fears the governor will try to help the wealthy by lowering tax rates while hurting people with modest incomes by eliminating tax exemptions on groceries, medicine and utilities in order to keep his proposals budget neutral.

“It’s just really a smackdown on the middle class, and I certainly would be opposed to that kind of logic,” said Jones, D-Franklin.

Senate President John Alario, R-Westwego and a tax preparer by profession, said he hopes the administration makes the state tax process simpler.

He said the state income tax return has twice as many pages as the federal income tax return.

Legislators, through the Revenue Study Commission, are at work on reviewing the hundreds of tax exclusions, suspensions, deductions, credits, refunds, rebates and preferential tax calculation methods that diverted $6.9 billion in state revenue last fiscal year. Their study is independent of the governor, and possibly could result in proposals that clash with his ideals.

Jindal made it clear that he is not in favor of eradicating tax exemptions simply because they drain revenue at a time in which the state is struggling to pay its bills.

State Sen. Dan Claitor, R-Baton Rouge and a commission member, said the governor has not spoken to him about possible tax system proposals.

However, Claitor said, some incentives may need to be purged simply because they no longer make sense.

“Some of the incentives are obsolete. I don’t think we have any incentives for buggy whips, but some of them are not far off,” he said.

Tim Barfield, executive counsel for the state Department of Revenue, said the study commission is a good exercise for legislators.

“It’s important all of us understand what’s out there. All in all, I look at it and I say that the commission is providing a lot of background information ... I certainly don’t think it’s a waste of time,” he said.

State Economic Development Secretary Stephen Moret said the primer that the Jindal administration produced is intended to be an educational reference for legislators, media and the general public. He said it is the result of two months of work aimed at clearing up misperceptions and confusion about the state’s tax structure.

The biggest misperception, Moret said, is that legislators would not be raising taxes by eliminating exemptions. He said families rely on those exemptions and getting rid of them without proposing an offset would be a tax increase.

“Ultimately, we think that tax reform is an opportunity to move toward a tax code that’s fairer, flatter and lower,” Moret said.

He said changes could be made to tax brackets, complexity, marginal tax rates and exemptions without hurting economic development incentive programs or impacting the state operating budget.

Neither Moret nor Barfield would outline what specific changes might be made, if any, to the state’s individual income tax system. Currently, people with high income are taxed at a higher percentage than people with low income.

A true flat tax — a topic that’s arisen in the presidential race — is a single tax rate with the size of the taxpayer’s family determining the only allowed tax break. Money is taxed once, eliminating taxes on interest, capital gains and dividends.

The primer characterizes an ideal tax system as including “a broad tax base, a single low rate for each tax type, multiple revenue sources, and few exemptions, resulting in a simple, transparent system.”

The document also points to a number of problems with Louisiana’s current tax system.

The problems cited include:

  • The number of corporate state income tax brackets which group income into ranges to apply different taxing rates, exceeds the norm.
  • Louisiana has the highest average local sales tax rate in the country.
  • A complicated tax system that relies on applying exemptions to lower the state tax burden.
  • A more competitive tax environment in Texas than in Louisiana for individuals with very high incomes who make companies’ site-location decisions.

Moret said Louisiana’s complex tax system hurts the state in economic development. As an example, he cited the state’s business inventory tax, for which a 100 percent tax credit is available. Many businesses see that Louisiana has the tax, do not research further to discover the tax credit and write off the state, he said.

Barfield, who worked in the private sector before joining the Jindal administration, said complexity costs businesses money because they have to pay someone to navigate the state’s tax system.

“It’s not just the system is complex,” he said. “It’s that there is a real cost to that complexity.”

Barfield said the Jindal administration should have a good idea by the end of the year of which proposals will be pushed. He said the administration then will start talking to legislators on an issue-by-issue basis.

“Our focus is on making our tax system simpler and more competitive for all families and businesses in Louisiana,” Moret said.


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Comments (6)


1) Comment by Lannonmac - 15/10/2012

This is a really bad way to eliminate exemptions! This is really, really, REALLY BAD WAY TO ELIMINATE EXEMPTIONS! Ok, if you do away with an exemption, but off set the elimination in such a way that it is tax neutral, the net effect is give everyone the exemption across the board. An exemption, by its very nature, is designed to only apply to taxpayers that meet a predetermined trigger. For example, a taxpayer that earns interest on a Louisiana municipal bond pays no state tax on the interest, but a taxpayer that earns interest on a municipal bond from another state pays state tax on the interest. But if you eliminate the exemption and lower the tax rate to equal the amount generated by the exemption, then the amount the savings is spread across all taxpayers, not just the ones that qualify. Sounds fair, after all everyone is sharing, but in reality what will happen is that a few large businesses and wealthy individuals will keep certain exemptions and exclusions that the vast majority of Louisiana taxpayers don’t qualify for, while benefitting from the elimination of the exemptions and exclusions most Louisiana taxpayers already qualify for. While this model of “tax reform” does not really cost the average Middle Class Louisiana taxpayer money from their paycheck, it will not lower the average Louisiana taxpayer’s tax bill either, because most people will already qualify for the exemption. The thing we will see is that overall state revenue will be stagnate, thereby reducing the ability of State and local government to provide necessary services to Louisiana citizens. Louisiana has a revenue problem because Gov. Jindal orchestrated the killing of the Skelly Plan. Now Governor Jindal wants to institutionalize and perpetuate the State's revenue problem, by spreading the loss of revenue generated by exemptions and exclusions across the board. There are so many problems with this “tax reform” model that I don’t have room or time to explore them in any detail, but the bottom line is that a small number of Louisiana residents and business will get a significant tax cut, while the vast majority of Louisiana residents and businesses will not see a change in their tax bill, but every Louisiana resident will see a loss of State and Local services. Folks this is a really bad idea!

2) Comment by Spudaroonski - 14/10/2012

That sure was a long winded article just to say that the purpose of these tax reforms will be to lower business and corporate taxes and shift the burden to the middle class and poor. Seeing what a bang up job Bobby did with education reform my advice to the people of Louisiana would be to bend over, grab your ankles and hold on because here it comes again. How any working person can vote republican is beyond me. It's like chickens voting for Col. Sanders to take care of them.

3) Comment by IMVOR - 14/10/2012

First thing you can do for "bettergovt" is learn to spell. People whose incomes are shrinking (e.g. "middle class") are likely to buy whatever products are least expensive (and then there's the problem that a lot of things people need aren't made in America anymore). But the rich most certainly are not going to "higher" anybody. It would be nice if they would "hire" more people. Corporations are already sitting on record amounts of cash, so giving them more doesn't guarantee they would start hiring. Unfortunately, I'm afraid it's irrelevant, because this is not really about helping the middle class or business or Louisiana. It is part of a Republican agenda, a political exercise that Jindal, like a good soldier, is carrying out according to his marching orders in hopes that the GOP will throw him a fish.

4) Comment by bettergovt - 14/10/2012

No one represents the middle class. The democrats are for giving the money to the poor and the republicans give it the rich. Trickle up verses trickle down. How about trickle out? Ease the load on the middle class and both the poor and the rich will do better. If the middle class will consume more American made products, the rich will higher more people and the poor will get jobs. You have to stop both give away programs though. Stop both welfare and corporate welfare. I will expose the biggest lie that is being spread right now. Regular tax cuts to the highest income earners will never create jobs. The reason is that salary expense is already tax deductible. It is most American companies biggest deduction. Lower the tax on rich will cause them to recognize more profit with isn't deductible. They "might" spend it but they might sit on it. If you want to get business to hire more, make 105% of salary expense deductible. Put a limit of say $100,000 per salary on it and watch the jobs get created. It is simple, if you pay a total of $1 million in salaries of $100,000 or less, you get to deduct $1.05 million. It will raise more revenue because the employees will be paying more taxes. Once the economy comes back, end the deduction. Now that would be a job stimulus tax break. Whatever you do stop telling me to just give all to the rich and trust that they will hire people and start increasing income again. The really rich are just sitting on their money right now.

5) Comment by tradewinns - 14/10/2012

bettergovt, that's because that is what is going to happen. just look at the broad facts. the rich are who give money to politicians for their elections. the middle class may contribute a small portion, but when was the last time you stroked a check for $2500 (or whatever the max is for state elections)? the wealthy do that every election and sometimes donate to both candidates to protect their interest. the poor give little to nothing (because they are poor). so they "level the field" on taxes. the rich, even if they pay more (which they won't), can live without it. the poor again don't pay, because they are poor. who's left? the middle class! they lower the rates but do away with deductions, the MC WILL end up paying slightly more and the politicians will condescendingly say something like "it's only a couple of bucks more for a fairer system. one cup of coffee a week". i am a conservative republican, but even i am tired of being taken advantage of by all politicians!

6) Comment by bettergovt - 14/10/2012

Why do I get the feeling that the middle class will get screwed? It just seems that every time people refuse to give specifics until after the laws are passed, the majority of people end up mad at the the end. Just look at Obama care.