Category Archives: taxes

Adam Pagnucco, Robin Ficker, taxes

Picture This

By Adam Pagnucco.

Picture this, dear readers: two events, both scheduled for today.

Picture 1: Robin Ficker, author of numerous charter amendments on taxes and term limits, has announced his intention to deliver 16,000 signatures in support of his latest anti-tax amendment to the county executive’s office.  Ficker needs at least 10,000 signatures to place his amendment on the ballot.  Let’s remember that no one in the history of Montgomery County has more experience in gathering signatures than Robin Ficker.

Picture 2: Just a short walk away in the county council building and almost simultaneously, County Council Member Will Jawando and Delegate Julie Palakovich Carr have announced a press conference in support of two state bills that would enable the county to levy tax hikes.  One bill would allow counties to set different property tax rates for commercial properties, industrial properties and residential properties with more than 5,000 square feet.  The other bill would allow counties to increase their maximum income tax rates from 3.2% to 3.5% and establish income tax brackets.

Picture 1 is to be expected; we have seen Ficker’s grandiose signature deliveries before.  Picture 2 is problematic for two reasons.

First, Jawando and Palakovich Carr justify their bills partly “in order to pay for the increased local share of education funding required under the Kirwan Commission.”  Counties around the state are concerned about how they might pay for any additional local obligations to schools stemming from the Kirwan Commission’s recommendations.  Those obligations are laid out in Appendix F of the Kirwan Commission bill’s fiscal note, which is reprinted below.

A careful look at the phase-in schedule shows that Montgomery County is not currently required to contribute any more to its public schools than it already has been doing until Fiscal Year 2027, which is MORE THAN SIX YEARS AWAY.  Why are these elected officials pushing tax hikes now?  One struggles to see how this is linked in any way to Kirwan.

Furthermore, even in years in which no tax hikes are levied, the Montgomery County government gets an average of more than $100 million in new revenue a year, and that excludes intergovernmental aid.  If the phase-in schedule above were altered to allow a more gradual phase-in for the county’s local obligations – say, $25-30 million a year instead of cramming it all into four years – the county might not have to raise taxes at all.  The county might have to restrain spending in other areas to allocate greater shares of new revenue to MCPS, but that would make up for the fact that local money for MCPS has been one of the slowest growing parts of the county budget for a decade.

Second, this plays directly into Ficker’s hands.  There was a time not so long ago when Ficker’s name was so radioactive due to his NBA heckling and his rampant placement of illegal campaign signs that his very association with a ballot question was enough to kill it.  Those days are gone.  In 2008, the county raised property taxes by 13%.  Voters responded months later by passing Ficker’s charter amendment requiring that nine county council members must vote in favor of any property tax increase breaking the county’s charter limit.  In 2016, the county raised property taxes by 8.7%.  Voters responded by passing Ficker’s charter amendment on term limits by a landslide.  Now, counting the bills supported by Jawando and Palakovich Carr as well as a separate bill by Council Member Evan Glass calling for new taxes on teardowns, there are three different bills pending that allow county tax increases just as Ficker is pushing for a new anti-tax charter amendment.

Ficker must be the happiest man in MoCo.

Ficker does not win passage of his charter amendments because voters love him.  He has run in almost every four-year election cycle since the 1970s, with just one victory (a 1978 Delegate race) that was reversed after a single term.  He has not come close to being elected since.  Ficker wins because he has deduced something that county politicians hate to admit, at least in public: voters are skeptical that our elected officials are capable of behaving responsibly with their tax dollars.  Indeed, the county has levied nine major tax hikes since Fiscal Year 2003, with only one (an energy tax increase in Fiscal Year 2011) occurring during a recession.  The most recent tax hike, the 8.7% property tax increase in 2016, was marketed in part as a way to close MCPS’s achievement gap.  Three years later, the council’s Office of Legislative Oversight found that the county has made little or no progress on the achievement gap despite the massive tax hike.

This kind of thing is why Ficker wins.

Let’s think of what is at stake.  In 1978, Prince George’s County passed an anti-tax charter amendment only a little more draconian than Ficker’s.  Five years later, in the wake of the devastating recession of the early 1980s and lacking an ability to raise taxes, the county had to gut services and lay off more than 500 teachers, laying the groundwork for decades of problems.  Heaven help MoCo if we proceed in that direction.

If MoCo’s elected officials want to avoid that sort of outcome, they need to behave responsibly.  Save the tax hikes for times of desperate need, like recessions.  The rest of the time, figure out how to live within your means just like your constituents do.  Above all, stop giving ammo to Ficker.

The alternative?  Picture this.  Ficker celebrates in November, bellowing in victory at the passage of yet another charter amendment.  And the county government, struggling in fiscal chains strung up by distrustful voters, becomes more vulnerable to the next recession.

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taxes

RGA Hits Jealous on Taxes

By Adam Pagnucco.

The Republican Governors Association (RGA) is up with a second TV ad, this one claiming that Democratic nominee Ben Jealous would raise taxes and “would blow a Chesapeake Bay-sized hole in the state budget.”  That latter quote comes from a Washington Post editorial opposing Jealous’s proposal to offer free tuition for Marylanders at public colleges.  RGA’s campaign, which also includes mail to Democrats, may be early but the risk is that it will define Jealous before Jealous gets to define himself.

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Council At-Large, taxes

Who is Voting for Neil Greenberger?

By Adam Pagnucco.

At least one homeowner is voting for Council At-Large candidate Neil Greenberger and he printed a picture of the person’s house on his first mailer.  To our knowledge, Greenberger is the only Democratic Council At-Large candidate to guarantee that there will be no property tax hike if he is elected.  That’s because the county’s charter requires that all nine Council Members must vote to increase property tax collections above the rate of inflation and Greenberger promises to vote no.

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Adam Pagnucco, David Moon, Property Taxes, taxes

Non-Incumbents Embrace Moon Country Club Bill

By Adam Pagnucco.

Delegate David Moon’s local bill on country clubs, which would have phased out a $10 million special tax break received only by country clubs with golf courses, did not get much love from elected officials.  The County Council did not support it (despite recently passing $53 million in budget cuts), the County Executive outright opposed it and Moon’s colleagues in the MoCo House Delegation killed it on a 17-7 vote.  This story is not quite over though because Moon has a statewide bill that would not eliminate the tax break but would limit country clubs’ assessed land value to one percent of market value.

Elected officials may not have embraced Moon’s bill but there is another group of people who absolutely loved it: non-incumbent candidates for office.  In the wake of the bill’s death, MANY candidates made clear they would support it if elected.  Here’s a sample.

Bill Conway (Council At-Large) tweeted in support of the bill.

Danielle Meitiv (Council At-Large) wrote in support of the bill on Facebook and criticized those who voted against it.

Andy Hoverman (House D-39) took out a Facebook ad supporting the bill.  Among the District 39 Delegates, Shane Robinson voted for the bill while Kirill Reznik and Charles Barkley (who is running for Council At-Large) voted against it.

Three non-incumbent candidates for Delegate in District 18 spoke out in favor of the bill on Seventh State’s Facebook page.

Emily Shetty said, “We have a budget deficit and are struggling to fully fund schools and other high priority services. I support David’s bill, and appreciate and would have supported the amendments he made to further tailor it as well. I don’t think it’s fair for private clubs to benefit from tax breaks otherwise unavailable to families and other employers in the state.”

Mila Johns said, “I 100% support David Moon’s bill. I have previously stated that on this page and I’m extremely grateful to Jeff Waldstreicher and Ana Sol Gutierrez for their principled vote. I read Al Carr’s reasoning and while I understand how he came to his decision, I disagree with it. It’s simply hard to believe so many in our county discarded a very reasonable way to raise revenue in a time of such painful budget shortfalls.”

Leslie Milano said, “Here’s where I stand: We cannot continue to subsidize a luxury restricted to the wealthy when taxpayers do not have access to the very thing they are subsidizing. The fact that only the very wealthy can access this subsidized luxury is extremely distasteful, especially when there is a great deal of poverty in our county as well as a budget shortfall of $120M affecting a variety of areas for every taxpayer. I would sponsor or co-sponsor a revised bill come January to ensure that clubs are paying their fair share. I agree with Ike Leggett that MoCo clubs shouldn’t be taxed differently than clubs in other counties, but I think we need to course correct MoCo clubs first with a local bill – as a sign of good faith – and in a second bill address remaining clubs in the state, which is David’s proposal. It will be easier to pass in two stages and moves us in the right direction.”

Among the District 18 Delegates, Al Carr voted against the bill while Ana Sol Gutierrez (who is running for Council District 1) and Jeff Waldstreicher (who is running for Senate) voted for it.

Several other candidates sent us statements in support of the bill.  They include:

Brandy Brooks (Council At-Large)

Our budget and tax policies should be built around the mutual concept of the common and each contributing their fair share. The common good should guide us in our decisions as well as our interactions with one another. It’s clear the special tax breaks for country clubs benefit only a few.  When wealthy special interests have a major influence over the policy discussions — even around common sense bills to create tax equity — our communities suffer. The county faces a huge budget shortfall, a severe housing crisis, income inequality, and education and opportunity gaps in our schools, to name a few of the pressing issues. Yet, the arguments made by those opposing the bill fail to address these needs. Instead, the country club lobbyist gave lawmakers an ultimatum: kill this bill or workers lose their jobs. All too often, hourly and low wage workers are the first to suffer when management says they need to tighten their belt.   Our policymaking should be focused on the common good. Lawmakers need to hear the voices of everyday people over corporate and big money interests. Our voices — the voices of everyday people — must be central in our policymaking, otherwise we further divide the county into the haves and have nots.

Hoan Dang (Council At-Large)

I strongly backed Delegate Moon’s bill to phase out the special property tax break for Montgomery County country clubs. I was disappointed that this bill was killed by special interests in this County.   This action is another example of why we need more efforts to take money out of politics, such as the public financing of all candidates in Montgomery County from School Board to the General Assembly.

Seth Grimes (Council At-Large)

I support ending special tax treatment for country clubs. Thanks to David Moon for taking a shot. We’ll try again in 2019.

Ben Shnider (Council District 3)

It’s common sense that clubs with annual dues in the tens of thousands of dollars should pay their fair share in taxes when we’re struggling to keep up with vital investments in transportation, school facilities, and other critical infrastructure. It’s not sustainable to keep raising taxes on working families in the County to meet our budgetary needs.

Vaughn Stewart (House D-19)

It’s a shame that this proposal to bring the taxes paid by country clubs in line with the far higher taxes paid by working families and seniors failed to generate wide support. The extra $10 million of revenue per year would be especially beneficial at a time when the county is cutting school funding to address a $120 million budget shortfall caused in part by wealthy residents strategically withholding capital gains. If we can’t afford to pay teachers and staff what they deserve, we can’t afford tax breaks for Montgomery County’s Mar-a-Lagos. I’ve spoken to thousands of District 19 residents since starting this campaign, and they want to know how I’m going to reduce their healthcare costs, create alternatives to traffic congestion, and fully fund their kids’ schools. Not one of them has asked me to continue subsidizing the golf games of our county’s wealthiest few. I look forward to helping Delegate Moon revive this bill next session.

Editor’s Note: All three District 19 Delegates – Bonnie Cullison, Ben Kramer and Marice Morales – voted against the bill.

Chris Wilhelm (Council At-Large)

I’m disappointed that our County and State representatives weren’t willing to stare down the country club lobbyists on this bill, especially when the County is getting ready to balance the budget by cutting from education and other important services. I see this issue through a racial equity lens: how can we claim to “resist” and stand up for our diverse community when so many of our officials were unwilling in this instance to help shift the tax burden from lower and moderate income residents to the ultra wealthy? This is why Montgomery County needs to stop patting itself on the back for being the most progressive place in the world; we aren’t.

*****

Additionally, institutional supporters of Moon’s bill include SEIU Local 500, MCGEO, National Nurses United, Montgomery County Young Democrats and the Sligo Creek Golf Association (which advocates for a public golf course).

Moon’s statewide bill, which limits but does not abolish the country club tax break, is headed to a hearing before the Ways and Means Committee tomorrow (February 27).  The Chair of the Committee, Delegate Anne Kaiser (D-14), voted against the local version of the bill.

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Adam Pagnucco, David Moon, Property Taxes, taxes

Moon Explains Failure of Country Club Tax Break Bill

By Adam Pagnucco.

In the wake of the failure of his bill that would have phased out a special property tax break for MoCo country clubs, the Facebook page of Delegate David Moon (D-20) saw an eruption of commenters expressing outrage, disbelief and mockery.  (Some raised the prospect of starting country clubs in their back yards to get similar tax breaks.)  In response to repeated requests, Moon analyzed the arguments against his bill and told the story of how it died.  Moon’s account contains references to a well-intended amendment by Delegate Eric Luedtke (D-14), who tried to narrow the bill to allow it to pass.  But he also describes the tactics used by a lobbyist hired by the clubs to kill the bill which demonstrate just how far some special interests will go to protect what they have been granted by government.  We intend to find out what that lobbyist was paid when reports come due.

We reprint Moon’s breakdown of the arguments against his bill below.

*****

Let me finally try and add some detail to this bill.

Argument 1 – Treating MoCo Differently Than Other Counties: The bill as originally introduced repealed these tax breaks for all of Montgomery County’s golf courses. State law doesn’t allow counties to asses property differently from one another, so the bill needed a constitutional amendment (subject to approval by voters), to give MoCo permission to repeal the Country Club tax breaks. Some people (including Ike Leggett) argued that MoCo shouldn’t be taxing country clubs differently from other counties. I found that argument unpersuasive, as MoCo has a majority of the state’s country clubs receiving this tax break. Additionally, MoCo loses far more money from this tax break than other counties. This is because in 2002, state law created a flat fee for country club assessments at $1,000 an acre. The problem with that is that in MoCo, many of our country clubs are sitting on land worth between $300,000 and $1 million per acre. You will not find that scenario in any other county, as their land is worth far less. So the flat fee seriously harms counties with valuable land. I offered one amendment to change the bill to simply say the county should decide the country club tax assessments, since they are the ones losing money from this. That amendment failed narrowly. But even still, some people simply had a problem with amending the state constitution to fix this problem. I honestly don’t care what the mechanism is to address the issue (we inserted slot machines into our state constitution, for example). I also have a statewide bill (HB 1340) that addresses this issue by changing the $1,000/acre assessment to 1% of market value, to account for the different land values in Maryland. A few of my colleagues suggested this issue should be taken up as a statewide measure and didn’t think it made sense as a local bill. But to be honest, one of the reasons I did both a local bill and a statewide bill is that it will likely be far more difficult to persuade lawmakers from around the state to fix this broken system. It now remains to be seen whether lawmakers who opposed my MoCo bill on the grounds of treating all the counties the same will now support the statewide bill. I will forward the state bill to the County Executive to see if it now addresses his stated concerns.

Argument 2 – Some Country Clubs Are In Poor Financial Shape: A common argument made against my bill is that of the 15 or 16 MoCo golf courses receiving this tax break, not all had wealthy members. Some argued that they were teetering on the brink of closure and would shut down if this bill passed. The country club lobbyist got all the janitors and service staff from the clubs to come to Annapolis and tell lawmakers they would all be fired if the bill passed. It was a true spectacle. I tried to counter this argument with amendments to make the bill more need-based. I proposed that we cap the tax discount at the first $400,000 per acre of market value, so that almost all of the clubs would be unaffected except for the super wealthy ones that charge huge initiation fees ($40,000 to $70,000 just to join). The country club lobbyist opposed this and other amendments. Basically, they were saying this would put courses out of business, but when we proposed amendments to make that not the case, the lobbyist opposed those fixes, too. Nice move! To be fair to my House colleagues, they never had an opportunity to vote for this version of the bill, because we didn’t adopt the narrowing amendments in subcommittee.

Argument 3 – Country Clubs Provide Jobs & Do Charitable Work: Another routine argument during this debate was that the country clubs employ people and let charities use their facilities. My response here is that plenty of entities employ people and do charitable work AND pay their taxes. But what this argument really turns on, is the idea that passing this bill would put the clubs out of business. As I noted above, I had an amendment to address that issue, but the country club lobbyist (who was formerly a State Senator who sponsored the bill for country club tax cuts) opposed the amendment. Come on now.

Argument 4 – Open Space & Those Evil Developers!: Yet another frequently cited argument against my bill was that the country clubs would close and lead to rampant development. The Sierra Club ought to go do a membership drive at country clubs, because apparently there are hundreds of open space conservation activists at country clubs, and we didn’t know it! Kidding aside, there are a number of reasons why this is a flawed argument. First, it assumes that country clubs will close BECAUSE OF this bill. As I noted above, I offered to amend the bill to exclude clubs that are not wealthy. Second, you would have to believe that a wealthy club with hundreds of acres of land worth $1 million/acre and waiting list to join would shut the entire club over a tax bill increase in the thousands. As some have noted, the wealthy clubs could simply add some members or sell a tiny piece of their land IF this was really an issue (and I doubt it is, with the amendments I offered). Moreover, the teetering country clubs are in trouble because there is a generational shift away from golf being a popular hobby. We didn’t throw money at Blockbuster or Tower Records to keep those businesses open when the market shifted on them, but then again, their customers were not wealthy and politically influential people. Additionally, nothing would stop the county from exercising its zoning and staging authority over a failed country club, and I would be willing to bet that’s exactly what would happen if one of these clubs failed. Let’s also be clear that even if you don’t like development, only ONE of these clubs was in the Ag Reserve, and Eric Luedtke offered an amendment which I supported to exclude that club (it was rejected). Many of the clubs inside the beltway are in areas of the county that are zoned for development (not open space), per the master plans that guide county development. If people have a problem with that, they should argue for extending the Ag Reserve to the DC border, near highway exits and transit (an absurd policy proposition). Given that many of these inside-the-beltway clubs are located in highly desirable school districts, this amounts to an argument for residents who are privileged enough to live in the W cluster keeping out others who also want the privilege to live there. The tax implications of this de facto development moratorium are far greater than $10 million a year for the county. Moreover, a supermajority of MoCo lawmakers also cosponsored the bill to drop 50,000 Amazon workers onto the county without worrying about the development implications. But remember once again, that there were amendments offered to take this development issue off the table.

When I first embarked on this effort to rein in country club tax breaks, I thought this would be a simple bill. Boy was I wrong! I now know more than I could’ve imagined about this issue, and the more I learn the more I’m convinced that this situation is seriously messed up. I’ll be back with more legislation on this issue next year, including looking at how we enforce the anti-discrimination provisions regarding country clubs and pesticide restrictions for clubs receiving these tax breaks (since the environmental, open space argument is being made!).

In the meantime, I encourage everyone to listen to Malcolm Gladwell’s fascinating podcast on this topic.

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Adam Pagnucco, David Moon, Property Taxes, taxes

MoCo Delegates Kill Moon Country Club Bill

By Adam Pagnucco.

Montgomery County’s Delegates have killed a local bill proposed by Delegate David Moon (D-20) that would have eliminated a special tax break for country clubs contained in state law.  Seventeen Delegates voted to kill the bill while seven voted in its favor.

Under current state law, the State Department of Assessments and Taxation (SDAT) is permitted to enter into agreements with country clubs possessing golf courses that would set the assessed value of their land at $1,000 per acre.  Moon’s bill would have phased out these agreements in Montgomery County subject to approval by voters.  The fiscal note on the bill indicated that the state government would have received an extra $1 million a year in tax revenue and the county government would have received an extra $10 million a year once the agreements were ended.  Despite the fact that the county just reported a $120 million shortfall, neither the County Executive nor the County Council supported the bill.

Since it was a local bill, the bill needed to clear Montgomery County’s House delegation before advancing to further votes by the county’s Senators and the full General Assembly.  That vote took place this morning.  After two unsuccessful attempts were made to amend the bill, Delegate Kathleen Dumais (D-15) made an unfavorable motion on it, which is tantamount to a no vote.  Delegate Sheila Hixson (D-20) seconded the motion.  Seventeen Delegates voted in favor of that motion and seven voted against.  The seven Delegates who voted in support of Moon’s bill were Moon, Ana Sol Gutierrez (D-18), Aruna Miller (D-15), Andrew Platt (D-17), Jeff Waldstreicher (D-18), Shane Robinson (D-39) and Jheanelle Wilkins (D-20).  We reprint the vote tally below.  In reading it, remember that a “Yea” vote is a vote to kill the bill.

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Adam Pagnucco, budget, Larry Hogan, taxes

Revenue Shortfall Undermines Hogan’s Claims on Jobs

By Adam Pagnucco.

In 2014, candidate Larry Hogan ran on three issues: jobs, taxes and reforming Annapolis.  From 2015 through the present, Governor Larry Hogan has based his agenda on three issues: jobs, taxes and reforming Annapolis.  It’s a smart and focused way to campaign and govern and has largely (although perhaps temporarily) neutralized Hogan’s disadvantage as a Republican in blue Maryland.  But now the state budget is suffering from a revenue shortfall.  That calls into question Hogan’s standing on perhaps his biggest issue: jobs.

Recent polls show that jobs and the economy are the second most important issue for Marylanders, trailing only public education.  Accordingly, Hogan relentlessly promotes his jobs record in the press and social media, not so subtly using it as justification for his reelection.  But if employment was really surging, state revenues should be booming.  They’re not.

One of countless Facebook posts by the Governor on jobs.

Last week, the Board of Revenue Estimates, comprised of the Comptroller, the Treasurer and the Secretary of Budget and Management, voted to reduce the state’s revenue projection for FY18 (the current fiscal year) by $73 million.  The reduction included shortfalls of $92 million in income taxes and $33 million in sales and use taxes, which were partially offset by increases of $18 million in estate taxes and $17 million in corporate income taxes.

A summary of the shortfall released by the Board of Revenue Estimates.

Given the fact that the November income tax distributions were down by 26% in Baltimore County, 29% in Montgomery County and 30% in Howard County, it’s not surprising that the state’s income tax projections would take a hit.  In those three counties, tax planning by the wealthy to take advantage of next year’s federal tax cuts was probably a factor in their shortfalls.  The fact that Maryland has the highest percentage of millionaire households of any state in the country leaves it vulnerable to these kinds of revenue swings.

But that’s not all.  The $33 million decline in projected sales and use taxes does not relate to tax planning by the rich.  That’s a similar situation to what MoCo is experiencing as half the county’s shortfall comes from taxes other than income taxes.  Hogan is dealing with the same problem as MoCo’s county elected officials: for all their claims that the economy is strong, healthy economies tend to not produce significant revenue shortfalls.  Recent employment estimates are often revised substantially soon after their release, but current year revenue declines are something that governments have to deal with in the near term.

Here’s what Comptroller Peter Franchot had to say about the state’s falling revenue projections:

The revenue projections that have been brought to this Board for approval were meticulously and carefully crafted based on what we know … and the trends we are seeing … and the data we are receiving. Once Congress approves a final version of the tax reform legislation, our experts here will work diligently to determine its impact on Marylanders’ income and our state’s fiscal future and propose revisions to our revenue estimates where appropriate.

In other words, we’re doing the best we can with the information we have. But, here’s what we do know and here’s what the numbers tell us. While we have undoubtedly made considerable progress after the crippling effects of the 2008 Recession, with an unemployment rate hovering around 4 percent and stock market trends that are headed in the right direction, the fact of the matter is that thousands of Maryland working families and small business owners who were affected the most by the economic crash nearly a decade ago haven’t fully recovered.

We continue to see that with declining sales and use tax revenue. With wages and salaries that are lackluster at best. Even those who are employed with good-paying jobs have – in more cases than not – elected to put their disposable incomes in their piggy banks instead of putting money back in our local economy. And who can blame them?

With all the uncertainty that’s being produced by Washington at an almost daily basis, coupled with the continued fiscal and economic challenges that our state and our communities face, it’s understandable why so many of our citizens remain hesitant and timid about how they spend their hard-earned incomes.

Let’s remember that Franchot has a famously cooperative relationship with Hogan.  Even so, Franchot is saying that the state’s economy has not fully recovered from the Great Recession – which is exactly what we wrote about MoCo before the revenue crash.

This is the opposite of Larry Hogan’s message that he has been great on jobs.  His opponents are sure to take notice.

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Adam Pagnucco, budget, Economy, income, taxes

Is MoCo’s Budget in Trouble?

By Adam Pagnucco.

Montgomery County’s $120 million budget shortfall has set off political fireworks this election season, including attacks from Delegate Bill Frick (D-16), who is running for Executive, and Republicans who question how taxes could be going up while revenues are going down.  County Council incumbents pooh-pooh it, insisting that the budget decline is unremarkable and the economy is strong.  County Executive spokesman Patrick Lacefield, who once predicted that any loss of the county’s $30 million in liquor profits would cause a big property tax hike, now says that the $120 million shortfall is “pretty small” at just 2.2 percent of the county’s budget.

What is going on here?  Is MoCo’s budget in trouble?

First, the incumbents are right to point out that mid-year corrections, including budget savings plans, are not uncommon.  Between FY08 and FY11, the County Council approved five mid-year cut packages ranging from $30 million to $70 million each due to the Great Recession.  In FY16, the council approved a $54 million savings plan associated with the U.S. Supreme Court’s Wynne decision and disappointing income tax receipts in the prior year.  While mid-year cuts happen occasionally, it’s important to note that their history indicates that they are often – but not always – produced by looming economic problems.

So what’s causing this one?  No one is totally sure yet, but there seems to be two phenomena at work.

Declining Income Tax Payments from the Wealthy

In Maryland, the state collects income taxes on behalf of local governments and remits them in periodic distributions.  Part of MoCo’s problem originated in its November income tax distribution from the state, which includes extension filers who tend to be disproportionately very wealthy.  It’s difficult to forecast income tax payments from wealthy people because their dependence on capital gains and business income can be volatile.  The chart below from the state’s Bureau of Revenue Estimates contrasts the annual change in average federal adjusted gross income between all MoCo taxpayers (pink bars) and the top 100 MoCo taxpayers (blue line).  Income change for all taxpayers usually varies by single digits each year while income for the super-wealthy almost always varies by double digits.  This creates serious forecasting challenges for the county government since the super-wealthy have a material impact on its budget.

One relevant fact is that the November distribution may be down by 29% in MoCo but, according to the state, it is also down by 30% in Howard County and 26% in Baltimore County.  One thing these three jurisdictions have in common is that they all have substantial concentrations of very wealthy people.  That suggests that some of MoCo’s problem is not specific to the county but rather to variations in the incomes of the super rich.

Why is this happening?  One explanation lies in capital gains income.  Council analyst Jacob Sesker writes:

To a large degree, that volatility is the result of the year-to-year variations in the capital gains income of a small number of County residents. Illustrating this point, part of the projected FY18 decline in income tax revenue can be traced to a sharp drop in the capital gains of the County’s top 50 taxpayers, who realized gains in tax year 2016 that were 50% of the gains realized in tax year 2015, resulting in $21 million less in County income tax revenue (Revenue Administration Division of the Maryland Comptroller). Staff’s review of tax return data published by the Comptroller indicates that roughly 1.8% of Montgomery County returns report income of $500,000 or greater. On average, these returns explain more than half of any year-to-year increases in income tax revenue, and explain more than 100% of any year-to-year declines in income tax revenue.

Another factor could be the tax bills being considered by Congress, which contain numerous large cuts for wealthy individuals and corporations.  The super wealthy could be deferring capital gains and business pass-through income to next year when they would be subject to significantly lower rates.  If true, that would mean less income tax revenue this year but perhaps more next year when the deferred income is reported.  That’s just a theory but it can’t be ruled out.

Broader Economic Weakness

There are other facts that can’t be explained by the tax planning of the super wealthy.  First, FY17 (the year of the 9% property tax hike) closed out with $25 million less than expected.  Second, the county is writing down $206 million over the next six years in property taxes, energy taxes, transfer taxes, recordation taxes, telephone taxes and hotel taxes in addition to a $212 million income tax writedown.  The energy tax revision alone is $100 million over six years.  The reason for that is unclear, but it’s worth remembering that since commercial energy users pay roughly double the tax rates of residential users, some assumptions regarding employer energy use may be operative here.  It seems unlikely that a “strong economy” would produce such broad, multi-tax writedowns of the kind just put forth by the county.

What’s the bottom line?  Over the years, we have learned that under most circumstances, economic trends usually matter more than singular events.  One good year should not cause irrational exuberance and one bad tax distribution should not cause panic.  Whether the recent shortfall turns out to be meaningful or not, MoCo’s serious budgetary challenges are long term in nature.  They relate to decade-plus trends of lagging growth in employment and income, repeated funding of ongoing spending with one-time revenue sources and the county’s recent passage of large tax hikes and expensive employment laws at the same time, a unique combination among Washington-area jurisdictions.  That is on top of any targeting of Maryland and general economic insanity by Congress.  The big question is not about one tax distribution from the state but whether a combination of all these long-term factors will catch up with MoCo in a really bad way in the next couple years.

That’s a question for the next Executive and County Council.

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taxes

Budget Cuts and Hunger in Montgomery County

Today, Seventh State is pleased to present a guest post by Manna Food Center CEO Jackie DeCarlo. Manna is a nonprofit dedicated to ending hunger in Montgomery County through food distribution, education and advocacy.

The holiday season is upon us, which means hunger relief organizations all over Maryland are welcoming an uptick in volunteerism and donations. While the individuals who organize food drives, pick up and deliver food, and volunteer at food pantries are critical to addressing hunger in our communities, their efforts will be undermined if threats to our social safety net currently working their way through Congress come to fruition.

Specifically, the federal tax plan headed for passage—and cuts to vital programs like the Supplemental Nutritional Assistance Programs (SNAP) that will likely accompany the price tag for that plan—will cause more Marylanders to tumble further into the kind of poverty that comes with inevitable hunger.

Even though Maryland is the wealthiest state in the nation, one in eight households struggles against hunger and programs like SNAP improve the lives of those neighbors on a daily basis. In Montgomery County, one of the richest counties in our state, one in three of our schoolchildren is food insecure, and there are large pockets where high unemployment and poverty rates prevail. Every day at Manna Food Center, we see the value of SNAP and other social safety net mainstays such as housing assistance programs and low-income tax credits.

A case in point is Sasha, a woman Manna has had the honor to serve. Sasha immigrated to the United States ten years ago, married and had a child, then was forced to leave an abusive husband. She didn’t have a job and found it hard to provide for her children, but the food she received from Manna helped her make it through an incredibly difficult time in her life, and eventually stand on her own.

There are countless stories like Sasha’s, which is why it so upsetting to see the budget Congress is debating on the heels of untested approaches to tax “reform.” Cuts being considered would likely cause millions of Americans to tumble further into the kind of poverty that comes with inevitable hunger. Regardless of political affiliation, there seems to be agreement that more responsibility is falling to local governments and local businesses.

Already in Montgomery County, our local government is trying to do its part to address hunger and poverty. This year, elected leaders worked with the food assistance community to develop a five-year strategy to reduce the number of food insecure neighbors by 22 percent. The plan aims to address the root causes of poverty and economic disparities through programs such as workforce training and youth skills building that ensure no one is left out of our county’s rapid development and growing prosperity.

The council also recently passed, and the County Executive signed, legislation securing a $15 minimum wage, a great step toward giving people financial autonomy – and one Governor Hogan should emulate so all of the state’s low-wage workers can enjoy a boost in earning. Even with those positive measures, however, the reality is that the minimum wage increase won’t be enough to raise people out of poverty, and none of our local government’s commendable plans amount to a silver bullet that will end hunger.

Therefore, the commitment of the local business community will also be required. Food businesses, in particular, can play an important role in alleviating hunger throughout Maryland. Through Manna’s Community Food Rescue network, Montgomery County farms, grocers, food service companies and restaurants donate unsold and surplus food that gets matched through an app and delivered by volunteers to food assistance organizations. In its first two years, the CFR network has recovered more than 2.3 million pounds of food—the equivalent of 1.9 million meals. As more businesses recognize the importance of getting food to people who need it, instead of to the landfill, the potential impact of food recovery programs here and across the state is tremendous.

Even with these positive local steps, ending hunger and poverty will be impossible without strong federal programs like SNAP, which helps ensure low-income families have enough to eat. SNAP benefits equal about $1.40 per person per meal, and if the budget passes with proposed SNAP reductions, food assistance organizations won’t be able to fill the gap.

While we have many reasons to be grateful this holiday season, I am concerned about what we stand to lose. The commitment of volunteers and donors who do their part to end hunger in communities nationwide must be matched by the commitment of businesses and, especially, policymakers at all levels of government. Rather than watching idly as a tax plan that does significant harm to those in greatest need gets passed, our local and state leaders should emphatically convey to Congress and the administration that their recklessness is unacceptable, and they will fight for the preservation of our social safety net.

Jackie DeCarlo is the CEO of Manna Food Center, a nonprofit dedicated to ending hunger in Montgomery County through food distribution, education and advocacy.

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Adam Pagnucco, David Moon, Property Taxes, taxes

Moon Country Club Bill Could Generate $10 Million for MoCo

By Adam Pagnucco.

A local bill introduced by Delegate David Moon (D-20) that would end property tax breaks for country clubs would eventually generate $10 million a year for Montgomery County Government according to General Assembly analysts.  That’s welcome news for the county, especially considering its current budgetary difficulties.

Under current state law, the State Department of Assessments and Taxation (SDAT) is allowed to strike agreements with country clubs having golf courses to cap the assessed value of their land.  To be eligible for such agreements, the clubs must have at least 100 members who pay dues averaging $50 or more annually for each member; restrict use of their facilities primarily to members, families, and guests; have at least 50 acres of land; and have a golf course with at least 9 holes and a clubhouse.  In practice, the agreements limit assessed land values to $1,000 an acre.  In return for the assessed rate, a club with an SDAT agreement must agree not to sell its land for subdivision and to not discriminate on race, color, creed, sex or national origin.  If a club with an agreement does sell its land for subdivision, it must pay back taxes equivalent to what it would have been paying without an agreement.

Not long ago, your author asked SDAT for all of its agreements with country clubs in Montgomery County.  SDAT sent us ten of them but we later learned that there are actually fifteen of them in the county.  One of them was signed in 1980 and three more were signed in 1981; all four of these are fifty year agreements.  Two more were transferred from prior owners.  One agreement, for the Lakewood Country Club in Rockville, was signed in 2017.  In tax year 2016, when the agreement was not effective, the club’s 175 acres had an assessed land value of $1.94 million.  Once the agreement takes effect, the club’s assessed land value will be $175,000 – a 91% reduction.

Moon’s local bill would abolish such agreements with country clubs in Montgomery County as of their expiration or June 30, 2029, whichever date is earlier.  Because Maryland’s state constitution requires uniform rules for the assessment of land, Moon’s bill takes the form of a constitutional amendment carving out MoCo country clubs and golf courses from that requirement.  The amendment would have to be approved by voters.  We understand that Moon may also introduce a statewide bill to deal with SDAT agreements everywhere.

The fiscal note on Moon’s bill indicates that MoCo country clubs with SDAT agreements have a combined 3,000 acres currently assessed at $3 million.  In the absence of the agreements, the fiscal note estimates that the club’s assessed land value would be $983.3 million.  So once the agreements are all gone by Fiscal Year 2030, the fiscal note estimates that the state would collect an additional $1 million a year in property taxes from the clubs and the county would get an additional $10 million annually.

That’s right, folks – if the country clubs simply pay property taxes at the same rate the rest of us do, the Montgomery County Government would get an extra $10 million a year.

Delegate Moon’s country club bill is the biggest no-brainer of all time.  There is no justification for the richest of the very rich to get a property tax break that no one else does.  And if they are required to pay the same as everybody else, the county government would get a nice revenue bump to help it deal with our significant and increasing needs.

We hope every single MoCo Senator and Delegate will join David Moon and support his bill.

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