Legislative Bulletin

February 23, 2001

Legislators learn most 'revenue loopholes' 
benefit individual taxpayers, not businesses 


Barely a day after Gov. Mike Easley proposed raising money for new state programs by closing an unspecified number of "revenue loopholes" in the tax code, some officials were testifying before legislative committees and others were giving newspaper interviews telling exactly how to do it. But there was no pell-mell rush to rewrite the tax code after it became apparent that most of these special provisions, especially the high-dollar ones, benefit individuals and worthy causes.

In his State of the State speech Monday night, Easley said he favors closing "revenue loopholes that defy good business practice and fly in the face of fundamental fairness." He said he had asked retired State Treasurer Harlan Boyles to chair a commission to study "tax incentives that cannot be justified in our current economic condition." 

On Tuesday, a partial list of these special provisions compiled by legislative researchers began circulating in the General Assembly. And state Treasurer Richard Moore appeared before the House Finance Committee to say he believes the state could collect an additional $200 million to $400 million a year by eliminating various special tax provisions.

On the researchers' list is eliminating the $1,500 cap on the sales tax on boats and airplanes, which they said costs the state $10.5 million. Subjecting swine, livestock and poultry production equipment to sales taxes would generate an estimated $2.2 million a year, the list says. But that's chicken feed to most others on the list. There are tax breaks for restoring historic structures, constructing a poultry composting facility and developing low income or handicapped housing -- exemptions that cost the state at least $5 million a year. 

But to raise any substantial revenue, the state would have to gore some sacred cows, such as ending the exclusion of Social Security payments from state income taxes. Moore told the House committee that amending the state law to track federal law by taxing 85 percent of Social Security benefits above $34,000 a year for individuals and $44,000 a year for couples would generate $85.3 million a year for the General Fund. He said the state could raise another $80 million to $100 million by eliminating the tax break on retirement incomes. Removing the tax credit for child-care and employment-related expenses would generate $21.7 million, while cutting a $60-per child tax credit for dependent children would raise $89.2 million, Treasurer Moore said.

Former Treasurer Boyles, however, seemed confident the state could turn over just a few revenue rocks and find a tidy sum. In an interview with the Winston-Salem paper, he said "there's no rhyme nor reason to many of those (tax provisions) in the present day environment, yet they're continuing year after year after year."  He told the paper he believes the state forgives more than $2 billion a year through the provisions. In another article in the Charlotte paper, Boyles proposed a two-year moratorium on all state tax incentives and breaks. "I think momentarily there has to be a moratorium on industrial incentives and all areas of targeting for tax purposes," Boyles said.  However, he said such a moratorium should only apply to new industrial recruitment deals and not apply to such past deals as the Federal Express hub in the Triad and the Nucor Corp. plant in Hertford County. 

Boyles also told the papers that he believes that for every dollar raised by eliminating a tax provisions that the General Assembly should save another dollar by reducing spending.

NCCBI President Phil Kirk said the association was closely monitoring the situation. "What the governor calls 'revenue loopholes' are carefully crafted provisions in the tax code that have been scrutinized and adopted by the legislature, mostly to encourage economic growth so businesses can hire more people and pay more in taxes.

"We should see this talk about closing loopholes for what it really is -- raising taxes on businesses at an uncertain and difficult time in the economy," Kirk added. "Several of these tax provisions benefit the manufacturing sector. North Carolina lost a record number of manufacturing jobs last year, so we believe the legislature should be very careful about doing anything that would make that situation worse."

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