Institute on Taxation and Economic Policy (ITEP)

New York

State Rundown 8/16: November Ballots and 2019 Debates Coming into Focus

Even as the haze from western wildfires reduced visibility across the nation this week, voters got more clarity on what to expect to see on their ballots this fall, particularly in California (commercial property taxes and corporate surcharges), Colorado (income taxes for education), Missouri (gas tax update), and North Dakota (recreational cannabis). Meanwhile, although Virginia lawmakers won’t return until 2019, they got a preview of a clear-headed federal conformity plan they should strongly consider. And look to our “What We’re Reading“ section for further enlightenment from researchers on the [in]effectiveness of charitable contribution credits, the [lack of] wage growth for…

State Rundown 8/8: States Setting Rules for Upcoming Tax Decisions

August is often a season for states to define the parameters of tax debates to come, and that is true this week in several states: a tax task force in Arkansas is nearing its final recommendations; residents of Missouri, Montana, and North Carolina await results of court challenges that will decide whether tax measures will show up on their ballots this fall; and Michigan and South Dakota are taking different approaches to making sure they’re ready to collect online sales taxes next year.

Updating Sales and Excise Taxes to Reflect Today’s Economy

Consumers’ growing interest in online shopping and “gig economy” services like Uber and Airbnb has forced states and localities to revisit their sales taxes, for instance. Meanwhile new evidence on the dangers and causes of obesity has led to rising interest in soda taxes, but the soda industry is fighting back. Carbon taxes are being discussed as a tool for combatting climate change. And changing attitudes toward cannabis use have spurred some states to move away from outright prohibition in favor of legalization, regulation and taxation.

State Rundown 8/1: States Stay Busy During Summer “Break”

Although most state legislatures are out of session during the summer, the pursuit of better fiscal policy has no "off-season." Here at ITEP, we've been revamping the State Rundown to bring you your favorite summary of state budget and tax news in the new-and-improved format you see here. Meanwhile, leaders in Massachusetts and New Jersey have been hard at work in recent weeks and are already looking ahead their next round of budget and tax debates. Lawmakers in many states are using their summer break to prepare for next year's discussions over how to implement online sales tax legislation. And…

State Rundown 7/19: Wayfair Fallout and Ballot Preparation Dominate State Tax Talk

In the wake of the U.S. Supreme Court's recent Wayfair decision authorizing states to collect taxes owed on online sales, Utah lawmakers held a one-day special session that included (among other tax topics) legislation to ensure the state will be ready to collect those taxes, and a Nebraska lawmaker began pushing for a special session for the same reason. Voters in Colorado and Montana got more clarity on tax-related items they'll see on the ballot in November. And Massachusetts moves closer toward becoming the final state to enact a budget for the new fiscal year that started July 1 in…

Sales Tax Holidays: An Ineffective Alternative to Real Sales Tax Reform

An updated version of this brief for 2019 is available here. Read this report in PDF. Overview Sales taxes are an important revenue source, composing close to half of all state tax revenues.[1] But sales taxes are also inherently regressive because the lower a family’s income, the more the family must spend on goods and […]

New York Times: $111 Billion in Tax Cuts for the Top 1 Percent

July 11, 2018

Think of it this way: Income inequality has soared in recent decades, with the wealthy pulling away from everyone else and the upper-middle-class doing better than the working class or poor. Yet our federal government has responded by aggravating these trends. It has handed huge tax cuts to the small segment of Americans who need […]

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An Update on State Responses to the Federal Tax Bill

July 3, 2018 • By Dylan Grundman O'Neill

An Update on State Responses to the Federal Tax Bill

With many state fiscal years beginning July 1, most states that will make decisions this year about federal tax conformity have now done so, so it is now time for an update on how well state policymakers have kept to, or veered from, the path we charted out earlier this year. Most states that have enacted laws in response to the federal changes have adhered to some but not all of the principles we laid out, with a few responding rather prudently and a handful charting a much more treacherous course of unfair, unsustainable policy based on unfounded promises of…

Wall Street Journal: As Treasury Targets Workarounds to Tax Law, Impact May Extend Beyond High-Tax States

June 27, 2018

Tax experts say the federal government will find it difficult if not impossible to write rules to stop the workarounds in New York, New Jersey and Connecticut without also limiting existing tax credits in Georgia, Alabama, South Carolina and elsewhere. According to a recent paper from law professors, 33 states currently have more than 100 […]

The Other SALT Cap Workaround: Accountants Steer Clients Toward Private K-12 Voucher Tax Credits

On May 23, 2018, the IRS and Treasury Department announced that they “intend to propose regulations addressing the federal income tax treatment of certain payments made by taxpayers for which taxpayers receive a credit against their state and local taxes.” They made the announcement in response to new “workaround tax credits” enacted in New York […]

New York Times: Supreme Court Widens Reach of Sales Tax for Online Retailers

June 22, 2018

The decision, in South Dakota v. Wayfair Inc., was a victory for brick-and-mortar businesses that have long complained they are put at a disadvantage by having to charge sales taxes while many online competitors do not. And it was also a victory for states that have said that they are missing out on tens of […]

Buffalo News: Sales Tax Ruling Will Help Stores Compete Against Online Retailers

June 22, 2018

Carl Davis, research director at the Institute on Taxation and Economic Policy, a Washington think tank, was quoted in The New York Times saying, “State and local governments have really been dealing with the nightmare scenario for several years now.” He added that “this is going to allow state and local governments to improve their […]

Market Insider: Trump Praises Supreme Court Decision on Sales Tax

June 22, 2018

A Trump Organization representative did not respond to a request for comment from Business Insider on how the Supreme Court decision could affect TrumpStore.com. When New York was added to the list of states, a Trump Store spokesperson told Business Insider the online retailer has “always, and will continue to collect, report, and remit sales […]

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State Rundown 6/21: Wayfair Decision Is Way Fair

June 21, 2018 • By ITEP Staff

State Rundown 6/21: Wayfair Decision Is Way Fair

The U.S. Supreme Court made big news this morning by allowing states to collect taxes due on internet purchases, which will help put main-street and online retailers on an even playing field while also improving state and local revenues and the long-term viability of the sales tax as a revenue source. Many states remain focused on more local issues, however, as Louisiana's third special session of the year kicked off, Massachusetts won a living wage battle while losing an opportunity to put a popular millionaires tax proposal before voters, and major fiscal debates continue in Maine, New Jersey, and Vermont.

State Rundown 6/13: Budget Crunch Time Sets in as State Fiscal Years Come to Close

With many state fiscal years ending June 30th, budget negotiations were completed recently in California, Illinois, Michigan, and North Carolina. New Jersey remains a state to watch as a government shutdown looms but leaders continue to disagree about a proposed millionaires tax, corporate taxes, and school funding. In other states looking to wealthy individuals and large corporations for needed revenues, Arizona's teacher pay crisis could be solved with a tax on its highest-income residents and a similar proposal in Massachusetts is polling well, but Seattle's new "head tax" could be on the chopping block.

Lottery, Casino and other Gambling Revenue: A Fiscal Game of Chance

Cash-strapped, tax-averse state lawmakers continue to seek unconventional revenue-raising alternatives to the income, sales, and property taxes that form the backbone of most state tax systems. However, gambling revenues are rarely as lucrative, or as long-lasting, as supporters claim.

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 […]