Institute on Taxation and Economic Policy (ITEP)

New York

As IRS Prepares to Act, Red-State Taxpayers Profit from Use of SALT “Workaround Credits”

A new ITEP report explains the close parallels between the new workaround credits and existing state tax credits, including those benefiting private schools. The report comes the same day that the IRS and Treasury Department announced they would seek new regulations related to these tax credits. It notes that the SALT workarounds are emblematic of a broader weakness with the federal charitable deduction. And it cautions regulators to avoid a “narrow fix” that will only address the newest SALT workarounds (which, so far, have only been enacted in blue states) without also addressing other abuses of the deduction, which have…

New York Times: I.R.S. Warns States Not to Circumvent State and Local Tax Cap

May 24, 2018

Carl Davis, the research director for the Institute on Taxation and Economic Policy in Washington, said that Alabama provides a 100 percent state tax credit for taxpayers who donate money to organizations that give children vouchers to attend private school. Under its new law, New York gives an 85 percent state tax credit to residents […]

State Rundown 5/23: Special Sessions Abound Amid Budget Vetoes, Stalemates, Federal Tax Bill

This week the governors of Louisiana and Minnesota both vetoed budget bills, leading to another special session in Louisiana and unanswered questions in Minnesota, and Missouri legislators managed to push through a tax shift bill just before adjourning their regular session and heading right into a special session to impeach their governor. Wisconsin and Wyoming localities are both looking at ways to raise revenues as state funding drops. And our What We're Reading section contains helpful pieces on changing demographics, the effects of wealth inequality on families with children, and the impacts of the Supreme Court sports gambling and online…

State Efforts to Shield Taxpayers From SALT Cap Expose Deeper Flaws with Tax Incentives for Charitable Contributions

Long before the tax law passed, some states abused the idea of charitable giving to funnel public money to various activities, such as private K-12 education, by reimbursing up to 100 percent of their taxpayers’ donations with tax credits. The flimsy, hastily-written SALT deduction cap enacted last year made this type of gaming even easier than before, and it was entirely predictable that states would respond by enacting more tax credits of this type.

SALT/Charitable Workaround Credits Require a Broad Fix, Not a Narrow One

The federal Tax Cuts and Jobs Act (TCJA) enacted last year temporarily capped deductions for state and local tax (SALT) payments at $10,000 per year. The cap, which expires at the end of 2025, disproportionately impacts taxpayers in higher-income states and in states and localities more reliant on income or property taxes, as opposed to sales taxes. Increasingly, lawmakers in those states who feel their residents were unfairly targeted by the federal law are debating and enacting tax credits that can help some of their residents circumvent this cap.

Debate Over New Jersey’s Millionaires and ITEP’s Data

New Jersey’s new governor, Phil Murphy campaigned on a promise to raise state income taxes on millionaires, a proposal that is supported by 70 percent of the state and was, until recently, backed by New Jersey’s Senate President, Steve Sweeney. In recent months, Sweeney changed his position on the proposed millionaires tax and called for an increase in New Jersey’s corporate tax instead. The idea of hiking taxes on corporations is not a bad one, particularly since corporations received a windfall from the Tax Cuts and Jobs Act. But Sweeney’s new opposition to an income tax hike for the state’s…

Politico: Trump Store Collecting Online Sales Tax after Criticism

May 4, 2018

The research director of the liberal-leaning Institute on Taxation and Economic Policy, Carl Davis, said in a blog post Thursday that “the Trump Organization quietly updated TrumpStore.com’s sales tax information page this week to indicate that the company will now collect sales tax in New York.” Read more

Business Insider: The Trump Org Just Quietly Announced It Is Collecting Sales Tax in a New State

May 4, 2018

New York’s addition to the list of states where TrumpStore.com collects sales tax, which previously included Louisiana, Florida, and Virginia, was first spotted Thursday by the Institute on Taxation and Economic Policy, a nonpartisan think tank. “Refusing to collect sales tax in New York was a risky move, and it’s not surprising that they’ve reversed course,” […]

Politico Morning Tax: Yeah, That’s a Nexus

May 4, 2018

The Trump Store has started collecting sales tax on online purchases from customers in New York, a state where it most certainly seemed to have the physical presence required for collection — a Manhattan flagship store. The liberal Institute on Taxation and Economic Policy noted that update on the store’s website. In all, the store […]

Washington Post: Wisconsin Gov. Scott Walker is sending 671,000 families an election-year check

May 3, 2018

Tax experts said the only similar recent tax break that came to mind was in 2014, when New York Gov. Andrew M. Cuomo (D) pushed through a more targeted, three-year tax package aimed at middle-class families ahead of his reelection bid, according to Meg Wiehe, a tax expert at the Institute on Taxation and Economic […]

Under Pressure, Trump Organization Abandons Risky Sales Tax Avoidance Strategy in New York.  Will It Face Penalties for Taxes it Did Not Collect?

While President Trump was busy publicly shaming Amazon for failing to collect some state and local sales taxes, his own business’s online store was not only failing to collect the same taxes, but was arguably more aggressive than Amazon in refusing to do so. As of last month, TrumpStore.com was not even collecting sales tax in New York State despite having a “flagship retail store” inside Trump Tower, in Manhattan. As ITEP pointed out at that time: “It seems likely that the presence of a New York location should be enough to put TrumpStore.com within reach of New York’s sales…

Bloomberg BNA: Higher Gas Prices May Mean Paying States More in Taxes

May 1, 2018

As a result, a few states will see revenue gains from higher prices because their tax rates are tied to the price of fuel, rather than its volume, Carl Davis, research director for the left-leaning Institute on Taxation and Economic Policy, told Bloomberg Tax. Those states include California, Connecticut, Kentucky, Maryland, Nebraska, New Jersey, New […]

Washington Post: Democrats’ Tax Plan Looks an Awful Lot Like a Big Giveaway to the Wealthy

April 26, 2018

Some Democratic-led states are also moving forward with plans that would offset the tax benefits for the rich, with New Jersey Gov. Phil Murphy (D) acting swiftly to enact a millionaire’s tax, according to Meg Wiehe, deputy director of ITEP, who noted Murphy has acknowledged the workaround may help the rich. Cuomo has rebuffed similar […]

New York Times: Amazon’s Critics Get New Life with Trump’s Attacks on the Company

April 22, 2018

When Mr. Trump bashes Amazon for not collecting taxes, he is echoing long-running criticism of the company by the Institute on Taxation and Economic Policy, a nonpartisan research organization. Amazon collects sales tax in states that have one for items it sells directly to shoppers, but in most states it does not when shoppers buy […]

State Rundown 12/31/9999: IRS Glitch and Legislative Impasses Extend Tax Season

This week the IRS website asked some would-be tax filers to return after December 31, 9999. State legislators don't have quite that much time, but are struggling to wrap up their tax debates on schedule as well. Iowa legislators, for example, are ironically still debating tax cuts despite having run out of money to cover their daily expenses for the year. Nebraska's session wrapped up, but its tax debate continues in the form of a call for a special session and the threat of an unfunded tax cut going before voters in November. Mississippi's tax debate has been revived by…

Trends We’re Watching in 2018, Part 5: 21st Century Consumption Taxes

We're highlighting the progress of a few newer trends in consumption taxation. This includes using the tax code to discourage consumption of everything from plastic bags to carbon and collecting revenue from emerging industries like ride sharing services and legalized cannabis sales.

ITEP Resources on Amazon and the Online Sales Tax Debate

The U.S. Supreme Court is scheduled to consider a case next week (South Dakota v. Wayfair, Inc.) that has the potential to significantly improve states and localities’ ability to enforce their sales tax laws on Internet purchases.

What to Expect if the Supreme Court Allows for Online Sales Tax Collection

Online shopping is hardly a new phenomenon. And yet states and localities still lack the authority to require many Internet retailers to collect the sales taxes that their locally based, brick and mortar competitors have been collecting for decades.

Extensions of the New Tax Law’s Temporary  Provisions Would Mainly Benefit the Wealthy

This analysis finds that extending the temporary tax provisions in 2026 would not be aimed at helping the middle-class any more than TCJA as enacted helps the middle-class in 2018.

CNBC: Trump Organization’s Online Store Adds Virginia to Short List of States Collecting Tax on Its Sales, Bringing Total to 3

April 9, 2018

“You have Trump Tower New York and the Trump Store in Trump Tower pointing people to the site, essentially being salespeople,” Carl Davis, research director of the nonpartisan Institute on Taxation and Economic Policy, told CNBC. A spokesman for the New York Department of Taxation and Finance said secrecy laws prevent it from commenting on […]

Is the Trump Organization’s Sales Tax Avoidance More Aggressive Than Amazon’s?

In recent weeks, President Trump has been raking Amazon over the coals for failing to collect state and local sales taxes on many of the company’s sales—a criticism that has some merit. But a new story first reported by James Kosur at RedStateDisaster, and then picked up today by the Wall Street Journal, provides fascinating insight into the sales tax collection habits of the Trump Organization’s “official retail website,” TrumpStore.com.

State Rundown 4/5: Education Funding Issues Take Center Stage

This week, Kentucky legislators passed a bill shifting taxes onto low- and middle-income families, Oklahoma legislators reached a deal on education funding, and their counterparts in Kansas proffered multiple proposals for their education funding needs. Meanwhile, tax debates are coming down to the wire in Iowa, Missouri, and Nebraska, and responses to the federal tax-cut bill were settled on in Maryland, New York, and Wisconsin.

Matthew Gardner, a senior fellow at the left-leaning Institute on Taxation and Economic Policy, said this appears to be another example of wealthy Americans “gaming” the tax system through special loopholes. “The whole point is to help New Yorkers to avoid a tax hike, and in particular to help wealthy New Yorkers avoid a tax […]

Cities Fail to Disclose Tax Incentives in Bids for Amazon’s HQ2

The Amazon HQ2 project would be the biggest in U.S. history as measured in projected jobs, yet little is known about the incentives cities have offered Amazon to lure its second headquarters. This lack of disclosure prevents public participation in the deal, including raising important questions about whether tax incentives that cities are offering are in the best short- and long-term interest of their residents. This is the main finding of Public Auction, Private Dealings: Will Amazon’s HQ2 Veer to Secrecy Create A Missed Opportunity for Inclusive, Accountable Development?, a Good Jobs First study released today.

State Rundown 3/30: Several Major Tax Debates Will March on into April

This week, after the recent teacher strike in West Virginia, teacher pay crises brought on by years of irresponsible tax cuts also made headlines in Arizona and Oklahoma. Maine and New York lawmakers continue to hash out how they will respond to the federal tax bill. And their counterparts in Missouri and Nebraska attempt to push forward their tax cutting agendas.